AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 6 August 2020

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Sue Francis (Chairperson)

John Brockhoff (Expert Panel Member)

Jason Perica (Exper Panel Member)

Cameron Jones (Community Representative)

 

  

1. On Site Inspections - 1.00pm –  3.30pm

a)    18-24 Victoria Street Kogarah

b)    248 Railway Parade Kogarah

c)    13-21 Wyuna Street Beverley Park

 

 

 

 

Break - 3.30pm

 

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

 

Public Meeting Session Closed - 6.00pm

(Break – Light Supper served to Panel Members)

 


Georges River Council – Local Planning Panel   Thursday, 6 August 2020

Page 2

 

 

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

 

LPP032-20        13-21 Wyuna Street Beverley Park – DA2019/0439

(Report by Senior Development Assessment Planner)

LPP033-20        248 Railway Parade Kogarah – REV2020/0013

(Report by Senior Development Assessment Planner)

LPP034-20        18-24 Victoria Street Kogarah – REV2020/0011

(Report by Senior Development Assessment Officer)

 

 

 

 

4. Confirmation of Minutes

 


 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 06 August 2020

 

LPP Report No

LPP032-20

Development Application No

DA2019/0439

Site Address & Ward Locality

13-21 Wyuna Street Beverley Park

Kogarah Bay Ward

Proposed Development

Demolition works, lot consolidation and construction of a 7 storey residential flat building over 2 levels of basement parking, landscaping and site works

Owners

Mr and Mrs Coplin

Applicant

Wyuna Group Pty Ltd

Planner/Architect

Architect: Shiro Architects Planner: Think Planners

Date Of Lodgement

26/09/2019

Submissions

Thirty three (33)

Cost of Works

$16,421,429.00

Local Planning Panel Criteria

The application relates to development to which the State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies, and more than 10 unique submissions were received.

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

State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017,

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, State Environmental Planning Policy No.55 – Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Draft Environmental State Environmental Planning Policy, Draft State Environmental Planning Policy – Remediation of Land,

Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013, Draft Amendment to Section C2 – Medium Density Development of Kogarah DCP 2013 and Draft Georges River Local Environmental Plan 2020.

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

Site Plan

Elevations

 

 

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

Yes  - Clause 4.3 Height of buildings

Special Infrastructure Contributions

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

 

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

 

No, standard conditions have been attached with no design changes. The conditions can be reviewed when the report has been published.

 

Site Plan

The site is outlined in blue

 

Executive Summary

Proposal

1.         This development application (DA) seeks consent for the demolition of existing structures across five (5) sites, lot consolidation and the construction of a seven (7) storey Residential Flat Building (RFB) comprising a total of sixty four (64) apartments including two (2) levels of basement car parking catering for a total of 109 car parking spaces, landscaping and site works.

 

2.         The proposal has two (2) basement car parking levels accommodating one hundred and nine (109) residential car parking spaces including thirteen (13) residential visitor spaces. Vehicle access is provided via a two-way driveway from Wyuna Street along the eastern side of the site.

 

3.         The proposed development complies with the maximum floor space ratio (FSR), however the development exceeds the height control with the non-compliance relating only to the lift overrun. A Clause 4.6 Statement has been submitted which has been assessed in detail later in this report, however it is considered to be well founded and in this individual case is recommended for supported given the nature and degree of variation that has been applied for.

 

Site and Locality

4.         The development site is located on the north western side of Wyuna Street, approximately 100m from its intersection with Stubbs Street. It consists of five (5) existing allotments known as 13, 15, 17, 19 and 21 Wyuna Street, Beverley Park. These sites are legally identified as Lots 8, 20, 21, 22 and 23 in DP 7056.

 

5.         The consolidated site is irregular in shape. It has a total frontage to Wyuna Street of 62.43m and a total site area of 2,675.91sqm. The land falls gently to the street from the rear boundary.

 

6.         Presently situated on the site are five (5) residential dwellings, consisting of one (1) single storey house and four (4) two storey houses with ancillary structures including detached garages, sheds, garden beds and an in-ground swimming pool.

 

7.         This entire block (surrounded by Princes Highway to the north west, Stubbs Street to the north east, Lacey Street to the south west and Wyuna Street to the south east) has been “up-zoned” to R3 Medium Density Residential with a maximum height of 21m and a maximum Floor Space Ratio (FSR) of 2:1.

 

8.         The adjacent residential block to the west, bounded by Princes Highway, Lacey Street, John Street and Park Road, has also been up-zoned in the same manner.

 

9.         On the northern side of the Princes Highway to the aforementioned two (2) blocks is the Carlton strip shopping centre zoned B2 Local Centre.

 

10.      Land on the opposite side of Wyuna Street is zoned R2 Low Density Residential and is characterised by single dwelling houses.

 

Zoning and Permissibility

11.      The subject site is zoned R3 Medium Density Residential under the provisions of Kogarah Local Environmental Plan 2012 (KLEP 2012). The proposal involves the construction of a residential flat building which is a permissible use in the zone with development consent. 

 

Submissions

12.      The DA was publicly notified to neighbours for a period of fourteen (14) days in accordance with the Kogarah Development Control Plan 2013 (KDCP 2013). A total of thirty three (33) submissions were received raising concerns with parking and traffic congestion, privacy, design, concerns regarding the height, scale and bulk of the scheme and overlooking issues. These issues are discussed in greater detail in the body of this report. Amended plans were submitted to Council in February 2020 however the changes did not warrant re-notification as referenced in the Kogarah Development Control Plan 2013.

 

Reason for Referral to the Local Planning Panel

13.      This application is referred to the Georges River Local Planning Panel for determination as the proposal relates to a Residential Flat Building and the provisions of the State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development apply. It is also referred as over ten (10) unique submissions were received in response to the application.

 

Planning and Design Issues

14.      The proposal is an appropriate response to the site when considered against the Design Quality Principles of State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development. Its bulk and scale is consistent with the desired future character of the area as established by the Kogarah Local Environment Plan 2012 (KLEP) development standards for FSR and height.

 

15.      The proposal exceeds the building height development standard of 21m that applies to the site under KLEP 2012 with a small section of the top of the lift overrun encroaching the height limit by a maximum of 1.5m over the 21m height limit. The applicant has submitted a Clause 4.6 Statement which has been assessed in detail as part of this report and is considered to be well founded and is recommended that the height breach be supported.

 

16.      The proposal is fully compliant with the maximum FSR development standard that applies to the site under KLEP 2012. The proposal is therefore consistent with the desired future building density for the site.

 

Conclusion

17.      The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. The proposal is an appropriate response to the up-zoning of the land in an area that is undergoing a transition to medium density housing including Residential Flat Buildings (RFB). The bulk and scale of the building has satisfactorily been resolved via good articulation, appropriate building setbacks and a mix of materiality and textures. As a result the application is recommended for approval subject to conditions of consent.

 

Report in Full

DESCRIPTION OF THE PROPOSAL

18.      The proposal seeks consent for the demolition of all existing structures and the construction of a seven (7) storey Residential Flat Building (RFB) containing sixty four (64) apartments over two (2) levels of basement car parking for one hundred and nine (109) vehicles, landscaping and site works.

 

Figure 1: Proposed development

 

19.      A detailed description of the proposal is as follows:

 

Basement 2

-     Fifty eight (58) residential car parking spaces, three (3 being accessible)

-     Two lift and stair lobbies

-     Forty two (42) residential bicycle parking spaces

-     Twelve (12) motorbike spaces

 

Mezzanine Basement

-     Secure storage area that will be allocated to individual apartments

-     Plant room

-     Two lift and stair lobbies

 

Basement 1

-     Fifty one (51) car parking spaces comprising of the following:   

·    Thirteen (13) visitors car parking spaces (one space doubles up as a car wash bay).

·    Thirty eight (38) residential car parking spaces, 4 being accessible

-     Bin store room

-     Garbage chute compactor and bin store room

-     Two (2) lift and stair lobbies.

 

Ground Floor Plan

-     Eleven (11) apartments comprising:

·    3 x 1 bedroom apartments (two of which are adaptable apartments)

·    7 x 2 bedroom apartments

·    1 x 3 bedroom apartment

-     Dual lane vehicular access from Wyuna Street located on the eastern side of the site.

-     Landscaped front setback with a centrally located building entry

-     Three apartments have direct access to Wyuna Street

 

Levels 1 – 3

-     Eleven (11)  apartments on each level as follows:

·    10 x 2 bedroom apartments (one of which is an adaptable apartment) 

·    1 x 3 bedroom apartment

·    Two (2) lift lobbies and fire stairs.

 

Levels 4 – 5

-     Eight (8) apartments on each level as follows:

·    1 x 1 bedroom apartments (each being an adaptable apartment)

·    6 x 2 bedroom apartments 

·    1 x 3 bedroom apartment

·    Two (2) lift lobbies and fire stairs.

 

Level 6

-     Four (4) apartments as follows:

·    2 x 1 bedroom apartments  

·    1 x 2 bedroom apartment

·    1 x 3 bedroom apartment

·    Two (2) lift lobbies and fire stairs

-     Communal roof top open space area comprising of the following:

·    Approximately 185sqm of communal open space area in three (3) separate locations

·    Multiple seating and outdoor eating areas both covered and uncovered.

·    BBQ facilities. (no WC is proposed, and cannot be conditioned as the floor space ratio is at its maximum)

 

20.      The proposal involves the removal of the fourteen (14) trees from the site and the retention of eleven trees on site.

 

DESCRIPTION OF THE SITE AND LOCALITY

21.      The subject site is located on the north western side of Wyuna Street. The site is located approximately 100m from the intersection of Wyuna Street and Stubbs Street.

 

22.      The subject site consists of five (5) allotments with the following legal descriptions:

·    Lot 8 DP7056 (13 Wyuna Street)

·    Lot 20 DP7056 (15 Wyuna Street)

·    Lot 21 DP7056 (17 Wyuna Street)

·    Lot 22 DP7056 (19 Wyuna Street)

·    Lot 23 DP7056 (21 Wyuna Street)

 

23.      The consolidated site is an irregular shape. It has a total combined frontage width of 62.43m and a total site area of 2,675.91sqm.

 

24.      The land falls gently from the rear boundary to the street.

 

25.      The sites are currently occupied by one and two storey dwelling houses with driveways and various ancillary outbuildings and a swimming pool. Refer figures 2 and 3 below.

 

          Figure 2: 13, 15 and 17 Wyuna Street, Beverley Park

 

Figure 3: 7 Wyuna Street, Beverley Park

 

26.      Land on the opposite (south and south eastern side of Wyuna Street is zoned R2 Low Density Residential and is characterised by single dwelling houses. This area is residential in nature and largely low scale in its character.  

 

27.      This entire block (surrounded by Princes Highway to the north and north west, Stubbs Street to the east, Lacey Street to the west and the northern side of Wyuna Street) has been “up-zoned” to R3 Medium Density Residential in which residential flat buildings (RFB) are permitted to a maximum height of 21m and a maximum Floor Space Ratio (FSR) of 2:1. The adjacent block to the west, surrounded by Princes Highway, Lacey Street, John Street and Park Road, has also been up-zoned in the same manner and contains a heritage item which is the subject of an appeal in the Land and Environment Court.

 

28.      The Georges River Local Planning Panel recently determined (12 December 2019) by way of approval a development application for the redevelopment of the site adjacent to the subject site to the east, known as 5-11A Wyuna Street, Beverley Park (DA2018/0516) for a six (6) storey RFB. Figure 4 shows the approved elevation to Wyuna Street.    

 

Figure 4: Front elevation of approved development at 5-11A Wyuna Street (Source PDB Architects, 2019)

 

29.      On the opposite side of the Princes Highway to the rear of the proposed development is the Carlton strip shopping centre zoned B2 Local Centre.

