Agenda of Georges River Independent Hearing Assessment Panel (IHAP)

Georges River Council – Independent Hearing and Assessment Panel Thursday, 23 March 2017

Page 4

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 23 March 2017

IHAP Report No	3.1	Application No	DA2016/0106
Site Address & Ward Locality	123 Croydon Road Hurstville Hurstville Ward
Proposal	Demolition of existing structures and construction of new two storey child care centre with basement parking for thirty two (32) children
Report Author/s	Development Assessment Officer, Marc Raymundo
Owners	Mr C Q Huang and Y Chen
Applicant	FS Architects Pty Ltd
Zoning	Zone R2 Low - Density Residential
Date Of Lodgement	9/05/2016
Submissions	Four (4) submissions received, and two (2) petitions with forty one (41) signatures
Cost of Works	$1,470,000.00
Reason for Referral to IHAP	Minor variations to HDCP No 1 and submissions received

Recommendation

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

Site Plan

EXECUTIVE SUMMARY

1. The proposal seeks development consent for demolition of existing structures and construction of new two (2) storey child care centre with basement parking for thirty two (32) children on land known as 123 Croydon Road, Hurstville.

2. The application has been assessed in accordance with the relevant planning controls and seeks minor variations to the Hurstville Development Control Plan No 1 - LGA Wide. Appropriate consideration has been applied in the assessment process. The variations are supported on planning merit as no material unreasonable impacts arise.

3. The proposal and amended proposal was notified/advertised and readvertised to fourteen (14) adjoining owners/occupiers. In response in total, four (4) submissions and two (2) petitions with forty one (41) signatures were received. The key concerns included traffic, safety and noise impacts of which have been addressed within the report.

4. It is recommended that the application be approved in accordance with the conditions included in the report.

DESCRIPTION OF THE PROPOSAL

1. The proposal seeks consent for demolition of existing structures and construction of new two (2) storey child care centre with basement parking for thirty two (32) children on land known as 123 Croydon Road, Hurstville.

Details of the proposed child care centre are as follows:-

Built form: Two (2) storey child care centre with indoor playrooms and associated ancillary services and office rooms with outdoor play areas.

Basement car parking: Eight (8) car spaces including one (1) accessible space.

Number of children: Thirty two (32) child care places comprising of twelve (12) x 0-2 year olds, ten (10) x 2-3 year olds and ten (10) x 3-6 year olds.

Hours of operation: 7.00am to 6.00pm Monday to Friday. Closed Saturday and Sunday.

Number of staff: Seven (7) staff on site.

· Demolition of existing dwelling and associated structures.

· Pedestrian entrance to Gannons Avenue.

· Vehicular entrance and exit driveway to Croydon Road.

· 1.8m high front fence along Gannons Avenue.

· Removal of four (4) small trees on site.

Amended Proposal received 9 December 2017

· 1.8m high front fence enclosing play area fronting Croydon Road.

· Rear access stairs along western elevation.

· Location of air conditioning units shown on plans along southern side elevation.

· Internal reconfiguration and kitchen details.

· Minor internal and external changes.

Amended Proposal received 17 January 2017 (not notified)

· Relocation of air conditioning units.

· Additional kitchen details provided.

HISTORY

2. 9 May 16 Application lodged

1 – 16 May 16 Notification period

27 Jul 16 Meeting with applicant to discuss issues

24 Aug 16 Stop the Clock letter sent to applicant – additional information request

15 Sep 16 Additional information provided

29 Nov 16 Stop the Clock letter sent to applicant – additional information request

9 Dec 16 Additional information received

17 Jan 17 Additional information provided

21 Dec – 20 Jan 17 Re-notification

DESCRIPTION OF THE SITE AND LOCALITY

3. The subject site is legally described as Lot 2 in DP18208 and known as 123 Croydon Road, Hurstville. The allotment forms a corner site and dimensioned as follows; 18.29m along the eastern frontage, 29.11m along the northern side boundary, 20.08m along the western rear boundary, 27.54m along the southern side boundary with a south eastern splay of 2m. The site contains a total area of 579sqm. The site falls from the rear north west corner (high) and south east front corner (low) by 2.89m.

The site is zoned R2 - Low Density Residential under the Hurstville Local Environmental Plan 2012. A single storey detached building is centrally located on site. Four (4) trees are located on site. Vehicular access is granted via Gannons Avenue. A fibro and awning are located within the rear north west corner.

The surrounding area generally comprises of single and two (2) storey dwellings of varying architectural styles and designs. The site contains a secondary southern frontage to Gannons Avenue to the south.

COMPLIANCE AND ASSESSMENT

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

Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

5. The proposal has been considered against the relevant planning provisions as per below.

Clause	Standard	Proposal	Complies
1.2 – Aims of the Plan	In accordance with Clause 1.2 (2)	The proposal is consistent with the aims of the plan	Yes
1.4 - Definitions	“Child Care Centre”	The proposed development is defined as a child care centre	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of R2 Zone Development must be permissible with consent	Proposal reasonably meets zone objectives and forms a permissible use development with consent	Yes
2.7 - Demolition	Demolition is permissible with consent	Demolition supported for removal of existing dwelling and ancillary structures, standard conditions of consent applied	Yes
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	7.48m (ridge) max	Yes
4.4 – Floor Space Ratio	Site = 579sqm 0.6:1 as identified on Floor Space Ratio Map (347.4sqm)	Ground floor = 182sqm First floor = 164.2sqm Total = (346.2sqm) FSR = 0.59:1	Yes
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	Calculated in accordance with Cl. 4.5	Yes
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	Removal four (4) small trees. This is subject to tree replacement planting on site as identified within the landscape plan. Six (6) replacement trees. A further additional tree planting is conditioned to appropriately replenish the tree canopy and provide additional shading.	Yes
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: Supply of water, electricity and disposal and management of sewerage Stormwater drainage or on-site conservation Suitable vehicular access	Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land The proposed development can drain to the street, supported by Council’s Team Leader Development and Subdivision Suitable vehicular access to Croydon Road at front of site to service proposed use which is supported by Council’s Senior Traffic Engineer.	Yes Yes Yes

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy

Complies

State Environmental Planning Policy No 55 – Remediation of Land

Subject site historically used for residential purposes

Yes

Draft Environmental Planning Instruments

DRAFT EDUCATION AND CHILD CARE STATE ENVIRONMENTAL PLANNING POLICY

6. The proposal has been considered in accordance with the draft SEPP which is currently under exhibition. The proposal is considered to reasonably satisfy the intent of the policy. However, this is draft SEPP not certain nor imminent.

Any other matters prescribed by the Regulations

7. The regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Demolition

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

Development Control Plans

8. The provisions of Development Control Plan No 1 apply to the proposed development with the relevant sections as follows.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

Section 3.1

Requirements

Proposed

Complies

3.1.2.1 (table) – Child care centres

1 space per 2 staff (7 staff) = 4 spaces

Separate entry and exit (1 space per 10 children) = 4 spaces

Total required = 8 spaces

Car parking and driveway compliant with Australian Standards

4 staff spaces

4 spaces

Total provided = 8 spaces

Meets Australian Standards, traffic report provided. Supported by Council’s Senior Traffic Engineer subject to conditions of consent.

Yes

As can be seen from the table above, the proposal complies with Section 3.1.

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

9. The proposed development complies with the provisions of Section 3.3 as follows.

Section 3.3	Requirements	Proposed	Complies
Access requirements	Access for all persons through the principal entrance and access to appropriate sanitary facilities in accordance with the BCA and relevant Australian Standards	Access provided to all areas of the child care centre and sanitary facilities provided	Yes
Accessible car spaces	1 space per 20 spaces or part thereof = 1 accessible car space required	1 accessible space is provided nominated as car space No. 7 located within basement	Yes

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

10. The extent to which the proposal complies with the requirements of Section 3.4 of Development Control Plan No 1 is outlined in the table below.

Section 3.4	Requirements	Proposed	Complies
Fencing	Allows natural surveillance to street	Fencing proposed is appropriate and provides appropriate surveillance around the site and to the street	Yes
Blind Corners	To be avoided	No blind corners evident with design and is considered to be appropriate for the child care centre use	Yes
Communal Areas	Provide opportunities for natural surveillance	Windows of front foyer and first floor provide natural surveillance to the street	Yes
Entrances	Clearly visible and not confusing	The entry to the child care centre is clearly defined and has good sight lines to Croydon Road and Gannons Avenue	Yes
Site and Building Layout	- Provide surveillance opportunities - Building addresses street - Offset windows	Surveillance opportunities provided, building addresses street and windows are appropriately offset	Yes
Lighting	- Diffused/movement sensitive lighting provided externally - Access/egress points illuminated - No light spill towards neighbours - Hiding places illuminated - Lighting is energy efficient	Can be provided	Yes
Landscaping	- Avoid dense medium height shrubs - Allow spacing for low growing dense vegetation - Low ground cover or high canopy trees around car parks and pathways	Landscape plan shows deep soil planting to boundaries of site to provide screen planting. Planting to external play areas consistent with requirements for child care centres primarily located along the rear western boundary.	Yes
Security	Provide an appropriate level of security	Sufficient level of security provided	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Landscaping, fencing and driveways imply connection and sense of ownership	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY

11. The requirements of this subsection have been adequately satisfied. The proposal results in compliant levels of solar access to adjoining residential properties.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

12. The proposed development can drain to the street and is consistent with the requirements of Section 3.7. The proposal is supported by Council’s Team Leader Development and Subdivision.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

13. The proposed development includes a 1.2m – 1.8m high part front fence along Croydon Road and 1.8m high side fence along Gannons Avenue. A 1.8m high wall encloses the smaller outdoor play area. The design of the fence along Croydon Road is setback from the front boundary with landscape and tree planting (which can grow to a mature attainable height of 6m) in between which softens the appearance of the wall. In this regard the proposed fencing is reasonable, appropriate and consistent with the provisions of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

14. The proposed development was assessed against the waste management requirements of Development Control Plan No 1 and complies. The Waste Management Plan submitted with the application is consistent with the objectives and requirements of Section 3.9.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.11 PRESERVATION OF TREES AND VEGETATION

15. Previously addressed within report under Hurstville Local Environmental Plan 2012 - Clause 5.9-5.9AA.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.12 BUILDING HEIGHT AND INDICATIVE STOREYS

16. The site is zoned R2 – Low Density Residential and the proposal adopts a two (2) storey built form which satisfies the indicative storey considerations within this subsection which refers to two (2) storeys in this zone. Furthermore, the proposal adopts appropriate; setbacks, visual cues and detailing similar to a dwelling. In this regard, the resultant built form is considered to be compatible to the zone and surrounding residential dwellings.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 5.4 CHILD CARE CENTRES

17. The proposed development complies with the requirements of section 5.4 as follows.

Locational Criteria	Requirements	Proposal	Complies
5.4.5.1 (Table) – General Preferences	Close to community focal points	Close to community focal points, golf course further to north east	Yes
	Site to be greater than 500sqm in area	579sqm (surveyed)	Yes
	Min. frontage of 18m where a combined entry and exit is provided	18.29m, excluding front south east splay at corner (20.08m maximum allotment width)	Yes
5.4.5.1 (Table) – Proximity to Undesirable or Hazardous Features	Site must be at least 300m away from telecommunications towers, large over-head power wires, any other inappropriate area	Appropriately located, no such infrastructure nearby	Yes
	Approval will not be given to sites which are less than 55m from an LPG above ground gas tank or tanker unloading position	Not located within 55m of the site	Yes
	Analysis of existing and/or potential site contamination	None evident, currently used as a dwelling house	Yes
	Approval will not be given to sites located within cul-de-sacs or closed roads	Croydon Road and Gannons Avenue form through streets and not cul-de-sacs	Yes
	Child Care Centres are not to be located on bushfire or flood prone land, or located adjoining drug clinics or other inappropriate land uses Proposals must be accompanied by a Traffic Impact Statement provided by a qualified consultant	Not bushfire, not identified as flood prone or adjacent to any inappropriate land uses Traffic study provided – supported by Senior Traffic Engineer subject to conditions of consent	Yes Yes
5.4.6 – Cumulative Impacts from Centres within Residential Areas	Child Care Centre not to be located on land adjoining any other Child Care Centre	Not near or adjacent to another Child Care Centre within locality. Closest child care centre is located 105m (approx.) to the south east on the opposite side of the road at 114 Croydon Road, Hurstville known as Grown Patch Early Learning Centre (Bayside City Council locality), hours of operation are 7am – 6pm Monday to Friday.	Yes
	Only 1 Child Care Centre to be located on each street block	The proposal would form the only child care centre on the street block	Yes

