Agenda of Georges River Local Planning Panel (LPP)

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

Page 2

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

LPP004-19 58 Argyle Street Penshurst - DA2018/0091

(Report by Team Leader Development Assessment)

LPP005-19 1 Ellen Subway Mortdale - DA2017/0570

(Report by Senior Development Assessment Planner)

LPP006-19 11A Letitia Street Oatley - DA2018/0038

(Report by Independent Assessment)

LPP007-19 2A Penshurst Street Penshurst - DA2018/0361

(Report by Development Assessment Officer)

4. Confirmation of Minutes

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 February 2019

LPP Report No	LPP004-19	Development Application No	DA2018/0091
Site Address & Ward Locality	58 Argyle Street Penshurst Mortdale Ward
Proposed Development	Construction of secondary dwelling
Owners	Mr M Van and Ms Y Y W Van
Applicant	S Nou
Planner/Architect	SN Design
Date Of Lodgement	14/03/2018
Submissions	A total of nineteen (19) submissions have been received
Cost of Works	$90,000.00
Local Planning Panel Criteria	Development is the subject of ten (10) or more unique submissions by way of objection
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Hurstville Local Environmental Plan (HLEP) 2012, Hurstville Development Control Plan, State Environmental Planning Policy 55 – Remediation of Land, State Environmental Planning Policy (BASIX) 2004, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Coastal Protection) 2018, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Draft State Environmental Planning Policy (Environment)
List all documents submitted with this report for the Panel’s consideration	Architectural Plans, Statement of Environmental Effects
Report prepared by	Team Leader Development Assessment

Recommendation

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

Summary of Evaluation under Section 4.15

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

Yes

Legislative clauses requiring consent authority satisfaction

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

Yes

Clause 4.6 Exceptions to development standards

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

Not Applicable

Special Infrastructure Contributions

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

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

Yes - Report publicly available and published on Council website prior to meeting.

Site Plan

Figure 1: Subject Site - 58 Argyle Street, Penshurst

Executive Summary

Proposal

1. The Development Application (DA) proposes the demolition of the existing deck, the relocation of the existing metal shed and the construction of a secondary dwelling at 58 Argyle Street, Penshurst.

Site and Locality

2. The site is legally identified as Lot A, DP 319134, 58 Argyle Street, Penshurst. The subject site is located on the eastern side of Argyle Street, between Nicholson Street to the south and Stoney Creek Road to the north.

3. Argyle Street to the north is a cul-de-sac with access to Stoney Creek Road available only by pedestrian access.

4. The subject allotment has a total site area of 522.6sqm (by calculation) and 518.5sqm (by title). The site has an 11.43m respective front western and rear eastern boundary, and a 45.72m respective side northern and side southern boundary.

5. The topographical fall of the site supports a fall of 3.67m, measured from the rear boundary (RL 48.87) to the front boundary (RL45.20).

6. The site currently contains a two storey residential dwelling, a detached freestanding deck and metal shed located in the rear yard. There are no significant trees located on the site that are the subject of trimming, pruning and or removal.

7. The locality generally consists of single and two (2) storey residential dwellings with ancillary structures in a low density residential setting.

Zoning and Permissibility

8. The subject site is zoned R2 - Low Density Residential under the provisions of the Hurstville Local Environmental Plan (HLEP) 2012. The proposed works are considered to be a permissible form of development with consent.

Submissions

9. The DA was neighbour notified from the 27 July 2018 until the 10 August 2018, in accordance with Hurstville Development Control Plan (HDCP) 1, Section 2 - Application Process. A total of nineteen (19) submissions and a petition of seventy (70) signatures were received against the proposed development.

10. Subject to the number of submissions received against the proposed development, the applicant submitted to Council amended architectural plans which were re-neighbour notified in accordance with Hurstville Development Control Plan (HDCP) 1, Section 2 - Application Process from the 21 November 2018 until 5 December 2018. A total of nineteen (19) submissions were received against the proposed development.

11. The following is a summary of the key points of objection and concerns raised in the submission(s), which will be discussed further in this report. The objection letter is the same letter used and signed by each concerned resident, with predominantly all the same issues, paraphrased and summarised below:

· Overdevelopment – Excessive bulk and scale;

· Proposed and future use of the dwelling;

· Overlooking;

· Inadequate landscaping;

· Recommendation (by objectors)

o Reduce bulk and total building footprint not exceeding 60sqm;

o More backyard space;

o Less likelihood that the second dwelling will be over utilised by too many tenants;

o Improved rainwater seepage into the land rather than to runoff’;

o Increase excavation by 800mm in order to reduce the height; and

o Remove the study/storage room as an elderly ‘disabled’ resident does not require a study or a storage room.

Reason for Referral to the Local Planning Panel

12. This DA is referred to the Local Planning Panel for consideration, as the DA is subject to a total of ten (10) or more unique submissions by way of objection as referenced in the s9.1 (EP&A Act 1979) Ministerial Direction of 23 February 2018.

Issues of Concern

13. The proposal has been assessed against the key planning controls contained in the Hurstville Local Environmental Plan (HLEP) 2012 and Hurstville Development Control Plan (HDCP) 1.

14. There are no areas of non-compliance against the provisions of the Hurstville Local Environmental Plan (HLEP) 2012 and Hurstville Development Control Plan (HDCP) 1.

Conclusion

15. The proposal has been assessed against the Evaluation under the provisions of Part 4.15 of the Environmental Planning and Assessment Act 1979, and is recommended for approval subject to the recommended conditions of consent.

Report in Full

Proposal

16. The Development Application (DA) proposes the demolition of the existing deck, the relocation of the existing metal shed and the construction of a secondary dwelling.

17. The secondary dwelling is to consist of one (1) bedroom, study/store room, combined amenities bathroom and laundry, entry foyer, combined living, dining and kitchen, and an attached porch and patio to the western façade.

18. The proposed site plan and elevations have been provided below, indicating, but not limiting too, the sitting, height, bulk and scale.

Figure 2: Proposed site plan – 58 Argyle Street, Penshurst

Figure 3: Proposed eastern and western elevations.

Figure 4: Proposed southern and northern elevations.

The Site and Locality

19. The site is legally identified as Lot A, DP 319134, 58 Argyle Street, Penshurst. The subject site is located on the eastern side of Argyle Street, between Nicholson Street to the south and Stoney Creek Road to the north.

20. Argyle Street to the north is a cul-de-sac with access to Stoney Creek Road available only by pedestrian access.

21. The subject allotment has a total site area of 522.6sqm (by calculation) and 518.5sqm (by title). The site has an 11.43m respective front western and rear eastern boundary, and a 45.72m respective side northern and side southern boundary.

22. The topographical fall of the site supports a fall of 3.67m, measured from the rear boundary (RL 48.87) to the front boundary (RL45.20).

23. The site currently contains a two storey residential dwelling, a detached freestanding deck and metal shed located in the rear yard. There are no significant trees located on the site that are the subject of trimming, pruning and or removal.

24. The locality generally consists of single and two (2) storey residential dwellings with ancillary structures in a low density residential setting.

25. The subject site and immediate adjoining allotments are shown in the following photographs.

Background

26. The following is a brief outline of the history of this Development Application.

27. The DA was lodged with Council on 14 March 2018.

28. The DA was neighbour notified from 27 July 2018 until 10 August 2018, in accordance with Hurstville Development Control Plan (HDCP) 1, Section 2 - Application Process. A total of nine (9) submissions and a petition of seventy (70) signatures were received against the proposed development.

29. Subject to the number of submissions received against the proposed development, the applicant submitted to Council amended architectural plans which were re-neighbour notified in accordance with Hurstville Development Control Plan (HDCP) 1, Section 2 - Application Process from the 21 November 2018 until 5 December 2018. A total of nineteen (19) submissions were received against the proposed development.

30. The following is a summary of the key points of objection and concerns raised in the submission(s), which will be discussed further in this report. The objection letter is the same letter used and signed by each concerned resident, with predominantly all the same issues, paraphrased and summarised below:

· Overdevelopment – Excessive bulk and scale;

· Proposed and future use of the dwelling;

· Overlooking;

· Inadequate landscaping;

· Recommendation (by objectors)

o Reduce bulk and total building footprint not exceeding 60m²;

o More backyard space;

o Less likelihood that the second dwelling will be over utilised by too many tenants;

o Improved rainwater seepage into the land rather than to runoff’;

o Increase excavation by 800mm in order to reduce the height; and

o Remove the study/storage room as an elderly ‘disabled’ resident does not require a study or a storage room.

31. This assessment report is based on the latest amended plans prepared by SN Design, dated 12.02.19.

PLANNING ASSESSMENT

32. The proposed development has been considered and assessed under the provisions of the Environmental Planning and Assessment Act 1979, section 4.15 Evaluation. A site inspection of the subject allotment and neighbouring properties has been conducted.

Zoning and Permissibility

33. The site is zoned R2 - Low Density Residential under the provisions of the Hurstville Local Environmental Plan (HLEP) 2012. The following is a map illustrating the zoning of the subject allotment and immediate surrounding locality.

Figure 5: Zoning map of subject allotment and surrounding locality

Relevant Planning Controls in Hurstville LEP 2012

34. The extent to which the proposal complies with the relevant standards of the Hurstville LEP 2012 is outlined in the table below.

Clause	Standard	Proposed	Complies
Part 2 - Permitted or Prohibited Development	Zoning: R2 Low Density Residential	The proposed development is permissible with consent in the zone.	Yes
Part 2 - Permitted or Prohibited Development	Objectives of the Zone: · To provide for the housing needs of the community within a low density residential environment; · To enable other land uses that provide facilities or services to meet the day to day needs of residents	The proposal is consistent with the objectives of the zone.	Yes
4.3 - Height of Buildings	9m as identified on Height of Buildings Map	The height of the secondary dwelling 3.728m	Yes
4.4 Floor Space Ratio	(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map - 0.6:1	0.56:1	Yes

Part 5 - Miscellaneous Provisions

Clause	Standard	Proposed	Complies
5.4 - Controls relating to miscellaneous permissible uses	(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater: (a) 60sqm, (b) 10% of the total floor area of the principal dwelling.	59.95sqm	Yes
5.11 - Bush Fire Hazard Reduction	Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.	The site is not affected and or located within Bushfire Prone Land.	Yes
5.10 - Heritage Conservation	Heritage impact statement required if site involves heritage item	The site is not identified as a heritage Item and neither is it located within a heritage Conservation Area.	N/A

Part 6 - Additional Local Provisions

Clause

Standard

Proposed

Complies

6.1 - Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Site not affected by acid sulphate soils.

N/A

6.4 - Limited Development on foreshore area.

(1) The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.

The site is not located and or affected by foreshore area.

Yes

6.7 - Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water,

(b) the supply of electricity,

(d) stormwater drainage or on-site conservation,

(e) suitable road and vehicular access.

The proposed development is considered to satisfy the essential service. The site has the following provisions:

The supply of water, electricity, management of sewage, stormwater drainage and suitable road and vehicular access.

Yes

Issues of Concern Regarding Compliance with Hurstville LEP 2012

35. There are no issues and or concerns regarding compliance with the Hurstville Local Environmental Plan (HELP) 2012.

State Environmental Planning Policies

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

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment	Yes
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004	Yes
State Environmental Planning Policy No 55 - Remediation of Land	Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017	Yes
State Environmental Planning Policy (Coastal Management) 2018	Yes

Deemed State Environmental Planning Policy – Georges River Catchment

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

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

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

State Environmental Planning Policy No 55 - Remediation of Land

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

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

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

Draft Remediation of Land SEPP

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

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

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

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

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

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

47. The Vegetation SEPP applies to clearing of:

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

b) Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the Council’s Development Control Plan (DCP).

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

49. The proposed development does not involve the removal of any significant tress or vegetation. In this regard, the provisions of this SEPP are considered to be met.

State Environmental Planning Policy (Coastal Management) 2018

50. SEPP (Coastal Management) 2018 updates and consolidates three previous SEPPs (SEPP 14 Coastal Wetlands, SEPP 26 Littoral Rainforests, SEPP 71 Coastal Protection) into one new Policy and is a matter for consideration for the current DA.

51. Under SEPP (Coastal Management) 2018, the subject site is not identified as being affected by the Coastal Environment area and or the Coastal Use area.

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

Draft Environment SEPP

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

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

· Changes proposed include consolidating the following seven existing SEPPs:

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

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

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

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

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

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

54. The proposal is consistent with the provisions of this Draft Instrument.

Development Control Plans

Hurstville Development Control Plan 1

55. The proposed development has been assessed against the requirements of Hurstville Development Control Plan (HDCP), Part 4.6 Secondary Dwellings, as indicated in the following table.

Clause	Requirement	Proposed	Complies
Site Area
PC1. Site area and frontage is adequate to enable development that incorporates adequate setbacks, efficient car parking and vehicle access and circulation and achieves a density that is consistent with low density suburban environments	DS1.1 Minimum site area is 450sqm	522.6sqm (by calculation) 518.5sqm (by title) For the purpose of this report, the site will be considered to have 518.5sqm (by title).	Yes
Floor Area
PC2. The size of the secondary dwelling maintains a domestic scale and character and is less than the dwelling house	DS2.1 The maximum floor area is 60sqm, or 10% of the total floor area of the dwelling house, whichever is greater.	59.95sqm	Yes
Building Height
PC3. Building height:	DS3.1 Maximum building height is 1 storey. DS3.2 The minimum floor to ceiling height is 2.4m. DS3.3 The maximum floor to ceiling height is 3.6m.	Proposed single storey 2.5m 2.5m Objectives: The secondary dwelling is not greater than the height of the main dwelling house, is compatible with the existing or desired future character of the area and does not detract from existing low rise streetscapes. The secondary dwelling respects the site’s natural topography, creates functional and high amenity internal spaces and enables adequate solar access to the principal private open space of the development and adjoining sites.	Yes Yes Yes Yes
Setbacks
PC4. Setbacks:	DS4.1 The minimum setback to side and rear boundaries is 900mm. DS4.2 The secondary dwelling is setback behind the main building face to a primary of secondary street.	Northern side boundary setback: 900mm Southern side boundary setback: 900mm Rear eastern boundary setback: 1000mm The secondary dwelling is setback behind the main building face to the primary street.	Yes Yes Yes Yes
Car Parking
PC5. Car parking:	DS5.1 Car parking is located behind the main building face to primary or secondary streets. DS5.2 Car parking requirements for the principal dwelling must still be achieved. DS5.3 Car parking does not interfere with the parking and movement of vehicles associated with the dwelling house.	The proposed secondary dwelling does not affect the existing car parking provisions of the site. Existing double garage. The secondary dwelling does not interfere with the parking movement of vehicles associated with the dwelling house.	Yes Yes Yes
Landscape Open Space
PC6. Landscaped open space is provided on site and:	DS6.1 The landscaped area for a secondary dwelling is shared with the principal dwelling. DS6.2 The minimum amount of landscaped open space on a site outside the FSPA is 20% of the site area. DS6.3 The minimum amount of landscaped open space on a site inside the FSPA is 25% of the site area.	The landscape area for the secondary dwelling is shared with the principal dwelling. 109.2sqm (21.0%) Not located within FSPA	Yes Yes Yes
Subdivision
PC7. To ensure that secondary dwellings are related to the dwelling house.	DS7.1 Subdivision of secondary dwellings is not permitted.	Subdivision has not been proposed as part of this application.	Yes
Stormwater
PC8. Stormwater detention is provided on site and:	DS8.1 Stormwater management is in accordance with the provisions contained in Section 4.4 Dwelling Houses on Standard Lots – PC.11.	The proposed development was referred to Council’s Development Engineering Department who have deemed the application satisfactory subject to conditions of consent.	Yes

56. As demonstrated in the table above, the proposal has been comprehensively assessed against the relevant requirements of Part 4.6 Secondary Dwellings of Hurstville Development Control Plan 1.