 

30.      These B2 properties encourage mixed land uses. Most recently a mixed use development was approved at 325-329 Princes Highway (DA2017/0491) (refer to figure 5 below).

 

Figure 5: Front elevation of the approved development at 325-329 Princes Highway

 

31.      Also 313-323 Princes Highway is currently under construction where the Land and Environment Court approved a six storey mixed use development with commercial premises on the ground floor (refer to figure 6 below) at this site.

 

Figure 6: Front elevation of the approved development at 313-323 Princes Highway

 

32.      The immediate precinct is undergoing a process of transition and transformation to larger scale medium density residential developments and larger scale mixed use developments along Princes Highway.

 

State Environmental Planning Policies (SEPPs)

33.      Compliance with the relevant SEPPs is summarised in the following table and discussed in further detail below it.

 

Compliance with State Planning Policies

SEPP Title

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

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

Yes

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

Yes

 

State Environmental Planning Policy (Infrastructure) 2007

Yes

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

Yes

 

Deemed State Environmental Planning Policy – Georges River Catchment

34.      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 subject to conditions.

 

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

35.      A BASIX Certificate has been issued for the proposed development and the commitments required under the certificate have been satisfied. Conditions of consent imposed.

 

State Environmental Planning Policy No 55 - Remediation of Land

36.      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.

 

37.      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.

 

38.      The site has a history of residential uses and as such, site contamination is not suspected. A Preliminary Site Investigation (PSI) Report No E24014.E01 dated 15 October 2018 prepared by eiaustralia was submitted with the application, which concludes the site is suitable for its intended use (refer page ii).

 

39.      Based on the information provided, a contingency condition has been included in the recommended conditions detailing what is required to take place should unexpected contamination be found during demolition, excavation and construction.

 

State Environmental Planning Policy (Infrastructure) 2007

40.      The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The Infrastructure SEPP also examines and ensures that the acoustic performance of buildings adjoining the rail corridor or busy arterial roads is acceptable and internal amenity within apartments is reasonable given the impacts of adjoining infrastructure.

 

41.      Clause 102 of the SEPP, “Impact of road noise or vibration on non-road development”, is relevant to this DA on the basis that the proposal involves the construction of residential accommodation on land that is generally adjacent to the road corridor of Princes Highway (having an annual average daily traffic volume exceeding 20,000 vehicles) and is likely to be adversely affected by road noise or vibration. As a result, the following provisions of Clause 102 of the SEPP are relevant:

 

(3) If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

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

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

 

42.      An Acoustic Report (Traffic and Environmental Noise Assessment) was submitted with the DA, dated 8 May 2020 and prepared by Acoustic Logic. The report addresses the provisions of the Policy with respect to achieving acoustic compliance. Council’s Environmental Health Officer has reviewed the report and provided conditions of consent.

 

43.      The DA was also referred to Ausgrid on 2 October 2018 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. No objection to the proposal was raised by Ausgrid and no conditions recommended.

 

44.      The provisions and requirements of the Infrastructure SEPP have been addressed and satisfied by the proposal.

 

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

45.      The Vegetation SEPP aims to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.

 

46.      The Vegetation SEPP applies to clearing of:

 

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

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

 

47.      The Vegetation SEPP repeals clauses 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.

 

48.      The proposal involves the removal of fourteen (14) trees from the site and the retention of eleven (11) trees on the site. Council’s Consultant Arborist has reviewed the proposed tree removal and raised no objection to approval of the trees on the basis that for every tree to be removed, two (2) are to be planted, plus the planting of three (3) street trees. These new trees will satisfactorily offset the loss of the existing trees with quality native replacement plantings.

 

49.      On this basis, the proposal is consistent with relevant provisions of the Vegetation SEPP.

 

Draft State Environmental Planning Policies

Draft Environment SEPP

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

 

51.      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.

 

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

 

Draft Remediation of Land SEPP

53.      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.

 

54.      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.

 

55.      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.

 

56.      The site has a history of residential uses and as such, site contamination is not suspected. A Preliminary Site Investigation (PSI) Report No E24014.E01 dated 15 October 2018 prepared by eiaustralia was submitted with the application, which concludes the site is suitable for its intended use.

 

57.      Based on the information provided, a contingency condition has been included in the recommended conditions detailing what is required to take place should unexpected contamination be found during demolition, excavation and construction.

 

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

58.      State Environmental Planning Policy No.65 – Design Quality of Residential Flat Buildings (SEPP 65) was gazetted on 26 July 2002 and applies to the assessment of DAs for RFBs of three or more storeys in height (excluding car parking levels) and containing at least four dwellings. Amendment 3 to SEPP 65 commenced on 17 July 2015 and implemented various changes including the introduction of the Apartment Design Guide (ADG) to replace the Residential Flat Design Code. Given the nature of the development proposed, SEPP 65 applies.

 

59.      The proposal involves the erection of a new 7 storey RFB (excluding basement car parking) containing 64 apartments and is therefore affected by the SEPP.

 

60.      In determining DAs to which SEPP 65 relates, Clause 28(2) of the SEPP requires that the consent authority take into consideration:

 

a)    the advice (if any) obtained from the design review panel, and

b)    the design quality of the development when evaluated in accordance with the design quality principles, and

c)    the Apartment Design Guide.  

 

61.      The proposal was considered by the Georges River Design Review Panel (DRP) on 13 June 2019. The DRP assessed the merits of the development against each of the nine (9) Design Quality Principles and the provisions of the Apartment Design Guide (ADG). The DRP’s comments are included and addressed within the table below, along with further comment from Council’s Planner.

 

62.      In addition to satisfying the Design Quality Principles, the proposal generally satisfies relevant requirements of the ADG pertaining to design quality and amenity of the apartments. The proposal satisfies the amenity, internal layout and design requirements of the ADG. The Panels comments are summarised and addressed in the table below.

 

Application of SEPP 65

Clause

Standard

Proposal

Complies

3 - Definitions

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

Complies with definition

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB. The definition of an RFB in the SEPP includes mixed use developments.

The erection of an RFB satisfies the SEPP’s definition of this residential land use.

Yes

Design Verification

Design verification statement provided by qualified designer

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect: Hiromi Lauren   (Registration No.8848)

Yes

 

            Part 2 Design Quality Principles under the SEPP

SEPP 65 – Design Quality of Residential Flat Buildings 

DRP Comment (italic text are comments from the Pre DA design)

Planners comment

Context and Neighbouring 

Character 

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

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

 

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

The site consolidates five properties in an area zoned R3 Medium Density Residential.  To date there has been no change within the locality that disrupts the existing pattern of development, which consists of single storey detached dwellings.  Development on the subject site will introduce a structure of radically different bulk and scale.  It is essential that “the first cab off the rank” should establish a very good precedent that will set a high standard for future development.  In this regard it is considered that the proposal in its present form is not responsive to the existing context or desired future character.

 

A heritage item is located to the north west at 188 Princes Highway.  Care is necessary to ensure that the visual impact of any developments within the visual catchment of the late Victorian House does not detrimentally impact on its setting.  The Panel believes that the application documentation demonstrates that this important contextual issue has not been addressed.

 

It is acknowledged that the submission is meant for a Pre DA discussion.  Nevertheless, the Panel found the drawings unresolved and confusing.  For instance, the incomplete cross sections are not keyed to the plans and are taken through parts of the proposed building that do little to explain it, in particular the internal courtyard is not shown.

 

Of note is the very large Camphor Laurel tree which is immediately adjacent to the subject site within the heritage lot at 118 Princes Highway. This is a landmark tree and requires careful consideration and protection. An arborist should be engaged to assess the tree and its tree protection zones. This information should be incorporated into the critical site characteristics and accommodated in the design.

 

Wyuna Street is the key interface between two zones (B2 to adjacent low density residential). It is important for any new developments to improve the streetscape. The Panel recommends the Council and applicants pursue undergrounding of power lines along the full length of the street thereby providing space for large street trees to complement existing street trees on the adjacent verge.

The proposal is compatible with the context of the site and the neighbourhood character in a transitioning area. The proposal is an appropriate response to the site that is consistent with the desired future character of the locality and will enhance the streetscape. The built form is generally compliant with the ADG. These will ensure ample separation of the building from both existing and future built form on adjacent sites to the front and rear

The proposal’s bulk and scale is an appropriate response to the up-zoning of the site under the New City Plan (KLEP 2012 Amendment No. 2).  Its street façade is well articulated with a variety of appropriately sized openings and protruding balconies. All other facades are well modulated with various inset portions and balconies serving to break up the length of the side walls and an interesting variation in materiality on each external wall.

 

 

 

 

 

 

 

The design has been amended to ensure protection of the Camphor Laurel tree and Council’s Arborist raises no concern with the proposed development.

Built Form and Scale 

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

 

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

 

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

There are several aspects of the proposed built form and scale of the preliminary design the Panel found to be unsatisfactory:

 

The basic built form and planning remain problematic and it had been hoped that the applicant would adopt a different approach to the design, however this has not been done and the following detailed comments are made:

 

·    The internal courtyard is intended to be a key element of the concept.  However it will have no winter solstice solar access and would create privacy conflicts between the communal space and adjacent units;

 

Detailed planning has mitigated some of the privacy conflicts; however the ‘courtyard’ would remain more of a light-well and not an attractive entrance to the building.

 

·    The main entrance is through an extremely narrow, 6 storey high, space of oppressive proportions and most unwelcoming;

 

This is now better resolved, however the configuration of doors is awkward and the entrance semi enclosed courtyard lobby is of poor amenity.

 

·    The second entrance/egress route is a long narrow tunnel;

·    Both these spaces scale 1000mm wide, which is accessibility non-compliant;

 

The main entrance has been modified as noted above, however the amenity of this entrance layout is still problematic.

 

·    Functionality of the internal courtyard is poor;

·    Noise emanating from the courtyard would be unacceptable to residents;

·    The internal circulation in courtyard passes by the windows, courtyards and habitable areas of ground floor apartments;

 

The internal courtyard has been modified to provide an open slot to the rear garden; however the functionality of this space is still problematic. It would also receive very little sunlight and would present privacy and noise issues for adjacent residents.

 

·    Access to both lift lobbies is indirect and has major amenity impact on adjoining units;

 

This remains an issue in relation to the eastern lift, which should face towards the main lobby, as does the other lift.

 

·    The corridors serve as the lift lobbies providing a confined space where people will congregate;

 

See above.

 

·    Fire egress compliance needs to be confirmed – the pathways are not fire isolated?

 

No comment at this stage.

 

·    Communal open space at ground floor is not functional;

 

The design has slightly changed to create an approximately 3m wide gap between the rear wing of the building to access a communal open space at the rear boundary. This location would generate privacy issues to both the immediately adjacent apartments and residents in the adjoining properties to the north. A communal open space has been provided at roof level, which is in principle a satisfactory location, but further consideration needs to be given to resolving privacy issues with the adjacent apartments.

 

·    There is no evidence of sensitivity or transition of scale to heritage items;

 

This remains an issue.

 

·    Given the absence of a suitable location at ground level the communal space should be placed at rooftop;

 

Refer comments above.

 

·    Unit layouts are poor, eg there are snorkel bedrooms, living areas of apartments face south into the central space; long corridors within bedrooms waste floor area;

 

Generally now acceptable

 

·    Both lifts should access the roof serving a roof top communal open space with interconnection in case of breakdown;

 

This has been provided.

 

·    Ground floor units with street address should have separate entry from street to activate street;

 

Three (3) of the apartments have been provided with separate entry but this should also be provided to apartment on the south eastern corner.

 

·    The 3D presentation showed an achromatic palette of materials which is unsympathetic to the context.

 

See further comments under ‘Aesthetics’.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The courtyard has been deleted and a simplified building entry is now proposed.

 

 

 

 

 

The courtyard has been deleted.