Child Care Centre	Requirements	Proposal	Complies
5.4.1 (a) - Minimum Site Area	500sqm	579sqm	Yes
5.4.1 (b)(i) - Minimum Street Frontage	18m where a combined entry and exit is required	18.29m (combined driveway) with access to Croydon Road	Yes
5.4.1 (c) - Location on State Road	Not permitted	Not located on State road. Site is located on a Regional Road	Yes
5.4.8 - Maximum number of children	40 within the R2 - Low Density Residential. Council will consider variation to the controls where the site is located adjacent to a retail/commercial area or other non-residential zone	32 children 0-2 = 12 children 2-3 = 10 children 3-6 = 10 children	Yes
5.4.8 - Age groupings	Minimum number of places within the 0-2 year age group is to be the same as the % of 0-2 year olds in the under 5 years population at most recent census (which is 35% from the 2011 census) = 12 required	Proposed = 12	Yes
5.4.9.1 - Height	1 storey for R2 zone	2 storey built form adopting setbacks similar to a two storey dwelling house	No (1) – refer to discussion below
5.4.9.6 - Colour scheme	No bright colours on building finishes	Subdued colour palette for external finishes which fits into streetscape comprising of white and grey	Yes
5.4.9.2 - Front setback Side setback Rear setback ground	5.5m to primary frontage 2m secondary frontage Ground floor: 0.9m for R2 3m	5.5m to Croydon Road 2m to Gannons Avenue 0.9m to northern side boundary 3.4m to southern side boundary 11m – ground floor and first floor setback	Yes Yes Yes Yes
5.4.9.3 - Relationships to adjoining properties	Play areas – indoor and outdoor Windows and doors (particularly those associated with indoor play areas) Verandahs Point of entry Pick-up and drop-off points Any plant equipment which may be required within the context of the centre Openings such as windows and doors should not correspond with existing opening on adjoining properties	Provided indoor and outdoor play areas directly connected to play areas Appropriate screening and treatment Verandahs provided off each playroom Central point of entry Appropriate location Provided Appropriately offset and treated with block glass windows	Yes Yes Yes Yes Yes Yes Yes
5.4.9.4 - Solar design	Minimum 3 hours sunlight between 9am-3pm for adjoining private open space, habitable rooms and solar collectors	Compliant with solar access requirements to adjoining properties. Majority of solar access falls on the subject site, Gannons Avenue and Croydon Road.	Yes
5.4.10.1 (a) - Staff parking Parent parking	1 space per 2 staff = 3.5 spaces (on-site staff parking spaces are to be clearly marked and sign posted) 1 staff per 0-2 children = 3 1 staff per 0-5 children = 2 1 space per 10 children = 1 Total = 7 staff required No drive through access, 1 space per 10 children to be used for a period of no more than 15 minutes by one vehicles = 3.2 spaces	4 staff spaces provided within basement 4 visitor spaces provided within basement – supported by Council’s Senior Traffic Engineer	Yes Yes
5.4.10.1 - Bike racks	Provision to be made for 4 racks	Provided on site within front setback, however can be conditioned to be located within basement level	Yes
5.4.10.1 – Access and Parking	A “Neighbourhood Parking Policy” and a “Motor Vehicle and Pedestrian Risk Assessment Report” must be submitted for Council’s consideration Physical demarcation is required to be provided between pedestrians and vehicular access ways to ensure pedestrian safety	The submitted traffic report was referred and reviewed by Council’s Senior Traffic Engineer, who raised no objection to the proposal Demarcation separated with driveway (via Croydon Road) and pedestrian entry (via Gannons Avenue)	Yes Yes
5.4.10.2 – Traffic Consideration	Impacts on traffic and safety Consideration on traffic impacts during peak hours 7.30 - 9am and 3.30 - 6pm	Traffic report submitted in support of proposal No unreasonable impact generated by use, supported by Council’s Senior Traffic Engineer	Yes Yes
5.4.10.3 (a) - Landscape strip	1m wide along front setback	Generally more than 1m wide along primary frontage	Yes
5.4.10.3 (c) - Disabled Access	Maximum Grade 1:14	Compliant with AS requirements	Yes
5.4.11.1 – Landscaping	Screen planting is to be provided along the side boundaries	Deep soil planting provided along perimeter of the site	Yes
5.4.11.3 – Drainage	Play areas must be capable of rapid clearance of surface water	Proposal drains to the street subject to conditions of consent	Yes
5.4.12.1 - Indoor space	Area for administration, private consulting room and respite of staff 3.5sqm unencumbered space per child (32 children proposed) = 112sqm Legislative standard 3.25sqm per child	Office, reception/ entry foyer and staff lounge provided Proposed: 112sqm	Yes Yes
5.4.12.2 (a) - Outdoor play space	7sqm per child required (32 children proposed) = 224sqm Verandah in outdoor play area shall have a min. 2m width A lawn space at least 15m long should be incorporated Outdoor play areas must be readily supervisable and designed to allow for a wide range of effective outdoor play activities Open area = 1/3 to 1/2 of the total playground area Quiet area = 1/4 to 1/3 of the total playground area Active area = 1/3 of the total playground area	224sqm (including covered verandah area) for rear outdoor play area 16sqm outdoor play area at front Total = 240sqm Compliant width dimensions of min 2m Lawn space more than 15m in length External play areas are appropriately landscaped. Deep soil planting provided on perimeter of site. In accordance with requirement As above As above	Yes Yes Yes Yes Yes Yes Yes
5.4.12.2 (i) - Shading	2.5sqm per child (162.5sqm) of outdoor play space to be shaded between 10am – 3pm	Appropriate shading provided for rear verandah	Yes
5.4.12.3 – Verandahs	1.25sqm per child 2.5m in width, however a width of 2m will be considered as a minimum	Appropriate verandah areas provided Verandah width greater than 2m	Yes
5.4.12.2 (j) – Sandpits	Sandpits should be: - min. depth of 600mm - adequately drained - totally shaded - appropriately covered - so that sand can be swept back into the pit - designed to remove all trip hazards	Sand pit area provided located at rear north western corner to external play areas which are subject to the relevant requirements	Yes
5.4.12.4 – Signage	Signage to complement the streetscape and not be intrusive	No signage proposed	Yes
5.4.12.5 – Entry and Security	Legible entry points/office to be located within the view of the main entry Playgrounds must be fenced/gated or opening device within a playground fence is to be fitted with a childproof latch or self-locking device	Office located adjoining entry Appropriate fencing is proposed	Yes Yes
5.4.13.1 (a) - Children’s toilets and hand basins	1 per 8 children and one adult toilet with step (20 children aged 2-6)	4 toilets (14.57sqm) located on ground floor	Yes
5.4.13.1 (a) - Staff toilets	1 per 6 staff = 1 toilet is also accessible = 2 toilets	1 provided (10sqm) accessible located on first floor	No (2) refer to discussion below
5.4.13.1 (a) - Disabled toilet	1 to be provided as above	1 provided on first floor	Yes
5.4.13.1 (d) - Staff shower	If greater than 30 children 1 shower required	Shower provided located on first floor within toilet	Yes
5.4.13.1 (e) - Bathroom size	Min. 12sqm with 2.5sqm for each additional toilet required above 3 toilets	14.57sqm located on ground floor	Yes
5.4.13.2 (a)-(c) - Staffroom	12sqm minimum + 2sqm per staff over 6 staff = 14sqm Outdoor staff facilities should be provided	18sqm No outdoor staff facilities as oversized staffroom provided	Yes No (3) refer to discussion below
5.4.13.2 (d)-(e) - Office	Required	Directors office located on first floor	Yes
5.4.13.3 - Cot Rooms	1 cot for every 2 children under 2 years = 6 required (12 children) Maximum 5 cots per room	Provided – 4 cots x 1 room, 2 cots x 1 room Maximum 4 cots in a room	Yes Yes
5.4.13.4 - Nappy Change Area	Separate change room	Separate change room provided	Yes
5.4.13.5 - Storage	8sqm for 1 playroom, and up to 16sqm where storage is shared between playrooms	Storerooms provided to each playroom of minimum 9.87sqm on ground floor	No (4) refer to discussion below
5.4.13.6 - Laundry	10sqm	10sqm located on first floor	Yes
5.4.13.7 - Garbage	Minimum 3m x 1m	Provided along front boundary within enclosure	Yes
5.4.13.8 - Craft	1 sink separate from food preparation area	2 craft areas with sinks provided	Yes
5.4.13.9 - Food preparation facilities	Separate designated area from nappy change facilities	Separately located	Yes
5.4.14.1 – Visual Privacy	Provide screenings by trees, fencing and window coverings to minimise noise and overlooking impacts Locate any playground equipment at least 3m from any boundary with a residential property	Appropriate screen planting provided to perimeter of site, play areas located away from adjoining residential developments	Yes
5.4.14.2 – Acoustic Amenity	Acoustic assessment report by a suitably qualified acoustic consultant must be submitted	An acoustic report prepared by a suitably qualified acoustic consultant accompanies development application. Supported by Council’s Environmental Health Officer subject to conditions of consent.	Yes
5.4.14.3 - Fencing	At least 1200mm high	Proposed fencing is appropriate as previously discussed within report up to 1800mm. Acoustic fencing proposed and detailed on architectural plans.	Yes
5.4.13.13 – Hours of operation	New Child Care Centres with >18m frontage and vehicular access points: 7.00am – 6.30pm	Hours of operation proposed: 7.00am – 6.00pm Monday to Friday. Closed on Saturday and Sunday	Yes

Stormwater Assessment
Existing Stormwater System	Unknown
Proposed Stormwater System	Gravity to street Pump out system from basement
Stormwater objectives for development type met?	Consistent
Slope to rear (measured centreline of site)	No
Gravity to street (from property boundary to street kerb)?	Yes
Discharge into same catchment?	Yes
Easement required?	No
OSD Required?	Yes

(1) Height - Number of storeys

19. Council’s controls prescribe a maximum of one (1) storey for child care centres in R2 zone. In this instance, the proposal seeks a departure from this control seeking a two (2) storey child care centre. The applicant has provided the following justification to the variation to in support of the proposal;

“The land is located in a mainly residential area characterized by a mixture of single and double storey dwelling houses of various architectural styles and designs. Dwellings 115, 126 and 133 on Croydon Road and 2, 3, 10, 12 and 13 on Gannons Avenue are 2-storey dwellings within close vicinity of the subject site”.

The applicant provided a character analysis of two (2) storey dwelling properties within the immediate vicinity in support of the proposed two (2) storey built form.

In addition to the above, the proposed variation is considered to be reasonable for the following reasons:

· The proposal adopts a built form similar to that of a two (2) storey dwelling within the locality. The design of the proposal in terms of size, height, roof pitch and articulation is considered to be appropriate in presenting to the public domain and is compatible with the streetscape.

· Compliant levels of solar access are achieved to neighbouring properties. The shadow falls onto the rear (west) of site in the morning, then moves to the south to Gannons Road and to the front of the site (east) in the afternoon.

· The first floor component adopts similar setbacks to a dwelling house proposing setback of 900mm to the northern side boundary matching the proposed ground floor setback below. The proposal seeks a secondary frontage side setback to Gannons Road at 3.4m. Furthermore the proposal seeks a maximum building height of 7.48m which is similar to a dwelling house. Overall this results in appropriate sitting of the building on site.

· The first floor rooms consist of meeting area, directors office, staff room, staff toilet, laundry and kitchen. Playroom areas are located on the ground floor only. The windows along the northern side elevation comprise of block windows and are frosted therefore no material privacy impact arises. Windows fronting the rear western elevation are located 11m from the rear boundary and therefore the proposal is unlikely to result in any material privacy impacts.

For the reasons above, the extent of the variation is considered to be reasonable.

(2) Staff toilets

20. Clause 5.4.9.1 prescribes a rate of one (1) per six (6) staff requires one (1) toilet. The proposal seeks seven (7) staff. This in turn requires two (2) toilets. The proposal seeks to provide one (1) toilet which is considered to be satisfactory to provide adequate functionality to cater for the use given that it only one (1) additional staff member. It also is noted that Council’s new Development Control Plan – Amendment 5 effective 13 July 2016 does not prescribe staff toilet requirements as it relies on regulated industry requirements. This application was lodged prior to this date and new controls taking affect. Given the above, the proposed toilet provided is considered to be adequate in providing sufficient reasonable amenity for this purpose.

(3) Staffroom - Outdoor staff facilities

21. Council’s controls encourage that outdoor staff facilities be provided. The proposal does not seek to provide outdoor staff facilities however provides an oversized staffroom area of 18sqm (14sqm minimum required) which is considered to be adequate for this purpose. Similar to the above, Council’s new Development Control Plan does not prescribe outdoor staff facilities, therefore the extent of the variation is considered to be acceptable.

(4) Storage

22. Council’s controls prescribe a storage area of 8sqm per playroom. One (1) large playroom is proposed. For the purposes of assessment this is considered to form three (3) playrooms to accommodate each playgroup. A total of 24sqm would be required for all three (3) playrooms. The proposal seeks to provide storage area for three (3) playrooms. A total storage area of 17sqm is provided on the ground floor. Similar to the above, Council’s new Development Control Plan does not prescribe storage, therefore the extent of the variation is considered to be acceptable.

4. Impacts

Natural Environment

23. The proposal is unlikely to result in any unreasonable impacts to the natural environment given the nature of the proposal. Adequate tree replacement planting is proposed.

Built Environment

24. The proposal is unlikely to have an adverse impact on the built environment and is supported subject to conditions of consent.

Social Impact

25. It is considered that the proposed child care centre will provide a service that is in demand in the locality and benefit the community. The applicant has submitted traffic and acoustic reports which support the proposal subject to specific recommendations being adopted in the development. The issues raised within the submission to the application are detailed in the report.

Economic Impact

26. The proposal will provide employment opportunities within the area which will in turn encourage economic growth. The proposed child care centre will provide an in-demand facility to the area and as such the proposal is unlikely to have a detrimental impact on the local economy.

Suitability of the Site

27. The subject site has no impediments that preclude it being developed for a child care centre. The proposed development is considered suitable for the subject site for the reasons contained within the report. A Section 94A Contribution applies to the site.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

28. The application was notified/advertised to fourteen (14) adjoining owners/occupiers. In response, four (4) submissions and two (2) petitions with forty one (41) signatures were received. The amended plans were not renotified as this did not generate a greater material impact that the original proposal. The issues raised in the submissions are summarised and discussed as follows.

Increased car parking and traffic impacts, driveway width, road safety to surrounding road network

29. Comment: The proposal has provided compliant car parking on site in accordance with Council’s controls. Eight (8) spaces are provided within the basement, drop off parking is located within the basement. A Car Parking and Traffic Impact report prepared by ML Traffic Engineers was considered as part of the assessment process. No car parking and traffic issues were raised by Council’s Senior Traffic Engineer subject to conditions of consent subject to additional conditions relating to the provision crash barriers and directional signage are conditioned to improve safety and minimise disruption to traffic. A condition has been imposed to ensure widen the driveway to allow the entering and exiting of vehicles at the same time to Croydon Road.

In this regard, given the nature of the proposed use, the impact is not considered to be excessive or unreasonable.

Noise impacts generated by use and children

30. Comment: The proposal will rotate playtimes to minimise and reduce impacts to adjoining neighbouring properties during the day. As stated within the Plan of Management for instance, children are to remain indoors between the hours of 7.00am open – 8.30am and from 5.30pm – 6.00pm close which minimises noise impacts in the morning and late afternoon. An acoustic report and acoustic screening has been proposed to minimise impacts to properties which is supported by Council’s Environmental Health Officer. The proposal is not considered to result in any unreasonable noise impacts given the use and hours of operation sought between 7.00am – 6.00pm Monday to Friday. The hours of operation sought comply with Council’s controls and are similar to that of child care centres within the locality. In this regard, given the proposed use, the impact is not considered to be excessive or unreasonable.

Privacy

31. Comment: The proposal is not considered to result in any adverse material impacts given that the first floor comprises of administration and ancillary rooms only. Windows along this northern first floor elevation form block windows which addresses privacy impacts. The ground floor forms the indoor play area.

Waste

32. Comment: The amended proposal incorporates an enclosed waste storage area along Croydon Road. This also contains taps for cleaning and washing purposes.

Council Referrals

Team Leader Subdivision and Development

33. Council’s Team Leader Development and Subdivision supports the proposal subject to conditions of consent. Additional conditions have been imposed as follows;

· Provision of on-site detention.

· Relocation of the pit to accommodate the driveway.

Senior Environmental Health and Building Surveyor

34. Council’s Senior Environmental Health and Building Surveyor supports the proposal subject to conditions of consent.

Environmental Health Officer

35. Council’s Environmental Health Officer supports the proposal subject to conditions of consent.

Senior Traffic Engineer

36. Council’s Senior Traffic Engineer has assessed the proposal. The proposal complies in terms of parking, grades and basement parking circulation. The proposal is supported subject to additional conditions of consent as follows;

· Crash barriers to be installed along play areas that front Gannons Avenue and Croydon Road.

· Signage of ‘No Right Turn’ to be posted from exiting the driveway of the site to Croydon Road.

Public Interest

37. The proposal is considered to be in the public interest, resulting in an appropriate use of the site which reasonably satisfies the underlying objectives of the controls without unreasonable significant material impact. The proposed use is considered to provide additional child care spaces within the locality.

6. CONCLUSION

38. The application is considered to be worthy of approval for the reasons contained within this report. The proposal forms a child care centre which is considered to be commensurate of that other child care centres approved within the locality. Whilst variations to the Development Control Plan are sought, they are not considered to be unreasonable and are supported on planning merit. Therefore the proposal is considered worthy of approval.

DETERMINATION

39. THAT pursuant to Section 80(2) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2016/0106 for demolition of existing structures and construction of new two storey child care centre with basement parking for thirty two (32) children on Lot 2 in DP18208 and known as 123 Croydon Road, Hurstville, subject to the following:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

1. GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

Reference No.	Date	Description	Revision	Prepared by
A.002	17 January 2017	Floor Plans and concept stormwater plans	A	FS Architects Pty Ltd
A.003	17 January 2017	Elevations and Section	A	FS Architects Pty Ltd
A.007	17 January 2017	Kitchen Details	A	FS Architects Pty Ltd
LA-01	Dec 2016	Landscape Plan	A	Susan Straton
A.006	Apr 2016	Finishes	-	FS Architects Pty Ltd
-	-	Waste Management Plan	-	FS Architects Pty Ltd
20160328.1	12/04/2016	Acoustic Report	1	Acoustic Logic
-	Received 28 Nov 16	Plan of Management	-	-

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

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

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

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

(a) Fees to be paid:

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee	$2,468.75
Construction Certificate Application Fee	$2,468.75
Construction Certificate Imaging Fee	$236.00

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

3. GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

4. GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,900.00.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $145.00.

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

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

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

5. GEN1023 - Section 94A Contributions- As at the date of Development Consent a contribution of $14,700.00 has been levied on the subject development pursuant to Section 94A Contributions Plan. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

The contribution must be paid prior to the release of a Construction Certificate as specified in the development consent

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

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

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

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

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

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

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

The relevant Application Forms for these activities can be downloaded from Georges River Council’s website at: www.georgesriver.nsw.gov.au

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

7. APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a) Construct a 150mm thick concrete vehicular crossing reinforced with F62 fabric in accordance with Council’s Specifications for vehicular crossings.

(b) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work shall be carried out by a private contractor, subject to Council approval.

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate.

To apply for approval:

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website at www.georgesriver.nsw.gov.au.

(b) In the Application Form, quote the Development Consent No. (eg. DA2016/0106) and reference this condition number (e.g. Condition 23).

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

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

8. APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, 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.

9. APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park 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. In this regard the following matters are noted for your attention and details must be submitted accordingly:

(a) Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b) The applicant must indemnify 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 ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

(d) The applicant must register a non-terminating bank guarantee in favour of Council in accordance with Council’s fees and charges.