57. There are no non-compliances and or breaches of the Hurstville Development Control Plan (HDCP) 1.

IMPACTS

Natural and Built Environment, Social and Economic Impacts

58. It is considered the proposal will not have an unreasonable impact on the character of the locality, and also the amenity of neighbouring residential properties.

Suitability of the site

59. The site is zoned R2 - Low Density Residential. The proposal is a permissible form of development in this zone. The proposal will not have an unreasonable impact on the adjoining properties. The site is not subject to any natural constraints such as land slip or flooding that would render it as unsuitable for the proposed development.

SUBMISSIONS AND THE PUBLIC INTEREST

60. The DA was neighbour notified from 27 July 2018 until 10 August 2018, in accordance with Hurstville Development Control Plan (HDCP) 1, Section 2 - Application Process. A total of nineteen (19) submissions and a petition of seventy (70) signatures were received against the proposed development.

61. Subject to the number of submissions received against the proposed development, the applicant submitted to Council amended architectural plans which were re-neighbour notified in accordance with Hurstville Development Control Plan (HDCP) 1, Section 2 - Application Process from the 21 November 2018 until 5 December 2018. A total of nineteen (19) submissions were received against the proposed development.

62. The following is a summary of the key points of objection and concerns raised in the submission(s), which will be discussed further in this report. The objection letter is the same letter used and signed by each concerned resident, with predominantly all the same issues, paraphrased and summarised below:

· Overdevelopment – Excessive bulk and scale;

· Proposed and future use of the dwelling;

· Overlooking;

· Inadequate landscaping;

· Recommendation (by objectors)

o Reduce bulk and total building footprint not exceeding 60sqm;

o More backyard space;

o Less likelihood that the second dwelling will be over utilised by too many tenants;

o Improved rainwater seepage into the land rather than to runoff’;

o Increase excavation by 800mm in order to reduce the height; and

o Remove the study/storage room as an elderly ‘disabled’ resident does not require a study or a storage room.

63. A total of nineteen (19) submissions have been received against this DA. The issues of concern have been summarised and discussed as follows.

64. Over Development - Excessive bulk and scale

Concerns have been raised by the objectors that:

(a) The actual footprint of the proposed development exceeds 60sqm noting that it also includes a covered portico and entry area (estimated at least to be 16sqm).

(b) This development creates implications for street parking in an already space limited cul-de-sac.

65. Assessment Officer’s Comment: Although the actual footprint of the proposed development exceeds 60sqm the legislative requirement stipulates a maximum floor space for secondary dwellings to be no greater than 60sqm. The State Policy provides that the floor area is calculated to the external walls of the building but will exclude any part of an awning, blind or canopy that is outside the outer wall of a building.

66. The proposed secondary dwelling complies with the floor space controls. In addition there are no requirements that stipulate designs of secondary dwellings that must have car parking availability – in fact the State Policy stipulates that the development cannot be refused on the grounds of no parking (Clause 22(4)(b) SEPP ARH 2009). The proposed development does not affect the existing car parking provisions to the primary dwelling. The additional garbage bins will typically be placed on the Council’s verge for a once a week scheduled collection. It is not considered that the placement of additional garbage bins on the verge will significantly affect to immediate locality.

67. Proposed and Future use of this Dwelling

Concerns have been raised by the objectors that:

(a) The additional dwelling is proposed for the use by an ageing resident at 58 Argyle Street. Our greater concern is the future use of this secondary dwelling for rental purposes and the impact that this will have.

(b) The proposed dwelling has 3 rooms. Only two of those rooms will be lived in. The third room is a spare. This is excessive for the use by an ageing resident, especially given the limited land size.

68. Assessment Officer’s Comment: Secondary dwellings are an affordable way to provide space for additional family members, such as elderly parents or adult children, while maintaining some level of independence. They can offer greater choice of housing and the chance to provide affordable rental opportunities. Secondary dwellings offer a diverse and affordable housing solution and are a popular development option. Notwithstanding this, there are no controls that stipulate a secondary dwelling cannot be used for elderly, adult children and or for the purposes of rental accommodation. The applicant has provided a floor layout that complies with the maximum 60sqm floor area, therefore considered acceptable.

69. Overshadowing

Concerns have been raised by the objectors that:

(a) The floor level has been established by reference to the high point of the site (towards the rear). This means on the western side the floor level is well above natural ground level (approximately 800mm).

(b) The building bulk and visual impact is greater than if the dwelling was “sunk” down towards the rear of the site. Any reduction here would also reduce overshadowing of neighbouring properties.

70. Assessment Officer’s Comment: The secondary dwelling has been reduced 800mm in height, minimising the effects of solar amenity, height, bulk and scale.

71. Inadequate Landscaping

Concerns have been raised by the objectors that:

(a) There is minimal landscaping. This is not a sympathetic design response and is not consistent with relevant DCP objectives set out further below.

(b) We further submit that the proposal does not meet the 20% of the land required as “landscaped area” as per the DCP.

72. Assessment Officer’s Comment: Council’s Development Control states that a minimum of 20% of the site must be landscaped. The site (as identified on the survey plan) has a total site area of 518.5sqm (by title). Therefore 20% of 518.5sqm is equal to 103.7sqm and the development of the secondary dwelling will result in the minimum 20% landscape.

REFERRALS

Council Referrals

73. Drainage Engineer

Council’s Drainage Engineering Department has reviewed the proposed development and have considered the works as satisfactory subject to the recommended conditions of consent.

74. Geographical Information System

Council’s Geographical Information Department have reviewed the proposed development and have considered the works as satisfactory subject to the recommended conditions of consent.

CONCLUSION

75. The proposal has been assessed using the evaluation listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is considered to be satisfactory and recommended for approval subject to conditions, as discussed throughout this report.

76. The DA has been notified to neighbours on two (2) occasions. Submissions have been received from a number of adjoining owners, but in particular, the adjacent owners. The main issues of concern related to bulk, scale and over development. The proposed development does not breach any controls under the provisions of Hurstville Local Environmental Planning 2012 and or Hurstville Development Control Plan.

77. In this regard, it is considered that the issues of concern that have been raised do not warrant refusal of the DA. Appropriate conditions of consent are recommended.

78. The proposal has been assessed against the provisions of Hurstville LEP 2012 and Hurstville DCP, no areas of non-compliance have been identified.

79. The proposal is considered to be appropriate when assessed against the applicable planning controls.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

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

2. The proposed development will not have an unreasonable or adverse impact upon the natural or built environments.

3. The issues of concern raised by the neighbours do not warrant refusal and/or can be ameliorated via conditions of consent.

4. In consideration of the aforementioned reasons, the proposed development is a suitable built form outcome for the site and its approval is not contrary to the public interest.

Determination

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended) the Council approves Development Application DA2018/0091 for the construction of a secondary dwelling at Lot A, DP 319134, and known as 58 Argyle Street, Penshurst, subject to the following conditions:

GENERAL CONDITIONS

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

Description	Dwg No.	Date	Issue	Prepared by
Site Plan	ARGY-01	10.11.18	B	SN Design
Roof Plan	ARGY-07	12.02.19	A	SN Design
Floor Plan	ARGY-02	10.11.18	B	SN Design
Elevations & Section	ARGY-03	10.11.18	B	SN Design
Landscape Plan	ARGY-06	10.11.18	B	SN Design

SEPARATE APPROVALS REQUIRED UNDER OTHER LEGISLATION

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

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

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

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

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

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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

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

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

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

Fee Type	Fee
GENERAL FEES
Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation. See https://portal.longservice.nsw.gov.au/bci/levy/
Builders Damage Deposit	$1,900.00
Inspection Fee for Refund of Damage Deposit	$155.00

General Fees

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

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

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

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

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

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

6. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 906101S must be implemented on the plans lodged with the application for the Construction Certificate.

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

8. External Colour Scheme - The external colour scheme is to comprise predominantly tones in keeping with the existing residential dwelling. Schedule of external finishes an colours to be submitted to the PCA prior to the release of the Construction Certificate.

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

(a) The drainage plan does not show the On Site Detention System. On site Detention system shall be designed in accordance with Council’s DCP1, Appendix 2 accompanied by a certificate from a suitably qualified engineer (registered on the NER of Engineers Australia or equivalent). Rainwater tank may be utilised for the OSD in addition to rainwater reuse

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

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

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

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

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

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

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

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

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

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

12. Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Certifying Authority prior to the issue of any Construction Certificate.

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

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

(a) All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

(b) All overflows of roof waters from any rainwater tank shall drain by gravity to Council’s kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

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

(d) Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

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

Dwelling Description on Plans	Lot Number	Secondary Address Allocated
Proposed Secondary Dwelling	Lot A, DP 319134	58A Argyle Street, Penshurst

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

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

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

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

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

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

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

Full details shall accompany the application for the Construction Certificate

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

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

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

18. 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.

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

(a) Set out before commencing excavation.

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

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

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

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

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

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

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

DURING CONSTRUCTION

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

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

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

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

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

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

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

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

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

Restrictions on Use of Land

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

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

Positive Covenants

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

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

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

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

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

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

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

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

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

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

27. Maintenance Schedule – On-site Stormwater Management - A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

28. Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and certification must be forwarded to the PCA and Council, from a professional engineer specialising in hydraulic engineering.

This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the PCA.

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

(a) The location of any detention basin/s with finished surface levels;

(b) Volume of storage available in any detention areas;

(d) The orifice size/s.

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

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

(b) Work as Executed Plans prepared by a Chartered Professional Engineer or a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate

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

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

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

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

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

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

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

OPERATIONAL REQUIREMENTS UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

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

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

a. appointed a PCA for the building work; and

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

If the work is not going to be undertaken by an Owner - Builder, the applicant must:

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

d. notify the PCA of the details of any such appointment; and

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

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

33. Notification of Critical Stage Inspections - No later than two days before the building work commences, the PCA must notify:

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

g. the applicant of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

34. Notice of Commencement - The applicant must give at least two days’ notice to the Council and the PCA of their intention to commence the erection of a building.

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

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

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

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

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

An Occupation Certificate Application Form is attached for your convenience.

PRESCRIBED CONDITIONS

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

39. 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.

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

41. 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.

42. 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.

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

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

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

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

NOTES/ADVICES

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

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

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

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

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

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

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

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

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

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

(b) In the Application Form, quote the Development Consent No.

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

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

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

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

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

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

52. Noise - Noise related conditions

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

Useful links relating to Noise:

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

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

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

- Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php).

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

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

ATTACHMENTS

Attachment ⇩1	Roof (Site) Plan - 58 Argyle Street Penshurst
Attachment ⇩2	Elevations - 58 Argyle Street Penshurst
Attachment ⇩3	Landscape Plan - 58 Argyle Street Penshurst

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

Page 44

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 February 2019

LPP Report No	LPP005-19	Development Application No	DA2017/0570
Site Address & Ward Locality	1 Ellen Subway Mortdale Mortdale Ward
Proposed Development	Demolition and construction of a 7 storey mixed use development comprising ground floor commercial space, 38 residential units, basement parking including associated access work over RailCorp owned land
Owners	Colin Joseph Duff and RailCorp
Applicant	Urbanlink Pty Ltd
Planner/Architect	Architect – Mr. Ziad Boumelhem (Reg-8008), Planning Consultant – Planning Ingenuity
Date Of Lodgement	20/11/2017
Submissions	13 submissions were received with one containing 94 signatures
Cost of Works	$10,465,359.00
Local Planning Panel Criteria	Development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land; Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013
List all documents submitted with this report for the Panel’s consideration	Survey Plan, Architectural Plans, Concept Drainage Plan, Statement of Environmental Effects
Report prepared by	Senior Development Assessment Planner

Recommendation

THAT the application be granted deferred commencement approval in accordance with the conditions included in the report.

Summary of matters for consideration under Section 4.15

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

Yes

Legislative clauses requiring consent authority satisfaction

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

Yes

Clause 4.6 Exceptions to development standards

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

Not Applicable

Special Infrastructure Contributions

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

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

No, however will be available for review once the application is published.

Site Plans

The outline of the development site in red.

The land owned by Railcorp.

The site incorporating the development site and the Railcorp land.

Executive Summary

Proposal

1. Council is in receipt of an application for the demolition of existing structures and construction of a seven storey mixed use development comprising a ground floor commercial tenancy, 38 residential units, basement car parking for 48 spaces and a loading bay, landscaping and drainage work on Lot 1 DP 432712 known as 1 Ellen Subway, Mortdale

Site and Locality

2. The subject site is a triangular shaped site located on the south western side of Ellen Subway, adjoining Mortdale Station being the Eastern Suburbs and Illawarra Train Line located to the north west of the development site. RailCorp owns the entirety of Ellen Subway including a small stretch of land extending along the entire north western boundary of the subject site (see site plans above).

Historically, the subject site has had no access to a Public Road.

3. As a result, RailCorp has issued land Owner’s consent and concurrence for the subject application, and seeks to enter into a perpetual licence agreement with Georges River Council for the transfer of this land being Ellen Subway and its dedication as a Roadway.

4. The proposed development has been referred both internally and externally to the relevant bodies for comment including the Design Review Panel at its meeting of 8 February 2018 and amendments made accordingly.

Zoning and Permissibility

5. The site is zoned B2 Local Centre under Kogarah Local Environmental Plan 2012 and the proposal is a permissible form of development with Council consent. The proposed development satisfies the relevant objectives contained within the KLEP 2012 and complies with the relevant requirements, however seeks a variation to the minimum building separation requirements as referenced in the Apartment design Guidelines (ADG). This variation is discussed in details within the main body of the report.

Submissions

6. The application was notified for 14 days in accordance with Council’s Development Control Plan (DCP) requirements, 13 submissions were received with one containing the signatures of 94 individuals. The issues raised in the submission relate to potential loss of visual amenity, bulk and scale, traffic congestion, pedestrian safety, notification process, heritage and parking.

Conclusion

7. The proposal has a capital investment of value of $9,315,186 and the Local Planning Panel is the consent authority in this circumstance as the works are subject to the State Environmental Planning Policy No 65 – Design Quality for Residential Apartment Development.

8. The application is considered to have addressed the design intent for development within this zone, the proposal with the exception of the building separation non-compliance of the Apartment Design Guideline, the application is considered to be appropriate for the site and is recommended for support subject to deferred commencement and standard conditions of consent.

9. Development Application DA2017/0570 is recommended for determination as deferred commencement to affect the land transfer prior to the development being undertaken on site.