 

 

 

 

 

 

 

 

 

 

 

The courtyard has been deleted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The internal courtyard has been deleted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The eastern lift services the ‘eastern’ building and therefore the door faces east.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The courtyard has been deleted and now the communal open space at ground level is provided as landscaped gardens along all site boundaries.

 

 

 

 

 

 

 

 

 

 

 

A Heritage Impact Statement was submitted and reviewed by council’s Heritage Advisor who supports the proposal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The four street facing apartments each have individual entries from Wyuna Street.

 

Density 

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

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

Complies in this proposal, may not be able to achieve full FSR in a better resolved design.

 

Compliance requires confirmation by Council.

 

It is noted that the height is exceeded marginally although this could be accepted based on the provision of communal roof top space.

The proposal complies with the maximum FSR for the site, and a minor height variation is proposed to the lift overrun, which is supported by a Clause 4.6 Statement and is discussed later in this report.

 

The proposal is very similar in height and FSR to that recently approved at 5-11A Wyuna Street, and is consistent with the desired built form for future development on this side of Wyuna Street.

Sustainability 

Good design combines positive environmental, social and economic outcomes. 

 

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

Not discussed at the meeting.

 

The application is a large development and requires comprehensive investigation of sustainability measures such as rainwater recycling, solar generation of power, etc. It is unclear how much deep soil area has been provided. Given the lot scale of this size (greater than 1500sqm) there is capacity to provide at least 15% deep soil. This is critical to provide adequate capacity for substantial trees that can mitigate urban heat.

The proposal provides 15% of the site as deep soil area.

 

The proposal is BASIX compliant.

Landscape 

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

 

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

 

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

The landscape drawings presented do not identify the species in detail on plan making it difficult to assess.  The Panel’s comments are as follows:

 

·    The potential of the deep soil areas should be exploited to place large trees;

·    Deep soil along the east and west sides of the side is too narrow to sustain large trees;

·    The viability of green walls is dubious and requires high levels of maintenance;

·    Revisions to built form layout to consolidate the building footprint and eliminate the internal courtyard could substantially improve ground level landscape spaces, deep soil and contribute to neighbourhood amenity.

 

Whilst minor changes have been made to the internal courtyard this is still a poor landscape space. Furthermore the deep soil on the eastern and western boundaries is inadequate and would not provide capacity for trees. This requires changes to the building footprint.

 

Priority should be given to the following;

 

·    Providing usable well-designed communal open space at roof level. This should include smaller spaces or varying scales, planters with appropriate soil and irrigation, as well as other amenities such as BBQ’s seating shade etc.

·    Provision of large shade trees (greater than 10m height) to front, rear and side setbacks

·    Plantings to provide privacy between private gardens and adjacent properties

 

The revised scheme proposes a combination of private and communal open space adjacent to residential apartments Level 6, however the layout and configuration requires further review particularly in regard to privacy impacts for adjacent apartments. The applicant should re-plan Level 6 apartments to provide a communal open space clear of adjoining apartments. The design should avoid long narrow corridors of communal open space.

 

Additional comments:

 

·    The proposal should underground power lines and provide new street tree planting on the verge

·    The front landscape zone should include an avenue of large trees to complement existing street trees

·    Synthetic turf is not supported and should be replaced either planted zones on deep soil or with planting on podium

Council’s Consulting Arborist has reviewed the proposal and supports the landscape design.

 

The basement design was amended to protect the Camphor Laurel tree on the adjacent site and substantial ground level and podium planting is proposed.

 

 

 

 

 

 

 

 

 

The internal courtyard has been deleted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The rooftop communal open space has been redesigned and provides suitable separation between communal and private areas. Three (3) separate areas are proposed on the rooftop for use by residents which will assist in reducing noise impacts to the rooftop apartments as the areas can accommodate people in separate areas rather that one large consolidated area.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A condition of consent has been recommended to underground power lines.

 

 

 

The street and front setback are suitably landscaped and no synthetic turf is proposed.

Amenity 

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

 

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

The Panel’s comments on amenity shortcomings are as follows:

 

·    Cross ventilation is questionable;

 

Now satisfactory

 

·    In unit storage and basement storage is deficient;

 

Appears satisfactory subject to Council verification.

 

·    Snorkel bedrooms have poor outlook;

 

These should be improved by reducing the depth of snorkel and including small space for desk or seat.

 

·    Poor quality circulation spaces at upper floors

 

Now acceptable

 

·    Basement – no indication of garbage arrangements;

 

Subject to Council approval

 

·    Disabled person car spaces are not considered;

 

Now provided subject to Council check

 

·    Lift waiting areas in basements must be away from the traffic aisle or have bollards;

 

Now acceptable

 

·    Solar access to apartments does not meet ADG guideline of 70%;

 

Claimed to now comply. This appears to rely on solar access only to kitchen and dining rooms in several apartments which is less than desirable.

 

·    Poor amenity of ground level communal open space and associated privacy issues for ground floor units;

 

Refer comments above under ‘Built Form’ and ‘Landscape’.

 

·    Poor amenity of central courtyard.

 

This remains a concern.

 

 

 

 

 

 

 

Complies with ADG.

 

 

 

 

Storage cages provided in basement mezzanine level.

 

 

 

Snorkel bedrooms removed.

 

 

 

 

 

 

 

 

Bin store areas shown in basement level 1.

 

 

 

 

 

 

Compliant.

 

 

 

 

 

 

Suitable.

 

 

 

 

 

Compliant with ADG.

 

 

 

 

 

 

 

 

 

 

 

Suitable – refer comments above.

 

 

 

Central courtyard has been deleted.

Safety 

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

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

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

Building access provides places of concealment.  Otherwise the design is not sufficiently developed to comment.

 

The entry has awkward configuration of doors, recessed in different configurations which would present safety issues. These could readily be simplified.

 

 

 

 

 

 

The entry has been redesigned to provide a single central pedestrian entry that is easily identifiable from the street.

Housing Diversity and Social Interaction 

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

 

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

 

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

The unit mix is unsatisfactory at 81% two (2) bedrooms.  No indication of adaptable units at this stage – desirably located at ground level.

 

Remains problematic. It is noted that ‘dual key’ is proposed for three apartments, but this does not address the basic issue. A development of this scale should be provided for a broad social mix for the long term future, not a mix which seeks only maximum financial yield at a particular time.

 

 

 

 

 

 

All apartments are now single key. A suitable mix of 1B, 2B and 3B apartments are proposed and adaptable apartments have been suitably annotated.

Aesthetics 

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

 

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

Refer to ‘Built Form and Scale’ comments. 

 

There is insufficient information to enable a proper assessment.

 

The street façade is over complex and over assertive given its interface with low scale residential on the immediate opposite side of the road. It is recommended that the architect simplify the projecting balconies and reduce the strong contrast of dark and light tones. There are too many contrasting materials that make the building feel visually cluttered.

 

 

 

 

 

 

The façade has been simplified and the amended design is a more suitable response to the context of the site. Horizontal and vertical elements, including a mix of rendered masonry, glass and metal balustrades, with a dark colour for the recessed areas and rooftop apartments is proposed.

 

63.      The amended plans have addressed the DRP comments and the development is considered to be a suitable and acceptable design response for the site.

 

64.      Clause 28 of SEPP 65 requires the consent authority to take into consideration the provisions of the Apartment Design Code. The table below assesses the proposal against these provisions. 

 

Part 3 and Part 4 – Compliance with the ADG

Clause

Standard

Proposal

Complies

3D - Communal open space

 

 

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

Minimum 668sqm

 

 

 

 

 

 

 

2. Developments achieve a minimum of 50% direct

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

The calculations indicate the total area of communal open space amounts to 669sqm (25% of the site). There are two areas of communal open space provided as part of the development:

 

Ground floor – 481sqm

Rooftop – 185sqm within three (3) separate areas

 

Well over 50% of the area of communal open space will achieve in excess of 2 hours of solar access during midwinter.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

3E – Deep Soil zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

Min deep soil area of 7% (187.31sqm)

 

Minimum dimension of 6m

Deep Soil Zone (DSZ) calculation = 401sqm (15%)

 

 

 

 

 

As the site area exceeds 1,500sqm, the only parts of the site considered to be deep soil areas need to exceed 6m in width.

Yes

 

 

 

 

 

 

Yes

 

3F- Visual Privacy

Separation between windows and balconies is provided to ensure visual privacy is achieved.

 

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

 

Up to 12m (4 storeys)

Habitable - 6m

Non-habitable – 3m

 

Up to 25m (5-8 storeys)

Habitable – 9m

Non-habitable – 4.5m

Ground: Minimum - 6m

 

Levels 1-3: Minimum - 6m with the exception of the balcony corner of apartments 108, 208 and 308 which are setback 5.916m.

 

 

 

 

 

 

 

Levels 4: Minimum - 9m

 

 

 

Levels 5 and 6: Minimum - 9m

Yes

 

Yes

On merit (0.084m encroachment)

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

3G – Pedestrian Access and entries

Building entries and pedestrian access connects to and addresses the public domain.

 

Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge

The building entry is clearly identifiable from Wyuna Street.

 

 

 

 

Separate front entries to the ground floor apartments 101, 102 and 111 off Wyuna Street are provided.

 

 

Yes

 

 

 

 

 

Yes

3H-Vehicle Access

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

The dual driveway access to the basement has been provided off Wyuna Street (eastern side of the development site).

 

The size and location of the driveway is considered satisfactory and no conflicts are anticipated with the adjoining development approved next door.

Yes

3J-Bicycle and car parking

For development in the following locations:

 

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

 

-    On land zoned and sites within 400m of land zoned B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

 

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

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

The subject site is not within an “accessible location, pursuant to the ADG and as such compliance with the parking provisions of Part B4 of the Kogarah Development Control Plan 2013 (KDCP) are applicable in this assessment. See below.

 

 N/A

B4 Parking and Traffic Controls of KDCP 2013

Residential parking:

7 x 1 bedroom units @ 1 space per unit = 7 spaces required

 

50 x 2 bedroom units @ 1.5 spaces per unit = 75 spaces required.

 

7 x 3 bedroom units @ 2 spaces per unit = 14 spaces required

 

Total required resident parking =  96 spaces

96 resident spaces are proposed.

7 of which are accessible.

Yes

 

Visitor parking:

64 total units @ 1 space per 5 units = 13 (12.8) spaces required

13 visitor spaces are provided with one space doubling up as a car wash bay.

Yes

 

Car wash bay:

1 bay, which can also function as a visitor space

1 car wash bay is provided which doubles as a visitor space, nominated as space 1.

Yes

 

Bicycle Parking:

1 space per 3 dwellings = 22

 

1 space per 10 dwellings for visitors = 8 spaces

 

Total = 30 spaces required

Forty two (42) residential bicycle parking spaces are provided in Basement No 2.

 

 

 

 

 

Yes

4A- Solar and daylight access

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

 

A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm in midwinter

70% (48 apartments) achieve a minimum of 2 hours sunlight in midwinter.

 

 

 

 

 

 

 

 

12.5% (8 apartments) receive no sunlight due to their location on the southern/street side of the building.

Yes

 

 

 

 

 

 

 

 

 

 

Yes

4B- Natural Ventilation

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

 

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

 

 

The building should include dual aspect apartments, cross through apartments and corner apartments and limit apartment depths

60% (46 apartments) are cross ventilated.

 

 

 

 

The development has been designed to comply with the ADG in that the depth of cross over apartments does not exceed 18m and the design has sensitively considered the location.

 

The development provides dual aspect apartments, cross through and corner apartments.

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

4C-Ceiling Heights

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

 

Habitable rooms  = 2.7m

 

Non-habitable rooms = 2.4m

The floor to floor heights at each level are 3m in order to cater for slabs, servicing and ducting, however, floor to ceiling heights of 2.7m can be achieved at each level.