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) 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 must be borne by the applicant.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

10. GOV1005 - Sydney Water - Tap in - The approved plans must be submitted to a Sydney Water Tap in online service to determine whether the development will affect any Sydney Water sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Sydney Water’s Tap in online service is available at https://www.sydneywater.com.au/SW/plumbing-building-developing/building/sydney-water-tap-in/index.htm. The appointed PCA must ensure that a Sydney Water approval has been provided prior to the issue of the Construction Certificate.

11. GOV1008 - Sydney Water - Section 73 Certificate - 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 Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

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 Coordinator, 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.

12. GOV1007 - Sydney Water - Quick Check - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, storm water drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to Sydney Water’s website: www.sydneywater.com.au

13. GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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

14. CC3012 - Development Engineering - 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 (2) 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 (1) hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one (1) 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.

Engineering details demonstrating compliance and certification from an appropriately qualified and practising civil engineer shall be provided with the application for the Construction Certificate.

15. CC4019 - Health - Food Premises - Plans and Specifications - Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer. The plans and specifications must demonstrate compliance with the:

· Food Act 2003 (as amended);

· Food Regulation 2010 (as amended);

· Food Standards Code as published by Food Standards Australia;

· New Zealand and Australian Standard AS4674:2004 Design, Construction and fit out of food premises (as amended);

· Sydney Water - Trade Waste Section.

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

16. CC7007 - Building - Engineer’s Certificate - A certificate from a practicing qualified Structural Engineer 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.

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

18. CC8007 - Waste - Waste Storage Containers - Child Care Centre - All waste and recycling containers shall be stored in an approved waste storage area, located in an area of the site that is satisfactory for these purposes. Facilities are to be provided in accordance with any requirements of the NSW Department of Community Services.

Details of the Waste Storage Area must be illustrated on the plans submitted with the application for the Construction Certificate.

19. CC2003 - Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

· location of protective site fencing;

· location of site storage areas/sheds/equipment;

· location of building materials for construction, e.g. stockpiles

· provisions for public safety;

· dust control measures;

· method used to provide site access location and materials used;

· details of methods of disposal of demolition materials;

· method used to provide protective measures for tree preservation;

· provisions for temporary sanitary facilities;

· location and size of waste containers/skip bins;

· details of proposed sediment and erosion control measures;

· method used to provide construction noise and vibration management;

· construction traffic management details.

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation. The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity. A copy of the Site Management Plan must be retained on site and is to be made available upon request.

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

(a) The submitted concept hydraulic plan shall be amended to:

(i) Include an On-site Stormwater Detention system.

(ii) Modifications to the existing Council pit within Croydon Road property frontage to drive over and a new kerb inlet pit shall be introduced upstream to the proposed driveway. A new 375mm diameter reinforced concrete pipe shall be provided to extend the pipe line from the existing pit to the new kerb inlet pit. Proposed driveway is to be realigned.

Detailed design of the new works including the proposed stormwater discharge pipe connection to the Council pit shall be submitted to the approval of the Council’s infrastructure unit, prior to the issue of the Construction Certificate.

These design changes are to be incorporated into the Detailed Hydraulic Plans submitted for approval with the Construction Certificate Application.

(b) (i) Crash barriers to be installed along play areas that front Gannons Avenue and Croydon Road.

(ii) Signage of no right turn to be posted from exiting the driveway of the site to Croydon Road.

These design changes are to be incorporated into the Plans submitted for approval with the Construction Certificate Application.

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

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

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

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

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

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

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

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

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

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

23. CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the following trees:

(a) Four (4) trees located within the rear yard.

One (1) tree selected from the list of suitable species in the Georges River Council’s Tree Removal and Pruning Guidelines must be replanted within the rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

The selected trees shall have a minimum pot size of 50L. A copy of Georges River Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

24. CC3001 - Development Engineering - Stormwater System

Reference No.	Date	Description	Revision	Prepared by
A.002	Apr 2016	Plans sheet 2	A	-

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

(a) All stormwater shall drain by gravity to the upper level of Council’s kerb inlet pit located within the property frontage of the subject site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

(b) All stormwater drainage from the basement car park shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed sump and pump system.

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

(c) Details of the proposed works affecting the Council’s stormwater drainage infrastructure shall be submitted to Council’s infrastructure unit approval, prior to the issue of the Construction Certificate. This shall include the hydraulic grade line analysis for the proposed new 375mm diameter pipe.

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

25. CC6003 - Engineering - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times.

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans. Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5Mpa lean concrete mix.

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

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(d) access arrangements; and

(e) proposed traffic measures to minimise impacts of construction vehicles, and

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

27. CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a) piers

(b) footings

(d) columns

(e) structural steel

(f) reinforced building elements

(g) retaining walls

(h) stabilizing works

(i) structural framework

28. CC7010 - Building - Geotechnical Reports - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

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

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

(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.

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

Reference No.	Date	Description	Revision	Prepared by
A.002	Apr 2016	Ground floor plan and stormwater concept plan	A	-

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

Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

30. CC3005 - Development Engineering - On Site Detention

Reference No.	Date	Description	Revision	Prepared by
A.002	Apr 2016	Ground Floor Plan and Stormwater Concept plan	A	-

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

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

(a) Peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden, at Annual Recurrence Intervals of 2 years and 100 years.

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

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

"This is an on-site detention basin/tank and is subject to possible surface overflow during heavy storms."

Full details shall accompany the application for the Construction Certificate.

31. CC3015 - Development Engineering - Engineering Plans (General) - Four (4) copies of detailed engineering plans are to be provided to Council with the Construction Certificate application. The detailed plans may include, but not be limited to, details of the earthworks, road works, road pavements, retaining wall details, stormwater drainage, landscaping and erosion control works.

32. CC2009 - Development Assessment - Pre-Construction Dilapidation Report - Private Land - A qualified structural engineer shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to all adjoining properties:

The report shall be prepared at the expense of the beneficiary of the consent 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 five (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 Principal Certifying Authority.

33. CC3013 - Development Engineering - Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising Hydraulics Engineer shall be submitted with the application for the Construction Certificate.

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's requirements.

34. CC6004 - Engineering - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

35. CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager - Environmental Services, Georges River Council prior to the issue of any Construction Certificate.

36. CC7002 - Building - Fire Safety Measures prior to Construction Certificate - Prior to the issue of a Construction Certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

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

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

37. PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Georges River Council in conjunction with this consent must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

38. PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority 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 and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

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

39. PREC2008 - Development Assessment - 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 Georges River Council advising of the demolition date, details of the WorkCover 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.

40. PREC2009 - Development Assessment - 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.

41. PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate. The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

42. PREC6002 - Engineering - Dilapidation Report on Public Land - Major Development Only - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared on Council infrastructure adjoining the development site, including:

The Dilapidation Report must be prepared by a qualified structural engineer. The report must be provided to the Principal Certifying Authority and a copy provided to the Council.

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,

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

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

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

The reports are to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

Council will use this report to determine whether or not to refund the damage deposit after the completion of works.

43. PREC7001 - Building - Registered Surveyor’s Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Set out before commencing excavation.

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

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

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

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

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

(g) Other.

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

44. PREC7002 - Building - 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 developer’s expense.

45. PREC7004 - Building - Structural Engineers Details - Supporting Council road/footway - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting Council’s roadways/footways must be submitted to the satisfaction of Council’s Building Control Department.

DURING WORK

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

46. CON2001 - Development Assessment - Hours of construction, demolition and building related 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 shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

47. CON2002 - Development Assessment - 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 separately by Council.

48. CON3001 - Development Engineering - Physical connection of stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's kerb inlet pit in within the property frontage (Gannons Avenue or Croydon Road). Stormwater drainage connection to Council’s infrastructure shall be carried out to the satisfaction of the Council’s infrastructure engineers.

49. CON6001 - Engineering - 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.

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

51. CON7001 - Building - Structural Engineer’s Certification during construction - The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of construction or prior issue of the Occupation Certificate.

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

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

This covenant is to be worded as follows:

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

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

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

53. OCC4013 - Health - Food Premises - Inspection and Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:

(a) An inspection of the fit out of the Food Premises must be arranged with Council's Environmental Health Officer;

(b) a satisfactory final inspection must have been undertaken by Council's Environmental Health Officer; and

54. OCC6006 - Engineering - Wheel Stops - Wheel stops must be installed in accordance with Section 2.4.5.4 of the Australian Standards AS/NZS 2890.1 - Parking Facilities - Part 1 Off-Street Car Parking. Wheel stops shall be painted with reflective white paint to ensure night time visibility.

55. OCC7001 - Building - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 (the Regulation), on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the Regulation. The Fire Safety Certificate must be in the form required by Clause 174 of the Regulation. In addition, each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate must state:

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

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

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

56. OCC6002 - Engineering - Vehicular crossing & Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

(a) Construct a 150mm thick concrete vehicular crossing reinforced with F62 fabric in accordance with Council’s Specifications for vehicular crossings.

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

57. OCC7002 - Building - Slip Resistance - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms in any commercial/retail/residential units are to comply with the slip resistant requirements of AS1428.1 (general requirements for access/new building work) and AS1428.4 (tactile ground surface indicators) and AS2890.6 (off-street parking). Materials must comply with testing requirements of AS/NZS4663:2002.

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

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

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

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

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

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

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

(f) Evidence that a positive covenant pursuant to Section 88E of the Conveyancing Act 1919 has been created on the title of the subject property, providing for the indemnification of Council from any claims or actions and for the on-going maintenance of the on-site-detention system and/ (including any pumps and sumps incorporated in the development).

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

ONGOING CONDITIONS

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

60. ONG2001 - Development Assessment - Child Care Centre - Staff to Child Ratios - The licensee of a centre based or mobile children’s service must ensure that the ratio of primary contact staff to children being provided with the service is:

(a) 1:4 in respect of all children who are under the age of 2 years, and,

(b) 1:8 in respect of all children who are 2 or more years of age but under 3 years of age, and

If a centre based or mobile children’s service is being provided to a group of children who are not all in the same age bracket, the licensee of the service must ensure that the ratio of primary contact staff to children in the group is the ratio specified in subclause (a)-(c) for the age bracket in which the youngest child in the group belongs.

61. ONG2002 - Development Assessment - Hours of operation and Number of Children - The approved hours of operation shall be restricted to the following: 7.00am 6.00pm Monday to Friday. Closed Saturday and Sunday. A maximum of thirty two (32) children are permitted in relation to the child care use.

62. ONG2009 - Development Assessment – Use of Child Care Centre - The first floor must not be used for child care playroom purposes. Use of the premises must be in accordance with the approved Plan of Management received 28 November 2016.

63. ONG4011 - Health - 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).

64. ONG4015 - Health - Outdoor Lighting - Commercial/Industrial Premises - Outdoor lighting must comply with AS 4282-1997 - Control of the obtrusive effects of outdoor lighting. The maximum luminous intensity from each luminare must not exceed the Level 1 control relevant under Table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with Table 2.1 of AS 4282.

65. ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

66. ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

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

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

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

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

67. ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

(a) Permit stormwater to be temporarily detained by the system;

(b) Keep the system clean and free of silt rubbish and debris;

(c) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

(d) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

(e) Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

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

(g) Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

(h) Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

(i) Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

ADVICE

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

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

69. ADV7004 - Building - Council as PCA - Compliance with the BCA - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

· Mechanical air handling, ventilation and car park exhaust system.

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

· Smoke hazard management system and associated alarm system, stair pressurisation and fire modelling etc.

· Emergency lights, exit signs and warning systems.

· Energy efficiency report demonstrating compliance with the BCA.

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

· Fire Separation and Construction between Occupancies

· Sound Transmission and Insulation between Occupancies

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

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

70. ADV7005 - Building - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority. (Note: Energy efficiency provisions relate only to new building work or the installation of new measure. Existing building fabric and measures may not be upgraded.)

Schedule B – Prescribed Conditions

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

71. PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

72. PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

73. PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

74. PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council. The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

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

Schedule C – Operational & Statutory Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Notice of Commencement Form is attached for your convenience.

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

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

Where Georges River Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

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

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

An Occupation Certificate Application Form is attached for your convenience.

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

ATTACHMENTS

Attachment View1	Site /Floor Plan /Concept Stormwater Plans - 123 Croydon Road Hurstville
Attachment View2	Elevations and Section - 123 Croydon Road Hurstville
Attachment View3	Colour Scheme and Finishes - 123 Croydon Road Hurstville
Attachment View4	Plan of Management - 123 Croydon Road Hurstville
Attachment View5	Traffic Impact Report - 123 Croydon Road Hurstville
Attachment View6	Noise Assessment Report - 123 Croydon Road Hurstville
Attachment View7	Landscape Plan - 123 Croydon Road Hurstville

Georges River Council – Independent Hearing and Assessment Panel Thursday, 23 March 2017

Page 133

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 23 March 2017

IHAP Report No	3.2	Application No	2016/0003
Site Address & Ward Locality	55A Vista Street, Sans Souci Kogarah Bay Ward
Proposal	Alterations and additions to dwelling, including additional floor and new roof and enclosure of carport and adjoining structures
Report Author/s	Senior Planner, Gregory Hansell
Owners	Mr B N Berrigan
Applicant	Project Planning and Design
Zoning	E4 Environmental Living
Date Of Lodgement	12/01/2016
Submissions	Two (2) submissions following the second round of public notification
Cost of Works	$370,810.00
Reason for Referral to IHAP	Submissions of objection have been received and remain unresolved and the proposal exceeds the current FSR and height controls.

Recommendation

That council as the consent authority and pursuant to Section 80(1)(a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application No. 3/2016 for alterations and additions to the existing dwelling house including an additional floor level and enclosure of the existing carport at property No. 55A Vista Street, Sans Souci subject to the conditions included in this report and including the following requirements:

§ Deletion of the ‘sun decks’ located on the uppermost floor level and their replacement with non-trafficable roof area.

§ Deletion of the fascia board parapets surrounding the roof over the uppermost floor level.

§ Imposition of maximum reduced levels for the roof over the carport and the roof over the uppermost floor level.

Site Plan

Executive Summary

Proposal

1. Council is in receipt of an application for alterations and additions to the existing dwelling house including an additional floor level and enclosure of the existing carport on the subject site.

Site and Locality

2. The subject site is a hatchet shaped lot located off the western side of Vista Street between Endeavour Street and Wellington Street and has frontage to reclaimed crown land adjoining Kogarah Bay. The site is occupied by a two (2) storey dwelling house, together with an attached carport and boatshed. Immediately to the north, south and east of the subject site are detached dwelling houses.

Kogarah Local Environmental Plan 2012 (KLEP 2012) Compliance

3. The site is zoned E4 Environmental Living under KLEP 2012 wherein the proposal is a permissible form of development with council’s consent. The proposal satisfies all relevant clauses contained within KLEP 2012.

Kogarah Development Control Plan 2013 (KDCP 2013) Compliance

4. The proposal involves variations to several controls in KDCP 2013 including most notably the building density and height controls and visual privacy controls relating to balconies and terraces. The bulk and scale of the proposal is acceptable subject to minor design changes to the roof over the uppermost floor level, as recommended in this report. The extent of the balconies/terraces on the uppermost floor level is unacceptable and should be substantially reduced, as recommended in this report.

Submissions

5. Submissions of objection were received from five (5) adjoining/nearby properties in response to the public notification of the original plans submitted with the application. Following the submission of amended plans and their subsequent public notification, two (2) submissions of objection was received from the adjoining property located directly to the east of the site. Several issues are raised in these submissions including most notably issues relating to view loss and view sharing, visual privacy and bulk impacts and non-compliances with height and other controls.

Conclusion

6. Having regard to the heads of consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal, Development Application No. 3/2016 should be approved subject to conditions including the design changes as recommended in this report.

Report In Full

Proposal

1. Council is in receipt of an application for alterations and additions to the existing dwelling house including an additional floor level and enclosure of the existing carport.