Report in Full

Proposal

10. The proposed development seeks approval for the demolition of existing structures and construction of a seven storey mixed use development comprising a ground floor commercial tenancy, 38 residential units, basement car parking for 48 spaces and a loading bay, landscaping and drainage work on Lot 1 DP 432712 known as 1 Ellen Subway, Mortdale. Specifically, the proposed development will contain the following:

Lower Basement:

§ Parking for 16 cars

§ Individual resident’s storage space

§ Plant rooms

§ 2 Lift cores and fire stairs

Upper Basement:

§ Parking for 26 cars (including 4 adaptable spaces)

§ Parking for bicycles

§ Parking for motorbikes

§ Individual resident’s storage space

§ Plant room

§ 2 Lift cores and fire stairs

Ground Floor Plan:

§ 253sqm of commercial area in a single tenancy

§ Parking for 6 cars (including 1 adaptable Space)

§ Residential entry and lobby

§ Plant and services areas

§ Loading dock/service area

§ Commercial waste and recycling bin storage areas

§ Residential waste and recycling bin storage areas

§ Parking for bicycles

§ Parking for motorbikes

§ A chair lift access from street level to ground floor level due to the slope in land

Levels 1, 2 and 3:

§ 7 x 2 bedroom units per level

§ Lift lobby/circulation corridor and fire stairs

§ Access to communal open space is at first floor level

Levels 4 and 5:

§ 2 x 1 bedroom and 4 x 2 bedroom units per level

§ Lift lobby/circulation corridor and fire stairs

§ Communal open space on level 4 (162.9sqm)

Levels 6:

§ 4 x 2 bedroom and 1 x 3 bedroom units

§ Lift lobby/circulation corridor and fire stairs

3 D Perspective - of proposed design as amended

The Site and Locality

11. The site is legally identified as Lot 1 DP 432712 and commonly known as 1 Ellen Subway Mortdale NSW, 2223.

The site is triangular in shape and located on the south western side of Ellen Subway.

12. The site has an area of 1,315sqm with 36.125m frontage to Ellen Subway, 79.87m north western boundary adjacent to the Railway line and 73.15m side boundary adjacent to properties fronting Railway Parade.

13. Adjoining the subject site from north west (side), Mortdale Station being the Eastern Suburbs and Illawarra Train Line and adjoining the site to the south east, are the rear yards of 83 to 93 Railway Parade Mortdale containing a mix of single and two storey dwellings with some attached and detached outbuildings (85-87 has been approved on 29 August 2018 for a 6 storey mixed use development with basement parking). 89-91 Railway Parade Mortdale is the subject of a current development application for a 6 storey mixed use development containing 17 apartments fronting Railway Parade (DA2018/0439).

Site and surrounding development

14. The subject site inclusive of all adjoining properties to the south east are zoned B2 with permissible height of 21m and permissible Floor Space Ratio of 2.5:1 under the provisions of KLEP 2012.

Zoning map of the locality

15. Opposite the site being the north-eastern side of Ellen Subway is an RE1 public recreation zone interface containing landscaped open space with Rosemont Avenue beyond.

16. The site is an elevated triangular platform, approximately 6m above street level with a landscaped embankment to Ellen Subway following excavation to create the railway underpass. There is a gentle 200mm slope within the allotment boundaries.

View of site from Ellen Subway

View of railway underpass from Ellen Subway where subject site to the left (source: SEE)

View of site from Mortdale Railway Track showing the site’s north western side boundary (source: SEE)

17. Existing improvements onsite consist of a two storey brick dwelling, a single storey building, carport and other scattered outbuildings.

18. The existing vegetation onsite consists of the following:

· 2 x trees onsite along the north eastern front boundary;

· 12 trees along the western side boundary within land identified as PT1 DP 1181159 being land owned by Sydney Trains along the Mortdale Railway line; and

· 24 various sized trees situated within the front embankment area to the north east, immediately forward of the property frontage along Ellen Subway, also owned by Sydney Trains.

Survey plan of the site

Background

19.

17 Nov 17 Application DA2017/0570 lodged.

21 Nov 17 Proposal been referred internally and externally to Building, Health, Traffic, Stormwater, Waste, GIS and Arborist and externally to Ausgrid and Sydney Trains.

28 Nov 17 Proposal notified for 14 days attracting two (2) submissions.

1 Feb 18 Application referred to Design Review Panel (DRP) for assessment and discussed at DRP meeting held on 8 February 2018.

16 Feb 18 Minutes of Design Review Panel meeting sent to applicant to address issues.

4 Apr 18 Request sent to RailCorp to clarify land ownership surrounding the subject site.

10 Apr 18 Application re-referred to Sydney Trains for concurrence.

16 Apr 18 Sydney Trains requested a geotechnical report, a detailed stormwater and survey plan to the satisfaction of Clause 86 of the Infrastructure SEPP 2007.

30 May 18 Additional information submitted to address Sydney Trains requirements.

6 Sep-7 Dec 18 Eleven (11) additional submissions were received with one containing 94 signatures.

17 Jan 19 Formal request to Sydney Trains sent requesting owner’s consent to be provided.

18 Jan 19 RailCorp owner’s consent and Sydney Trains concurrence is formally granted subject to attainment of perpetual licence agreement for the transfer of Ellen Subway to Council and its dedication as a Public Road.

STATUTORY FRAMEWORK

Environmental Planning and Assessment Act 1979 (as amended)

20. The proposal has been assessed and considered against the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act), the objects of the EP&A Act, and the principles of ecologically sustainable development as follows:

Objects of the EP&A Act

21. Consent authority is required to consider the objects in Section 1.3 of the EP&A Act when making decisions under the Act. Council has considered the object of the EP&A Act in the Table below and is satisfied that the proposal complies with all objects.

Objects of the EP&A Act	Proposal	Complies
(a) to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources	The proposal results in the urban infill development of a mixed use development Mortdale providing additional commercial and housing for the locality.	Yes
(b) to facilitate ecologically sustainable development by integrating relevant economic, environmental, and social considerations in decision-making about environmental planning and assessment	This report has considered the proposal against the principles of ESD and is considered acceptable.	Yes
(c) to promote the orderly and economic use and development of land	A detailed merit assessment is provided in this report.	Yes
(d) to promote the delivery and maintenance of affordable housing	The proposal provides 38 apartments and 1 x commercial space to the housing market. The proposal has been amended to reflect a diverse apartment mix including 1 bed plus study, 2 and 3 bedroom apartments.	Yes
(e) to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats	The site is located adjacent to Mortdale station and within an area that has recently been up-zoned into B2 – Local Centre precinct. The proposal is not considered to result in adverse impacts to threatened and other species of native animals and plants, ecological communities and their habitats.	Yes
(f) to promote the sustainable management of built and cultural heritage	The proposal is considered as having no detrimental impacts upon heritage items within the vicinity of the site.	Yes
(g) to promote good design and amenity of the built environment	This report assesses the proposal’s design and amenity against SEPP 65, the ADG Guidelines and KDCP 2013.	Yes
(h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants	The proposal will achieve this object by complying with Council’s recommended consent conditions relating to construction phase of the development.	Yes
(i) to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State	The proposal is a local development with a CIV below the threshold of being regional development and therefore the Local Planning Panel is the consent authority via the Ministerial Direction of 28 February 2018.	Yes
(j) to provide increased opportunity for community participation in environmental planning and assessment	The submissions section of this report outlines Council’s public exhibition of the proposal, including public submissions. The submission section also sets out details of Council’s consideration of the key issues raised in the public submissions.	Yes

Ecologically Sustainable Development (ESD)

22. The Act adopts the definition of ESD found in the Protection of the Environment Administration Act 1991. Section 6(2) of that Act states that ESD requires the effective integration of economic and environmental considerations in decision-making processes and that ESD can be achieved through the implementation of:

(a) the precautionary principle

(b) inter-generational equity

(c) conservation of biological diversity and ecological integrity

(d) improved valuation, pricing and incentive mechanisms

23. Council has assessed the proposed development in relation to the ESD principles and has made the following conclusions:

(a) Precautionary Principle – the site has been appropriately planned for development and will not result in any serious or irreversible environmental damage.

(b) Inter-Generational Equity – the proposal will not have unreasonable impacts on the environment for future generations.

(c) Biodiversity Principle – the site is within a highly urbanised area and contains no known significant flora or fauna.

(d) Valuation Principle – the proposal includes a number of energy, water, and waste reducing measures to reduce the ongoing cost, resource, and energy requirements of the development.

Section 4.15 Assessment

(1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument

24. The proposal has been considered under the relevant statutory provisions as per below:

· Kogarah Local Environmental Plan 2012.

· State Environmental Planning Policy No 55 – Remediation of Land.

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

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

· State Environmental Planning Policy (Infrastructure) 2007.

· State Regional Environmental Plan No 2 – Georges River Catchment.

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

· Draft Environment State Environmental Planning Policy.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent

25. Comment: There are no applicable Proposed Environmental Planning Instruments

(iii) any development control plan, and

26. The applicable Development Control Plans to the proposed development are:

· Kogarah Development Control Plan 2013.

· Kogarah Section 94 Contribution Plan.

(iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and,

27. Comment: There is no planning agreement proposed.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

28. Comment: There are no further prescribed matters under the Regulations apart from compliance with the National Construction Code (BCA).

(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,

29. Comment: The proposal is not considered to have any unreasonable impacts upon the natural and built environment. It has been considered in context with the future surrounding development essentially defining this specific locality as part of the recent rezoning of this part of Mortdale as adopted by the former Kogarah Council.

Additionally, the proposal is considered to contribute positively to the social and economic dimensions sought to be achieved within this precinct.

(c) the suitability of the site for the development,

Comment: The site has no impediments that would preclude it from being suitable for the proposed development.

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

30. Comment: The proposal has been notified and all submissions received are discussed in detail under the submissions and referral section of this report.

(e) the public interest.

31. Comment: The proposal satisfies the applicable EPI’s and object of the Act and accordingly is considered to be within the Public interest.

Environmental Planning and Assessment Regulations 2000 (EP&A) Regulation 2000

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

State Environmental Planning Policies

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

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

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

35. All stormwater from the proposed development will be managed by the proposed stormwater system and will be treated in accordance with Council’s water management Policy and therefore satisfies the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment.

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

36. The State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, replaces the repealed Clause 5.9 of KLEP 2012 (Preservation of Trees and Vegetation). The intent of this SEPP is consistent with the objectives of the repealed Standard where the primary aims/objectives are related to the protection of the biodiversity values of trees and other vegetation on site.

37. In this instance, the development is consistent with the provisions of the SEPP and the site is free of any vegetation of any botanical significance.

38. A landscape strategy is designed and submitted prepared by Total Concept Landscape Architects and satisfies the SEPP. The vegetation along the rail corridor will remain in place.

State Environmental Planning Policy – Building Sustainability Index BASIX– 2004 (SEPP BASIX) 2004

39. A BASIX Certificate No 0002178660 prepared by Thomas Ruck has been issued for the proposed development as revised.

State Environmental Planning Policy 55 – Remediation of Land

40. SEPP 55 applies to the land and Clause 7 stipulates that a consent authority must not consent to the carrying out of any development on land unless it has considered matters for consideration contained in Clause 7.

41. According to Council’s records, the site has been used for residential purposes only, as such, there is no reason to suspect the site may have been subjected to contamination.

42. Notwithstanding, the application is accompanied by a Geotechnical Investigation Report which determines if the subject site is suitable for the proposed residential use. Report number P1343_01, dated 25 October 2017) prepared by Morrow Geotechnics Pty Ltd recommends that certain procedures be undertaken prior to any development/earthworks and further review prior to construction is required.

State Environmental Planning Policy (Infrastructure) 2007

43. The proposed development is subject to Clause 85, Clause 86 and Clause 87 of the SEPP (Infrastructure) as the subject site is located adjacent to Eastern Suburbs and Illawarra Railway Line.

44. The applicant has submitted all the necessary structural data, excavation methodologies and cross sectional survey data extending to the track line to the satisfaction of the SEPP based on which Sydney Trains have issued their concurrence accordingly. The structural detailed report prepared by Xavier Knights Consulting Engineers dated 30 May 2018 Ref No. 180416.

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

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

Clause	Standard	Proposal	Complies
3 - Definitions	Complies with definition of “Residential Apartment Development” (RAD)	Complies with definition for the residential component above the ground floor commercial tenancy.	Yes
4 - Application of Policy	Policy applies to RFB, Shop Top Housing or Mixed use Development with residential accommodation component a) if it consists of · Erection of new building · Substantial redevelopment or refurbishment of existing building, · The conversion of an existing building b) must have 3 storeys or more excluding below ground levels or levels =<1.2m above existing ground level Must contain at least 4 or more dwellings	Erection of a new 7 storey Mixed use development consisting of: 253sqm of commercial and, 38 residential apartments 2 levels of basement for 48 vehicle and a separate loading bay.	Yes
5 – Development Applications	Design verification statement provided by qualified designer Registered Architect Name and Registration No.	Design Verification Statement provided by Registered Architect Mr Ziad Boumelhem (Registration No 8008).	Yes

Part 2 Design Quality Principles under the SEPP

Clause	Standard	Proposal	Complies
1 – Context and neighbourhood character	Good design responds and contributes to its context (e.g. natural and built features of an area)	Proposed development has been designed to respond to its context and the surrounding future residential development.	Yes
2 – Built form and scale	Good design provides an appropriate scale in terms of the existing and desired future character and built form that suits the scale of the street and surrounding buildings	The proposed development provides an appropriate scale in relation to the relevant requirements relating to floor space ratio and height of buildings. In reference to the nil boundary separation along the south eastern side, it is considered to be well integrated with the adjoining future development fronting Railway Parade given the site triangular shape. If strict compliance is exercised it would result in a very narrow building form particularly as it adjoins the railway track from the opposite side.	Yes
3 - Density	Good design has a density appropriate for a site and its context, in terms of projected population and can be sustained by existing and proposed infrastructure	Proposed development complies with the floor space ratio requirements. Noting, that proposed access hallways to all units on each floor are open sided with balustrades which is defined as a breezeway, therefore excluded from FSR calculations and satisfies the definition of Gross Floor Area.	Yes
4 – Sustainability	Good design combines positive environmental, social and economic outcomes. Includes use of natural cross ventilation and sunlight, recycling and reuse of materials and waste, use of sustainable materials and deep soil zones	The proposed development provides appropriate outcomes for sustainability, through energy efficiency measures, landscape open space areas, cross ventilation and sunlight.	Yes
5 - Landscape	Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity, enhances the development’s environmental performance, optimises useability, privacy and opportunities for social interaction, equitable access, and practical management	Landscaping of the site will be in the form of communal open space areas and a 2-3m wide deep soil zone to the setback which fronts Ellen Subway and the rear south western corner of the site. Further landscaping is proposed on the level 1 and 4, with deep soil located on the ground level with ramped access from level 1. Privacy is preserved to adjoining approved development fronting Railway Parade from the level 1 and 4 communal open space.	Yes
6 - Amenity	Good design influences internal and external amenity for residents and neighbours	The proposed development mitigates noise impacts with the location of balconies directed away from the adjoining railway track whilst maintaining good solar access from the northern aspect of the site.	Yes
7 – Safety	Good design optimises safety and security, both internal to the development and for the public domain	The proposed development has had regard to crime prevention principles.	Yes
8 –Housing diversity and social interaction	Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets. Includes different types of communal spaces for social interaction	The proposed development provides apartments with a variety of bedroom numbers and design layouts. Two communal open space areas have been provided which will be accessible to all residents on Level 1 and on level 4.	Yes
9 - Aesthetics	Good design achieves a built form that has a balanced composition of elements, a variety of materials, colours and textures and responds to the future local context	The design of development and proposed external materials and finishes are appropriate. The proposed development results in a satisfactory architectural outcome.	Yes

Clause 30 – Consideration of Apartment Design Guide

46. SEPP 65 refers to some parts of the Apartment Design Guide that must be applied when assessing development applications. Objectives, design criteria and design guidance in Parts 3 and 4 of the Apartment Design Guide that are referred to in SEPP 65 will prevail over any inconsistent DCP control. Parts 3 and 4 set out objectives, design criteria and design guidance for the siting, design and amenity of residential apartment development.