Yes

4D-1 Apartment size and layout

Apartments are required to have the following minimum internal areas:

 

1 bedroom = 50sqm

2 bedroom = 70sqm

3 bedroom = 90sqm

 

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

 

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

The internal floor areas of each apartment satisfy the requirements of the ADG.

 

1 bedroom = Min. 50sqm

2 bedroom = Min. 75sqm

3 bedroom = Min. 95sqm

 

Calculated accordingly.

 

 

 

 

 

 

Given that the building satisfies the minimum separation distance required window openings are generous and standard sizes which are greater than 10% of the floor area of the room.

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

4D-2 Apartment size and layout

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

 

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

Within prescribed range.

 

 

 

 

Within prescribed range.

Yes

 

 

 

 

Yes

 

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

 

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

 

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

-3.6m for studio and 1 bedroom

- 4m for 2 and 3 bedroom apartments

 

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

All master bedrooms have internal areas with a minimum of 10sqm.

 

 

 

 

A minimum dimension of 3m is achieved.

 

 

 

 

 

 

 

Living spaces have a minimum width of 4m.

 

 

 

The minimum width of 4m has been achieved.

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

4E- Private Open space and balconies

All apartments are required to have primary balconies as follows:

- 1 bedroom = 8sqm/2m depth

 

 

 

- 2 bedroom = 10sqm/2m depth

 

 

- 3+ bedroom = 12sqm/2.4m

 

 

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

 

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

 

 

 

1 bedroom apartments have minimum areas for their balconies of 8sqm depth criterion met.

 

2 bedroom apartments have minimum balcony areas of 10sqm depth criterion met.

 

3 bedroom apartments have minimum balcony areas of 12sqm depth criterion met.

 

All balconies exceed 1m in the area calculated.

 

 

 

Ground floor apartments comply with minimum area and dimensions.

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

Yes

4F- Common circulation areas

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

Two (2) lifts service each floor as the floor plates are split. The maximum number of apartments serviced by one lift is five (5).

Yes

4G- Storage

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

 

 

 

1 bedroom = 6m³

2 bedroom – 8m³

3 bedroom – 10m³

 

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

The basement has been designed to provide for individual storage spaces for apartments. Every apartment includes additional storage areas above the provision of wardrobes in bedrooms.

 

1 bedroom = Minimum 6m³

2 bedroom = Minimum 8m³

3 bedroom = Minimum 10m³

Yes - Storage areas are indicated on the floor plans for each apartment which are at least 50% of the total storage provided.

4H- Acoustic Privacy

Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses.

Window and door openings are generally orientated away from noise sources

 

 

 

 

 

 

 

 

 

 

 

 

 

Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas

 

Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources

A detailed assessment in respect to the acoustic compliance of the scheme has been discussed in detail earlier. Some additional construction methods will need to be implemented to improve acoustic amenity internally within the apartments. These measures are standard for developments adjoining a noisy roadway. They relate to specific materials (glazing, sealing areas, types of finishes, implementing mechanical ventilation to some habitable areas, flooring finishes etc.). These requirements will not significantly impact on the built form of the proposal.

 

Achieved

 

 

 

 

 

 

 

 

Generally acceptable

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

4J – Noise and Pollution

To minimise impacts the following design solutions may be used:

• physical separation between buildings and the noise or pollution source

• residential uses are located perpendicular to the noise source and where possible buffered by other uses

• buildings should respond to both solar access and noise. Where solar access is away from the noise source, non-habitable rooms can provide a buffer

• landscape design reduces the perception of noise and acts as a filter for air pollution generated by traffic and industry

The design solutions within the ADG which seeks to minimise noise and acoustic impacts have been considered through the design and layout of apartments.

Yes

4K – Apartment Mix

A range of apartment types and sizes is provided to cater for different household types now and into the future.

 

The apartment mix is distributed to suitable locations within the building

The development offers a mix of 1, 2, and 3 bedroom apartments in the following manner:

 

7 x 1 bedroom apartments = 10.9%

50 x 2 bedroom apartments = 78.1%

7 x 3 bedroom apartments = 10.9%

Yes

4L – Ground Floor Apartments

Street frontage activity is maximised where ground floor apartments are located.

 

Design of ground floor apartments delivers amenity and safety for residents.

Four (4) apartments directly address the street and have been designed to provide casual surveillance of the street and privacy for residents.

Yes

4M - Facades

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

The facades of the building are well resolved with an appropriate level of articulation including to the street. The proposal adequately addresses Objective 4M-1 of the ADG, which states “Building Facades provide visual interest along the street while respecting the character of the local area.” There is an appropriate degree of expression of vertical scale and modulation within the facades to respect and respond to the existing and future desired streetscape character. The fenestration of the building has been improved and the podium and the part four (4) storey elements of the building have been more distinctly defined and independently treated so to differentiate the recessed upper levels.

Yes

4N – roof design

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

 

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

The roof design is a standard flat roof form which is consistent with the general character and form of the building.

 

The roof includes three (3) areas of communal open space which complies with the intention of the ADG.

Yes

4O – Landscape Design

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

The landscape design has been discussed in detail earlier in this report. The concept is considered to be well designed with an integrated landscape plan which will improve landscaping across the site and will improve the visual appearance of the development and general nature of the streetscapes that the development adjoins as currently there is limited planting on the street. The proposed landscape plan includes the planting of three (3) street trees to Wyuna Street.

Yes

4P- Planting on Structures

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

The design includes a series of planter boxes on structures, adjacent to balconies and bedrooms and the ground floor communal open space. This will enhance the elevations by introducing green walls to the built form.

Yes

4Q – Universal Design

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

Satisfactory – the design offers a wide variety of apartment styles and forms many of which can be integrated and amalgamated in the future where necessary.

Adaptable apartments have been nominated on levels 1 through 5 inclusive.

Yes

4R – Adaptive reuse

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

Some apartments have been designed so they could be amalgamated, consolidated or reduced. There is some general adaptability within the design.

Yes acceptable

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

A compliant BASIX Certificate accompanies the application.

Yes

4V – Water management and conservation

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

The stormwater and drainage design is considered to be satisfactory and compliant subject to conditions.

Yes

4W – Waste Management

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

The waste management arrangement is satisfactory. The design relies on two (2) separate garbage areas within the basement. The Waste Management Plan outlines the disposal of waste during construction and for when the development is occupied. Waste bins will be taken out onto Wyuna Street for collection.

Yes

4X – Building Maintenance

Building design provides protection form weathering

Enables ease of maintenance, material selection reduces ongoing maintenance cost

Suitable materials have been selected for the building finishes.

Yes

 

Environmental Planning Instruments

Kogarah Local Environmental Plan 2012 (KLEP 2012)

Zoning

65.      The subject site is zoned Zone R3 Medium Density Residential under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012). Refer to zoning map below. The proposed development is defined as a Residential Flat Building which is a permissible land use in the zone.   

 

Figure 6: Zoning map the site is outlined in blue

 

66.      The objectives of the zone are as follows:

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

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

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

 

67.      The proposal satisfies the objectives of the R3 Zone as it will provide for a variety of residential apartments in a medium density residential environment.

 

68.      The extent to which the proposal complies with the relevant standards of Kogarah Local Environmental Plan 2012 (KLEP2012) is outlined in Table 5 below.

 

KLEP2012 Compliance Table

Clause

Standard

Proposed

Complies

2.2 Zone

R3 Medium Density Residential

The proposal is defined as a Residential Flat Building (RFB) which is a permissible use within the zone.

Yes

 2.3

Objectives

Objectives of the Zone

Consistent with zone objectives.

Yes

4.1A Minimum lot sizes for Residential Flat Buildings

Clause 4.1A requires a minimum site area of 1,000sqm for the purpose of RFB’s in the R3 zone

The total site area is 2,675.91sqm.

Yes

4.3 – Height of Buildings

21m as identified on Height of Buildings Map

The building exceeds the 21m height limit. The encroachment includes only the lift overrun which reaches a maximum height of 22.15m.

 

A Clause 4.6 Statement has been submitted and is addressed in detail later in this report.

No

4.4 – Floor Space Ratio

2:1 as identified on Floor Space Ratio Map

2:1 – there is no WC in the roof top communal area, this is desirable for functionality but cannot

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

The GFA has been calculated correctly.

Yes

4.6 –

Exceptions to Development Standards

The objectives of this clause are as follows:

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

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

 

The proposal exceeds the height control pursuant to Clause 4.3 of the KLEP and therefore a Clause 4.6 Statement was submitted to justify the non-compliance with the control.

 

 

No - A Clause 4.6 Statement has been submitted for the height variation. See the assessment below.

5.10 – Heritage Conservation

The objectives of this clause are;

(i) to conserve the environmental heritage of Kogarah,

(ii) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.

The proposal does not adjoin any environmental heritage item nominated under KLEP 2012.

 

There is a Heritage item located at 186-190 Princes Highway identified as 13 “McWilliam House”, a house and garden and the property is of local significance.

 

Council’s Heritage Advisor has reviewed the proposal and raises no concern with the development, subject to a condition in relation to any archaeological finds uncovered during demolition and excavation of the site.

This site is subject to an appeal in the Land and Environment Court for a residential flat building with basement parking incorporating the heritage item.

Yes

Figure 7: Zoning map the site is outlined in blue

6.1 Acid Sulphate Soils (ASS)

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

The site is not affected by Acid Sulfate Soils under KLEP 2012.

 

N/A

6.2 Earthworks

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

The proposed development includes excavation and associated earthworks to accommodate two (2) levels of basement car parking.

Yes subject to conditions.

6.5 Airspace Operations

The consent authority must not grant development consent to development that is a controlled activity within the meaning of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth unless the applicant has obtained approval for the controlled activity under regulations made for the purposes of that Division.

CASA provided comment on the proposal on 16 October 2019 and advised the height of the proposed development is below the Obstacle Limitation Surface (OLS).

 

 

N/A

 

Exception to Development Standards

Detailed assessment of variation to Clause 4.3 Height of Buildings

69.      The objectives of Clause 4.6 are as follows

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

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

 

70.      The proposed development seeks a variation to the development standard relating to height (Clause 4.3). The Kogarah Local Environmental Plan 2012 (KLEP) identifies a maximum height of 21m for the site (refer to Figure 8 below) and the proposed development will exceed the height by 1.15m which comprises the lift overrun (Figure 9). This amounts to a 5.5% variation to the control. This extent of non-compliance occurs at the lift overrun centrally located within the building. The remainder of the building is below the 21m height limit.

 

71.      Any variation to a statutory control can only be considered under Clause 4.6 – Exceptions to Development Standards of the KLEP. An assessment of the proposed height against the survey plan levels was conducted to indicate the Applicant’s calculations are generally accurate.

 

Figure 8: Height of buildings map the site is outlined in blue

 

Figure 9: Height blanket diagram

 

72.      Clause 4.6(3) states that:

“Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

-      that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

-      that there are sufficient environmental planning grounds to justify contravening the development standard”

 

73.      To support the non-compliance, the applicant has provided a request for a variation to Clause 4.3 in accordance with Clause 4.6 of KLEP. The Clause 4.6 request for variation is assessed as follows.

 

Is the planning control in question a development standard?

74.      Height of Buildings control under Clause 4.3 of the KLEP 2012 is a development standard. The maximum permissible height is 21m.

 

What are the underlying objectives of the development standard?

75.      The objectives of Height of Buildings standard under Clause 4.3 of KLEP 2012 are:

(a)  to establish the maximum height for buildings,

(b)  to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

(c)  to provide appropriate scale and intensity of development through height controls.