2. The dwelling house will be partly three (3) levels as a result of the additional floor level. The existing lower ground floor level of the dwelling accommodates bedroom and living area accommodation and a boatshed and will remain unchanged. The existing upper ground floor level of the dwelling accommodates the main living areas and will be modified by way of minor internal alterations to include stairway access from this floor level to the proposed additional floor level above. The balustrades enclosing the existing balcony at this level and the existing sundeck over the boatshed are to be removed and replaced with new laminated glass balustrades.

3. The additional floor level comprises a new main bedroom and associated amenities. This floor level occupies a reduced footprint and is well setback from the southern and northern perimeters of the dwelling and eastern boundary of the site. This floor level includes a covered balcony and open sundecks that extend to the southern, northern and western perimeters of the dwelling.

4. The existing carport is to be renovated such that it becomes fully enclosed. This is to be achieved by the removal of the existing sheet metal and timber pergola roofing and its replacement with a new metal sheet roof including skylights; construction of a new support wall adjacent to the southern side boundary; and installation of a new security shutter at the entry to the carport.

5. The dwelling, as extended and altered, features cement rendered and painted masonry and light weight clad external walls and shallow pitched sheet metal roofing obscured from view at its perimeters by fascia boards.

Site and Locality

6. The subject site is located off the western side of Vista Street between Endeavour Street and Wellington Street and has frontage to reclaimed crown land (subject of a lease to the owner of the site) adjoining Kogarah Bay.

7. The allotment comprising the site is hatchet shaped by reason of a 3.6m wide access corridor that extends from Vista Street to the main body of the lot. It has an overall area of 543.8m² and a width of approximately 19.1m and depth ranging from 21.5m to 28.2m throughout its main body. The access corridor forms the driveway access to and from the site.

8. The site is occupied by a two (2) storey dwelling house comprising of face brick external walls and a shallow pitched, skillion form sheet metal roof. Between the dwelling and eastern boundary of the site is a carport with a sheet metal and timber pergola roof. Between the dwelling and western boundary of the site is a boatshed with a roof terrace. The reclaimed land located westwards and beyond the rear boundary of the site includes an in-ground swimming pool surrounded by turf and palm trees. At the western edge of the reclaimed land is a sea wall and beyond this wall is a sandy beach and a jetty, ramp and pontoon structure.

9. The main body of the lot falls away towards Kogarah Bay over an elevation of up to 3.5m by way of a steep embankment that separates upper and lower terraced levels. The existing dwelling is located predominantly downslope of this embankment on the more level portion of the site. The existing carport is located upslope of this embankment.

10. Immediately to the north, south and east of the subject site are detached dwelling houses. The wider locality is predominantly low density residential in character. The site enjoys expansive views over the waterways of Kogarah Bay towards the foreshores of the Blakehurst and Carss Park localities opposite.

Background

11. A history of the proposal is provided as follows:

§ The application was submitted on 12 January 2016.

§ The application was placed on exhibition, with the last date for public submissions being 10 February 2016. Submissions were received from five (5) adjoining/nearby properties.

§ The applicant was requested by letter dated 15 March 2016 to address issues related to bulk and scale, height and number of storeys, view sharing, visual and aural privacy and overshadowing.

§ The applicant by letter dated 2 April 2016 sought an extension of time to 1 June 2016 in which to respond to council’s issues. The applicant was advised by email dated 18 April 2016 that the request was acceptable.

§ The applicant by letter dated 18 May 2016 sought an extension of time to 30 June 2016 in which to respond to council’s issues. The applicant was advised by email dated 26 May 2016 that the request was acceptable.

§ Revised plans and further information addressing council’s issues were received on 28 June 2016.

§ The applicant was requested by email dated 30 June 2016 to amend the revised plans such that they more clearly and accurately reflected what was now being proposed and updated plans were subsequently received on 19 July 2016.

§ The revised plans were placed on exhibition, with the last date for public submissions being 11 August 2016. Submissions were received from the adjoining property directly to the east of the site.

§ The applicant was requested by email dated 7 October 2016 to provide a registered surveyor’s certification of the reduced level and setbacks of ‘height poles’ (erected on the roof of the existing house for the purpose of assisting in the assessment of view impacts) and this information was subsequently received on 17 November 2016.

Section 79C Assessment

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

(a)(i) The provisions of any environmental planning instrument

Kogarah Local Environmental Plan 2012 (KLEP 2012)

Clause 2.1 – Land Use Zones

13. The subject site is zoned E4 Environmental Living and the proposal is a permissible form of development with Council’s consent. The proposed development satisfies the objectives of the zone in that it is low impact and results in no adverse effects on the ecological, scientific or aesthetic values of the locality.

Clause 5.9 – Preservation of Trees or Vegetation

14. The proposed development does not involve the removal of any tree or vegetation subject to the provisions of this clause.

Clause 5.10 – Heritage Conservation

15. The subject site is not listed as a heritage item in Schedule 5 or located within a designated heritage conservation area, nor are there any heritage items located nearby.

Clause 6.1 – Acid Sulfate Soils

16. The subject site is identified as class 5 on the Acid Sulfate Soil Map. However, the works proposed to be carried out involve the disturbance of less than 1 tonne of soil and are not likely to lower the water table.

Clause 6.2 – Earthworks

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

Clause 6.3 – Flood Planning

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

Clause 6.4 – Limited Development on Foreshore Area

19. The subject site is affected by a 45m foreshore building line (FBL) and therefore the provisions of this clause are applicable. The proposed additional floor level is located centrally within the footprint of the existing dwelling, well outside of the defined foreshore area. Only a relatively minor portion of the existing boatshed is located within the defined foreshore area.

20. The only building works proposed within the foreshore area comprise the removal of the existing balustrades enclosing the sundeck over the boatshed and their replacement with new laminated glass balustrades. These building works satisfy the zone objectives and relevant matters for consideration prescribed under this clause, particularly given their minimal extent and scale. The proposed glazed balustrades will be an improvement upon the existing metal slat balustrades in that they will be less visually intrusive and more contemporary aesthetically. The significance and amenity of the foreshore area of the subject site will not be unreasonably impacted, consistent with the clause objectives.

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

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

Deemed State Environmental Planning Policy – Georges River Catchment

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

(a)(ii) The provisions of any exhibited draft environmental planning instrument

23. A Planning Proposal for the New City Plan (NCP) to amend Kogarah LEP 2012 was on exhibition from Monday 30 March 2015 until Friday 29 May 2015. The NCP includes changes to zonings and the introduction of development standards in parts of the city to deliver a range of new housing options. Specifically, the NCP proposes to rezone the subject site to an R2 Low Density Residential zone. The proposal being for the purpose of a dwelling house will remain permissible with consent under this proposed zone.

24. The proposal does not comply with the prescribed building density standard in the NCP. The building density standard under the NCP simply replicates the current 0.55:1 floor space ratio limit for the site. The proposal just complies with the building height standard in the NCP which is set at 9m for the subject site. Notwithstanding the departure from the building density standard, the bulk and scale of the proposal is acceptable on merit having regard to the objectives and particular circumstances of the case. This matter is discussed in more detail later in this report.

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

(a)(iii) The provisions of any development control plan

Kogarah Development Control Plan 2013

26. The proposed development is subject to the provisions of Kogarah Development Control Plan 2013 (KDCP 2013). The following table outlines the proposal’s compliance with the primary controls contained within KDCP 2013.

Control	Required	Proposed	Complies?
Floor Space Ratio/ Gross Floor Area	0.55:1 or 299.1m² (max)	0.66:1 or 358.1m²	No – see below
Building Height - Upper Ceiling - Roof Parapet - Roof Ridge	7.2m (max) 7.8m (max) 9m (max)	8.2m (max) 8.85m (max) 8.6m (max)	No – see below No – see below Yes
Number of Residential Levels	3 (max)	3	Yes
Setbacks - Side (North) - Side (South) - Side (West)	1.2m (min) 1.2m (min) 1.2m (min)	1.3m (as existing) Nil + (as existing) Nil + (as existing)	Yes No – see below No – see below
Deep Soil Landscape Area	15% (81.6m²)	15.3% (83.2m²)	Yes
Balconies/Terraces - Total Area - Width - Setback	40m² (max) 2.5m (max) 3m (min)	155m² 2m-4m 1.1m-1.3m	No – see below No – see below No – see below
Car Parking	2 spaces (min)	2 spaces	Yes

27. The following comments are made with respect to the proposal satisfying the objectives and controls contained within KDCP 2013.

Floor Space Ratio

28. Based on council’s interpretation of ‘gross floor area’ as defined in KLEP 2012, the proposal exceeds the maximum 0.55:1 floor space ratio control by 59m² (or 19.7% proportionally). Notwithstanding, a variation to this control is reasonable having regard to the underlying objectives and particular circumstances of the case.

29. The lot comprising the subject site has an area of 543.8m² based on information contained in the relevant deposited plan. However, the site is perceived to be much larger in area by virtue of reclaimed crown land along the waterfront immediately adjoining the site. This reclaimed crown land is 243.3m² in area and occupied by an in-ground swimming pool and turf, gardens and palm trees. This reclaimed land is leased to the owner of the subject site and subject to council rates. This reclaimed land also has the same land use zone as the subject site.

30. Viewed from the waterways and adjacent foreshores, the boundary between the private property and reclaimed crown land is not discernible. The reclaimed crown land presents as an extension of the rear yard of the subject site. For practical purposes, the reclaimed crown land forms part of the subject site. Based on the inclusion of the reclaimed crown land in the site area and application of the sliding-scale floor space ratio controls as prescribed in KDCP 2013, a maximum allowable gross floor area (GFA) of 398.6m² would apply. The proposal is well within this maximum GFA and by implication presents a building mass that is in scale with its practical site area.

31. The building bulk is distributed on the site such that there is no significant loss of amenity to adjacent sites. The new upper floor level is relatively small in size being only 63.5m² in area, located well within the existing building footprint and setback amply from the site boundaries shared with adjoining properties such that it results in minimal overshadowing, overlooking and visual bulk impacts and maintains view lines to the adjacent waterways.

32. The proposal respects the dominant building forms and scale through the use of innovative architectural responses. The floor area of the new upper floor level has been reduced to the minimum extent necessary to provide for practical and reasonable accommodation of a master bedroom and associated amenities. The ‘stepped’ built form of the dwelling house incorporating a reduced upper floor footprint and low pitched roof form above also ensures that the building responds appropriately to the prevailing 2-3 storey scale of existing dwelling houses within the locality.

33. It is also relevant to consider that the bulk and scale of the dwelling house is not dissimilar to that of more recent dwelling house development in the immediate locality, recognising that the site and surrounding properties are within a foreshore locality with relatively high land values. Equally, the siting of the dwelling house substantially at the base of a slope and on the more level, lower lying parts of the site helps to minimise its perceived visual bulk and scale. The perceived visual bulk and scale of the dwelling house is further minimised when viewed in the context of the highly urbanised and minimally vegetated character of adjacent foreshores and against its backdrop of dense built forms upslope.

Building Height

34. The new upper floor level of the dwelling house exceeds the building height controls relating to the maximum height to the underside of the upper ceiling and maximum height to the top of the parapet. The underside of the upper ceiling is up to 8.2m in height above the existing site levels, as opposed to a maximum permissible height of 7.2m. The parapet form fascia boards enclosing the perimeters of the metal skillion roof are up to 8.85m above the existing site levels, as opposed to a maximum permissible height of 7.8m. Notwithstanding these variations to the building height controls, the proposal is reasonable having regard to the underlying objectives and particular circumstances of the case.

35. The height of the dwelling house is not excessive and relates well to the local context. The surrounding foreshore locality is characterised by numerous three (3) storey dwellings, many of which are visually prominent when viewed from the waterways. It is also relevant to consider that the new upper floor level occupies a relatively small footprint in comparison to the existing floor level below and incorporates minimal floor to ceiling height and a low pitched roof. The dwelling house is also well within the building height controls at its perimeters, thereby providing an appropriate transition in scale with respect to neighbouring properties.

36. As discussed previously, the proposal respects the dominant building forms and scale through the use of innovative architectural responses. The floor area of the new upper floor level has been reduced to the minimum extent necessary to provide for practical and reasonable accommodation of a master bedroom and associated amenities. The ‘stepped’ built form of the dwelling house incorporating a reduced upper floor footprint and minimal floor to ceiling height and low pitched roof form above also ensures that the building responds appropriately to the prevailing 2-3 storey scale of existing dwelling houses within the locality.

37. The building height is distributed on the site such that there is no significant loss of amenity to adjacent sites. As discussed previously, the new upper floor level is relatively small in size being only 63.5m² in area, located well within the existing building footprint and setback amply from the site boundaries shared with adjoining properties such that it results in minimal overshadowing, overlooking and visual bulk impacts and maintains view lines to the adjacent waterways.

38. It is also relevant to consider that the bulk and scale of the dwelling house is not dissimilar to that of more recent dwelling house development in the immediate locality, recognising that the site and surrounding properties are within a foreshore locality with relatively high land values. Equally, the siting of the dwelling house substantially at the base of a slope and on the more level, lower lying parts of the site helps to minimise its perceived visual bulk and scale. The perceived visual bulk and scale of the dwelling house is further minimised when viewed in the context of the highly urbanised and minimally vegetated character of adjacent foreshores and against its backdrop of dense built forms upslope.

39. To further minimise the vertical scale of the dwelling house, it is recommended that the parapet form fascia boards surrounding the roof above the new upper floor level be deleted. This may be readily addressed by a suitable design change condition.

Boundary Setbacks

40. The proposed new floor level includes generous setbacks from the northern, southern and eastern boundaries of the site, well beyond the prescribed minimum 1.2m setback control. These setbacks ensure that the amenity of neighbouring properties in terms of solar access, visual privacy and the like is reasonably maintained.

41. The siting of the new roof and supporting columns and walls associated with the ‘garage’ and ‘entry portico’ up to the eastern and southern boundaries of the site is reasonable having regard to the underlying objectives and particular circumstances of the case. In this regard, a roofed carport and covered area already exists between the dwelling and eastern boundary of the site and the proposed roof structure is similarly located, albeit it is slightly larger in extent. The new roof structure is less than 3m in height above the surface level of the carport and located substantially downslope of the rear yard of the adjoining property immediately to the east. The relatively new dwelling house on the adjoining property immediately to the south of the site is some 5m distance from the southern perimeter of the entry portico. Given these circumstances, no adverse impacts on the amenity of adjoining properties will arise.

Balconies/Terraces

42. The proposed ‘sun decks’ located on the northern and southern sides of the top floor level are unacceptable having regard to their considerable dimensions and sizes and orientation towards and close proximity to neighbouring properties. These spaces provide opportunities for large scale entertaining which in turn could result in significant visual and aural privacy impacts upon neighbouring properties. The need for such large, elevated outdoor spaces in conjunction with a master bedroom is also questionable. The existing dwelling is already provided with reasonably generous elevated outdoor spaces off the main living areas at first floor level. The outdoor space adjoining the master bedroom and comprising the roofed ‘balcony’ is not unreasonable given its minimal dimensions and primary orientation towards the waterfront of the site.

43. Having regard to the above circumstances, the sun decks should be deleted and replaced by non-trafficable roof space. This may be readily addressed by a suitable design change condition.

Views and View Sharing

44. The owner of the adjoining residential property (No.55 Vista Street, Sans Souci) immediately upslope and to the east of the site raises major concerns over the impact of the new upper floor level upon the panoramic views of the waterways and opposite foreshores currently enjoyed from the main living areas and associated outdoor areas on both levels at the rear of his dwelling house.

45. The low density housing provisions of KDCP 2013 relating to views and view sharing prescribes that ‘development is to provide for the reasonable sharing of views’. The underlying objective of this control is to minimise view loss from adjoining or nearby properties, whilst still recognising the development potential of a site. These provisions also prescribe that applications will be assessed with reference to the view sharing principle established by the Land & Environment Court.

46. In Tenacity Consulting P/L v Warringah (2004 NSWLEC 140), Senior Commissioner Roseth in establishing the planning principle for view sharing made the following comment:

‘The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for their enjoyment. (Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable). To decide whether or not view sharing is reasonable, I have adopted a four step assessment’

47. An assessment of the proposal in terms of whether it provides for the reasonable sharing of views with respect to the objector’s dwelling and associated rear outdoor areas is provided as follows, based on the above planning principle.

48. The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views are valued more highly than views without icons. Whole views are valued more that partial views, e.g. a water view in which the interface between land and water is visible is more valuable that one in which it is obscured.