47. Note: Certain design criteria referred to in SEPP 65 cannot be used as a reason to refuse a development application, if complied with

APARTMENT DESIGN GUIDE LINES (ADG)
Clause	Standard	Proposal	Comply
3D-1 COS	1. Min 25% of site	(Access to ground floor COS is attained via the first floor level due to land topography) COS area located at ground level is 216sqm COS area at first floor level = 145.4sqm COS area located on level 4 podium is 162.9sqm Total COS area is 524.3sqm total COS area (39%)	Yes
3D-1 COS	2. Min 50% direct sunlight for 2 hours between 9 am and 3 pm on 21 June	Ground floor COS achieves the 2 hours requirement for 100% of its area First Floor COS achieves 2 hours to 16% of its area Level 4 COS achieves 2 hours to 87% of its area Overall 72% of total COS area receive 2 hours of solar access Level 4 COS achieves 2 hours to 87% of its area Overall 72% of total COS area receive 2 hours of solar access	Yes
3E-1 Deep Soil	Min 7% of site area >650sqm – No min dimension required. 650sqm – 3m min dimension >1500sqm - 6m min dimension	16.4% (216sqm) Min dimension 3m applies Proposed dimension exceeds 14m	Yes
3F-1 Building Separation	(12m) Levels ground to 4 = 6m to habitable and 3m to non-habitable. (25m) levels 5-8 = 9m to habitable and 4.5 to non-habitable	Levels ground,1, 2 and 3 = Nil from south east boundary and 2m from north west boundary Levels 4, 5 and 6 = 9m to habitable and 6m to non-habitable	No (1) Yes
3J-1 Parking	As per RMS if within 800m of a railway station As per DCP whichever is less	The site falls within 800m of Mortdale Railway station whereby RMS parking rates apply	Yes
	· 0.6 spaces x 1 bed = (3.6 rounded up to 4 spaces) · 0.9 spaces x 2 bed = (29.7 rounded up to 30 spaces) · 1.4 spaces x 3 bed = (1.4 spaces rounded up to 2 spaces) · 1 visitor space per 5 units = (7.6 spaces rounded up to 8 spaces) · 1 space per 40 sqm (6.3 spaces rounded up to 7 spaces) · Total spaces required (rounded up) = 51 spaces	49 spaces including 1 x loading bay	No (2)
4A-1 Solar access	Min 70% for 2 hours Max 15% with no direct access	100% achieving 2hrs of direct solar access Nil	Yes Yes
4B-3 Cross Ventilation	Min 60% Max depth 18m	69% (27 units out of 38 units) <18m	Yes Yes
4C-1 ceiling Height	Habitable rooms = 2.7m Non-habitable rooms = 2.4m	Achieved to all units Achieved to all units	Yes Yes
4D-1 Sizes	1 bedroom = 50sqm 2 bedroom = 70sqm 3 bedroom = 90sqm Additional 5sqm each for ensuites	Smallest at 57.89sqm Smallest at 75sqm 102sqm Considered within the calculations	Yes Yes Yes Yes
4D-2 Max Depth	1. Habitable room max 2.5 x the ceiling height 2. In open plan layouts max 8m	Achieved to all units Achieved to all units	Yes Yes
	Master 10sqm excluding wardrobe Bedroom 9sqm excluding wardrobe Living for Studios and 1 Bedroom 3.6m Living for 2 and 3 Bedroom 4m Cross Over 4m internally	Achieved to all units Achieved to all units Achieved to all units Achieved to all units Achieved	Yes Yes Yes Yes Yes
4E-1 Balcony Sizes	-1 bedroom = 8sqm/2m depth -2 bedroom = 10sqm/2m depth -3+ bedroom = 12sqm/2.4m depth -Contributing balconies Min 1m -Ground level min 15sqm at 3m	Achieved to all units Achieved to all units Achieved to the unit proposed Achieved N/A- Commercial	Yes Yes Yes Yes N/A
4F-1 No. of units / floor	Max 8 per one circulation core	Maximum of 7 units per floor	Yes
4G-1 Storage	-1 bedroom = 6m³ -2 bedroom – 8m³ -3 bedroom – 10m³	Provided Provided Provided	Yes Yes Yes
4M Façade design	Facades should have appropriate scale and proportion to the streetscape and human scale.	The façade of the development is appropriate	Yes
4N Roof design	Integrated, can be used for open space and Incorporates sustainability features.	Roof design is appropriate and integrated within the design.	Yes
4O Landscape	Landscape design is viable and sustainable, contributes to the streetscape and amenity	Landscape design is appropriate and provides suitable communal and private open space areas	Yes
4P Planting	Planting on structures – appropriate soil profiles are provided, plant growth is optimised with appropriate selection and maintenance, contributes to the quality and amenity of communal and public open spaces	Landscaping of the site, which includes planting on structures, has been designed by a qualified landscape architect with details provided on species, soil depth etc.	Yes
4Q Adaptable	Universal design – design of apartments allow for flexible housing, adaptable designs, accommodate a range of lifestyle needs	Design of units is flexible to appeal to a range of lifestyles.	Yes
Objective 4R	Adaptive reuse as apartment of existing buildings- new additions are contemporary and complementary, provide residential amenity while not precluding future adaptive reuse	This is a brand new development	Yes
4S Mixed Use	Mixed use developments are provided in appropriate locations, provide active street frontages, residential levels of the building are integrated within the development and safety and amenity is maximised for residents	The development provides an active street frontage to Ellen Subway. Access to residential and commercial areas is separated. Development is consistent with crime prevention principles.	Yes
4T Awning	Awnings and signage – awnings are well located and compliment and integrate with the building design, signage responds to the context and desired streetscape character	None proposed.	N/A
4U Energy efficiency	Development incorporates passive environmental design, passive solar design to optimise heat storage in winter and reduce heat transfer in summer, natural ventilation minimises need for mechanical ventilation	The development incorporates the commitments as referenced in the BASIX certificate.	Yes
4V Water	Water management and conservation – potable water use is minimised, stormwater is treated on site before being discharged, flood management systems are integrated into site design	The development incorporates appropriate stormwater management controls.	Yes
4W Waste	Waste management – storage facilities are appropriately designed, domestic waste is minimised by convenient source separation and recycling	Waste facilities are provided which are accessible to all residents via a central garbage shoot to the main waste room within the basement.	Yes
4X Maintenance	Building maintenance – building design provides protection from weathering, enables ease of maintenance, material selection reduces ongoing maintenance cost	The design incorporates a mix of external finishes that require minimal maintenance such as face brick, timber and pre-fabricated coloured panels.	Yes

(1) Building separation

48. The minimum separation distance for buildings up to four (4) storeys or 12m in height is 12m and 6m measured between non-habitable rooms respectively. The proposal seeks approval for the western façade to be sited 2m from the north western boundary adjacent to the rail corridor and nil boundaries along the south eastern boundary adjacent to the neighbouring development fronting Railway Parade.

49. This design solution has been commended by the Design Review Panel and is consistent with the desired character of the street as it integrates adjoining approved development with nil boundary setbacks to the subject site into the design to achieve a consistent and coherent streetscape particularly from the south east where the subject site continues on from the rear of 85-87 Railway Parade as approved being a 6 storey mixed use building with a 4 storey wall to the rear boundary.

50. Apart from the corner site (85-87 Railway Parade), 1 Ellen Subway represents the entire streetscape of Ellen Subway up to the entry point of the railway underpass. This further reinforces coherence and consistency along the street.

51. In reference to the building separation of only 2m from the north west, this is considered an acceptable design solution as the nearest neighbouring building is located on the opposite side of the Railway corridor which eliminates any potential visual privacy concerns as a result.

52. Lastly, a merit based assessment should be exercised in this scenario particularly due to the triangular shape of the site as it represents a considerable constraint in this case and should strict compliance be implemented given the shape of the site, it would limit the site from maintaining a functional and usable footprint which may render the site undevelopable in this regard.

(2) Parking deficiency

53. The proposal represents a shortfall of 2 car spaces against the minimum required number of spaces set by the RMS for traffic generating development that are located within 800m of a Railway Station.

54. In this regard, the proposal provides a total of 49 spaces comprising 48 car spaces plus 1 loading bay for the use of the commercial component as well as deliveries for residential apartments as opposed to 51 spaces as required (some 3%) variation when rounded up to the nearest space /per dwelling.

55. This variation is considered minor in nature particularly due to the accessible qualities the subject site poses, being within very close proximity to Mortdale station and having regards to the fact that the off street parking in the immediate area is untimed.

56. Due to the limited width of the proposed driveway crossing on Ellen Subway being 6m, the development predominantly maintains a free and consistent kerb side parking, this does not disrupt the existing conditions beyond what would generally be expected from a development of this scale.

57. In addition, three motor bike spaces and a further 4 bicycle spaces are proposed within the ground floor and basement levels which would contribute the shortfall of car spaces experienced.

Advice from the Design Review Panel

58. This section outlines the advice provided by the Design Review Panel (DRP), the applicant’s and officer comments. The Panel supports the application subject to amendments. The application satisfies the design quality principles contained in SEPP 65.

PRINCIPLE 1 - CONTEXT AND NEIGHBOURING CHARACTER

59. DRP advice: The site sits within a very difficult context, being adjacent to the main railway line, a major road, the triangular shape of the site and its elevated position above the street.

The embankment along Ellen Subway and its trees are valuable landscape assets that must be retained, protected and enhanced as part of this development.

In this context, vehicular access to the site becomes a critical issue. Desirably, access to this and the adjoining site to the south (currently subject to the development approvals process) should be serviced by only a single cut through the embankment.

The neighbouring site to the south (fronting Railway Parade) is subject to a current development application, as yet undetermined.

The narrow lot to the immediate north-west of the site is in rail ownership. Trees in this lot provide some outlook and visual separation from the rail line. The future use of this land is uncertain and the minor amenity afforded the subject site by this land may disappear in the future.

The site is zone B2 Local Centre and it is assumed that commercial uses at ground floor are continued from Railway Parade and along Ellen Subway. The assumed party wall conditioned at the southern reinforces the continuity of ground floor use. It is noted that the adjacent DA does not adopt a party wall. Coordination of building form approach along this shared boundary is desirable.

The landscape embankment is at odds with the zoning objective of ground floor uses as the ground floor of the subject site is 6m above street level. While the proposal has attempted to enable clear sight lines between the street and the commercial use, the viability of this use is questioned.

60. Officer comment: The site presents several constraints, some of which is its triangular shape which essentially limits the development’s ability to achieve site setbacks from the front, in addition is the 6m elevated platform from the street level and its location parallel to the railway line being the north western side boundary.

61. In order for development to be effected on this site, the retention of the landscaping along the front embankment cannot be retained. The proposal seeks to re-landscape this area and integrated it within the proposed development.

62. In reference to the proposed vehicular access being joined with the southern adjoining development which at the time was under assessment, the adjoining development namely 85-87 Railway Parade has since been redesigned and approved with its vehicular access via Railway Parade.

63. As such, vehicular access for 1 Ellen Subway will remain solely dedicated to the subject proposal as the site is not afforded any other option.

64. Notwithstanding, the design of both developments as amended had been integrated in such a manner where the building forms are coordinated along the shared boundary.

65. In reference to the ground floor commercial use being at odds with the existing landscaped embankment, it is considered retention of this embankment will not facilitate development of this site as it occupies the entire frontage of Ellen Subway.

66. The proposed commercial use whilst being on the ground floor by definition, it will be sitting at the 6m elevation platform defining the subject site where visibility and natural surveillance are obtained by its elevated position.

67. Access to the ground floor is afforded via a stairway incorporating an accessible chair platform adjacent to negate the need for an accessible ramp which would dominate the streetscape presentation.

68. The above design elements work collaboratively with the proposed driveway crossing, collectively providing a clear line of sight for pedestrians and vehicles alike.

69. In addition the proposal seeks to maintain the embankment and landscape it in a manner that enhances the existing conditions as well as compliment the proposed future setting.

70. The subject site hasn’t had formal access to a Public Road, following the finalisation of the licenced agreement between RailCorp and Council, Ellen Subway will be dedicated as a Public Road and a formal access will need to be granted to 1 Ellen Subway which may necessitate a further cut into the existing embankment.

PRINCIPLE 2 – BUILT FORM AND SCALE

71. DRP advice: The proposal adopts zero setback along the street boundary and a party wall to the south. This is an appropriate response for the street and the southern boundary.

The proposal also adopts a zero setback to the north-west boundary shared with rail land. As this is also the desirable northern aspect, single aspect apartments with living areas and balconies are proposed along this boundary. The uncertain future of the adjacent land is problematic. Competing demands for solar access and cross ventilation as required by the ADG are at odds with the noise and pollution generated by the rail line. The choice for no setback limits design solutions including site planting and results in a heavily screened façade, which visually screen the rail line but do not ameliorate noise and pollution impacts. The screens also limit daylight. Alternative design solutions are required and may include:

· At a minimum, winter gardens should be used to control noise and enable solar access. Solutions that enable both noise attenuation and cross ventilation should be provided. It is noted that winter gardens may be counted as floor space under Council’s LEP. (This should not be the case if winter gardens are enclosed balconies and not separately inhabitable rooms.)

· Dual aspect units that enable northern aspect for sun but also provide residents with living space choice away from the noise source is desirable. Refer to ADG, Section 4J: Noise and Pollution.

· An increased setback along the north-west boundary with on-site planting may improve amenity but it is acknowledged that this will significantly limit the building footprint. Alternative site strategies to an L-shaped building with no setbacks should be demonstrated and evaluated in comparison to the proposal.

72. Officer comment: The heavy metal screening previously proposed towards the railway line side boundary has been deleted and the development as amended has responded to the above constraints by positioning the proposed units and their respective private open spaces at a 45 degree angle so as to capture the northern solar aspect and maintain the building’s wall as a screening barrier from the western angle towards the rail corridor, this is considered acceptable given the site’s constraint.

73. In addition, Mortdale station is an established railway station and following discussions with Sydney Trains, it is understood that the small stretch of land along the north western boundary will remain vegetated.

PRINCIPLE 3 – DENSITY

74. DRP advice: The density of the proposal is subject to achievement of satisfactory amenity.

75. Officer comment: The development complies with the floor space ratio and provides an appropriate commercial space and residential apartments. The total FSR proposed is 387.5sqm (2.5:1) the proposed mix is as follows:

· 1 x Commercial - 7.6% of GFA (253sqm)

· 4 x 1 Bedroom units + study – 11%

· 33 x 2 Bedroom units – 86.4%

· 1 x 3 Bedroom units – 2.6%

PRINCIPLE 4 – SUSTAINABILITY

76. DRP advice: The proposal does not currently achieve acceptable solar access and cross ventilation as these are limited by screening and rail line impacts

77. Officer comment: As mentioned above under Principal 2, the amendment to the design provides appropriate sustainability measures including achieving the minimum required solar access to all units.

PRINCIPLE 5 – LANDSCAPE

78. DRP advice: The existing embankment and trees along Ellen Subway is a valuable landscape asset that should be retained, protected, and enhanced.

The existing landform and significant vegetation must be retained. The tree protection zone for the existing trees along the embankment should be calculated, mapped and protected.

Any level changes between the development and the existing levels along Ellen Subway should be handled via thoughtful landscape initiatives in preference to built structures or retaining walls.