 

Compliance is unreasonable or unnecessary in the circumstances of the case (clause 4.6(3)(a))

76.      There have been several Court cases that have established provisions to assist in the assessment of Clause 4.6 statements to ensure they are well founded and address the provisions of Clause 4.6. In Wehbe V Pittwater Council (2007) NSW LEC 827 Preston CJ set out ways of establishing that compliance with a development standard is unreasonable or unnecessary.

 

77.      Preston CJ in the judgement then expressed the view that there are 5 different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the policy, as follows (with emphasis placed on number 1 for the purposes of this Clause 4.6 variation:

 

1.    The objectives of the standard are achieved notwithstanding non-compliance with the standard;

2.    The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3.    The underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4.    The development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5.    The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard that would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.

 

78.      The Clause 4.6 Statement was prepared in consideration of the recent court cases and their judgements.

 

79.      Applicants comment: “Compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the underlying objectives of the control, and the objectives of the zone, are achieved despite the non-compliance to the numerical development standard as set out above, which satisfies Wehbe Test 1.

 

The objectives of the building height development standard are stated as:

(1)   The objectives of this clause are as follows:

(a)     to establish the maximum height for buildings,

(b)     to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

(c)     to provide appropriate scale and intensity of development through height controls

 

The current development proposal, despite the numerical non-compliance, remains consistent with the objectives, which are identified accordingly, based on the following:

 

•     The proposal will not result in any additional overshadowing impacts to adjoining properties as compared to a compliant form given the structures are recessed and the shadow is cast from the level below this and the minor departure to the height does not increase the overshadowing.

 

•     The design of the building ensures that all of the habitable floor space is contained below the maximum building height line which indicates that the variation is not simply a means of achieving additional development yield on the site, but a site specific design response.

 

•     In this case the variation partially stems from the provision of communal open space and associated structures on the roof top level which provides for an improved planning outcome to maximise amenity for residents without unreasonable impacts to adjoining properties;

 

•     The development does not result in unacceptable loss of views to adjoining properties given the modulation in form, and generous setbacks.

 

•     It should be noted, the proposal will incorporate appropriate finishes, fencing, feature walls and landscaping that will all positively contribute to the public domain areas and visual appreciation of the streetscape and overall development.

 

•     The overall height of the development presents as a compatible form of development to the anticipated high density residential development that are emerging in the locality, including the two applications on adjoining properties that are also lodged with minor height departures.

 

•     The proposed development incorporates a complying floor space ratio as per the provisions of the KLEP 2012, which will ensure that the scale of the proposed development will be appropriate and will be visually consistent with the permitted building height with the variation relating to the rooftop common open space area and lift overrun.

 

•     The additional height does not generate any additional amenity impacts given the location of the site and the surrounding site context; and

 

•      The proposal will provide for a number of distinct public benefits: o Delivery of additional housing in an accessible location;

       o       Creation of jobs during the construction stage;

o       The traffic modelling concludes that the impact of the development on the surrounding traffic network is acceptable.

o       The scale and intensity of the development is appropriate noting that the proposal complies with the maximum height, majority of setbacks and DCP prescriptive controls, which demonstrate an appropriate development outcome.

      

As outlined above the proposal remains consistent with the underlying objectives of the control and as such compliance is considered unnecessary or unreasonable in the circumstances. The above discussion demonstrates that there are sufficient environmental planning grounds to justify the departure from the control. This also satisfies Wehbe Test 1.”

 

Clause 4.6(3)(b) are there sufficient environmental planning grounds to justify contravening the standard

80.      Having regard to Clause 4.6(3)(b) and the need to demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard, it is considered that there is an absence of any negative impacts of the proposed non-compliance on the environmental quality of the locality and amenity of adjoining properties in terms of overshadowing, overlooking or view loss.

 

81.      Applicants Comment: “As outlined above the proposal remains consistent with the underlying objectives of the control. In addition to the above it is noted that the development, including the departure to the height control enables the following to occur which demonstrates environmental planning grounds to support the numerical non-compliance.

 

-      Adopt an appropriate Urban Form: The proposal provides for a variety of building heights and building modulations, with the development to be viewed within a high density urban setting at the front of the site and a landscaped setting at the rear that exceeds the required levels of landscaped area, deep soil, and common open space.

 

-      Articulate / Undulated Roof Form: The roof form has been revised to incorporate an articulated/undulated roof form to reflect the emerging rhythm in this high density precinct. The roof form will provide visual interest to the proposal whilst having negligible impact on the amenity of neighbouring properties in terms of overshadowing or privacy.

 

The demonstrates that there are sufficient environmental planning grounds to justify the departure from the control.”

 

Clause 4.6(4)(a)(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out

82.      Clause 4.6(4) states that:

 

“Development consent must not be granted for development that contravenes a development standard unless:

(a)   the consent authority is satisfied that:

 

(i)      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)     the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out,”

 

83.      Applicants Comment: “In accordance with the provisions of Clause 4.6(4) Council can be satisfied that this written request has adequately addressed the matters required to be demonstrated by Clause 4.6(3).

 

As addressed the proposed development is in the public interest as it remains consistent with the objectives of the building height control and the objectives of the R3 zone.

The objectives of the R3 zone are:

 

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

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

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

 

The proposal is consistent with the objectives of the R3 zone, insofar as the development is not antipathetic to the zone objectives (per Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21).

 

The development is consistent with the zone objectives noting that:

-      The development will provide for the housing needs of the community within a medium density environment;

-      The development contributes to a variety of housing types in a medium density environment;

-      The development will maximise public transport patronage by providing residential accommodation in an accessible location;

-      The development is designed to respond to the context and setting of the locality and the development is consistent with the desired future character of the locality; and

-      The development is designed to minimise impact on the amenity of the area and adjoining properties.”

 

(a)  to establish the maximum height for buildings,

84.      Officer Comment: The site and its immediately adjoining properties have been recently up scaled to allow for medium to larger scaled development. In part this is due to the location of the sites adjoining a busy roadway as these conditions cater for larger scaled developments. Figure 7 shows the extent of the immediate precinct which allows for a maximum height of 21m.

 

(b)  to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

85.      Officer Comment: This objective relates to considering the amenity impacts associated with the non-compliance. In terms of visual impact the structure is centrally located which reduces its visual appearance from the immediately adjoining streetscapes.

 

86.      The objective seeks to “minimise” the visual impact, it is not requiring it to be eliminated or totally negated, and as such seeing the structure is not a reason for refusal, it’s the impact of the visual interference of this structure that is to be controlled. It can be said that in this case it is a small scale ancillary structure which will not be highly visible or an intrusive element given the scale and proportions of the building. It will not be visible from immediately adjoining properties and streetscapes given that it is centrally located. The roof top terrace area is located within the height limit so the use of that area is within the height control. There will be no adverse impacts in terms of overshadowing or overlooking to adjoining properties from the encroaching element.

 

(c)  to provide appropriate scale and intensity of development through height controls.

87.      Officer Comment: New developments of a similar nature have been approved along John Street, Wyuna Street and Princes Highway (these developments have been considered and included earlier in this report) and have established a precedent for development in the street and immediate precinct. The proposed development is consistent with the pattern of development that is slowly being established in the up-zoned precinct.

 

88.      The proposed encroachment on the maximum height of the building which only relates to the lift overrun can be catered for in this location given the siting, orientation and the fact the buildings comply with the anticipated building envelope which is largely compliant with the ADG and KDCP in terms of the separation distances, landscaped area requirements, front setback control etc. The proposed development is considered to satisfy the objectives of the development standard.

 

89.      Officers comment: The exceedance of the control generally satisfies the objectives of the zone for the following reasons:

 

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

 

90.      The development is providing for the housing needs within a medium density residential environment with a mix of apartment choices and layouts.

 

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

 

91.      The development incorporates a diversity of apartment types (offering 1, 2, and 3 bedroom apartments, including adaptable and liveable apartments).

 

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

 

92.      The development is residential in nature and does not include any additional land uses. This objective is offering some greater flexibility in the provision of land uses within this zone and is not a mandatory requirement.

 

93.      The area of non-compliance is considered to be reasonable and will not establish an undesirable precedent. It will not have any adverse effect on the surrounding locality, which is emerging to be characterised by residential development of comparable character. The proposal promotes the economic use and development of the land consistent with its zone and purpose. The Panel is requested to invoke its powers under Clause 4.6 to permit the variation proposed.

 

94.      The public benefit of the variation is that it will appropriately facilitate the provision of medium density housing on a R3 zoned site and provide for a range of housing stock. It is noted that in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ clarified what items a Clause 4.6 does and does not need to satisfy. Importantly, there does not need to be a "better" planning outcome resulting from the non-compliance.

 

95.      The second matter was in cl 4.6(3)(b), where the Commissioner applied the wrong test in considering this matter by requiring that the development, which contravened the height development standard, result in a "better environmental planning outcome for the site" relative to a development that complies with the height development standard (in [141] and [142] of the judgment). Clause 4.6 does not directly or indirectly establish this test. The requirement in cl 4.6(3)(b) is that there are sufficient environmental planning grounds to justify contravening the development standard, not that the development that contravenes the development standard have a better environmental planning outcome than a development that complies with the development standard.

 

96.      The roof top area and its associated ancillary structures could be deleted and the building largely compliant however this space will add value and provide greater functionality and amenity for the future occupants. The ADG encourages the use of rooftop spaces.

 

97.      The shadow diagrams submitted with the architectural plans demonstrate the non-compliance does not result in any additional shadow beyond a compliant built form due to the central location of the lift overrun and the shadow being cast from the topmost wall on the south eastern elevation of the building.

 

98.      In this case the proposal seeks to establish the preferred and appropriate design and built form outcome for this site with the building complying in large with the height standard. There will be no adverse amenity or visual impacts generated by the variation and the proposal satisfies the objectives of the zone and the development standard. In this case the justification to vary the height control is considered to be a reasonable and well-founded request.

 

Clause 4.6(b) the concurrence of the Secretary has been obtained.

99.      Concurrence from the Secretary has been obtained and can be assumed in this case.

 

100.    It is considered that the Clause 4.6 Statement lodged with the application addresses all the information required pursuant to Clause 4.6 and the statement is considered to be well founded as there are sufficient environmental planning grounds to justify contravening the standard given that in this case the proposal satisfies the objectives of the zone and development standard (Clause 4.3, building height control).

 

Draft Georges River Local Environmental Plan 2020

101.    The Local Planning Panel considered the report on the outcomes of the Public Exhibition and Finalisation of Georges River Local Environmental Plan 2020 (DLEP2020) on 25 and 26 June 2020. In relation to this development site the zoning, height and floor space ratio remain unchanged.

 

102.    Consideration is given to the provisions of Draft Georges River Local Environmental Plan 2020 in the assessment this application.

 

103.    In this regard, the provisions have no determining weight as a result of proposed operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.”  

 

Development Control Plans 

KOGARAH DEVELOPMENT CONTROL PLAN NO 2013 (KDCP)

104.       The following compliance table is an assessment of the proposal against the Chapter B controls.

 

KDCP 2013 Compliance Table

PART B – GENERAL CONTROLS

Required

Proposed

Complies

B2 Tree Management and Greenweb

Compliance with provisions of Clause 5.9 Preservation of Trees or Vegetation of KLEP 2012 must be achieved.

The proposal meets the requirements of SEPP (Vegetation in non-rural areas) 2017.

Yes

B3 – Development near busy roads and rail corridors

Acoustic assessment for noise sensitive development may be required if located in the vicinity of a rail corridor or busy roads

An Acoustic report was prepared by Acoustic Logic and assessed the development against the provisions of Clause 102 of the Infrastructure SEPP.

The acoustic report provided a series of recommendations in the form of implementing construction techniques and materials that will assist in ameliorating acoustic impacts on the internal areas of the building. A detailed discussion regarding the acoustic compliance was conducted earlier in this report and considered adequate subject to conditions.