49. The proposal affects close to long distance views across the waterways of Kogarah Bay towards the opposite foreshores of Carss Park and Blakehurst (refer to photographs below). These views include most notably the heavily vegetated slopes of Carss Bush Park to the northwest and the two (2) road bridges crossing Georges River to the southwest.

50. The views are of a high value due to their panoramic nature including waterways, vegetated foreshores and local landmarks (i.e. Carss Bush Park and Tom Ugly’s Bridge). Their value is further enhanced by their varying qualities depending on the direction of the outlook, noting that the view to the southwest towards Georges River has considerable depth and interest including a close view of the immediate eastern foreshores of the adjacent bay, as well as a long distance view of the road bridges that cross the river and vegetated ridgelines on the horizon beyond.

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51. South westerly view from ‘standing position’ in middle of rear first floor balcony

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52. North westerly view from ‘standing position’ in middle of rear first floor balcony

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53. South westerly view from ‘standing position’ in middle of rear ground floor balcony

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54. North westerly view from ‘standing position’ in middle of rear ground floor balcony

55. The second step is to consider from what part of the property the views are obtained. The protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. The expectation to retain side views and sitting views is often unrealistic.

56. The views as defined in the first step are obtained from living areas and associated outdoor areas on both levels at the rear of the dwelling house. These views are obtained across the rear boundary and minor portions of the side boundaries of the objector’s property from both sitting and standing positions.

57. The third step is to assess the extent of the impact. This should be done for the whole of the property not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued as people spend so much time in them.

58. The objector’s property does not enjoy any views other than those that are available in a south westerly to north westerly direction from the rear of their dwelling and associated outdoor areas. The extent of the impact varies considerably depending on the vantage point chosen.

59. In assessing the extent of view impact, regard has been given to the height poles erected by the applicant for the purpose of assisting council in the assessment of this issue, together with the mapping and survey information available within council’s records. Based on the difference in levels between the finished level of the rooftop of the new upper floor of the proposal and the ‘eye’ level of a person standing on the upper floor rear balcony of the objector’s dwelling, together with the distance between the foreshores on the opposite side of Kogarah Bay and the subject site, the land/water interface of the foreshores opposite will still be visible above the new upper floor roof. This conclusion correlates with the actual view with the height poles in place.

60. Viewed from the rear ground floor balcony and adjacent indoor living space, the new upper floor level will remove much of the view of the land-water interface and foreshores opposite across the bay. However, view corridors to the southwest and northwest including views of the waterways of Georges River and the lower reaches of Kogarah Bay, the bridge crossings at Tom Ugly’s Point and the leafy foreshores of Carss Bush Park will still be maintained. As view corridors including views of waterways, vegetated foreshores and local landmarks are being maintained either side of the new upper floor level, the impact from this vantage point is deemed to be moderate to severe, depending on the position of the viewing point.

61. Viewed from the rear first floor balcony and to a lesser extent the adjacent indoor living space, the new upper floor level will remove only part of the westerly view of the waterways, with the view of the land-water interface and foreshores opposite across the bay being maintained. Substantial view corridors to the southwest and northwest including views of the waterways of Georges River and the lower reaches of Kogarah Bay, the bridge crossings at Tom Ugly’s Point and the leafy foreshores of Carss Bush Park will still be maintained. As views of the land-water interface and foreshores on the opposite side of the bay are being maintained over the top of the new upper floor level and view corridors including views of waterways, vegetated foreshores and local landmarks are being maintained either side of the new upper floor level, the impact from this vantage point is deemed to be moderate at worst, depending on the position of the viewing point.

62. The fourth step is to assess the reasonableness of the proposal that is causing the impact. Where an impact on view arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skillfull design could provide the applicant with the same development potential and amenity and reduce the impact on the view of the neighbours. If the answer to that question is NO, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

63. The original proposal was considered unreasonable in terms of the view sharing principles as the new upper floor level was to extend across the entire width of the existing dwelling and occupy a substantial footprint, notwithstanding that its purpose was simply to provide for a master bedroom and associated amenities. The master bedroom and other rooms have since been rationalised such that the new upper floor level is halved in size and serves it purpose efficiently. The new upper floor level is compact in form being relatively small in footprint and incorporating a low profile roof and modest floor to ceiling heights. The overall height and partial three (3) level scale of the dwelling is not unreasonable having regard to the surrounding context including several substantial three (3) level homes. The proposal also complies with the proposed 9m height standard under the New City Plan. There are no reasonable alternatives to the proposal that would still afford the applicant with the same amenity. A ground/first floor extension towards the waterfront title boundary of the site is problematic in that it would occupy the only substantive deep soil landscaping on the site which is already at the minimum required. Further, the layout of the house is such that any extension is likely to compromise solar access, ventilation and outlook to other parts of the house, unless significant internal reconfiguration works were undertaken. Having regard to the circumstances, the proposal is deemed reasonable.

Conclusion

64. Whilst it is accepted that the views enjoyed from the rear indoor and outdoor living areas on both levels of the existing dwelling located immediately upslope and to the east of the site will be obstructed to varying degrees, it is not accepted that the associated impact will be devastating as suggested by the objector. At worst, the impact on views will be moderate to severe, depending on the position of the vantage point. Views of the adjacent waterways and foreshores opposite across the bay and the main channel of Georges River to the southwest and the heavily vegetated slopes of Carss Bush Park to the northwest will still be maintained over the top and either side of the new upper floor level to a reasonable extent. In view of these circumstances and the foregoing commentary, it is concluded that the proposal results in reasonable view sharing having regard to the planning principle established by the Land & Environment Court.

Foreshore Locality Provisions

65. The subject site is located within the ‘Kogarah Bay (Wellington Street to Torwood Street)’ foreshore locality. The land-based development controls for this locality are outlined and addressed as follows:

Facades and rooflines of dwellings facing the water are to be broken up into smaller elements with a balance of solid walls to glazed areas. Rectangular or boxy shaped dwellings with large expanses of glazing and reflective materials are not acceptable. In this regard, the maximum amount of glazed area to solid area for façades facing the foreshore is to be 50%-50%.

Comment: The proposal incorporates a reasonable balance of solid walls to glazed areas. Although the proportion of glazed area to solid area on the façade to the waterfront is approximately 55% and exceeds the above control, the glazed elements are setback behind balconies/decks on all levels and broken into smaller discrete glazed panels separated by walls and columns. Given these circumstances, the glazing elements do not result in any adverse visual impacts. Although the dwelling is somewhat rectangular/box-like in shape, it is not endowed with large expanses of glazing.

Colours that harmonise with and recede into the background landscape are to be used. In this regard, dark and earthy tones are recommended and white and light coloured roofs and walls are not permitted. To ensure that colours are appropriate, a schedule of proposed colours is to be submitted with the Development Application and will be enforced as a condition of consent.

Comment: Precise details on proposed colours to be applied to the external walls and roofs of the dwelling and carport/entry portico have not been submitted. However, it is noted that the existing brickwork of the dwelling is to be cement rendered and painted and the steel roof is to be of medium solar absorptance and hence of a medium tone. Whilst surrounding dwellings are characterised by a variety of colours, for the most part the colours used are subdued and of medium to dark tone. The external finishes of the subject dwelling should also adopt a subdued colour scheme. This may be readily addressed by a suitable condition of consent.

Buildings fronting the waterway, must have a compatible presence when viewed from the waterway and incorporate design elements (such as roof forms, textures, materials, the arrangement of windows, modulation, spatial separation, landscaping etc) that are compatible with any design themes for the locality.

Comment: The proposal complies with this control sufficiently. Viewed from the adjacent waterway, the aesthetics and built form of the proposal are reasonably compatible with surrounding development, recognising that there is no particular recurring design theme for dwelling houses in the locality of the site.

Blank walls facing the waterfront shall not be permitted. In this regard, walls are to be articulated and should incorporate design features, such as:

(i) awnings or other features over windows;

(ii) recessing or projecting architectural elements; or

(iii) open, deep verandas.

Comment: The proposal complies with this control sufficiently. The waterfront elevation of the dwelling house is articulated by way of roofed balconies and a reasonable proportion of fenestration.

Section 94 Contributions

66. The proposed development requires payment of $3,708.10 of Section 94A levies based on the provisions of Kogarah City Council - Section 94A Development Contributions Plan 2014. The contribution amount is based on 1% of the overall cost of the development.

(a)(iv) Any matters prescribed by the regulations

67. The requirements of Australian Standard ‘AS 2601-1991: The Demolition of Structures’ are of relevance to the application as the proposal includes demolition of existing buildings on the site. The requirements of this standard including the management of asbestos containing materials may be readily addressed by the imposition of suitable conditions of consent.

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

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

(c) The suitability of the site for the development

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

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

70. In accordance with the public notification provisions of KDCP 2013, the application was placed on neighbour notification for a period of fourteen (14) days. Adjoining and nearby property owners were notified in writing of the proposal and invited to comment. As a result, submissions of objection were received from five (5) adjoining/nearby properties.

71. The amended plans that were submitted during the course of assessment of the application were formally notified to adjoining property owners and those residents/property owners that had lodged submissions in response to the first round of public notification. As a result, a submission of objection was received from the owners of the adjoining property (known as 55 Vista Street) located directly to the east of the site. Another submission of objection was received from a town planning consultancy acting on behalf of the owners of the above property.

72. The issues raised in the public submissions received in response to the amended plans are outlined and addressed as follows:

1. Zone Objectives

Concerns are raised over the proposal’s failure to satisfy the relevant zone objectives, particularly in terms of its impacts on views from surrounding properties and the visual qualities of the locality and its inconsistent built form when compared to other dwellings located immediately adjacent to the waterfront to the north and south of the site.

Comment:

The proposal is considered to reasonably satisfy the zone objectives in that it is low impact residential development being relatively minor alterations and additions to a single dwelling and it has no adverse effects on the ecological, scientific and aesthetic values of the surrounding area being located well away from the waterfront, similar in bulk and scale to adjacent development and set against a backdrop of dense built forms with minimal vegetation.

2. Building Scale & Height Objectives

Concerns are raised over the proposal’s failure to satisfy the relevant building scale and height objectives, particularly in terms its overshadowing, visual bulk and view loss impacts on surrounding properties and the adjacent waterways and inconsistent built form and scale compared to other dwellings located immediately adjacent to the waterfront to the north and south of the site.

Comment:

The proposal is considered to reasonably satisfy the building scale and height objectives, as discussed in detail earlier in this report.

3. Building Height

Concerns are raised over the height and number of levels of the dwelling house including more specifically that:

§ The dwelling does not comply with the building height controls including the two (2) residential levels limit and 7.8m height to roof parapet limit;

§ The dwelling is substantially three (3) levels in height;

§ The dwelling sits on level ground and interpreting the controls it should be a maximum of two (2) residential levels; and

§ The roof parapet exceeds 9m in height above ground level

Comment:

It is acknowledged that the proposal does not comply with the building height controls relating to its measurement from the existing site levels to the top of the roof parapet and underside of the upper ceiling. However, as discussed in detail earlier in this report, the height of the proposal is acceptable on merit. By way of clarification, the roof parapet of the dwelling house is up to 8.85m in height above the existing site levels based on the detail survey submitted with the application.

The relevant building height controls in KDCP 2013 stipulates that 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). There is no further explanation as to how this control is interpreted, particularly in terms of determining what constitutes the ‘site’ for the purposes of application of the control.

If the ‘site’ was interpreted as the entire property, the slope of the site would be in excess of 12.5% and three (3) levels would be allowed. The slope of the site would also be in excess of 12.5% and three (3) levels would also be allowed, if the ‘site’ was interpreted as the footprint of the dwelling house including the carport/entry portico. The narrow interpretation adopted by the objector is unreasonable. In any event, the number of floor levels is acceptable on merit having regard to the prevailing 2-3 storey character of the foreshores in the immediate locality and the scale of the dwelling house being generally consistent with other dwellings in the locality.

4. Façade Articulation

Concerns are raised over the eastern facade of the new upper floor level and its lack of articulation and aesthetic appeal and unreasonable enclosure of the adjacent rear yard and swimming pool area.

Comment:

The eastern façade of the new upper floor level is less than 10m in length. Based on the provisions of KDCP 2013, this wall does not require articulation by recessing or the like. Notwithstanding, a portion of the wall is provided with an increased setback. The level of articulation to this façade is satisfactory. The wall concerned is relatively short in length and well setback from the eastern boundary being some 5.5m distance away and therefore will not result in any perceived enclosure of the adjacent rear yard and swimming pool area.

5. Privacy

Concerns are raised over the expansive ‘sun decks’ proposed adjacent to the new upper floor level and associated overlooking impacts upon adjoining properties from their future use.

Comment: These concerns are concurred with, as discussed in detail earlier in this report. The sun decks should be deleted and replaced by non-trafficable roof space. This may be readily addressed by a suitable design change condition.

6. Streetscape Character

Concerns are raised over the bulk and scale of the proposal being inconsistent with the prevailing built forms of the immediate foreshores to the north and south, whereby dwellings adjacent to the waterfront are generally 1-2 storeys and overlooked by dwellings upslope adjoining the street. Put another way, the concern is that the visual qualities of the adjacent waterways and foreshores will be adversely affected in that the dwelling will conflict with the ‘stepped’ and ‘layered’ character of existing built forms generated by the subdivision pattern and topography in the locality and will therefore be visually prominent.

Comment:

It is acknowledged that the dwelling houses located on the battle-axe lots along the waterfront to the north and south of the site are generally no more than two (2) storeys in scale such that the dwelling houses upslope on the street frontage lots enjoy views of the waterways over the rooftops of the dwellings below. However, viewed from the waterways, this streetscape characteristic is largely lost against the existing backdrop of dense built form and minimal vegetation. The proposal will blend into the existing background of substantial 2-3 storey dwelling houses located upslope from the waterfront. There are several large three (3) storey dwelling houses on properties in the immediate locality to the north and south of the site, including the adjoining property immediately to the south.

It is also important to consider that the dwelling house is only partly three (3) storeys in scale and sited downslope on more level land adjacent to the waterfront. At its southern and northern perimeters, the dwelling reduces in scale to two (2) storeys thus providing an appropriate transition with the dwellings on adjoining properties. The subject dwelling will be no more prominent when viewed from the wider locality than many of the existing three (3) storey dwellings nearby, including the recently completed, substantial four (4) level dwelling house on the adjoining property immediately to the south.

7. Bulk & Scale

Concerns are raised over the excessive bulk of the dwelling as a result of its box-like, three (3) storey built form adjoining lower buildings and waterfront private open space of adjoining properties and its lack of building articulation.

Comment:

The bulk and scale of the proposal is reasonable, as already discussed in detail elsewhere in this report. The built form of the dwelling house is sufficiently articulated having regard to its ‘stepped’ built form incorporating a reduced building footprint on the new upper floor level and inclusion of covered balconies on all levels on the waterfront elevation. The dwelling house is only three (3) storeys in part and reduces in scale to two (2) storeys at its southern and northern perimeters where it interfaces with adjoining properties.

8. Views

Significant concerns are raised over the impact of the new upper floor level upon the views currently enjoyed from the existing dwelling house located upslope on the adjoining property immediately to the east. More specifically, the following concerns are raised:

§ Water views enjoyed from the rear indoor and outdoor living areas on both levels of the existing dwelling will be obstructed and the resultant impact will be devastating;

§ The proposal does not achieve reasonable view sharing;

§ The view impacts will be further exacerbated by furniture, umbrellas and other fixtures being placed on the proposed expansive sun decks; and

§ The proposal does not satisfy the Land & Environment Court planning principle on view sharing

Comment:

Whilst it is accepted that water views enjoyed from the rear indoor and outdoor living areas on both levels of the existing dwelling located immediately upslope and to the east of the site will be obstructed to varying degrees, it is not accepted that the associated impact will be devastating. Views of the adjacent waterways, including the foreshores opposite and the main channel of Georges River to the southwest and Carss Bush Park to the northwest, will still be maintained over the top and either side of the new upper floor level to a reasonable extent. Having regard to the relevant planning principle, the overall impact on views from this adjoining property is assessed as moderate and reasonable view sharing is achieved. The expansive ‘sun decks’ are recommended for deletion and replacement by non-trafficable roof area, thus resolving the particular concern raised above. These issues are discussed in detail elsewhere in this report.