The deep soil area should be strategically planned and thoughtfully located rather than simply located in ‘redundant’ space not occupied by building footprint. Considerations in this regard include straightforward access from common areas and lobbies, achieving solar access during winter months and locating deep soil alongside deep soil areas on adjacent properties to reap maximum environmental, recreational and amenity benefits.

The communal open space area is located south east of the building and will be significantly over-shaded.

The common open space on Level 4 is also south facing. There is no rooftop space presently proposed, meaning that outdoor areas receiving sufficient sunlight have not been provided. Ideally the site planning will allow accessible and amenable open space at both ground level and rooftop. This also allows separation of different uses and demographics.

A program of use that considers the likely recreational needs of residents should be developed for the roof top communal open space. This may include separate areas for group gatherings, solitary pursuits, or children’s play. A small kitchenette and wc facilities should be provided. The design should eliminate small, non-functional spaces.

Improve the plant species list to include larger species for deep soil area.

Separation between bedroom of the accessible apartment and communal open space needs to be achieved. Highlight windows are not acceptable separation. Likewise there is insufficient separation between the bedroom balcony of Unit 107 and the communal open space.

79. Officer comment: The amendments made to the landscaping of the site is considered satisfactory.

80. A communal open space on Level 4 has been added.

81. Unit 107 has been amended so as to obtain a balcony to the rear, well separated from the communal open space.

82. In reference to the retention of the existing landscaping along the front embankment in Ellen Subway, as previously discussed, this is unachievable given the scale of the proposed development, position and shape of the site. The amended landscape schedule is considered satisfactory and provides mature tree replacement.

PRINCIPLE 6– AMENITY

83. DRP advice: Only one (1) lift is provided. A development of this size requires two (2) to provide access if lift is out of service or being used by removalist or other purpose that restricts use. This may also assist with provision of dual aspect units with improved amenity.

84. Officer comment: The applicant has amended the plans to address the issues raised above and included 2 x lift shafts for the residential component in addition to a dedicated commercial access. The changes are satisfactory and improve the design, functionality and amenity of the development.

PRINCIPLE 7 – SAFETY

85. DRP advice: The deeply recessed building entry provide ambiguous space that could be a security hazard and is in direct conflict with the desire for ground floor commercial use with visibility from the street.

86. Officer comment: The entry foyer has been amended so as to address Ellen Subway and is now clearly visible alongside the commercial frontage.

PRINCIPLE 8 - HOUSING DIVERSITY AND SOCIAL INTERACTION

87. DRP advice: Acceptable mix of units provided

88. Officer comment: The proposed development provides a range of unit sizes and configurations and includes two communal open space areas for residents.

PRINCIPLE 9 - AESTHETICS

89. DRP advice: The façade design relies on extensive use of screens, dark grey colourbond cladding and render. A more refined use of materials that enable amenity within apartment and that assist in articulating the scale of the building is required.

90. Officer comment: The heavy metal screening has been deleted and an acceptable colour palette and use of revised external finishes has been provided.

91. Draft Environmental Planning Instruments

There are no draft Environmental Planning instruments applicable to this application

92. Kogarah Local Environmental Plan 2012

Zoning

The subject site is zoned B2 – Local Centre under the Kogarah Local Environmental Plan 2012 and the proposed development is permissible in the zone with the consent of Council. The zone objectives are:

• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in, and visit the local area

• To encourage employment opportunities in accessible locations

• To maximise public transport patronage and encourage walking and cycling

The proposed development complies with the zone objectives in that it will provide commercial uses on the ground level which will serve the needs of the people of the local area. The proposed development provides car parking spaces, bicycle and motorbike parking which provides various transportation options for residents, tenants and visitors to the development. The location of the subject site within the immediate vicinity of Mortdale Railway station encourages walking cycling and access to public transport.

The provisions of the Kogarah Local Environmental Plan (KLEP) 2012 apply to the proposed development which complies with the relevant provisions as follows.

Clause	Standard	Proposal	Complies
2.3 – Zone objectives and land use table	B2 Local Centre	Consistent with the zone objectives and land use table	Yes
4.3 – Height of Buildings	21m as identified on Height of Buildings Map	21m maximum	Yes
4.4 – Floor Space Ratio	2.5:1 as identified on Floor Space Ratio Map	FSR = 2.5:1 3287sqm	Yes
6.2 – Earthworks	Before granting development consent for earthworks the consent authority must consider: -Impact on drainage patterns and soil stability -The effect on likely future use or redevelopment of the land -The quality of the fill or the excavated soil -The effect on existing and likely amenity of adjoining properties -The source of fill material and the destination of excavated material - The likelihood of disturbing relics -The potential impacts on any watercourse, drinking water catchment or environmentally sensitive area	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.	Yes

Diagram showing height below 21m in red

Development Control Plans

93. The proposed development is subject to the provisions of the Kogarah Development Control Plan 2013 (DCP). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

B – General Controls

B2 – Tree Management and Green Web

94. There are two (2) trees onsite along the north eastern front boundary; twelve (12) trees along the western side boundary within land identified as PT1 DP 1181159 being land owned by Sydney Trains along the Mortdale Railway line; and twenty four (24) various sized trees situated within the front embankment area to the north east, immediately forward of the property frontage along Ellen Subway, also owned by Sydney Trains.

95. The application is accompanied by a landscape plan prepared by a qualified landscape architect that proposes appropriate landscaping to the front embankment area and common open space areas. All twelve trees along RailCorp land on the north western side are proposed to be retained and protect it during construction.

B4 – Parking and Traffic

96. The extent to which the proposed development complies with the car parking provisions is outlined in the table below.

B4	Relevant Requirements	Proposed	Complies
Parking requirements	Residential · 1 bedroom unit - 1 space/unit (4 units) = 4 spaces · 2 bedroom unit - 1.5 spaces/unit (33 units) = 50 spaces · 3+ bedroom unit - 2 spaces/unit (1 unit) = 2 spaces Visitor parking - 1/5 units (38 units) = 8 spaces Residential required = 64 spaces Car wash = 1 space (which can also be a visitor space Accessible spaces - 1% of car spaces (64 spaces) = 1 space Non residential Office/commercial - 1/40sqm (253sqm) = 7 spaces Total car spaces required = (71) spaces	Residential = 42 Car wash = can be provided in a visitor space Accessible = 4 for residential 1 for non-residential Retail = 7 Total provided = 48 spaces + 1 x Loading Bay	No (1) Yes Yes Yes
Bicycle parking	Residential 1/3 dwellings + 1/10 dwellings (visitor) = 16.4 (17) spaces Non-residential 1/5 car spaces = 1.4 (2) spaces Total required = 19 spaces	Total provided = 22 bicycle spaces provided + 2 motorbike spaces	Yes
Design and layout of car parking areas	Non-residential and residential uses to be separated Basement to be within building footprint Vehicles to enter and exit in a forward direction Driveways not adjacent to doors or windows of habitable rooms To comply with the Australian Standards	The development complies with these requirements	Yes
Loading requirements	Retail area between 15sqm and 500sqm – 1 bay Design of loading bay facilities to be 3.5m wide x 9.5m long	1 x loading bay space provided which is 3.5m wide x 7.5m long. This is considered to be appropriate given the relatively small size of the non-residential components which are unlikely to require large delivery vehicles.	No but considered acceptable

(1) Parking requirement

The proposal does not comply with the DCP parking requirements as the RMS parking requirements in this case prevails given the application is subject to SEPP 65 which references the RMS criterion, the site is located being with 800m from a Railway Station.

B5 – Waste Management and Minimisation

97. A Waste Management Plan has been submitted with the application which is acceptable. Council’s Coordinator – Environmental Sustainability has examined the application. Conditions of consent requiring the provision of appropriate waste facilities for the ongoing use of the development have been recommended.

B6 – Water Management

98. The development can drain to the street via gravity. Conditions of consent have been recommended.

B7 – Environmental Management

99. This section primarily relates to the building materials used in the development and their sustainability qualities. The proposed material and finishes are considered appropriate and do not result in adverse environmental issues.