Yes

B4 Parking and Traffic

Residential parking:

7 x 1bedroom units @ 1 space per unit = 7 spaces required

50 x 2 bedroom units @ 1.5 spaces per unit = 75 spaces required.

7 x 3 bedroom units @ 2 spaces per unit = 14 spaces required

Total required resident parking =  96 spaces

A total of 109 spaces are required (which include the 13 visitor car spaces and 7 accessible spaces). The development provides for 109 spaces in total which satisfies Council’s requirement.

 

Yes

Visitor parking:

64 total units @ 1 space per 5 units = 13 (12.8) spaces required

13 visitor spaces are provided with one space doubling as a car wash bay (nominated as space 1).

 

Yes

 

Car wash bay:

1 bay, which can also function as a visitor space

1 car wash bay is provided which doubles as a visitor space.

Yes

Bicycle Parking:

1 space per 3 dwellings = 22

1 space per 10 dwellings for visitors = 8 spaces

Total = 30 spaces required

Forty two (42) residential bicycle parking spaces are provided in Basement 1.

 

Total = 42 spaces provided

Yes

 

Car park access and layout to comply with relevant Australian Standards

Ramps, parking, aisle widths and parking spaces satisfy the provisions of AS2890.

Yes

B5 – Waste Management and Minimisation

Submit Waste Management Plan (WMP)

Provide a dedicated caged area within the bin room for the storage of discarded bulky items.

WMP was submitted with the DA.

 

The building contains a waste chute, two bin store rooms and a bulky waste store area in Basement Level 1.

Yes

B6 – Water Management

All developments require consideration of Council’s Water Management Policy

The proposed method of stormwater management is considered satisfactory subject to conditions.

Yes

B7 – Environmental Management

Building to be designed to improve solar efficiency and are to use sustainable building materials and techniques

Design, materials, siting and orientation generally optimise solar efficiency, with a high proportion of north facing window openings. The development is BASIX-compliant.

Yes

 

Recent Amendment to Part C2 – Medium Density Development of Kogarah DCP 2013

105.    Arising from the significant increase in development activity as a result of the New City Plan (Amendment No 2) to the Kogarah Local Environmental Plan gazetted in May 2017 which permitted greater density (2.5:1 and 2:1) and height (21m), Council immediately  proceeded to prepare an amendment to Part C of the Kogarah Development Control Plan for the area generally bounded by the Princes Highway, Stubbs Street/Poulton Avenue and Wyuna Street, Beverley Park, and Park Road and John Street, Kogarah Bay as a first priority and as a second priority, the west side of the Princes Highway from Jubilee Avenue to Park Road which is in part High Density B6 zone and in part High Density B2 zone. The report is to address, but not limited to the following matters:

 

“(a)      i.       Site isolation and amalgamation

ii.      Vehicular access, parking and circulation

iii.     Traffic impact

iv.     Landscape character

v.      Proposed building envelopes that provide a transition/interface to the land zoned R2 at the rear of these high density zones, which allow for a stepping down to a 9m height limit to the rear of developments that back onto R2 residential zones.

vi.     Impact on Heritage Item I3 “Sunnyside” at 186-188 Princes Highway

(b)     That prior to the report being presented to Council that a briefing be provided to Councillors.

(c)     That the General Manager prepare a report on the outcomes of the traffic assessment that is currently underway for the areas that were up-zoned under the New City Plan (Amendment No 2) to the Kogarah Local Environmental Plan gazetted in May 2017.”

 

106.    Council has engaged Consultants to prepare a new Development Control Plan 2020 which will consolidate and harmonise existing controls and establish appropriate new controls to assist with redevelopment for up zoned sites.

 

In summary the development of the DCP will involve five (5) stages;

·    Stage 1 Community Participation Plan

·    Stage 2 General and Industrial

·    Stage 3 Residential Precincts

·    Stage 4 Business Precincts

·    Stage 5 Specific Sites and Localities   

      

107.    Stage 3 aims to review and establish controls across different precincts and categories of residential developments (residential flat building’s, multi-dwelling housing, dwelling houses, dual occupancy’s etc). The first task within this stage is to look at medium density development within R3 zoned areas. Nine (9) precincts have been identified for specific attention, as they have been up zoned and the current controls in the Development Control Plans are outdated and not reflective of the scale and form that is permitted under the Local Environmental Plans. The subject site falls within the Kogarah Bay Precinct (No.9) refer to Figure 10 below.

 

Figure 10: Map highlighting the nine (9) R3 precincts within the LGA that are being considered in accordance with the DCP review

 

108.    One of the key identified areas of concern relate to there being no current controls which consider the interface of new larger developments and their treatment and transition to lower scale residential zones, that adjoin these area, predominantly zoned R2 having 9m and 12m height limits.

 

109.    This DA was lodged on 26 September 2019 before the introduction of the latest controls in Chapter C2 of the KDCP, however at its meeting on 25 May 2020, Council adopted Part C2 - Medium Density Housing; with amendments as a result of submissions received; and review by the Design Review Panel and Council officers. The adopted Part C2 DCP has replaced the current Part C2 - Medium Density Housing and repealed Appendices 2, 3 and 4 of the Kogarah DCP 2013.

 

110.    The following compliance table is an assessment of the proposal against the current C2 controls that came into effect in June 2020.

 

Part C2- Medium Density Housing – Kogarah DCP 2013

Part 1 Residential Flat Buildings

Required

Proposed

Complies

1. Minimum site requirements

1000sqm minimum lot size

24m minimum frontage

2,675sqm

62.43m

Yes

Yes

2. Site isolation and amalgamation

Adjoining sites not to be left isolated.

 

Site amalgamation requirements apply for specific sites.

The proposal does not cause any site isolation.

 

The site is not subject to any amalgamation requirement.

Yes

 

 

N/A

3. Building Setbacks

Front setbacks

Up to four (4) storeys – 5m

Above four (4) storeys – 8m (increased setback may be required if street is <20m wide)

 

Minimum - 4.9m

Minimum - 9m

 

 

 

 

Yes

Yes

 

 

Side boundary setbacks

Up to four (4) storeys – 6m

Above four (4) storeys – 9m

 

Minimum - 6m

Minimum - 9m

 

Yes

Yes

Rear boundary setbacks

Up to four (4) storeys – 6m

Above four (4) storeys – 12m

 

Minimum - 6m

Minimum - 9m

 

Yes

No – however complies with the ADG which is a higher order instrument and takes precent.

Encroachments into boundary setbacks:

Ground floor private open space may encroach up to 2m into the 5m front setback leaving a min 3m of landscaped area to the street.

 

Ground floor private open space may encroach up to 3m into the side setback leaving a min 3m of landscaped area to the street.

 

 

Maximum of 3m of landscaped area.

 

 

 

 

 

Maximum of 3m of landscaped area.

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

Setbacks are to be landscaped

All setbacks are landscaped.

Yes

Powerlines to be underground

Standard condition imposed.

Yes

Sub-stations, fire booster valves and waste bin storage structures need to be integrated into the development and identified at the DA stage.

Indicated on the plans in a suitable location.

Yes

4. Basement Setbacks

3m from site boundaries

South

West

North

East

 

3m

Min. 3m

3m

Nil – to provide separation from the tree on the adjoining site to the north-west.

 

Yes

Yes

Yes

Acceptable in order to retain a large tree that provides amenity to the locality.

Basement setback areas are to be deep soil areas as defined in the ADG

The basement setback areas provided are deep soil. 

Yes

Driveways and crossings are to be located a minimum of 1.5m from a side boundary

2m setback within the front setback

Yes

5. Façade Treatment and Street Corners

Building facades to be clearly articulated with high quality materials and finishes.

 

Modulation and articulation in the building form to be explored.

 

Large areas of blank, minimally or poorly articulated walls are not acceptable. Façade treatments such as wall cladding and green walls should be considered as alternatives.

 

Clear glazing balustrades to be avoided where they are visible from the public domain. 

Satisfactory – a mix of rendered masonry, face brick, metal, timber look cladding and glass.

 

 

Satisfactory – the facades are well articulated through different finishes, balconies and setbacks.

 

Satisfactory - a mix of materials and finishes are proposed.

 

 

 

 

 

 

 

Satisfactory – a mix of glass and metal balustrades are proposed.

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

6. Landscaped area and Private Open Space

A minimum 10% of the site is to be landscaped area that is not impeded by buildings or structures above or below ground level with a minimum dimension of 2m on two axes.

15% and compliant widths achieved.

Yes

Private open space to be adjacent to and visible from the main living area/dining rooms and be accessible 

Provided for each apartment.

Yes

Private open space and balconies must comply with Part 4E of the ADG

All apartments comply.

Yes

7. Common Open space

Common Open Space to be a minimum of 25% of the site area with a minimum dimension of 5m.

Communal open space provided is 669sqm (25%) with a minimum 5m dimension.

Yes

 

 

A maximum of 50% of common open space may be provided above ground level.

Less than 50% COS is provided on the rooftop.

Yes

At least 50% of the required common open space area is to receive 2 hours of direct sunlight between 9am and 3pm on 21 June.

Greater than 50% of the rooftop communal areas will receive more than 2 hours direct sunlight during midwinter.

Yes

A minimum of 50% of the total area of common open space provided at ground level is to comprise unpaved landscape area.

Complies as this area is deep soil landscaping.

Yes

The useable and trafficable area of any rooftop common open space is to be setback a minimum of 2.5m from the edge of the roof of the floor below with landscape planters to prevent overlooking.     

Complies – setbacks achieved.

Yes

Roof top open space areas should include equitable access.

Equitable access via lifts and ramps have been provided throughout the development.

Yes

Ancillary structures such as lift overruns and staircases should be centralised to reduce their visual dominance. 

Fire stairs and lift over runs are centrally located.

Yes

8. Solar Access

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

Given the lot orientation and the nature of the development approved on the adjoining allotments the minimum solar access can be achieved.

Yes

 

9. Vehicular access, parking and circulation

Car parking to be provided in accordance with Part B4 unless objective 3J-1 of the ADG applies.

The development complies with the KDCP numerical parking requirements.

Yes

Car parking layout and vehicular access complies with AS2890.1-2004

Complies – will be reinforced via conditions of consent.

Yes

All residential flat buildings to provide car wash bay

A visitor car wash bay has been provided (car space 1). The KDCP allows for a visitor space to double as a car wash bay.

Yes

10. Views and view sharing

Provide for reasonable sharing of views

The location does not have significant views. The development generally complies with height requirements and is reasonable in terms of view sharing.

Yes

11. Dwelling Mix

Dwellings that propose more than 10 dwellings are to provide a mix of dwellings  as follows: 

Studio apartments and 1 bed apartments - 20% min

2 bed apartments – 30% max

3 bed apartments – 15% min

The proposal includes the following apartments mix:

7 x 1 bedroom apartments = 11%

50 x 2 bedroom apartments = 78%

7 x 3 bedroom apartments = 11%

No however the proposal provides a suitable mix of 1, 2 & 3 bedroom apartments.

12. Adaptable and accessible housing

51+ units – 6 adaptable units + 10% of additional units beyond 60 (rounded up to the nearest whole number

64 units proposed – 7 adaptable units required

Every adaptable unit needs to have an accessible car space.

Sixty four (64) apartments are proposed which requires that seven (7) adaptable apartments are provided.

 

Seven (7) adaptable apartments are proposed with provision for accessible parking.

Yes

 

 

 

Yes

 

 

111.    Where a non-compliance has been identified in the table above, the proposal is considered acceptable on merit as the application was lodged well before the exhibition and adoption of the latest DCP controls for this type of development.

 

Interim Policy – Georges River Development Control Plan 2020

112.    Council at its Environment and Planning Committee Meeting dated 11 June 2019 resolved to adopt the Georges River Interim Policy DCP. 