9. Drawing Details & Documentation

Concerns are raised over the quality of the information detailed on the drawings and other documentation submitted with the application. The more specific concerns are outlined and addressed as follows.

§ No precise details are provided regarding the finished level of the proposed carport roof.

Comment:

The drawings indicate that the new roof will be constructed at a similar level to the existing roof. Whilst no specific reduced level (RL) for the top of this roof is detailed on the elevation drawings, it appears to match the RL of the floor surface of the new upper floor level, being RL8.1. This is not dissimilar to the RLs of the existing roof as indicated on the detail survey. The maximum height of the new carport roof based on the above RL may be reinforced by a suitable condition of consent.

§ The height limit lines plotted on the elevations are inaccurate as they are not based on the actual ground levels of the site.

Comment:

The height limit lines plotted on the elevation drawings appear to be based on natural ground levels and not existing site levels, as required by the relevant provisions of KDCP 2013 for the purposes of determining building heights. Council’s assessment based on the existing site levels indicated on the detail survey indicates that the proposal does not comply with the building height controls, with the exception of the 9m height limit to the apex of the skillion roof. Notwithstanding the variations to the building height controls, the scale of the proposal is acceptable on merit.

§ The profile of the proposed development on No. 55 Vista Street as depicted on the north and south elevation drawings does not accurately reflect the approved plans for that development.

Comment:

The profile of the proposed development on the adjoining property is based on outdated drawings that have subsequently been amended. No weight is given to this information given that it is merely indicative and also outdated. In any event, the application must be assessed based upon the existing context and circumstances and not a possible future context or circumstance. The adjoining dwelling house is currently two (2) storeys and the application is to be assessed on this basis.

§ No precise details are provided on the elevation drawings regarding the overall height of the roof parapet above ground level.

Comment:

The elevation drawings include details of floor to ceiling height measurements and reduced levels for each floor and the uppermost ceiling which together provide sufficient information to establish the overall height of the building to the roof parapet. Based on the existing site levels as indicated on the detail survey and council’s assessment, the roof parapet above the new upper floor level is up to 8.85m in height above the existing site levels directly below. The maximum height of the new upper floor level roof may be reinforced by a suitable condition of consent.

§ The drawings are not to scale and there is a lack of information relating to setbacks and building height, thereby making it difficult to determine the impacts of the development accurately.

Comment:

The drawings are to scale, but have been reduced. There is sufficient information on the drawings relating to the setbacks and height of the building to enable assessment of the impacts of the development with a reasonable degree of accuracy.

§ A plan indicating the areas included in the measurement of gross floor area is required, as it appears that storage areas have not been included.

Comment:

The applicant has provided calculations of the gross floor area for each level of the dwelling house, together with floor plans highlighting the areas that have been included for the purpose of these calculations. Based on council’s assessment, the gross floor area of the dwelling house is 10.1m² greater than that indicated by the applicant. The discrepancy between the figures relates to the ‘store room’ located on the lowest floor level. This room does not qualify as basement storage for the purposes of the exclusions within the definition of gross floor area as its ceiling is more than 1m above the existing site level and therefore it must be included. Notwithstanding the variation to the floor space ratio control, the bulk and scale of the proposal is acceptable on merit.

§ The drawings have the same date and number as the original drawings submitted with the development application leading to confusion.

Comment:

The amended drawings include notations detailing the changes to the plans and the date of the amendments.

§ The ‘height poles’ erected for the purposes of assisting in the assessment of view impacts do not appear to reflect the true height and depth of the new upper floor level. Certification from a registered surveyor to the effect that the height poles have been erected to the correct height should be provided.

Comment:

The ‘height poles’ were surveyed by a registered surveyor in terms of their height relative to Australian Height Datum and location relative to the boundaries of the site. Comparing this information to the architectural drawings, the height poles appear to generally represent the location and extent of the apex of the skillion roof above the new upper floor level, albeit they are slightly higher (i.e. approximately 0.2m) than the reduced level indicated for the roof on the drawings. Although the height poles are not a complete representation of the height and depth of the new upper floor level and its roof, they do assist in the assessment and provide a general indication of the extent of view impact.

(e) The public interest

73. The proposed development is of a scale and character that does not conflict with the public interest.

Conclusion

74. The application has been assessed having regard to the heads of consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and the provisions of KLEP 2012 and KDCP 2013. Following detailed assessment and balancing the relevant heads of consideration, it is considered that Development Application No. 3/2016 should be approved subject to conditions including the design changes as recommended in this report.

SPECIFIC DEVELOPMENT CONDITIONS

SECTION A - General Conditions

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent.

(1) Approved Plans of Consent

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

(i) Architectural plans – Drawing Nos. 5431/5 dated 3 January 2015 as amended on 17 June 2016, 5431/6 dated 5 January 2016 as amended on 18 June 2016, 5431/7 dated 7 January 2016 as amended on 19 June 2016 & 5431/8 dated 10 January 2016, as prepared by Project Planning & Design.

SECTION B –Prior to the Issue of a Construction Certificate or Demolition Conditions

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate or Demolition.

Note: A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.

(2) Asset & Building Fees

Payment of the following amounts as detailed below:

· Damage Deposit of $1,900.00

· *Builders Long Service Levy of $1,297.00

· Asset Inspection Fee of $ 110.00

· Section 94A Contributions of $3,708.10

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

(3) Section 94A Contributions

As at the date of Development Consent a contribution of $3,708.10 has been levied on the subject development pursuant to Section 94A Contributions Plan. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

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

(4) Soil and Water Management

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

(5) Sydney Water (DA Only)

The approved plans must be processed through Sydney Water to determine whether the development will affect any Sydney Water asset’s (sewer and water mains, stormwater drains and/or easements) and if any further requirements need to be met. An approval receipt will be issued by Sydney Water which is to be submitted to Council or the Principal Certifying Authority.

Please refer to the web site www.sydneywater.com.au for;

· Sydney Water Tap in – see Plumbing, building and developing and then Sydney Water Tap in; and

· Building over/adjacent to a Sydney Water Asset - see Plumbing, building and developing, building then Building Approvals or telephone 13 20 92.

(6) Design Changes Required

(i) The areas denoted as ‘sun decks’ and associated enclosing balustrades, located on the northern and southern sides of the uppermost floor level, are to be wholly deleted and replaced with non-trafficable steel roofing. As a result, the outdoor area at this floor level is to be confined to that area denoted as ‘balcony’ located on the western side of the bedroom and limited in extent such that it is no greater in length than the adjacent western wall of the bedroom.

(ii) The 450mm high fascia board parapets surrounding the roof over the uppermost floor level, as detailed on the elevation drawings, are to be wholly deleted.

The above design changes are to be incorporated in the plans accompanying any construction certificate for the development.

(7) Building Height

(i) The new roof over the entry portico and garage is to be limited in height such that it does not exceed a reduced level of RL8.1 based on Australian Height Datum.

(ii) The apex of the skillion roof over the new upper floor level is to be limited in height such that it does not exceed a reduced level of RL10.95 based on Australian Height Datum.

The above details are to be incorporated in the plans accompanying any construction certificate for the development.

(8) External Finishes

The external walls and roofs of the dwelling and carport/entry portico are to be finished in subdued colours of either medium or dark tones so as to harmonise with and recede into the background landscape. These details are to accompanying any construction certificate for the development.

SECTION C – Prior to Commencement of Construction Conditions

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

(9) Structural Engineer

A report shall be obtained from a practising Structural Engineer, prior to commencement of work, verifying the structural adequacy of the existing building to support the first floor addition.

(10) Structural Engineer’s Details

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

A copy shall be forwarded to Council where Council is not the PCA.

(11) Protection of Site – Hoarding

A hoarding or fence must be erected between the work site and the public place if:

· the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

· if it involves the enclosure of a public place.

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

(12) Council Infrastructure Inspection

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 6400.

(13) Public Liability Insurance

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

(14) Soil Erosion Controls

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

· Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

· Controls to prevent tracking of sand, soil, aggregates, etc, by vehicles onto adjoining roadways.

SECTION D – Construction and Operational Conditions

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

(15) Inspections - Alterations/Additions

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

(a) at the commencement of building works

(b) after excavation for, and prior to the placement of, any footings, and

(d) prior to the covering of the framework for any floor, wall, roof or other building element, and

(e) prior to covering waterproofing in any wet areas, and

(f) prior to covering any stormwater drainage connections, and

(g) after the building work has been completed and prior to any occupation certificate being issued in relation to the building.

(h) in the case of a swimming pool, as soon as practicable after the barrier (if one is required under the Swimming Pools Act 1992 has been erected.

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections. Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

(16) Storage of materials on Public Road

All building materials or waste containers must be stored within the confines of the site. The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

(17) Use of Crane on Public Road

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath. This includes cranes that are situated on roadways, footpaths and road reserves.

Any application for approval must be accompanied by the following information:-

· Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

· A copy of current public liability insurance with minimum cover of twenty million dollars ($20,000,000) indemnifying Council in the event of an incident;

· A copy of an RMS accredited traffic control plan;

· Proof that the local area command of the NSW Police have been advised of the proposal.

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

(18) Excavation of Site

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

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

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

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

(19) Work within Road Reserve

A Development Consent or any related Construction Certificate does not allow for the erection of a structure or to carry out work in, on or over a public road. Should a structure or work be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

(20) Damage within Road Reserve & Council Assets

The owner shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

(21) Public Utility & Telecommunication Assets

The owner shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

(22) Roof Water

All roof water is to be connected to an approved drainage disposal system.

(23) Hours of Construction

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

(24) Provision of Amenities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site or as specified by Workcover requirements .

· each toilet provided must be a standard flushing toilet and must be connected:

· to a public sewer; or

· if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

· if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities must be completed before any other work is commenced.

(25) Basix Certificate Details – DA Only

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

(26) Air Conditioning / Offensive Noise

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

(27) Fencing for Existing Pool

Where an existing swimming pool is to be retained and other structures on the property that form part of the child resistant safety barrier are to be demolished, child-resistant safety barriers shall be erected to maintain a level of safety at all times consistent with the requirements of the Swimming Pools Act and Regulations, applicable at the time.

Details of all child-resistant barriers to be utilised to comply with the requirements of the Swimming Pools Act and Regulations shall be shown on the Construction Certificate plans.

SECTION E – Prior to Occupation or Subdivision Certificate Conditions

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate.

(28) BASIX Completion Receipt

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

SECTION F – Prescribed Conditions

The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000.

(29) Compliance with the Building Code of Australia

The development must be carried out in accordance with the provisions of the Building Code of Australia.

(30) Insurance Requirements under Home Building Act 1989

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989. This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.

It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

(31) Erection of Signs

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

(32) Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(33) Shoring and Adequacy of Adjoining Property

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

(34) Council Notification of Construction

The erection of a building which is the subject of a Development Consent must not be commenced until:

a) Detailed plans and specifications of the building have been endorsed with a construction certificate by Council or an accredited certifier.

b) the person having the benefit of the development consent has:

· appointed a Principal Certifying Authority (PCA),and

· notified Council (if Council is not the PCA) in writing of the appointment, and

· given at least 2 days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

SECTION G – Demolition Conditions

The following conditions are imposed to ensure the demolition associated with the proposed development is carried out having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment.

(35) Demolition for Alterations & Additions – Asbestos

(a) Demolition of buildings where asbestos is determined to be present should only occur 7am – 5pm Monday to Saturdays, and must not occur on Sundays or Public Holidays, to ensure that the persons carrying out the work have access to WorkCover professionals if required.

(b) All asbestos removal shall be undertaken in accordance with the requirements of WorkCover’s ‘How to Safely Remove Asbestos’ code of Practice and Council’s Asbestos Policy.

(c) Written notice must be provided to Georges River Council five (5) working days (excluding public holidays) prior to commencement of any works.

Written notice is to include the following details:

· Date the demolition will commence

· Name, address, contact details (including after hours) and licence number of the demolisher and asbestos removalist (if different)

Work must not commence prior to the nominated demolition date.

Note: it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

(d) The owner is to notify all owners and occupiers of premises on either side, opposite and at the rear of the development site five (5) working days prior to demolition. Such notification is to be clearly written on A4 size paper stating the date the demolition will commence and is to be placed in the letterbox of every premises (including every residential flat or unit, if any). The demolition must not commence prior to the date and time stated in the notification.

(e) All asbestos cement sheeting must be removed prior to the commencement of:

a) Brick veneering or re-cladding of any building where the existing walls to be covered are clad with asbestos cement; OR

b) Construction work where new work abuts existing asbestos cement sheeting and/or where existing asbestos cement sheeting is to be altered or demolished.

(f) A demolition or asbestos removal contractor licensed under the Work Health and Safety Regulation 2011 must undertake removal of more than 10m² of bonded asbestos (or otherwise specified by WorkCover or relevant legislation).

Removal of friable asbestos material must only be undertaken by a contractor that holds a current AS1 Friable Asbestos Removal Licence.

(g) Development sites that involve the removal of asbestos must display 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 on the site to the satisfaction of Council’s officers. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos has been removed from the site to an approved waste facility.

(h) All asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations (Waste) Regulation 2005. All receipts detailing method and location of disposal must be submitted to Council as evidence of correct disposal.

(i) A Clearance Certificate or Statement, prepared by a suitably qualified occupational hygienist must be provided to Council upon completion of demolition and asbestos related works, which confirms that the relevant legislative requirements in relation to safe removal and disposal have been satisfied

(j) A Work Cover Licensed Demolisher is to be engaged to carry out any demolition works using mechanical equipment where the structure is over 4 metres in height or to carry out any manual demolition works on a structure over 10 metres in height.

(k) The provision of temporary fences and footpath crossing pads prior to commencement of demolition operations. Further, no waste materials or bins are to be placed on Council's roadways or footpaths.

(l) No waste materials are to be burnt on site.

(m) No trees as defined by Council's Tree Preservation Order being removed or damaged on the site without the prior written approval of Council.

(n) Compliance with the provisions of Australian Standard AS 2601-1991:"The Demolition of Structures", which requires notification of demolition to be submitted at least seven (7) days prior to demolition to the NSW Workcover Authority.

(o) Effective erosion and sediment control measures are to be undertaken during the course of demolition and building works in accordance with Council’s ‘Environmental Site Management Policy’. Failure to implement appropriate measures may result in a $750 Penalty Infringement Notice (individual) and/or $1,500 (corporation) being issued and/or the incurring of a maximum penalty of $250,000 (corporation) or $120,000 (individual) through the Land and Environment Court.

(p) Appropriate measures are to be implemented on site to control dust and other air borne matter and demolition material is to be stored and stacked in a manner so as to minimise the risk of damage or nuisance to neighbouring properties.

(q) Council being notified upon completion of the demolition works so that an inspection can be made of the roadway and footpath.

(r) All non-recyclable demolition material being disposed of at an approved waste disposal depot. Details as to the method and location of disposal of demolition materials (weight dockets, receipts, etc.) should be kept as evidence of approved method of disposal.

(s) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

END CONDITIONS

Advisory Notes

(i) Worksite Safety

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment. This may be by the engagement of an appropriately competent principal contractor. There are various legislative and WorkCover requirements with respect to maintaining a safe work-site. Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

(ii) Worksite Safety Scaffolding

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards. The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding. Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding. For further information regarding this please see www.workcover.nsw.gov.au.

(iii) Kid Safe NSW

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners. The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home. Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

(iv) Dial Before You Dig

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavation or erection of structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

(v) Demolition Waste

Sorting your construction and demolition waste will save you money. For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

(vi) Property Address

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

(vii) Building Code of Australia Matters

The carport or garage wall on the southern side boundary that is setback less than 900mm must have an FRL of 60/60/60 and extend to the underside of a non-combustible roof covering as per part 3.7.1.5 of the BCA.

All internal bathrooms that do not have windows or skylights complying with 3.8.4.2 must have artificial lighting (3.8.4.3) and mechanical ventilation (3.8.5.2 c).