D – Commercial and Industrial

D1 – Development in the B1 and B2 Zones

D1	Relevant Requirements	Proposed	Complies
3.1 Streetscape	(3) Facades are to be ordered and articulated to visually break up the building massing, for example through materials, colour and the design of openings. Large areas of glass curtain walling and blank walls are to be avoided. (4) Enhance pedestrian amenity through the provision of continuous awnings for weather protection. (5) Promote safety and security by providing a high level of activation to the street, employing clear and direct lines of sight between the street and building entries, and using appropriate signage and lighting to enhance the amenity of the public domain. (6) Site and design vehicular access (driveways, parking facilities, service access and garages) away from the main street frontage, from rear lanes or secondary streets	The development complies with these requirements. No awning is proposed as the existing topography represents a 6m high embankment to the street The building entry is visible from the street, however the site elevated 6m above Ellen Subway resulting surveillance of the street. There is no signage proposed as part of this application. The existing street lighting remains unaltered. Site access is designed from the Ellen Subway frontage and away from the main entry leading to the underpass.	Yes
3.4 Building Heights	(2) Buildings are massed towards the street frontage and step down towards the rear, to be in keeping with the existing retail/commercial built form pattern and compatible with the scale and character of adjacent residential areas.	The area has been up- zoned to B2 Local Centre which redefines the character of the area as envisaged by KLEP2012. The proposal is consistent with the future character as envisaged, together with the other adjoining approved developments and those currently under assessment which have been designed having regard to the same criterion.	Yes
	(3) Where allotments adjoins a low density residential area, buildings should be: (i) reduced in height in accordance with the locality controls; (ii) setback from the adjoining property boundary	The entire block in which this site is located is zoned B2 and is currently undergoing change in the scale and form of the streetscape to align with this up-zoning through the KLEP 2012, being a 21m height standard and 2.5:1 FSR standard.
	(5) Floor to ceiling heights should be a minimum of 3m at ground floor level, to allow for a range of uses including retail, commercial offices and home offices.	Ground floor commercial floor to ceiling height is 3.8m.	Yes
	(6) Floor to ceiling should be a minimum of 2.7m at the upper storeys of the building, to allow for a range of uses, and to improve the environmental performance and amenity of the building.	Residential component floor to ceiling height is a min of 2.7m floor to ceiling	Yes
3.5 Setbacks	(1) Buildings adjacent to public roads are generally to align with and be built to the street frontage to provide continuity in the streetscape and encourage active frontages to ground level.	The location of the embankment and the fact the site sits in an elevated position above street level, re-grading of the front embankment is recommended. As a result an access stair and chair lift has been incorporated to facilitate the movement of pedestrians from Ellen Subway to the building. Enhancement of the embankment is proposed to improve the public domain presentation. The proposed development is setback slightly along the frontage of the site at various locations to maintain a straight façade of the building given the Ellen Subway frontage is curved.	Yes
	(2) Street setbacks at ground level are permitted only: (i) Where the existing footpath is narrow and the provision of additional pedestrian space is desirable (ii) Where the established pattern is setback (for example where there are residential buildings within the locality) (iii) Where the setback enables or enhances visual appreciations of adjacent heritage items.	Ellen subway has a 6m landscaped embankment excluding the width of the ‘road way’ portion despite it not yet being a dedicated road due to its historic ownership by Rail Corp. A perpetual licence agreement is being sought from RailCorp for the transfer of Ellen Subway to Georges River Council and dedicated as a Public Road. This will be facilitated by a Deferred Commencement series of conditions.	Yes
	(3) Side setbacks are generally not permitted in order to maintain the continuity of active frontages, unless specified in the locality controls.	Proposed 2m setback from north western side adjoining the railway line and nil south eastern side setback adjoining the rear of the recently approved 6 storey mixed use development at 85-87 Railway Parade.	Yes
	(4) Where the locality abuts a residential zone and/or a residential allotment, the side setbacks are generally to be a minimum 3m, except where the locality character is established by the existing footprints and the allotment capacity of the locality would be unreasonably constrained. Refer to the Locality Controls of Part D2 for specific side setback requirements. (5) Rear setbacks are determined by the context including the amenity of neighbouring residential uses and the amenity of any rear lanes. Refer to Locality Controls within Part D2 for specific rear setback requirements.	The subject site is constrained by its triangular shape where the apex of the triangle is towards the rear of the site, any setbacks applied from the front will render the subject site undevelopable.	Yes
	(6) Setbacks on corner blocks are to enable sufficient sightlines for traffic in accordance with the relevant Australian Standard.	Whilst the subject site is not a corner site, it occupies the edge of the entrance of the Mortdale underpass. In this regard, the proposed driveway access is designed along the south eastern side of the site and well away from the underpass maintaining clear sightlines.	Yes
	(7) Upper level street setbacks are required to any residential component above retail/ commercial uses together with building design and apartment layout that satisfactorily mitigates the impacts of noise, fumes and vibration on major Roads	In context of the subject site, the primary source of noise is from the north-western side boundary being the railway line. The proposal has been amended so the unit facades are angled towards the north to provide good solar amenity whilst maintaining adequate acoustic measures to mitigate the main source of noise as referenced in the recommendation of the acoustic report prepared by Rodney Stevens Acoustics Pty Ltd.	Yes
3.6 Building Design	3.6.1 Building Facades 3.6.2 Active Frontages (1) Provide direct visual connections between footpaths and shops. (2) Wrap shop fronts around corners into side streets to increase the area of active frontage. (3) Design building openings at the ground floor to be in keeping with the overall building and bay scale and proportions. (5) For commercial uses, avoid blank walls, dark or obscure glass to the street frontage. (6) Incorporate continuous, independent and barrier free access to ground floor commercial entries, including effective signage, sufficient illumination, tactile ground surface indicators and pathways with limited cross-falls, sufficient width, comfortable seating and slip-resistant floor surfaces. (7) Open grilles or see-through security screens are preferred to shutters, to optimise the openness of windows and any spill lighting of the footpath. Shutters, if provided, must be minimum 65% visually permeable. (8) Pedestrian access to upper level uses is preferred from the side street or rear lane. If provided from the main street, openings for access are to be between 1.5m and 3m wide. (9) Recessed shop frontages are not permitted except in the cases of heritage buildings where the recess is sympathetic to the building character. 3.6.3 Awnings (1) Awnings should retain any original awning features present that contribute to the desired locality character. (2) Provide under awning lighting to improve public safety. (3) Wrap awnings around the corners of the main commercial street onto side streets. (4) Design awnings in the high range 3.6m – 4m and no higher or lower than adjoining awnings. (5) Provide awnings flat or near-flat in shape (not tilted upwards away from the facade), and opaque in finish. 3.6.4 Balconies – (1) Each apartment is to have at least one primary balcony. (2) Primary balconies are to have a minimum depth of 2.5m and a minimum size of 10sqm. (3) Design balconies that are recessed into the wall or enclosed with walls, columns or roofs to provide sufficient enclosure and visual firmness. (4) Design balustrades that allow for views into, and along the street. (5) Employ juliet balconies and French windows to articulate facades with architectural detail and vertically proportioned windows. (6) Locate balconies adjacent to main living areas to expand the living space of units, where possible. (7) Balconies are to be designed to respond to the local context. In this regard, special attention should be paid to the design of balconies for buildings situated on busy roads and/or adjacent to railway lines. This may be achieved by: (i) layering and recessing balconies to increase noise buffering from busy roads and railway lines; (ii) grouping balcony openings; (iii) providing balconies with operable screens, windows, or operable walls/sliding doors with a balustrade; (iv) recessing balconies in response to acoustic and visual privacy issues; and (v) ensure the privacy of occupants, neighbours, and public is taken into account by careful design and balustrades with a balance of transparent and solid materials. 3.6.5 Materials & Finishes (1) Utilise high quality and durable materials and finishes. (2) Combine different materials and finishes to assist building articulation and modulation. (3) Where the Locality includes a significant facade or streetscape, materials and finishes are to complement the existing streetscape. (4) Avoid large unarticulated expanses of any single material to facades. 3.6.6 Mobility and Access – (1) New development and refurbishments are to comply with the requirements of the Building Code of Australia (BCA) and the Australian Standards. (2) All buildings with a residential component that have access to more than two storeys are required to have lift access. 3.6.7 Public Art (1) Development on sites over 1000m2 should, where possible include the provision of high quality artwork within development in a publicly accessible location. (2) The artwork should be prepared having regard to links between the locality and details of such artwork and the proposed location are to be submitted with the development application. 3.6.8 Roof Forms and Parapets (1) Variation to the existing pattern of roof forms may only occur where the parapet line is not disrupted and where the new roof is not visible from the street below or adjacent public areas. (2) Minimise the bulk and mass of roofs and their potential for overshadowing. (3) Design roofs to generate a visually interesting skyline and minimise apparent bulk. (4) Conceal lift over runs and plant equipment within well designed roofs. (5) Roof fixtures (such as roof vents, chimneys, aerials, solar collectors, mobile phone transmitters, satellite dishes) are to be inconspicuously located so as not to be visible from the street (including side streets). (6) Television antennae are to be located within the roof space.	The proposal provides a visual connection naturally by virtue of its elevated position following the natural contours of the land. The shop fronts predominantly addresses Ellen Subway, however, the wrap around component is not applicable to this site as it is not a corner site. The proposal is considered to have adequately articulated the main front entry to the development, proposing a gradual regrading of the front embankment for visual interest, ease of access and street activation by further promoting the commercial component towards the street frontage. Apart from the corner lot (85-87 Railway Parade), 1 Ellen Subway represents the entire remainder of the Streetscape along Ellen Subway up to the entry point of the underpass. Use of shutters is not proposed in this case and the proposed facade provides an open glazed material, predominantly occupying the façade and essentially softening the visual impact of the two way driveway crossing . This control is not applicable as the site has no side streets and/or rear lanes. The proposed commercial shop front component is considered to adequately address the Street with regards to the development elevated position following the natural contours of the land. No awning proposed in this case due to the elevated position of the development; however gradual re-grading of the embankment will occur and be landscaped accordingly. Each apartment has a primary balcony where no balconies are below the minimum required 10sqm despite the lower area requirements for 1 bedroom apartments as per the ADG. Some balconies where possible have been designed in exceedance of the minimum requirements. All balconies have been recessed into the façade providing a good sense of privacy and enclosure. Where applicable along the north western boundary adjoining the railway line, balconies have been positioned on an angle so as to capture the northern aspect whilst maintaining a barrier from the west being the predominant noise from the railway line. All balconies are proposed with operable sliding doors that are acoustically treated as recommended by the acoustic report submitted The proposed design provides a satisfactory balance between transparent and solid balustrading so as to ensure privacy to the occupants is preserved without compromising neighbouring amenity. The proposal is considered to be well articulated by the chosen materials and finishes which enhances the existing streetscape given the subject development represents the entire streetscape of Ellen Subway extending from Railway Parade to the entry point of the railway underpass. The proposal provides a lift platform at the main entry point to the building whereby it is accessible at grade from Street level up to the elevated plateau representing the ground floor level. Further, internally the design provides for two (2) lift shaft access excluding commercial access being independent from the residential component. The subject site does not possess the physical attributes in reference to its triangular shape and position alongside the Railway line that would warrant the provision of public art work in its setting. The provision of public art to the site is also not feasible given its location within a small local centre with minimal pedestrian movements and no adjoining public space areas The parapet line is continuous and is not disrupted and provides a visual consistency along the Street and the proposed roof form being a flat type roof with a parapet peripheral, which is concealed and naturally minimising overshadowing impact and bulk of the building. Despite the fact that the lift over run is below the height control, it is not visible from the street given the site’s elevated position and it being located in the centre core of the building.	Yes
3.7 Vehicular Access and Parking	Refer to controls in Section B4 of this table.	Complies with RMS requirements, which prevail over the provisions of the DCP as detailed in the ADG table above as the RMS standard is referenced in SEPP 65.	Complies with the ADG
3.8 Dwelling Design, Apartment Mix and Dwelling Size	(1) Provide a mix of studios, 1, 2 and 3 or more bedroom apartments in varying layouts. (2) Dwellings within the residential component of a mixed development must have the minimum internal floor areas (IFA): • Studios - minimum IFA of 40sqm • 1 bedroom unit - minimum IFA of 60sqm • 2 bedroom unit - minimum IFA of 85sqm • 3 bedroom unit - minimum IFA of 100sqm (3) In all instances the first bedroom is to maintain an internal floor area of 15sqm and the second bedroom is to maintain a minimum internal floor area of 12sqm	The provisions of the Apartment Design Guide prevail in relation to apartment mix and sizes. The proposed development meets the relevant requirements and provides the following mix: 253sqm or (19%) of site area is commercial component. 4 x 1 bedroom units (10.5%) 33 x 2 bedroom units (87%) 1 x 3 bedroom unit (2.5%) Bedrooms maintain a minimum of 9sqm area excluding wardrobes as per the ADG	Complies with the ADG which takes precedent over these controls
3.10 Storage	(1) All developments must provide a designated secure storage space (in addition to any areas set aside for off street parking) to a minimum floor area of 4sqm for each dwelling or unit.	The development provides 4sqm storage compartments within the basement levels to each unit independent of the parking spaces. Storage spaces are also provided internally within the units.	Yes
3.11 Clothes Drying	(1) Wherever possible, provide dedicated external clothes drying areas for all apartments that will be utilised by the residents, while being screened from the public view.	Each apartment has an internal laundry cupboard facility and a condition of consent is imposed for the provision of outdoor clothes drying facilities within the open space area located on the ground floor which will be landscaped to provide appropriate screen planting from public view.	Yes
3.12 Amenity	3.12.1 Visual and Acoustic Privacy (1) Design building separation for parallel ranges of buildings to at least the following standards for the residential component: -12m between habitable rooms/the edge of their balconies -9m between habitable rooms/the edge of their balconies and non-habitable rooms -6m between non-habitable rooms (2) Offset facade openings from existing openings in adjacent development to minimise direct overlooking of rooms and private open spaces. (3) For street wall buildings, design zero side setbacks to result in zero building separation, providing dual aspect commercial or residential uses with openings to the front (street) and the rear.	The DCP and the ADG requirements are consistent with one another numerically. The proposal generally complies with the exception of having a nil boundary separation along the south eastern boundary. This has been designed so as to integrate with the approved design of the adjoining corner development fronting Railway Parade and having regard to the triangular shape of the site. This design solution has been commended by the DRP given the site’s constraint and its context.	Acceptable
	(4) For ground floor retail/commercial uses, provide appropriate rear and side setbacks to adjacent residential uses, and design building layout to avoid overlooking of private spaces. (5) Utilise design elements to increase levels of privacy such as landscaping, screening, offset windows, recessed balconies, louvres, planter boxes, pergolas or shading devices.	Ground floor commercial is well positioned in a manner that it is well separated from the adjoining residential component, substantially setback from the rear and positioned 2m from the north western boundary where the site adjoins the Railway line. Similarly, all balconies have been designed not only to capture the northern aspect but also away from the adjoining development to the south east. Where the development proposes the communal open space on level 4, a condition of consent has been imposed for the provision of a 1.8m privacy screen measured from the finished floor level to preserve the privacy of the adjoining development to the south east.	Yes
	(6) Development adjacent to the Railway Line or adjacent to road corridor with annual average daily traffic volume of more than 40,000 vehicles. (7) Design and site buildings adjacent to noise generating land uses to minimise noise impacts, for example through building layout and location and size of openings. (8) Where appropriate locate individual buildings and groups of buildings to act as barriers to the noise. (9) Utilise the site and building layout to maximise the potential for acoustic privacy by providing adequate building separation within the development and from neighbouring buildings. (10) Locate and design all noise generating equipment such as mechanical plant rooms, mechanical ventilation from car parks, driveway entry shutters, garbage collection areas or similar to protect the acoustic privacy of workers, residents and neighbours. The noise level generated by any equipment must not exceed an Laeq of 5dBA above background noise at the property boundary.	Air conditioning units are proposed to be contained within a louvered acoustic enclosure and all other noise generating equipment/services are located within the basement level to minimise any noise.	Yes
	(11) Development is to meet or exceed the sound insulation requirements between separating walls and floors of adjoining dwellings of the Building Code of Australia. (13) Where development is proposed adjacent to the railway line or a classified road corridor compliance with the requirements of the SEPP.	The proposed design is subject to compliance with all noise mitigating measures as recommended in the acoustic report submitted. A condition of consent has been imposed to ensure adherence with the recommendations of the acoustic report.	Yes
3.13 Open Space and Landscaping	(1) Retain existing, and incorporate new indigenous trees, shrubs and ground cover where appropriate. (2) Maximise deep soil zones to provide for substantial landscaping and mature trees. (3) Submit a landscape plan prepared by a qualified landscape architect. (4) Where development is proposed adjacent to low density residential development, an appropriate landscape buffer is to be planted to provide separation and screening between the proposed development and the existing low density development (Refer to Locality Controls). These areas should be deep soil areas so as to allow for the planting of large/medium trees.	The proposed development was accompanied by a landscape plan designed by a qualified landscape architect, this plan provides 216sqm of deep soil presenting 16% of the site area exceeding the minimum required by the ADG of 7%. The communal open space provided on the ground floor acts as a green zone within the development. The proposal seeks to retain and protect the 12 trees located within RailCorp land along the north-western boundary and seeks to replant and regrade the front embankment with a wider range of species suitably located and integrated within the design to address and perceived loss of amenity.	Acceptable

D2 - Commercial Locality Guides

9 Carlton South

Relevant requirements

Proposed

Complies

9.3 Design Solutions

Height

(2) Maximum number of levels is 3.

(3) Maximum overall height (to the uppermost habitable part of the building) is 10.2m

(4) The total overall building height (including roofs and any projections such as plant, lift overruns, blades or the like) shall not exceed 2 metres above the habitable part of the building.

(5) No development is permitted in the roof void.

Vehicle Access

To be obtained from side streets and rear laneways.

Car parking

(1) Off-street parking to be provided for any new development underground or at the rear of the properties.

(3) Where a basement is provided this is not to protrude more than 1m above natural ground level.

The requirements relating to storeys has been superseded by the new height standard under the Kogarah Local Environmental Plan which identifies a maximum height of 21m.

The development complies with the other relevant requirements of this clause.

Vehicular access is obtained via a 2 way crossing off Ellen Subway.

Off-street parking is provided within 2 basement levels, none of which projects more than 1m above natural ground level.

LEP compliant

Section 7.11 Contributions

100. The proposed development requires payment of $445,240.45 of Section 94 contributions based on the provisions of additional dwellings on the subject site. The contribution amount is based on the following.

Contribution Plan	Description	Section 7.11 contributions assessed	No. of existing lots (credit)	Section 7.11 Contributions payable
Plan No.1	Roads and traffic management - residential	$26,722.47	($1,217.91)	$25,504.55
Plan No.5	Open Space - 2006	$422,636.36	($18,188.17)	$404,448.19
Plan No.9	Kogarah libraries – buildings component	$9,288.08	($363.51)	$8,924.57
Plan No.9	Kogarah libraries – books component	$6,622.32	($259.18)	$6,363.14
Total Section 7.11 Contributions currently payable				$445,240.45

IMPACTS

Natural Environment

101. The proposed development is unlikely to result in unreasonable impacts on the natural environment. A landscape plan prepared by a qualified landscape architect has been prepared for the development which shows appropriate deep soil planting to the front embankment area to address any perceived loss of amenity and seeks to retain 12 trees located within RailCorp land along the north western boundary where the development adjoins the rail corridor. In addition suitable planting is proposed along the perimeter of the communal open space located on Level 4 for appropriate screening and visual interest from the street.

102. The proposed excavation of the site is for the purpose of providing two basement levels of car parking and associated facilities. The excavation is consistent with that required for new developments of this type and scale. The proposed design follows the natural contours of the land and designed in a manner where the ground floor is embedded within the front embankment to respond to the street front with minimal impact to the rear of the site.

103. The front embankment is proposed to be regraded and landscaped to enhance the existing conditions and maintain a green outlook to the Street.

Built Environment

104. The proposed development is unlikely to result is unreasonable impacts on the built environment. The proposed development complies with the all numerical standards of the ADG with except to the minimum building separation from the south east for the extent of the first 4 floors. This design solution has been implemented so as to integrate the proposed building with the approved adjoining development from the south east keeping a consistent streetscape. This design solution has been also commended by the DRP.

Social Impact

105. The proposed development has no unreasonable social impacts.

Economic Impact

106. The proposed development has no apparent unreasonable economic impacts.

Suitability of the site

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

SUBMISSIONS AND THE PUBLIC INTEREST

108. The application was notified/advertised in accordance with Council’s requirements and two (2) submissions were received. An additional 11 submissions were received following the notification period, one of which contained 94 signatures. All submissions were considered and a summary of the issues is outlined as follows.

Provision of wheel chair access to the station

109. The proposed development is independent of access to the train station, therefore no accessible access can be provided as part of this application.

Increase in traffic flow

110. It is acknowledged this development will result in additional traffic movements. This development is consistent with the zoning and the uplift of the area. The proposed development complies in full with the RMS Traffic Generating development standards and provides a total of 48 car spaces plus a loading bay.

111. The sole purpose of Ellen Subway when created was to facilitate a vehicle underpass so as to enable the extension of the track line above.

112. The site is considered highly accessible due to its proximity to the railway station, as a result it is envisaged that most occupants living in its development will rely on public transport for convenience.

113. The proposal is not envisaged to have an unreasonable traffic impact or exacerbate the existing traffic conditions more than what would be reasonably expected in an urban setting and the B2 zoned land.

Adverse Noise Impact

114. The subject site only adjoins B2 zoned sites from the south-east and the railway corridor to the north west.

115. The proposal is not considered to generate any offensive noise in excess of what would be reasonably expected within a local centre area, particularly where it adjoins the Rail corridor.

116. An acoustic assessment has accompanied the application and a condition of consent has been imposed for the development to adopt the recommendations of the acoustic report.

Impact on the existing landscape

117. The proposal is not considered to pose a detrimental impact on the existing landscape conditions more than what would reasonably be expected from a development of this scale.

118. The front embankment area to Ellen Subway is proposed to be re-graded and replanted with mature vegetation.

119. The existing trees along the north western boundary within RailCorp land is proposed to be retained and protected.

120. The proposed replanting of the front embankment area will remain consistent with the existing green outlook along both sides of Ellen Subway. The embankment area in question will only be impacted by a small reduction in size as a result of the proposed two way driveway crossing width in lieu of the existing single entry driveway and an entry ramped pathway to the main entry lobby.

Pedestrian safety

121. The proposed access to the development maintains a clear line of sight and is gained via a two way vehicular crossing off Ellen Subway which is currently occupied by a single crossing.

122. This is further reinforced by virtue of the subject site being elevated some 6m above street level providing natural surveillance.