 

113.    The Interim Policy is a public policy that is to be used as a guide to set a consistent approach for the assessment of residential development within the LGA. It is a supplementary document, meaning that current DCP controls will prevail if they are considered best practice. The Interim Policy has no statutory recognition in the assessment of DAs pursuant to the Environmental Planning and Assessment Act, 1979 (EP&A Act).

 

114.    An assessment of the proposal has been carried out against the provisions of the Interim Policy as set out in the following table.

 

Interim Policy – Georges River DCP 2020

Standard

Proposed

Complies

Site Frontage

20m

62.43m to Wyuna Street.

Yes

Building Height

The relevant LEP controls relating to building height will prevail over DCP controls that relate to height in storeys

The proposal exceeds the height control but is supported by the provision of a Clause 4.6 Statement. This statement is considered to be well founded as discussed in detail earlier in this report.

Yes

Private Open Space

The ADG requirements prevail over the DCP controls for private open space

The proposal is fully compliant with the ADG’s private open space requirements.

Refer to “4E – Private Open Space and Balconies” within the ADG Compliance Table above.

Yes

Communal Open Space

The ADG requirements prevail over the DCP controls for COS

 

The proposal is considered to comply with the requirements of the ADG with respect to COS.

 

Refer to “3D – Communal Open Space” within the ADG Compliance Table above.

Yes

 

Parking

In accordance with 'A Plan for Growing Sydney' (Department of Planning and

Environment):

·    If located in a strategic centre (ie Kogarah CBD and Hurstville CBD) and within 800m of a Railway, the “Metropolitan Regional Centre (CBD)” rates apply.

·    If located within 800m of a railway and outside the strategic centres the “Metropolitan Subregional Centre” rates apply.

·    If located outside of 800m of a Railway, the relevant DCP applies.

The KDCP parking requirements need to be satisfied as the site is not located near a railway station or close to a commercial centre in accordance with the ADG provisions.

The proposal satisfies the numerical requirements of the KDCP.

Solar Access

The ADG requirements prevail over the DCP controls for solar access

 

The proposal is acceptable on merit as the development meets the ADG Solar Access requirements as detailed within the ADG Compliance Table above.

Refer to “4A – Solar and Daylight Access” within the ADG Compliance Table.

Yes

 

DEVELOPER CONTRIBUTIONS

115.    The proposed development would require payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. If the development consent is granted a condition outlining the required contributions will be imposed.

 

116.    The table below shows the contributions which are applicable for this development. A condition is imposed if consent is issued that reflects the contributions as stated.

 

Kogarah Section 94 Contribution Plan No.1 – Road and Traffic Management – Residential

$12,397.97

Kogarah Section 94 Contribution Plan No.5 – Open Space

$647,480,62

Kogarah Section 94 Contribution Plan No.9 – Kogarah Libraries – Books

$10,428.87

Kogarah Section 94 Contribution Plan No.9 – Kogarah Libraries – Building

$14,27.25

Total Development Contributions payable

$684,934.71

 

IMPACTS

Natural Environment

117. The proposed development will not adversely affect the natural environment subject to the site being planted with replacement trees as shown on the approved landscape plan. The removal of existing trees has been reviewed by Council’s Consultant Arborist and is deemed acceptable subject to conditions.

 

118. The proposal includes excavation that has been assessed as being reasonable in the context of the site and consistent with the extent of excavation expected in an R3 Medium area that has seen uplift in building height and FSR to permit the construction of basement car parking. Excavation impacts will be managed through standard conditions of consent that have been imposed to protect the environment with respect to contamination and impact onto adjoining allotments and the public domain.

 

Built Environment

119. The proposal represents an appropriate planning outcome for the site with respect to its bulk, scale and density, façade articulation and expression and is an appropriate response to the context of the site and its R3 Medium Density Residential zoning.

 

120.    The buildings four (4) storey podium with recessed upper levels will also ensure that it has an appropriate relationship with the lower scaled R2 zoned residential properties on the opposite side of Wyuna Street, and will provide a reasonable transition between those R2 zoned dwelling houses and future six (6) and seven (7) storey mixed use development fronting Princes Highway which is to the north of the site.

 

Social Impact

121.    No adverse social impacts have been identified as part of the assessment. The proposed development, in principle, will cater for a cross-section of the community and will assist with providing for additional housing in the area. The construction of residential apartments on the site is consistent with the residential zoning of the land.

 

Economic Impact

122. There is no apparent adverse economic impact that is likely to result within the locality due to the construction of additional apartments. The construction of these apartments was to be reasonably expected as a result of the New City Plan’s gazettal. The impact of new development on nearby property values is not a matter for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. It is likely there will be a small positive economic impact as a result of the construction of the development.

 

Suitability of the site

123.    The site is zoned R3 – Medium Density Residential. The proposal is a permissible form of development in this zone and has been designed to reflect the context of the area as it evolves and as it exists. This immediate precinct is going through a process of change and transition and the proposal is in line with the intentions of Council’s recent up-zoning of these sites.

 

SUBMISSIONS AND THE PUBLIC INTEREST

124.    The application was neighbour notified in accordance with Kogarah DCP 2013 for a period of fourteen (14) days between 8 October 2019 and 22 October 2019. A total of thirty three (33) submissions were received. Amended plans were received in February 2020 however the changes did not warrant re-notification as outlined in the Development Control Plan. In summary the following issues and concerns were raised.

 

Non-compliance with the height limit

125.    Officer Comment: The proposal complies with the height limit with the exception of the top of the lift overrun. The applicant has submitted a request to vary the height standard which has been assessed as worthy of support as the building is predominantly below the maximum height of 21m and the impacts of the height. The height breach does not result in any adverse impacts on the amenity of the surrounding allotments and is not inconsistent with the objectives of the height controls or the zoning of the land.

 

Out of character with the existing locality and existing smaller scale adjoining developments

126.    Officer Comment: The up-zoning of this precinct did not include a transition between the 21m height control and the 9m height control on the opposite site of Wyuna Street. The heights and floor space ratio together with the setbacks of the DCP and the ADG have set the envelope of this scale of development. The draft amendment to Part C2 of Kogarah DCP 2013 has been publicly exhibited and recently endorsed by Council. The proposed development has been assessed against these draft controls and is generally consistent with the intent and objectives of these draft controls.

 

Overshadowing of adjoining properties

127.    Officer Comment: The proposal complies with the DCP solar access provisions for neighbouring properties. The development affects the properties to the west up until 12pm whilst the properties to the south across the street are only impacted after 1pm and are not affected in the morning as shadows are cast to the west.

 

Increased traffic generation

128.    Officer Comment: The locality has been up-zoned and permits this form of development and the anticipated vehicle movements were envisaged. The application was accompanied by a Traffic assessment report and reviewed by Council’s Traffic Engineer. It is acknowledged that the development will generate some additional pressure on the local road network; however the impact is not considered to be adverse or detrimental to warrant the refusal of the application.

 

Adverse impact on street parking

129.    Officer Comment: The proposal complies with the number of required resident and visitor parking spaces. The development of the five properties will remove four driveways which will allow for additional on street parking as there is one point of access and egress from the carpark which is located to the eastern side of the development site.

 

Impacts on heritage item “Sunnyside” located at 184 Princes Highway

130.    Officer Comment: A Heritage Impact Statement was submitted by the applicant and reviewed by council’s Heritage Advisor who supports the proposal.

 

Increased overlooking and noise from the rooftop terrace area

131.    Officer Comment: The rooftop communal open space areas are separated into two sitting areas and a vegetable garden. Each area is located centrally on the rooftop level and are setback from the site boundaries in accordance with the ADG separation requirements. In addition, a condition of consent will be imposed, if the development is approved, a Plan of Management will be required to be prepared to control the use of the rooftop communal areas to control the number of people using the area at the times in which it is permitted to be accessed.

 

Against the design quality principles of the SEPP 65

132.    Officer Comment: The development complies with the provisions of the ADG as detailed in the assessment table of this report.

 

Depreciation in property values

133.    Officer Comment: This is not a matter for consideration under the Environmental Planning and Assessment Act 1979.

 

The proposed development is not cheap/affordable housing

134.    Officer Comment: There is no requirement for a development to provide affordable housing. The application has not been proposed under the provisions of State Environmental Planning Policy (Affordable Rental housing) 2009.

 

REFERRALS

Council Referrals

Development Engineer

135.    The application was referred to Council’s Development Engineers for comment, they are satisfied with the stormwater drainage arrangement subject to the imposition of conditions of consent should the application be approved.

 

Traffic Engineer

136.    The application was referred to Council’s Traffic Engineer for comment. The proposed car parking and access arrangements are considered to be compliant with Council’s controls and are satisfactory. Standard conditions are recommended to ensure compliance will be achieved with Australian Standards during and after construction should the application be approved.

 

Environmental Health Officer

137.    Council’s Environmental Health Officer has raised no objection to the proposal subject to conditions of consent should the application be approved.

 

Consultant Arborist

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

 

External Referrals

Ausgrid

139.    The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid did not raise any objection to the proposal, no conditions recommended.

 

Sydney Airport

140.    The application was referred to Sydney Airport. A formal response was provided and concurrence was obtained.

 

CONCLUSION

141.    The proposal has been assessed using the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is considered to be a reasonable development form given the intensification of site and the proposed additional scale, bulk and height is considered to be an acceptable planning and design outcome for this site and will be consistent with the desired future character of development in the R3 zoned land in this location and immediate locality.

 

142.    The proposal has been assessed against the provisions of the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013. The proposal satisfies the key planning controls in the Kogarah Local Environmental Plan apart from exceeding the height limit for the lift overrun only. A Clause 4.6 Statement has been submitted with the application justifying the variation in this case.

 

143.    The proposed development design satisfies the objectives of both the height control and the zone and the Clause 4.6 Statement is considered to be well founded as there will not be any direct or adverse environmental impacts generated, the proposal satisfies the requirements of Clause 4.6 of the Kogarah Local Environmental Plan 2012.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

144.    The reasons for this recommendation are:

·     The proposal is an appropriate response to the “up-zoning” of the site (including increased Floor Space Ratio and height limits) afforded by the Kogarah “New City Plan”. The seven (7) storey building will provide an effective transition between future six (6) and seven (7) storey development facing the Princes Highway and two (2) storey low density residential on the opposite side of Wyuna Street.

·     The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan except with the building height of the development which is considered acceptable having regard to the justification provided in the report above.

·     In this case the Clause 4.6 Statement is considered to be well founded and the non-compliance with the height control is reasonable in the circumstances of the case.

·     The proposal generally achieves compliance with the Apartment Design Guide with respect to both internal and external amenity.

·     The proposed design has been sensitively considered to be consistent with the anticipated desired future character for development in this area.

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

·     The proposal aims to provide a high-quality building that will establish a positive urban design outcome, setting the architectural and planning precedent in the area.