ATTACHMENTS

Attachment View1

A4 Plans

Georges River Council – Independent Hearing and Assessment Panel Thursday, 23 March 2017

Page 172

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 23 March 2017

IHAP Report No	3.3	Application No	PP2014/0003
Site Address & Ward Locality	29-31 MacMahon Street Hurstville Hurstville Ward
Proposal	Planning Proposal PP2014/0003 - Post Exhibition Report
Report Author/s	Senior Strategic Planner, Harkirat Singh and Coordinator Strategic Planning, Rita Vella
Owners	The Churches of Christ
Applicant	KPoint Investments Pty Ltd
Zoning	B4 Mixed Use, Hurstville LEP 2012
Date Of Lodgement	7/11/2014
Submissions	Twenty one (21)
Cost of Works	N/A
Reason for Referral to IHAP	In accordance with the IHAP Charter

Recommendation

(a) That the Georges River IHAP note the outcomes of public exhibition of the Planning Proposal PP2014/0003 for 29-31 MacMahon Street, Hurstville.

(b) That in respect of the Planning Proposal for Nos. 29-31 MacMahon Street Hurstville to amend Hurstville LEP 2012 the following two options be forwarded to the Department of Planning & Environment:

Option 1:

Resubmit the Planning Proposal to the Department of Planning & Environment requesting an amended Gateway Determination to require the proponent to address the impacts on traffic and access within the Hurstville City Centre raised by TfNSW/RMS through a voluntary planning agreement.

Option 2:

Resubmit the Planning Proposal to the Department of Planning & Environment requesting that the Department insert into the Hurstville LEP 2012 a site specific clause that requires the consent authority to be satisfied that the development will provide for road and traffic upgrades in the local road network and contribute to measures that encourage the use of public transport.

(c) That in respect to the NSW Heritage Office’s comment on the possible impacts of the proposed development on the heritage significance of the ‘Fire Station’, ‘Friendly Societies Dispensary Building’ and other items of local heritage significance in the vicinity of the subject site, that the Department be advised that this matter will be dealt with at DA stage.

(d) That a Report to Council be prepared to advise of the IHAP recommendations

(e) That those persons who made a written submission on the Planning Proposal for Nos 29-31 MacMahon Street, Hurstville be notified of the IHAP’s decision.

Site Plan

Executive Summary

1. This report considers the outcomes of a community consultation undertaken for the Planning Proposal for 29-31 MacMahon Street, Hurstville.

2. The Planning Proposal proposes the following:

§ Amend the Height of Building Map to increase the maximum building height from 40m to 50m;

§ Amend the Floor Space Ratio Map to increase the maximum floor space ratio from 4.5:1 to 5.5:1; and

§ Require a minimum “non-residential” floor space ratio of 0.5:1 through an amendment to clause 4.4A (Exceptions to floor space ratios for buildings on land in certain zones).

3. The community consultation has been undertaken in accordance with the Gateway Determination issued by the Department of Planning and Environment on 28 September 2016 (with a finalisation date no later than 5 July 2017).

4. The Planning Proposal was placed on community consultation from 23 November to 21 December 2016. During the exhibition period, eleven (11) community submissions (all in support) and ten (10) public authority submissions were received.

5. The key issues raised in the public authority submissions have been considered in the review of the Planning Proposal.

6. The Planning Proposal has not addressed a number of issues raised by Transport for NSW, RMS and the Heritage Office. These include:

§ Ensuring that travel demand management measures (such as appropriate parking restraints) are investigated and incorporated into a site specific DCP or future DA to encourage the use of public and active transport;

§ Satisfaction by Council that an appropriate funding mechanisms is in place to ensure implementation of demand management strategy measures can be provided;

§ Consideration of an appropriate funding mechanism to allow for regional transport infrastructure improvements; required as a result of the cumulative impacts of future development in the Hurstville City Centre.

§ The Heritage Office has required that consideration be given to any adverse impact that a proposed development would have on the heritage significance of the ‘Fire Station’, ‘Friendly Societies Dispensary Building’ and other items of local heritage significance in the vicinity of the subject site.

7. As the Planning Proposal was not supported by the former Hurstville City Council (resolution dated 1 April 2015) a Pre-Gateway review was lodged by the applicant and an assessment of the Planning Proposal was undertaken by the Sydney East Joint Regional Planning Panel.

8. The Planning Proposal received a Gateway Determination from the Department of Planning and Environment on 28 September 2016.

9. Discussions have also been held with the Applicant in relation to the negotiation of a Planning Agreement, in accordance with the Georges River Policy on Planning Agreements 2016. Specifically, the Planning Proposal results in an up-lift of development potential for the site and as a consequence any future development on the site there will be impacts on traffic and access within the Hurstville City Centre. To date the Developer has not made an offer to enter into a Voluntary Planning Agreement in accordance with the Policy.

10. In this case the residential uplift under the Planning Proposal is 555m2, which on its own is not a significant uplift. However when assessing the cumulative impact over the Hurstville Precinct with all the uplifts proposed there is an impact which needs to be addressed.

11. The Hurstville City Centre TMAP 2013 identifies the key road and traffic infrastructure works required to service the future development of the City Centre. The Hurstville Section 94 Development Contributions Plan 2012 does not levy for these roads and traffic facilities.

12. Therefore, two options are proposed for IHAP to consider regarding this Planning Proposal to address the road, traffic and transport issues within the centre:

Option 1:

Option 2:

13. With respect to the NSW Heritage Office’s comment on the possible impacts of the proposed development on the heritage significance of the ‘Fire Station’, ‘Friendly Societies Dispensary Building’ and other items of local heritage significance in the vicinity of the subject site – this can be dealt with at DA stage with a heritage impact statement that would need to accompany a DA.

Report Details

Applicant’s Original Planning Proposal Request

14. The original Planning Proposal request was lodged by KPoint Investments Pty Ltd, on behalf of the Churches of Christ Trust, on 7 November 2014 requesting that Hurstville City Council amend the Hurstville LEP 2012 (“HLEP 2012”) in relation to 29-31 MacMahon Street as follows:

§ increase the maximum building height from 40m to 55m (approx. 17 storeys),

§ increase the maximum floor space ratio (FSR) from 4.5:1 to 7:1, and

§ include a bonus 1:1 FSR for a community facility within the proposed FSR of 7:1.

15. The former Hurstville City Council considered the Planning Proposal on 1 April 2015 and resolved not to support the Planning Proposal request due to a number of reasons including:

§ the exceedance of development standards,

§ inconsistency with the Hurstville City Centre Transport Management and Accessibility Plan, 2013 (the “TMAP”) recommendations,

§ inconsistency with S117 Direction 3.4: Integrating Land Use and Transport and

§ the setting of a precedent.

Planning Proposal – Gateway Determination

16. Subsequent to Council’s refusal of the Planning Proposal, the Applicant lodged a Pre-Gateway Review Application (PGR_2015_HURST_001_00) with the Department of Planning and Environment (the “Department”) on 22 May 2015.

17. The application was considered by the Sydney East Joint Regional Planning Panel (“JRPP”) at its meetings of 20 April 2016 and 1 June 2016. The JRPP recommended that “the proposed instrument should be submitted for a Gateway determination” subject to a number of amendments. Attachment 1 contains the Panel’s decision on the application.

18. On 30 June 2016, the Department requested that the Planning Proposal be updated to reflect the JRPP recommendations by:

§ Reducing the proposed maximum building height from 55m to 50m (approximately 15 storeys)

§ Reducing the proposed FSR from 7:1 to 5.5:1; and

§ Removing the site specific 1:1 FSR bonus for development involving a community facility.

19. Georges River Council advised the Department that it would agree to act as the Relevant Planning Authority on 15 July 2016 and prepared a Planning Proposal for the Site in accordance with Section 55 of the Environmental Planning and Assessment Act 1979 (the Act) and the Department's guidelines titled, “A guide to preparing local environmental plans” and “A guide to preparing planning proposals”

20. The Planning Proposal reflected the JRPP recommendations, as outlined above and included the requirement for a minimum “non-residential” FSR of 0.5:1 on the site.

21. The Planning Proposal was submitted to the Department for a Gateway Determination on 10 August 2016. Council received the Gateway Determination on 28 September 2016. The conditions of the Gateway determination required for Council to consult with a number of public authorities, including RMS and TfNSW.

22. An update report on the Planning Proposal and detailed background information was provided to Council, at its meeting on 7 November 2016, advising of the Gateway Determination and community consultation requirements. A copy of this report is included at Attachment 2. Attachment 3 contains a copy of the Gateway Determination dated 28 September 2016.

Community Consultation

23. The Planning Proposal was placed on community consultation from 23 November to 21 December 2016 in accordance with the Gateway Approval (which required community consultation for a minimum of 28 days).

24. Exhibition material (including a plain English explanation, land to which the Planning Proposal applies, description of objectives and intended outcomes, copy of the Planning Proposal and relevant maps) was provide during the exhibition period on the Georges River Council website and printed copies were available at:

§ Hurstville Service Centre and Kogarah Service Centre

§ Hurstville City Library and Penshurst Branch Library.

25. Notification of the community consultation was provided through:

§ Newspaper advertisement in The St George and Sutherland Shire Leader

§ Exhibition notice and material on Council’s website

§ Notices in Council offices (Hurstville and Kogarah Service Centres) and Hurstville and Penshurst Libraries

§ Letter to the public authorities as specified in the Gateway Determination (refer below)

§ Letter to adjoining landowners (in accordance with Council’s Notification Procedures).

26. The following public authorities were consulted in accordance with the Gateway Determination:

§ Transport for NSW

§ Roads and Maritime Services

§ Department of Education and Communities

§ NSW Ministry of Health

§ NSW Office of Environment and Heritage

§ Sydney Airport Authority

§ Civil Aviation Safety Authority

§ Commonwealth Department of Infrastructure and Regional Development.

27. During the exhibition period twenty-one (21) submissions were received including eleven (11) from the local community and ten (10) from public authorities as detailed below and in the summary Tables in Attachment 4 and 5.

Community Submissions

28. Eleven (11) submissions were received from the community. All of these submissions were in support of the Planning Proposal. The submissions are summarised in Attachment 5.

Government Authority Submissions

29. The comments raised in the submissions received from public authorities are summarised in the Table in Attachment 4.

30. A number of submissions have raised issues/concerns which are still outstanding and have not been addressed by the Applicant. A detailed summary of these issues is included in the Table below:

Roads & Maritime Services & Transport for NSW

The RMS raised “no objection to the planning proposal as the planning proposal is (in itself) unlikely to have a significant impact on the classified road network”.

The RMS recommends that Council ensures that travel demand management measures (such as appropriate parking restraints) are investigated and incorporated into a site specific DCP or future DA to encourage the use of public and active transport.

The RMS goes on to state that:

“Council should be satisfied that an appropriate funding mechanism is in place to ensure that regional transport infrastructure improvements required as a result of the cumulative impacts of future development in the Hurstville City Centre can be provided”.

Transport for NSW “supports the comments submitted by the Roads and Maritime Services”

Transport for NSW also identifies the need for “an appropriate funding mechanism to ensure implementation of demand management strategy measures”.

Council Comments

It is noted that the issue of traffic and transport impacts and the proposal’s inconsistency with the Hurstville City Centre TMAP was raised by Council in its initial refusal of the Planning Proposal request, and both traffic and transport impacts were raised in subsequent correspondence to the Department of Planning and Environment in relation to the Pre-Gateway review process (undertaken by the Sydney East JRPP).

The issues of the adequacy of traffic and transport assessment provided in the Planning Proposal were also raised in Council’s Gateway request to the Department (10 August 2016) – Council requested that these issues be included as conditions on the Gateway Determination.

The Department’s own internal advice (Information Assessment and Recommendation Report (11 February 2016)) recommended that the Sydney East JRPP consider the following matters in preparing its advice on whether the proposal should proceed to Gateway for determination:

Requiring a traffic study to determine the cumulative impact of development on this and nearby sites that exceed the existing development controls and justify and inconsistency with the Hurstville City Centre TMAP, including consultation with TfNSW and RMS prior to exhibition.

The applicant has not addressed or responded to the issues raised by RMS and Transport for NSW.

The Hurstville City Centre TMAP 2013 identifies the key road and traffic infrastructure works required to service the future development of the City Centre. Council cannot levy a Section 94 Contribution at DA stage for road and traffic infrastructure works as the Hurstville Section 94 Development Contributions Plan 2012 does not levy for such works.

To date Council has been addressing the road and traffic infrastructure works funding by the voluntary planning agreement process. To date the Developer has not made an offer to enter into a Voluntary Planning Agreement in accordance with the Council’s VPA Policy.

The Planning Proposal results in an up-lift of the residential development potential by 555m2. This is not a significant uplift – however when assessing the cumulative impact over the Hurstville Precinct with all the uplifts proposed there is an impact which needs to be addressed.

Therefore two options are being proposed to address the road and traffic infrastructure works required by the potential development as follows:

Option 1:

Option 2:

Both options are recommended to be forwarded to the Department for consideration. This will ensure that the road and traffic infrastructure works are either funded through a VPA or are included as conditions of consent for any DA approved on the site.

NSW Office of Environment & Heritage

The Office of Environment & Heritage noted that a Statement of Heritage Impact was not submitted with the Planning Proposal.

The OEH recommends that Council give consideration to any adverse impact the proposed development would have on the heritage significance of the ‘Fire Station’, ‘Friendly Societies Dispensary Building’ and other items of local heritage significance in the vicinity of the subject site, prior to the planning proposal being finalised.

Council Comments

The adequacy of the heritage assessments provided in the Planning Proposal were also raised in Council’s Gateway request to the Department (10 August 2016); asking that these issues be included as conditions on the Gateway Determination.

The correspondence from the Department (28 September 2016) in relation to the Gateway Determination stated that:

“While the Department notes Council’s recommendation for studies in urban design, traffic, heritage and additional demand for facilities, it has determined the existing information provided is sufficient for the purpose of the planning proposal”.

In this respect Council’s DRP identified that the relationship of the proposed development to the existing heritage building and street edge is critical and that the proposed building’s interface with the existing heritage building needs further resolution and should be considered in relation to the entire street.

This aspect of the development can be considered at the design stage of a development – and be resolved through the DA process.

Comments of the St George Design Review Panel

31. In accordance with the provisions of Clause 27 of SEPP65, the Planning Proposal was referred to the St George Design Review Panel (DRP) on 9 February 2017.

32. In summary, the Panel makes the following recommendation (in part):

The Panel…… does not support the exceedance of floor space ratio or height above the JRPP recommendation. If the FSR is reduced….the area removed could approximately equate to the top three levels of the tallest part of the proposed building form. With this reduction the building height would then be similar to that of the neighbouring tall buildings, resulting in a more equitable and urbane outcome. Further design resolution as part of the DA process is required and the proposal should be referred to the Panel for consideration at that time.