123. Vehicular activities are not envisaged to be excessive given the ratio of the residential component against that of the commercial component which may have a higher rate of vehicular activities. Ellen Subway currently does not have any timed on street parking along both sides of the street and the development does not impact this arrangement.

Impact upon Heritage item

124. The subject site does not contain any heritage listed item or located within the vicinity of a heritage listed item.

125. For the purpose of clarity, the submission as understood may have been generally referring to the heritage appeal of Mortdale as a suburb and such development would detract from the character of the locality.

126. In this regard, the subject site is nestled amongst a B2 – Local Centre locality where the majority of the surrounding sites are predominantly old commercial sites that are currently experiencing urban renewal.

127. The proposal is not considered to detract from the character of the area rather enhance the existing conditions and provide new services and housing stock within a highly accessible position in lieu of car dependency.

REFERRALS

Council Referrals

Senior Building Officer (Major Projects)

128. Council’s Senior Building Officer has raised no objection subject to recommended conditions of consent.

Development Engineer

129. Council’s Development Engineer has raised no objection subject to recommended conditions of consent.

Traffic Engineer

130. Council’s Traffic Engineer has examined the application and has raised no objection to the development following a re-design to address non-compliances, subject to recommended conditions of consent.

Environmental Health Officer

131. Council’s Environmental Health Officer has raised no objection subject recommended conditions, including compliance with the recommendations of the Acoustic Report.

Consultant Arborist

132. Council’s Consultant Arborist has raised no objection subject to recommended conditions of consent.

Waste Management

133. Council’s Coordinator - Environmental Sustainability and Waste has raised no objection subject to recommended conditions of consent.

External Referrals

Sydney Trains (RailCorp)

134. The Sydney Trains has raised no objection to the application subject to:

· Conditions of consent being attached to any consent granted.

· Deferred commencement conditions to be met as listed under Schedule 1 of the consent and,

135. Specifically, Ellen Subway (the roadway) shall not be used as a form of legal access to the 1 Ellen Subway (the site) identified as Lot 1 DP 432712 as part of this development approval until such time RailCorp and Georges River Council have either entered into a license agreement for the roadway or RailCorp’s land has been dedicated to Council for use as a public road.

CONCLUSION

136. The application has been assessed having regard to the Matters of Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The application seeks approval for the demolition of existing structures and construction of a seven storey mixed use development comprising a ground floor commercial tenancy, 38 residential units, basement car parking for 48 spaces and a loading bay, landscaping and drainage work on Lot 1 DP 432712 known as 1 Ellen Subway, Mortdale.

137. The development has been assessed against the requirements of the relevant planning instruments and development control plans and is consistent with those requirements. The submissions received to the application have been addressed in the report and through amended plans. Following detailed assessment it is considered that Development Application No DA2017/0570 be by way of a Deferred Commencement determination.

DETERMINATION AND STATEMENT OF REASONS

138. Statement of Reasons

The reasons for this recommendation are:

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

· The proposed development, subject to the recommended conditions, will have no unacceptable adverse impacts upon the natural or built environment.

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

· The proposal is consistent with the desired future character of this Local Centre.

A. THAT pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, the Development Application DA2017/0570 for the demolition of existing structures and construction of a seven storey mixed use development comprising one commercial tenancy, 38 residential units, two basement car parking levels, drainage and landscaping works on Lot 1 DP 432712 known as 1 Ellen Subway, Mortdale, is determined by granting deferred commencement consent.

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

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

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

SCHEDULE A

1. The Applicant shall prepare and provide to Sydney Trains for approval/certification the following final version items in compliance with the relevant Asset Standards Authority (ASA) Standards:

a) Final blow out report and drawings detailing the following items in relation to the Sydney Trains High Tension Transmission Line adjoining the development site:

i. blow-out design and calculations

ii. compliance with AS 7000

iii. Compliance with ISSC 20, Guideline for the management of activities within Electrical Easements and Close to electrical Infrastructure.

iv. Compliance with SMS-06-GD-0268 – Working around electrical equipment.

v. compliance with relevant Transport for NSW Asset Standards Authority standards/guidelines

vi. construction management plan detailing as to the unloading of building material and equipment and method of construction in close proximity to power lines, compliance with safe working distances from overhead powerlines and all activities on site maintaining the SAD clearances defined in SMS-06-GD-0268 for Non-accredited persons.

vii. Confirmation that SMS-06-GD-0268 Guide Appendix A requirements will be maintained in the design of any construction mobile plants such as cranes, elevating work platforms (EWP) etc. adjacent to the 33 kV/11 kV aerial line.

2. Confirmation of any underground trenches/ducts cables laid in close proximity to the development site (Rail Corridor side). If confirmed, further confirmation shall be provided that any excavation and earth work near or in the vicinity of cables will be performed in compliance with the requirements of Australian and RailCorp electrical engineering standards including but not limited to SMS-06-GD-0268 clauses 6.3 and

3. Final Risk Assessment Report for any supporting elements that are located between 10m and 20m of the nearest rail line, an assessment of the risk of a derailed train colliding with the supporting elements of the structure will determine the category of collision loading in AS 5100 that shall be applied to a support. This risk assessment shall be carried out in accordance with 30ST164/3.0 TfNSW Enterprise Risk Management Standard. - T HR CI 12080 ST 6.12.

4. Final and Structural report/drawings that meet Sydney Trains requirements. The Geotechnical Report must be based on actual borehole testing conducted on the site closest to the rail corridor. No rock anchors are to be used within RailCorp land.

5. Final construction methodology with construction details pertaining to structural support during excavation. The Applicant is to be aware that Sydney Trains will not permit any rock anchors/bolts (whether temporary or permanent) within its land or easements.

6. Final cross sectional drawings showing the rail corridor, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the rail corridor. All measurements are to be verified by a Registered Surveyor.

7. If required by Sydney Trains, an FE analysis which assesses the different stages of loading-unloading of the site and its effect on the rock-mass surrounding the rail corridor.

8. Ellen Subway (the roadway) shall not be used as a form of legal access to the 1 Ellen Subway (the site) identified as Lot 1 DP 432712 as part of this development approval until such time RailCorp and Georges River Council have either entered into a license agreement for the roadway or RailCorp’s land has been dedicated to Council for use as a public road.

9. Any conditions issued as part of Sydney Trains approval/certification of the above conditions will also form part of the consent conditions that the Applicant is required to comply with.

10. Documentary evidence of Sydney Trains Concurrence that the applicant had satisfied all items as listed in Conditions 1 to 9 above must be submitted to Georges River Council for verification and approval.

11. Use of Rooftop open space - A Plan of Management (POM) for use of rooftop open space must be submitted for approval of Council. The POM must outline the:

(i) hours of use of the rooftop deck which shall be restricted from 8am until 10pm;

(ii) maximum number of users at any one time;

(iii) provisions for no amplified music to be played;

(iv) and identify other measures to ensure that the amenity of persons within the development and in nearby existing and future development is maintained.

The approved POM shall be incorporated into the Owners Corporation by-laws in any future Strata subdivision and a sign in the front entry of the building shall be included to ensure the use of this space is monitored and understood by all occupants.

SCHEDULE B

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

Section A Development Details

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

Description	Reference No.	Date	Revision	Prepared by
Site Location & Demolition Plan	DA1001	05/02/2019	F	Urbanlink Architects Pty Ltd
Site Analysis	DA1002	05/02/2019	F	Urbanlink Architects Pty Ltd
Site Plan	DA1003	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Basement 02	DA2000	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Basement 01	DA2001	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Ground 1:200	DA2002	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Ground 1:100	DA2004	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Level 01	DA2005	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Level 02	DA2006	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Level 03	DA2007	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Level 04	DA2008	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Level 05	DA2009	05/02/2019	F	Urbanlink Architects Pty Ltd
Floor Plan – Level 06	DA2010	05/02/2019	F	Urbanlink Architects Pty Ltd
Roof Plan	DA2011	05/02/2019	F	Urbanlink Architects Pty Ltd
GFA Diagrams	DA2901	05/02/2019	F	Urbanlink Architects Pty Ltd
Cross Flow Diagram	DA2902	05/02/2019	F	Urbanlink Architects Pty Ltd
Adaptable Units	DA2903	05/02/2019	F	Urbanlink Architects Pty Ltd
Shadow – June	DA2904	05/02/2019	F	Urbanlink Architects Pty Ltd
Shadow – March	DA2905	05/02/2019	F	Urbanlink Architects Pty Ltd
Views From the Sun	DA2906	05/02/2019	F	Urbanlink Architects Pty Ltd
Views From the Sun	DA2907	05/02/2019	F	Urbanlink Architects Pty Ltd
North-Ellen Subway	DA3001	05/02/2019	F	Urbanlink Architects Pty Ltd
Railway	DA3002	05/02/2019	F	Urbanlink Architects Pty Ltd
East	DA3003	05/02/2019	F	Urbanlink Architects Pty Ltd
South/Rear	DA3004	05/02/2019	F	Urbanlink Architects Pty Ltd
AA/BB/CC	DA4001	05/02/2019	F	Urbanlink Architects Pty Ltd
CC	DA4002	05/02/2019	F	Urbanlink Architects Pty Ltd
3D Ellen Subway	DA6301	05/02/2019	F	Urbanlink Architects Pty Ltd
3D Railway	DA6302	05/02/2019	F	Urbanlink Architects Pty Ltd
Perspective Railway	DA6303	05/02/2019	F	Urbanlink Architects Pty Ltd
Landscape Plan – Cover sheet	L00	09/11/2017	A	ATC Landscape Architects
Landscape Plan – Ground Floor	L01	09/11/2017	A	ATC Landscape Architects
Landscape Plan – Level 1	L02	09/11/2017	A	ATC Landscape Architects
Landscape Plan – Level 4	L03	09/11/2017	A	ATC Landscape Architects
Concept-Storm-water – Cover sheet	SW100	17/11/2017	A	SGC Engineering
Concept-Storm-water – Basement Plan	SW200	17/11/2017	A	SGC Engineering
Concept-Storm-water – Ground Floor Plan	SW201	17/11/2017	A	SGC Engineering
Concept-Storm-water – Level 1	SW202	17/11/2017	A	SGC Engineering
Concept-Storm-water – Details Sheet	SW300	17/11/2017	A	SGC Engineering
Erosion & Sediment Control – Plan and Details	SW400	17/11/2017	A	SGC Engineering
BASIX Certificate	88003M	17/11/2017	-	Building & Energy Consultants Australia
Arborist Report	-	14/11/2017	-	TALC Tree and Landscape Consultants
Acoustic Report	R170506R1	01/11/2017	Rev 0	Rodney Stevens Acoustics
Traffic Report	15047	Nov 2017	Rev01	TDG Pty Ltd
Access Report	17215	09/11/2017	-	Vista Access Architects
Geotechnical Report	P1343_01	25/10/2017	-	Morrow Geotechnics Pty Ltd
Retention wall design for Sydney Trains – Structural Report	180416	30/05/2018	-	Xavier Knight Consulting Engineers

Section B Separate Approvals Required Under Other Legislation

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

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

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

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

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website at www.georgesriver.nsw.gov.au. Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours. Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

An approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out in accordance with Council’s specifications applicable at the time, prior to the issue of an Occupation Certificate.

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

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

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

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

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

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

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

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

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

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

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

(d) The applicant must register a non-terminating bank guarantee in favour of Council for the amount of. The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

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

Section C Requirements of Concurrence, Integrated & Other Government Authorities

Sydney Trains Conditions

7. If required by Sydney Trains prior to the commencement of works, prior to the issue of the Occupation Certificate, or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

8. An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads- Interim Guidelines”.

9. Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

10. The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

11. Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on any potential impacts on or from the rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

12. Unless advised by Sydney Trains in writing, all excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

13. No rock anchors/bolts are to be installed into RailCorp / Sydney Trains property or easements.

14. Prior to the issuing of an Occupation Certificate the Applicant is to submit as-built drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into RailCorp/ Sydney Trains property or easements, unless agreed to be these authorities. The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied

15. If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Management Interfaces to determine the need for public liability insurance cover. If insurance cover is deemed necessary this insurance be for sum as determined by Sydney Trains and shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Engineering Management Interfaces to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

16. No work is permitted within the rail corridor, or its easements, at any time unless prior approval or an Agreement has been entered into with Sydney Trains. Where the Applicant proposes to enter the rail corridor, the Principal Certifying Authority shall not issue a Construction Certificate until written confirmation has been received from Sydney Trains confirming that its approval has been granted.

17. If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Management Interfaces to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

18. Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

19. Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

20. Copies of any certificates, drawings, approvals/certification or documents endorsed by, given to or issued by Sydney Trains must be submitted to Council for its records prior to the issuing of a Construction Certificate.

21. Any conditions issued as part of Sydney Trains approval/certification of any documentation for compliance with the Sydney Trains conditions of consent, those approval/certification conditions will also form part of the consent conditions that the Applicant is required to comply with.

22. Prior to the commencement of works appropriate fencing is to be in place along the rail corridor to prevent unauthorised access to the rail corridor during construction. Details of the type of fencing and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

23. The development shall have appropriate fencing fit for the future usage of the development site to prevent unauthorised access to the rail corridor by future occupants of the development. Prior to the issuing of an Occupation Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary. Details of the type of new fencing to be installed and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

24. To ensure that graffiti can be easily removed, the Applicant is to ensure that fencing along the rail corridor is coated with anti-graffiti paint or other coating.

25. Prior to the commencement of works the Applicant shall peg-out the common property boundary with RailCorp’s land. This work is to be undertaken by a registered surveyor.

26. If the developer requires track possessions (the stopping of trains running on adjacent tracks) and/or power outages (shutting of power to Sydney Trains facilities) to undertake works, Sydney Trains Engineering & Maintenance Interface should be consulted and approval obtained prior to the commencement of works.

27. Given the possible likelihood of objects being dropped, thrown or blown onto the rail corridor from balconies, windows and other external features (e.g. roof terraces and external fire escapes) that face the rail corridor, the Applicant is required to install measures (e.g. awning windows, louvres, enclosed balconies etc.) which prevent the throwing of objects onto the rail corridor. The Principal Certifying Authority shall not issue the Construction Certificate until it has confirmed that these measures are to be installed and have been indicated on the Construction Drawings.

28. The developer shall make provision for easy and ongoing access by rail vehicles, plant and equipment to support maintenance and emergency activities.

29. Given the development site’s location next to the rail corridor, drainage from the development must be adequately managed/ disposed of and not allowed to be discharged into the corridor (and its easements) unless prior approval has been obtained from Sydney Trains.

30. Excess soil is not allowed to enter, be spread or stockpiled within the rail corridor (and its easements) and must be adequately managed/ disposed of.

31. During all stages of the development, environmental legislation and regulations will be complied with.

32. During all stages of the development extreme care shall be taken to prevent environmental harm within the railway corridor. Any form of environmental harm to areas within the railway corridor or legislative non-compliance that arises as a consequence of the development activities shall remain the full responsibility of the Applicant.

33. During all stages of the development, extreme care shall be taken to prevent any form of pollution entering the railway corridor. Any form of pollution that arises as a consequence of the development activities shall remain the full responsibility of the Applicant.

34. No scaffolding or hoarding is to be used facing the rail corridor unless prior written approval has been obtained from Sydney Trains. To obtain approval the proponent will be required to submit details of the scaffolding and hoarding, the means of erecting and securing this scaffolding, the material to be used, and the type of screening to be installed to prevent objects falling onto the rail corridor. Unless agreed to by Sydney Trains in writing, scaffolding shall not be erected

35. Where a condition of consent requires Sydney Trains or Transport for NSW endorsement the Principal Certifying Authority is not to issue a Construction Certificate or Occupancy Certificate, as the case may be, until written confirmation has been received from those entities that the particular condition has been complied with. The issuing of staged Construction Certificates dealing with specific works and compliance conditions can be issued subject to written agreement from those entities to which the relevant conditions applies without isolation and protection panels.

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

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

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

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

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

Section D Prior to the Issue of a Construction Certificate

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

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

Please contact council prior to the payment of S94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

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

Fee Type	Fee
GENERAL FEES
Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation. See https://portal.longservice.nsw.gov.au/bci/levy/
Builders Damage Deposit	$44,650.50
Inspection Fee for Refund of Damage Deposit	$310.00
DEVELOPMENT CONTRIBUTIONS
No.1 – Roads and Traffic Management – Residential	$25,504.55
No.5 – Open Space 2006	$404,448.19
No.9 – Kogarah Libraries – Buildings	$8,924.57
No.9 – Kogarah Libraries – Books	$6,363.14
TOTAL	$445,240.45

General Fees

Development Contributions

The Section 7.11 contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

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

Indexation

The above contributions will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant Section 7.11 Development Contributions Plan.

Timing of Payment

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

Further Information

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

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

Privacy Screen

a) An aluminium louvered privacy screen shall be installed along the south eastern boundary adjacent to the Communal Open Space located on level 4.

b) The screen shall extend the full length of the common wall between Level 4 Communal Open Space and the south eastern adjoining property.

c) The subject screen is not classified as a dividing fence. Therefore the cost of the screen shall be borne by the beneficiary of this consent at no cost to the adjoining property.

d) The height of the screen shall be a minimum of 1.8m above finished floor level measured at Level 4 Communal Open Space Area.

Storage areas

Storage areas are to be provided to each apartment in the basement level/s and within the apartment in accordance with the requirements of the Apartment Design Guide.

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

42. Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works. A copy shall be forwarded to Council where Council is not the PCA.

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

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

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

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

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

(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.

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

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

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

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

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

48. 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).

49. 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

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

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

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

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

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

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

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

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

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

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

51. Stormwater System - The submitted stormwater plan has been assessed and approved as a concept plan only. No detailed assessment of the design has been undertaken. A Detailed Stormwater Plan and supporting information of the proposed on-site stormwater management system is to be submitted. The required details in this Plan and the relevant checklist are presented in the document ‘Water Management Policy. Kogarah Council. August 2006’.

The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Concept Stormwater Plan for the proposed development. Any conceptual variations to the stormwater design will require written approval from Council and will require to be justified and supported by appropriate details, calculations and information to allow for proper assessment.

The Detailed Stormwater Plan is to address the following issue(s):

a) All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015

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

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

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

(a) Unit 1 of the onsite detention system is to have 34.5 m³Maximum Site Discharge of 32 Litres per Second. Unit 2 of the onsite detention system is to have 6.6 m³Maximum Site Discharge of 5.7 Litres per Second. This is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

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

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

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

Full details shall accompany the application for the Construction Certificate.

53. Pump-Out System Design for Stormwater Disposal - The design of the pump-out system for storm water disposal will be permitted for drainage of basement areas only, and must be designed in accordance with the following criteria:

(a) The pump system shall consist of two pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;

(b) The pump system shall be regularly maintained and serviced, every six (6) months; and

(c) Any drainage disposal to the street gutter from a pump system must have a stilling sump provided at the property line, connected to the street gutter by a suitable gravity line.

Details and certification of compliance from a professional engineer specialising in civil engineering shall be provided for approval with the Construction Certificate application.

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

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

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

(a) Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development $44,650.50

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

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

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

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

56. Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works. A copy shall be forwarded to Council where Council is not the PCA.

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

(a) location of protective site fencing;

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

(d) provisions for public safety;

(e) dust control measures;

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

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

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

(i) provisions for temporary sanitary facilities;

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

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

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

(m) construction and demolition traffic management details.

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

58. 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).

59. Acoustic Requirements - Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Report submitted and approved by Council, titled “Traffic and Rail Noise & Vibration Assessment” Proposed Residential Development 1 Ellen Subway, prepared by Rodney Stevens Acoustics, Report No. R170508R1, Revision 01 and dated 1 November 2017. Verification by a suitably qualified acoustic consultant of this demonstration of compliance must accompany the Construction Certificate Plans.

60. Site Investigation Requirements - Detailed Site Investigation - A detailed site contamination investigation of the deep soil zone only, proposed for onsite retention in the northern section of the development site, must be carried out by an appropriately qualified contamination consultant in accordance with the requirements of the relevant NSW EPA Guidelines approved under the Contaminated Land Management Act 1997 including the EPA Guidelines for Consultants Reporting on contaminated sites and shall certify the suitability of the site for the proposed development. If investigation finds that contamination makes the land unsuitable for the proposed development and remediation is required, a Remedial Action Plan (RAP) must be submitted to Council prior to Council making a determination. Council reserves the right to require a site audit of the RAP.

Site contamination – Additional information

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

Remedial Action Plan (RAP)

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

Remediation Works

All remediation work must be carried out in accordance with: -

· The Managing Land Contamination: Planning Guidelines SEPP 55 Remediation of Land; and

· The EPA Guidelines made under the Contaminated Land Management Act 1997.

· And in accordance with the proposed Remedial Action Plan.

Validation Report

After completion of all Remediation works, a copy of the Validation and Monitoring Report prepared by suitably qualified contaminated land consultant shall be submitted to Council. The Construction Certificate shall not be issued until Council approves this Report. The validation report shall be prepared in accordance with the Office Environment and Heritage Guidelines, Consultants Reporting on Contaminated Sites, and shall certify the suitability of the site for the proposed development.

· describe and document all works performed;

· include results of validation testing and monitoring;

· include validation results of any fill imported on to the site;

· show how the objectives of the Remedial Action Plan have been met;

· show how all agreed clean-up criteria and relevant regulations have been complied with; and

· include clear justification as to the suitability of the site for the proposed development and the potential for off-site migration of any residual contaminants.

61. Waste Storage area - Waste Facility - Details of the construction and fit out of the waste facility must be submitted to The Principal Certifying Authority. Such details must include:

i. provided with a hose tap connected to the water supply;

ii. paved with impervious floor materials;

iii. coved at the intersection of the floor and the walls;

iv. graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water);

v. adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997;

vi. Must be large enough to accommodate the bins required.

62. Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Certifying Authority prior to the issue of any Construction Certificate.

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

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

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

Residential Waste

The property will require 4 x 1100L bins collected once a week or 19 x 240L bins collected twice a week.

The property will also require 19 X240L bins which can be located in the waste room and moved to the basement for presenting at kerbside of collection day

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

· waste room floor to be sealed;

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

· all walls painted with light colour and washable paint;

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

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

· light switch installed at height of 1.6m;

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

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

· types and assist with odour reduction - this process generally takes place at

· building handover - building management make the decision to install;

· all personnel doors are hinged and self-closing;

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

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

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

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

64. Trade Waste Agreement - The applicant shall obtain a Trade Waste Agreement (if required) with Sydney Water before the Construction Certificate is approved.

65. Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans drawn by – ATC Landscape Architects. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

66. Design Quality Excellence (Major Development) -

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

70. 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.

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

(a) Set out before commencing excavation.

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

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

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

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

73. Demolition Notification Requirements - The following notification requirements apply to this consent:

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

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

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

74. 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.

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

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

The report must include the following:

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

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

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

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

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

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

The Dilapidation Report must be prepared by a professional engineer. The report must be provided to the PCA and a copy provided to the Council.

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

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

Section F During Construction

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

78. 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.

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

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

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

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

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

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

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

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

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

85. Physical connection of stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's infrastructure.

Section G Prior to the issue of the Occupation Certificate

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

Restrictions on Use of Land

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

Positive Covenants

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

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

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

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

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

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

87. Maintenance Schedule - On-site Stormwater Management - A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

88. Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and certification must be forwarded to the PCA and Council, from a professional engineer specialising in hydraulic engineering.

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

(a) The location of any detention basin/s with finished surface levels;

(b) Finished site contours at 0.2 metre intervals (if applicable)

(d) The location, diameter, gradient and material (i.e. PVC, RC etc.) of all stormwater pipes;

(e) The orifice size/s (if applicable);

(f) Details of any infiltration/absorption systems; and (if applicable);

(g) Details of any pumping systems installed (including wet well volumes) (if applicable).12.19 Development

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

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

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

c) Construct any new vehicle crossings required.

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

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

f) Work as Executed Plans prepared by a Chartered Professional Engineer or a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate.

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

(a) Construct a footpath for the full length of the frontage of the site in Princes Highway and Edward Street as required by Council in accordance with Council’s Specifications for footpaths.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

94. Allocation of street addresses - Prior to issue of an Occupation Certificate, All house numbering are to be allocated in accordance with AS/NZS 4819:2011 Rural and Urban Addressing & the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements. Council must be contacted in relation to all specific requirements for street numbering.

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

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

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

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

96. Building - (Structural Certificates) - The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

97. Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. Proof of compliance must be submitted with the application for the Occupation Certificate for approval.

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

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

100. Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the DA Acoustic Report titled Traffic and Rail Noise & Vibration Assessment, Proposed Residential Development 1 Ellen Subway, Mortdale (Report # R170506R1, Revision 0) dated 1 November 2017.

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

A suitably qualified person shall certify that the operation of the plant equipment shall not give rise to sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB. The source noise level shall be assessed as an LAeq, 15 min in accordance with the NSW Environment Protection Authority’s “NSW industrial Noise Policy.

Certification must be submitted to the PCA prior to the issue of any Occupation Certificate.

102. Electricity Supply - Evidence shall be provided demonstrating that the development has been connected to the Ausgrid, if required.

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

104. Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: 38 car spaces (1 car space per unit)

(b) Accessible car spaces: 1 accessible car space per adaptable dwelling

(d) Carwash bay: 1 car wash bay (which can be within a visitor’s space)

(e) Retail: 2 car spaces plus use of the loading bay as common property with the residential component

(f) Bicycle spaces: 4 spaces

(g) Motorbike spaces: 4 spaces

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

106. SEPP 65 Design Verification Statement - The PCA must not issue an Occupation Certificate to authorise a person to commence occupation of the residential flat development unless the PCA has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65Design Quality of Residential Flat Development.

Section H Operational Conditions (Ongoing)

107. Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

108. 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).

109. Final Acoustic Report – Verification of Noise report - Within three months from the issue of an Occupation Certificate, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report submitted by Vipac Engineers and Scientists Ltd, titled “Development Application Acoustic Assessment report No. 20E-17-0115-TRP-458521-2 dated 19 September 2017”, are effective in attenuating noise to an acceptable noise level and that the use is not likely to give rise to ‘offensive noise’ as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

110. Lighting – General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare. Flashing, moving or intermittent lights or signs are prohibited.

111. Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

112. Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas. The maintenance schedule shown on the approved landscape plan is to be undertaken in accordance with the details of that schedule. On the completion of the 12 month maintenance period, the landscape works shall be inspected and at the satisfaction of the landscape architect (PDS Paterson Design Studio), the responsibility will be signed over to the client.

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

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

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

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

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

Section I Operational Requirements Under the Environmental Planning & Assessment Act 1979

114. 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.

115. 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.

116. 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.

117. 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.

118. 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.

119. 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.

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

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

An Occupation Certificate Application Form is attached for your convenience.

Section J Prescribed Conditions

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

122. 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.

123. 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.

124. 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.

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

END CONDITIONS

NOTES/ADVICES

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

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

127. Appeal Rights - Division 8 (Appeals and Related matters) Part 4 of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

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

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

130. 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.

131. Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointment as the PCA, the Construction Certificate Application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Council’s DCP and AS 4299 Adaptable Housing.

132. Council as PCA - Total Conformity with BCA - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

· Mechanical ventilation to bathroom, laundry and basement areas not afforded natural ventilation.

· Provision of natural light to all habitable areas.

· Fire-fighting services and equipment including hydrant and booster assembly systems, sprinkler and valve room systems, hose reels, portable fire extinguishers, smoke hazard management systems and sound & warning systems.

· Emergency lighting and exit signs throughout, including terrace areas, lobby and basement areas.

· Construction of all fire (smoke) doors including warning and operational signage to required exit and exit door areas.

· The number of required exits, maximum travel distances and the discharge from exits including the swing and operation of exit doors.

· The protection of openings including spandrel separation.

· Fire compartmentation and fire wall separation details including all stairway, lift and service shaft areas.

· Protection of openings including paths of travel from fire isolated exists

· Re-entry facilities from fire isolated exit stairways.

· Sound transmission and insulation details.

· Window schedule is to include the protection of openable windows.

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate Application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative method of compliance with the BCA, such report must be submitted to and endorsed by the Principal Certifying Authority prior to issue of the Construction Certificate.

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

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

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

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

136. Electricity Supply - This development may need a connection to the Ausgrid network which may require the network to be extended or its capacity augmented. You are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services) for further details and information on lodging your application to connect to the network.

137. Development Engineering - Conditions relating to future Strata Subdivision of Buildings

No approval is expressed or implied for the subdivision of the subject building(s). For any future Strata subdivision, a separate Complying Development Certificate shall be approved by Council or an Accredited Certifier.

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

(a) Unit Numbering

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

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

(b) Car Parking Space Marking and Numbering

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

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

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

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

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

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

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

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

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

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

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

(e) On Site Detention Requirements

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

(f) Creation of Positive Covenant

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

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

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

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

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

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

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

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

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

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA) and reference this condition number (e.g. Condition 23)

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

ATTACHMENTS

Attachment ⇩1

Site analysis - 1 Ellen Subway Mortdale

Meeting:	Georges River Local Planning Panel (LPP)
Date:	Thursday, 21 February 2019
Time:	4.00pm
Venue:	Council Chambers, Civic Centre, Hurstville
Panel Members:	Adam Seton (Chairperson) Jason Perica (Epxert Panel Member) Milan Marecic (Expert Panel Member) Cameron Jones (Community Representative)
Council Staff:	Meryl Bishop (Director Environment and Planning) Ryan Cole (Manager Development and Building) Nicole Askew (Coordinator Development Assessment) Cathy Mercer (PA to Manager Development and Building) Monica Wernej (Admin Assistant)

LPP Report No	LPP006-19	Development Application No	DA2018/0038
Site Address & Ward Locality	11A Letitia Street Oatley Blakehurst Ward
Proposed Development	Mixed use development involving the retention of the Lodge room, demolition of the rear hall and construction of ground floor hall, kitchen, office and associated service rooms, three (3) levels of residential units comprising nine (9) units, roof top common open space and basement car park incorporating car stackers and associated site works
Owners	Masonic Holdings Ltd
Applicant	Oatley Masonic Centre c/o Roland Martinez, Cottee Parker Architects
Planner/Architect	Architect – Cottee Parker JPRA; Planner – Sutherland and Associates Planning
Date Of Lodgement	9/02/2018
Submissions	Total of five (5) submissions received to the DA
Cost of Works	$5,153,362.00
Local Planning Panel Criteria	Development to which State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development applies
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Kogarah Local Environmental Plan 2012; Kogarah Development Control Plan 2013 Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment; State Environmental Planning Policy No 55 - Remediation of Land; State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development; State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017; State Environmental Planning Policy (Infrastrucutre) 2007; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
List all documents submitted with this report for the Panel’s consideration	Architectural Plans
Report prepared by	Independent Assessment