33. A copy of the Minutes of the St George DRP is included as Attachment 6.

34. The following provides a summary of the comments raised by the St George DRP and Council Officers recommendations in response to the comments:

SEPP 65 Consideration	DRP Comments and Council Officers Recommendation
Context and Neighbourhood Character	Height The DRP does not support the additional height along the western boundary and has not been adequately justified, particularly in relationship to views for neighbouring properties. The proposed height of approximately 55m is not supported by the DRP and is 5m higher than the recommendation of the JRPP. The proposed height of any development on the site should be consistent with the adjoining development. *Council Recommendation:* The proposed FSR should not exceed 50m as recommended by the JRPP and this should be reflected in the Planning Proposal. FSR Increased FSR (5.75:1) is not supported and is above the recommended FSR of 5.5:1 (as recommended by the JRPP). The DRP has recommended that the distribution of floor space, number of storeys and view loss issues be reviewed as part of any future DA design. This may be an opportunity to reduce the building envelope/height. *Council Recommendation:* The proposed FSR should not exceed 5.5:1 as recommended by the JRPP and this should be reflected in the Planning Proposal Heritage The DRP has identified that the relationship of the proposed development to the existing heritage building and street edge is critical. There needs to be further consideration. The proposed building’s interface with the existing heritage building needs further resolution and should be considered in relation to the entire street. The identification of a forecourt should be reviewed to ensure that there is legibility and connectivity to a through site link. *Council Recommendation:* Further consideration at the design stage is to be given to the: § Interface between the existing heritage building and the proposed building; and § The forecourt design to ensure legibility and connectivity throughout the development Scale and massing The DRP supports the proposed massing as it improves solar access to surrounding properties and provides a view corridor across and from within the courtyard to MacMahon Street. The proposed two storey datum and scale to MacMahon Street is also supported by the DRP, any it is suggested that a “podium” building of this height be considered along the full frontage – in sympathy with the scale of the heritage building – rather than having a small courtyard adjoining it and exposing its blank side wall. *Council Recommendation:* No objection to the proposed massing and scale, subject to compliance with the maximum building height of 50m and FSR of 5.5:1.
Built Form and Context	No specific comments were provided by the DRP
Density	As outlined above the FSR should comply with the maximum of 5.5:1. *Council Recommendation:* The proposed FSR should not exceed 5.5:1 as recommended by the JRPP and this should be reflected in the Planning Proposal
Sustainability	It is considered that the proposed design demonstrates solar access to adjacent buildings and that the proposed envelopes can facilitate solar access and cross ventilation as per the ADG. This will be considered in more detail as part of any future DA. *Council Recommendation:* That this be reviewed as part of any future DA for the subject site
Landscape	The streetscape along MacMahon Street and opportunities for future street trees should be addressed as a component of any future DA Any proposed communal open space should address the following: · Interface with adjoining podiums levels. · Adequate soil depth to support tree planting to contribute to outlook and privacy between properties. *Council Recommendation:* Further consideration at the design stage is to be given to the: § Streetscape along MacMahon Street § Communal open space areas and the adequacy for deep soil planting and interface between podium levels
Amenity	The DRP has identified that this will be subject to future detailed design. *Council Recommendation:* Further consideration at the design stage is to be given to the amenity provisions of SEPP 65
Safety	The DRP has identified that this will be subject to future detailed design, however the configuration/depth and activation of any forecourt will be an important consideration. *Council Recommendation:* Further consideration at the design stage is to be given to the safety provisions of SEPP 65, particularly with respect to the design of any forecourt area.
Housing Diversity and Social Interaction	The DRP has identified that this will be subject to future detailed design. *Council Recommendation:* Further consideration at the design stage is to be given to the housing diversity and social interaction provisions of SEPP 65
Aesthetics	The DRP has identified that this will be subject to future detailed design, however consideration should be given to views to the existing fire station *Council Recommendation:* Further consideration at the design stage is to be given to the aesthetic provisions of SEPP 65, and specifically views along the street and to the existing fire station.

Voluntary Planning Agreement

35. The developer has not made an offer to enter into a Voluntary Planning Agreement (VPA) in conjunction with the Planning Proposal. Discussions have been held with the Applicant, in accordance with the Georges River Policy on Planning Agreements 2016 (VPA Policy).

36. The VPA Policy was adopted on 1 August 2016 and sets out Council’s objectives in relation to the use of planning agreements including:

- to provide an enhanced and more flexible development contributions system;

- to supplement or replace, as appropriate the application of s94 or s94A..;

- to ensure that the framework for planning agreements is consistent, efficient, fair and accountable;

- facilitate the provision of public facilities and services..”

The Policy has been consistently applied to planning proposals and development applications alike since its adoption.

37. Clause 5.3 of the Policy states that where either a planning proposal is proposed, or a development consent is sought, which will result in an exceedance of development standards, resulting in an inherent increase in value of the land or development, the concept of land value capture may be used to assess the appropriate contribution. This concept may be applied in additional to other considerations in relation to the level of the contributions.

38. Clause 5.13 of the Policy states through a formula, that Council capture fifty percent (50%) of the increase in the residual land value resulting from the planning uplift sought for a site via the Planning Proposal. In the case of this Planning Proposal, the estimated uplift in the residual land value has been calculated to be approximately $2.5 million, which 50% is $1.25 million. As such, in accordance with Council’s VPA Policy the Developer should be offering approximately $1.25 million in public benefits to Council via either public works, dedication of land or monetary contributions.

39. The Policy provides that where the developer disputes the values in the Policy, the developer can provide the Council will sufficient details, costs and valuations to determine the realistic figure for the residual land value. This has not occurred in this case.

Public Benefits

40. The Council has consistently applied the VPA Policy to Planning Proposals in the Hurstville City Centre, in order to provide public benefits that bear a relationship to the development and that are for a proper legitimate planning purpose. The key focus has been the provision of and contributions towards road and traffic infrastructure in the City Centre.

41. The Hurstville City Centre TMAP 2013 identifies the key road and traffic infrastructure works required to service the future development of the City Centre. The Hurstville Section 94 Development Contributions Plan 2012 does not levy for these roads and traffic facilities. Therefore VPA’s provide a mechanism for Council to assist in funding the delivery of this critical infrastructure within the City Centre where the proposed development has an impact on this infrastructure.

42. The proposed development under the Planning Proposal will result in an increase in traffic in the Hurstville City Centre and should therefore be contributing to the provision of this infrastructure as outlined in the TMAP. This is consistent with the public authority submissions received from RMS and TfNSW during the consultation period for the Planning Proposal. RMS state that “Council should be satisfied that an appropriate funding mechanism is in place to ensure that regional transport infrastructure improvements required as a result of the cumulative impacts of future development in the Hurstville City Centre can be provided”.

43. Therefore, a contribution under a VPA towards public benefits such as road and traffic facilities identified in the Hurstville City Centre TMAP is considered reasonable on the basis that the Planning Proposal will result in increased development in the City Centre.

44. The consistent approach followed in considering development activity in the centre is that each development contributes to the improvement of the road and traffic facilities in order to cater for increased traffic capacity. To ensure this development addresses these impacts a suggested option is that a specific clause is included into the Hurstville LEP 2012 that indicates that a consent authority is to be satisfied that the development will provide for road and traffic upgrades on the local road network and contribute to measures that encourage the use of public transport.

Conclusion and Next Steps

The Planning Proposal has been exhibited in accordance with the requirements of the Act, the Regulation and Gateway Determination, and submissions received during the exhibition period have been considered.

Council has previously advised the Department of Planning and Environment that it will not exercise it delegation for the finalisation of the Planning proposal.

If the IHAP supports this report’s recommendations, a separate report will be prepared for the next Georges River Council meeting to advise the outcomes and recommendations of this IHAP meeting and request that Council (as the ‘relevant planning authority’) resolve to support the Planning Proposal (with the two options) and the finalisation of the draft amendment to the Hurstville Local Environmental Plan 2012 in accordance with section 59 of the Environmental Planning and Assessment Act 1979.

All submitters will be advised of the Council’s decision.

ATTACHMENTS

Attachment View1	Sydney East JRPP Decision on the application
Attachment View2	Report to Council held 7 November 2016
Attachment View3	Gateway Determination dated 28 September 2016
Attachment View4	Summary of Public Authority Submissions
Attachment View5	Summary of Community Submissions
Attachment View6	Minutes of the St George DRP

Meeting:	Georges River Independent Hearing Assessment Panel (IHAP)
Date:	Thursday, 23 March 2017
Time:	4pm
Venue:	Council Chambers, Civic Centre, Kogarah
Participants:	Adam Seton (Chairperson) Gabrielle Morrish (Panel Member) Juliet Grant (Panel Member) George Vardas (Community Member)
Additional Invitees:	Meryl Bishop (Director – Environment and Planning) Tina Christy (Manager – Development and Building) Catherine McMahon (Manager – Stategic Planning) Cathy Mercer (Admin Assistant) Monica Wernej (Admin Assistant)

	Current Controls	Applicant Proposal (Original Nov 2014 and revised August 2016)	Recommended JRPP (June 2016)	Recommended
Site Area	1,112.6m²	--		--
Zone	B4 Mixed Use	B4 Mixed Use		B4 Mixed Use
FSR	4.5:1 (5,007m²)	Original: 7:1 (7,788m²) (approx. 70 apartments) Revised: 5.75:1 (6,398m²)* (approx. 60 apartments)	5.5:1 (6,119m²)	5.5:1 Including a minimum non-residential floorspace of 0.5:1
Height	40m (12 storeys)	Original: 55m (17 storeys) Revised: 50m (15 storeys)	50m (15 storeys)	50m (15 storeys)

	Public Authority	Summary of Submission	Response	Planning Proposal Recommendation
1	Roads and Maritime Services (D16/158804) 21/12/16	Roads and Maritime raises no objection as the planning proposal is (in itself) unlikely to have a significant impact on the classified road network. However, it is recommended that Council gives consideration to ensuring that travel demand management measures (such as appropriate parking restraints) for the subject planning proposal site are investigated and incorporated into a site specific DCP or future DA to encourage the use of public and active transport. RMS advises that Council should ensure that an appropriate funding mechanism is in place for allowing regional transport infrastructure improvements; required as a result of the cumulative impacts of future development in the Hurstville City Centre.	Comments noted. Refer consideration in the body of the report.	Refer consideration in the body of the report.
2	Transport for NSW (TfNSW) (D17/11290) 31/01/17	TfNSW supports the comments submitted by Roads and Maritime Services (RMS) in their letter to Council dated 21 December 2016. TfNSW notes as the planning proposal is within the Hurstville City Centre. TfNSW supports Council requiring travel demand management measures be investigated and incorporated into a site specific Development Control Plan and future Development Application. These include, but are not limited to: 1. Green Travel Plan, 2. Appropriate parking controls, 3. Bicycle facilities, and 4. An appropriate funding mechanism to ensure implementation of demand management strategy measures.	Comments noted. Refer consideration in the body of the report.	Refer consideration in the body of the report.
3	Heritage Division, NSW Office of Environment and Heritage (OEH) (D17/13887) 03/02/17	OEH notes that the subject site does not contain items listed on the State Heritage Register (SHR) and there are no SHR items in the vicinity of the subject site. However, the site adjoins a local heritage item ‘Fire Station’ (I159) listed within ‘Schedule 5 - Environmental Heritage’ of HLEP 2012 as well as another local item, ‘Friendly Societies’ Dispensary Building’ (I159) is in the vicinity. OEH notes that a Statement of Heritage Impact has not been submitted as part of the planning proposal and recommends that Georges River Council give consideration to any adverse impact the proposed development would have on the heritage significance of the ‘Fire Station’, ‘Friendly Societies Dispensary Building’ and other items of local heritage significance in the vicinity of the subject site, prior to the planning proposal being finalised.	Comments noted. Refer consideration in the body of the report.	Refer consideration in the body of the report.
4	Department of Infrastructure and Regional Development (D16/159149) 21/12/16	The Department notes that the proposal at a height of 50m above ground level would result in an approximate maximum height of 120.38m AHD. The Department understands that Council has consulted with Sydney Airport Corporation Limited (SACL) regarding this proposal, and note that SACL would be able to provide detailed information about the relevant Airspace above the site. If any subsequent buildings in the area penetrate Prescribed Airspace for Sydney Airport, they will require approval by the Department under the Airports (Protection of Airspace) Regulations 1996. Any equipment, such as cranes would also require approval under the regulations; subject to advice from the Civil Aviation Safety Authority and Airservices Australia.	Comment noted. Any future DA will be referred to Sydney Airports to ensure that the future development does not penetrate the OLS and/or the prescribed airspace	It is considered that the proposed height should not exceed 50m as recommended by the JRPP.
5	Sydney Airport Corporation Ltd. (SACL) (D16/158805) 21/12/16	SACL notes that the site lies within an area defined in schedules of the Civil Aviation (Buildings Control) Regulations, which limit the height of any temporary structure and/or equipment to 15.24 metres above existing ground height (AEGH) without prior approval of the Civil Aviation Safety Authority (CASA). A new approval must be sought in accordance with the Civil Aviation (Buildings Control) Regulations if the height of any temporary structure and/or equipment is greater than 15.24m AEGH. SACL notes that the height of the prescribed airspace at this location is 125.8 metres above AHD and the application seeks approval for the property development to a height of 125.2 metres Australian Height Datum (AHD). SACL advises that SACL does not have any objection to the erection of this development to a maximum height of 125.2 metres AHD. A new application must be submitted if it exceeds this height. SACL advises that approval to operate construction equipment (i.e. cranes) should be obtained under the Airports (Protection of Airspace) Regulations prior to any commitment to construct, in accordance with the information provided.	Noted that the Sydney Airport prescribed airspace at the location is 125.8m AHD. The changes to the development standards proposed a maximum building height on the site of 50m. With a contour height on the site of approx. 70m AHD, the proposed maximum would therefore be 120m AHD, well below the prescribed maximum of 125.8m AHD.	It is considered that the proposed height should not exceed 50m as recommended by the JRPP.
6	Sydney Metro Airports Bankstown & Camden (D16/151521) 07/07/16	The protection of airspace in the vicinity of Bankstown Airport is legislated via the Regulations that support the Airports Act 1996 and stipulates that the Obstacle Limitation Surface (OLS) and procedure for air navigation services – aircraft operations (PANS/OPS) must be protected by having those surfaces Declared as of Prescribed Airspace for Bankstown Airport. Maps showing the OLS were attached to the submission.	The Prescribed Airspace Future OLS (2013) Critical Surface Map for Bankstown Airport identifies an Outer Horizontal Surface of 156m AHD; this applies to the Subject Site. The proposed development standard maximum building height of 50m (with a contour height of approx. 70m) falls well within the 156m AHD.	It is considered that the proposed height should not exceed 50m as recommended by the JRPP.
7	Civil Aviation Safety Authority (CASA) (D16/159558) 22/12/16 and 10/02/17	CASA advises that the airspace above the site is affected by the Sydney and Bankstown Airports’ Obstacle Limitation Surfaces (OLS) and Procedures for Air Navigation Services - Airport Operations (PANS-OPS). SACL and Bankstown Airport Ltd (BAL) are responsible for the protection of the prescribed airspace (OLS and PANS-OPS) at their respective airports. CASA recommends that Council refers the planning proposal to SACL and BAL to assess any impact on the airports’ prescribed airspace and provide their assessments to CASA. CASA will then provide an obstacle hazard assessment and subsequent recommendations.	Refer above.	It is considered that the proposed height should not exceed 50m as recommended by the JRPP.
8	NSW Department of Education (D17/14525) 06/02/17	The Department of Education notes the Planning Proposal represents a potential for a minor increase in dwellings from what is currently permissible on the site and therefore the potential demand for additional education facilities in not significant. On this basis, the Department raises no concerns in relation to the Planning Proposal.	Comment noted.	No change.
9	NSW Health (D17/23106) 16/02/17	The relatively low number of new residents potentially entering the area and the impact on health services does not appear to be significant. Council is advised that SESLHD has no comment on the proposal.	Comment noted.	No change

Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1	Column 2
Locality	Description
Peakhurst	Part Lot 18 DP 31882 identified as operational land on the Land Reclassification Map.

Item:	DA No:	Address:	Description:
3.1	DA2016/0106	123 Croydon Road Hurstville	Demolition of existing structures and construction of new two storey child care centre with basement parking for thirty two (32) children
3.2	2016/0003	55A Vista Street, Sans Souci	Alterations and additions to dwelling, including additional floor and new roof and enclosure of carport and adjoining structures
3.3	PP2014/0003	29-31 MacMahon Street Hurstville	Planning Proposal PP2014/0003 - Post Exhibition Report
3.4	PP2015/0004	34 Coreen Avenue, Peakhurst	Reclassification of a part of 34 Coreen Avenue, Peakhurst

IHAP Report No	3.4	Application No	PP2015/0004
Site Address & Ward Locality	34 Coreen Avenue, Peakhurst Peakhurst Ward
Proposal	Reclassification of a part of 34 Coreen Avenue, Peakhurst
Report Author/s	Independent Assessment, Consultant Planner
Owners	Georges River Council
Applicant	Georges River Council
Zoning	R2 Low Density Residential, Hurstville LEP 2012
Date Of Lodgement	8/10/2015
Submissions	No submissions received to the public exhibition. One (1) submission received at the Public Hearing and two (2) verbal support provided at the Public Hearing
Cost of Works	N/A
Reason for Referral to IHAP	Reclassification of Land and amendment of Schedule 4 of Hurstville LEP 2012 – Report following Public Exhibition and Public Hearing

Attachment View1	Proposed Land Reclassification Map
Attachment View2	Public Hearing Report including attachments
Attachment View3	Attachment 3 to Public Hearing Report