 

Determination

145.    THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Georges River Local Planning Panel, grants development consent to Development Application DA2019/0439 for site consolidation, tree removal demolition of existing structures and construction of a seven (7) storey Residential Flat Building development comprising sixty four (64) residential apartments with basement car parking for one hundred and nine (109) vehicles including landscaping and site works on Lots 8, 20, 21, 22 and 23 in DP 7056 known as 13-21 Wyuna Street, Beverley Park, subject to the following conditions of consent:

 

GENERAL CONDITIONS

 

1.        Approved Plans - The development will 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

Demolition Plan

DA 03

04.02.20

P9

shiro architects

Site Plan/Roof Plan

DA 04

04.02.20

P12

shiro architects

Ground Floor Plan

DA 05

19.05.20

P13

shiro architects

Basement 1

DA 06B

19.05.20

P13

shiro architects

Mezzanine Basement 1

DA 06A

19.05.20

P13

shiro architects

Basement 2

DA 07

19.05.20

P13

shiro architects

Level 1

DA 08

04.02.20

P12

shiro architects

Level 2

DA 09

04.02.20

P12

shiro architects

Level 3

DA 10

04.02.20

P12

shiro architects

Level 4

DA 11

04.02.20

P12

shiro architects

Level 5

DA 11

04.02.20

P12

shiro architects

Level 6

DA 13

04.02.20

P12

shiro architects

Section A-A

DA 14A

04.02.20

P12

shiro architects

Section B-B C-C

DA 14B

04.02.20

P12

shiro architects

Section D-D

DA 14C

04.02.20

P12

shiro architects

Street Elevation

DA 16A

04.02.20

P12

shiro architects

Elevations

DA 16B

04.02.20

P12

shiro architects

Landscape Plans

117-L01 to L05

03.06.20

D

Andrew Prowse Landscape Architect

Arboricultural Impact Assessment and Tree Management Plan

5560.1

03.02.20

 

Redgum Horticultural

Preliminary Site Investigation

E24383.E01_Rev0

23.10.19

 

EIAustralia

Geotechnical Report

P1563_01

15.11.19

 

Morrow

 

SEPARATE APPROVALS REQUIRED BY 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. This approval is to be obtained from RMS.

 

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

 

(a)   Placing or storing materials or equipment;

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

(c)   Erecting a structure or carrying out work

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

(e)   Pumping concrete from a public road;

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

(g)   Constructing a vehicular crossing or footpath;

(h)   Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

3.        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 or RMS roadways/footways, an application must be lodged with Council or RMS 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:

 

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

 

(ii)   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.

 

(iii)  Documentary evidence of such insurance cover to the value of $20 million;

 

(iv)  The applicant must register a non-terminating bank guarantee in favour of Council. An amount will be determined when the application is lodged;

 

(v)   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.

 

(vi)  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.

 

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

 

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

·     A 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

·     Hoarding plan and details that are certified by an appropriately qualified engineer; and

·     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

·     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

 

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

 

5.         Vehicular Crossing – The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

 

(a)   Construct a 1.2m wide footpath for the full length of the frontage of the site in accordance with Council’s Specifications applying at the time construction approval is sought.

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

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

 

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

 

6.         Road Opening Permit - A Road Opening Permit must be obtained from Council and/or RMS 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.

 

REQUIREMENTS OF CONCURRENCE, INTEGRATED AND OTHER GOVERNMENT AUTHORITIES

 

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

 

8.        Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Co-ordinator.  Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance.

 

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

 

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

 

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

 

10.      Electricity Supply to Development – The electricity supply to the development must be underground.

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

11.      Fees to be paid - The fees listed in the table below will 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 will 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 will 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 (footpaths and roadworks)

(calculation based on $1,236.00 per metre of street frontage, Wyuna Street of 62.43m)

$77,163.48

 

Inspection Fee for Refund of Damage Deposit (minimum of two (2) inspections at $371 per inspection

$742.00

DEVELOPMENT CONTRIBUTIONS

 

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

$12,397.97

Kogarah Section 94 Development Contributions Plan No.5 – Open Space

$647,480,62

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

$10,428.87

Kogarah Section 94 Development Contributions Plan No.9 – Kogarah Libraries - Building

$14,27.25

Total S94 Contribution

$684,934.71

 

General Fees

 

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

 

Development Contributions

 

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

 

Indexation

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

 

Timing of Payment

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

 

Further Information

A copy of all current Development Contributions Plans may be inspected at Council’s offices or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

12.      Building services - 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 Fire and Rescue (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.

 

13.      Above ground power lines – Where practicable, all existing overhead power lines within or adjacent to the development site shall be relocated underground to Energy Australia standards and specifications. If not practicable to relocate the power line underground, arrangements shall be made with Energy Australia to place the conduit to carry those power lines underground so that they can be utilised at a later date by Energy Australia. In this regard all associated costs shall be borne by the applicant.

 

Written compliance with this condition is required to be provided prior to the issuing of the Construction Certificate.

 

14.      NBN Connection - Prior to the issue of the Subdivision or Construction Certificate in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

 

(i) the installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(ii) the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

 

(Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

 

15.      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: $77,163.48

(b) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee (for two inspections) to enable assessment of any damage and repairs where required: $742.00.

(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.

 

16.      Design changes - The following changes are required to be made and shown on the Construction Certificate plans:

 

(a)   The height of the front fence along Wyuna Street shall not exceed 1.2m and shall be designed so that it is 50% transparent.

 

17.      Use of Rooftop Open Space - A Plan of Management (POM) for use of rooftop open space must be submitted for approval of Council prior to the issuing of the Construction Certificate. The POM must outline the following:

 

(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 shall be specified (for this development a maximum of 25 at any one time is recommended) given the size of the space;

(iii) Outline provisions to maximise the safety (fire safety and general safety) for users of this area.

(iv) no amplified music to be played;

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

(vi) Location and type of signage to be installed in the building to notify residents and visitors in respect to the use of this space.

(vii) 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.

 

The POM shall be prepared and shall be to the satisfaction of Council’s delegate.

 

18.      Parking and Layout – The development shall comply with the following requirements:

 

·     Barriers are to be installed in accordance to AS2890.1:2004 section 2.4.5.3.

·     Parking spaces shall be clearly designated (sign posted and marked on ground) and line marked prior to the issuing of an Occupation Certificate.  Signage, pavement symbols and line marking shall comply with Australian Standards, AS1742, Manual of Uniform Traffic Control Devices and NSW Road Transport (Safety and Traffic Management) Regulations 1999.

·     Driveway access to comply with figure 3.3-Minimum Sight Lines for Pedestrian Safety as per AS 2890.1:2004 of the Australian Standard for off-street car parking. Figure 3.3 specifies the minimum sight lines for pedestrian safety along a circulation driveway or domestic driveway.

·     All allocated car parking spaces shall be freely available for the visitors of the proposed development.

·     Any wall or fence or solid object on either side of the driveway/vehicular crossing where it meets the Council’s road reserve at the boundary must comply with sight distance requirements stipulated in the Australian Standards AS2890.1.

·     All vehicles shall enter and exit the premises in a forward direction.

·     No deliveries to the premises shall be made direct from a public place or street inclusive of footpaths, nature strip, roadway and car parks.

 

19.      Materials and finishes - The proposed materials and finishes selected shall be non-reflective and shall be of the highest quality minimising the need for regular maintenance.

 

20.      Construction materials - Any proposed cladding to the building shall be constructed of fire resistant materials which comply with the requirements of the National Construction Code (NCC) 2019 Volume (1) One Building Code of Australia (BCA). Details of the proposed materials and finishes are to be detailed on the construction certificate drawings and shall be to the satisfaction of the PCA.

 

21.      Mechanical ventilation – Any proposed mechanical ventilation system will need to satisfy Council’s requirements and those stipulated by the National Construction Code and AS1668.2-2002 and shall be in accordance with the plans and details lodged with the application and prepared by RMJ Engineering and dated 26 August 2019.

 

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

 

23.      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.

 

24.      Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

 

(a)  construction vehicle routes;

(b)  anticipated number of trucks per day;

(c)   hours of construction activity;

(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.

 

The Construction Traffic Management Plan may require approval from RMS.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Residential Waste

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

Domestic Waste

 

·     11 x 660L litre mobile bins per apartment/dwelling. Domestic Recycling

·     11 x 240 litre mobile bin per 3 apartments/dwellings.

·     Green Waste – 1 to 2 x 240 litre mobile bins per apartment block.

 

27.      Waste room design - 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.

 

This information shall be reflected on construction drawings submitted to the certifying authority.

 

28.      Dial before your dig – The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to the Principal Certifying Authority (PCA) and Council for their records.

 

29.      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 with the construction certificate to the Certifier for approval prior to construction of the specified works.

 

A copy will be forwarded to Council where Council is not the Certifying Authority.

 

30.      Access for Persons with Disabilities -    Access for persons with disabilities must be provided to and within the site, including to all foyer areas, basement carpark, required communal areas including the sanitary and kitchen facilities and allocated balconies 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.

 

In the event that full compliance cannot be achieved the services of an accredited access consultant is to be obtained to determine alternative methods of compliance, such a report must be submitted to and endorsed by the Principal Certifying Authority prior to issue of the Construction Certificate.

 

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

 

32.      Access - The recommendations of the Access Report prepared by Vista Access Architects Reference No. 18216 shall be implemented in the Construction Certificate Plans and Documents.

 

33.      BCA Assessment - The recommendations in the Assessment of BCA Compliance Capability prepared by Certified Building Specialists and dated 26 November 2018 shall be incorporated within the Construction Certificate Plans and relevant documents.

 

34.      Contamination Report - The recommendations of the Preliminary Site Investigation prepared by EI Australia dated 23 October 2019 shall be included within the Construction Certificate Plans and relevant documents.

 

35.      Acoustic Requirements – The Construction Certificate plans shall demonstrate compliance with the Acoustic Assessment submitted to Council, titled “Traffic Noise Intrusion Assessment – for proposed development at No. 13 - 21 Wyuna Street, Beverley Park.” Reference No. 20200206.1/0805A/R0/AS prepared by Acoustic Logic and dated 8 May 2020.

 

This means that a review of glazing design and mechanical plant must be undertaken to ensure that acoustic objectives will be met.  Written verification from a suitably qualified acoustic consultant must be submitted to Council validating that the acoustic objectives contained within the aforementioned report will be met, must be submitted to Council for approval.  The Construction Certificate will not be issued until Council approves this validation.

 

36.      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 must be submitted with the Construction Certificate application.

 

37.      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 apartments will 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, will comply with AS4586:2013 - Slip Resistance Classifications of New Pedestrian Surface Materials and will be detailed on the plans lodged with the application for the Construction Certificate.

 

38.      Advice from Fire and Rescue (FR) 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 hydrant facilities and any Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.

 

39.      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, not within the curtilage of the heritage item;

(c)   location of building materials for construction, e.g. stockpiles not within the curtilage of the heritage item

(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 any materials off site;

(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, not within the curtilage of the heritage item;

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

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

(m) traffic management details during construction.

 

The site management measures are to be implemented prior to the commencement of construction works. 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 will be kept on site and is to be made available upon request.

 

40.      Car Wash Bay – Plans and specifications of the car washing system approved by Sydney Water must be submitted with the application for the Construction Certificate.  One visitor space shall be designated as a Car wash bay and this space shall be conveniently located in order to serve this purpose.

 

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

 

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

 

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

 

42.      Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering will detail how Council’s property will be supported at all times.

 

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

 

43.      BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 1037318M_02 and dated 21 February 2020 must be implemented on the plans lodged with the application for the Construction Certificate.

 

44.      Acoustic requirements for timber flooring - If timber flooring is installed within the development, then appropriate insulation between floors shall be implemented to exceed the minimum sound attenuation.

 

45.      Acoustic attenuation for apartments adjoining lift core – Where bedrooms within apartments that adjoin the internal lift core appropriate noise attenuation measures are to be applied to prevent transmission of noise in accordance with the Building Code of Australia (BCA).

 

46.      Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Andrew Prouse Landscape Architecture, Ref No Dwg No 117, Issue D, and dated 3 June 2020. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

a)   Prior to the issue of a Construction Certificate, the total number, quantities of all trees and plants shall be forwarded as per landscape plans – Ground floor plan, level 4 landscape plan, level 6 landscape plan, including all landscape plans for this proposal.

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

c)   All trees proposed upon the approved landscape plan shall comply with AS 2303 – 2018, Tree Stock for Landscape use and NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification;

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

e)   A certificate of compliance for the planting of all trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all trees have been planted as per landscape plan and specifications and forwarded to the PCA – Principal Certifying Authority.

 

47.      Compliance with submitted Arborist Report – The recommendations outlined in the Arborist’s Report titled Arboricultural Impact Assessment prepared by Redgum Horticultural dated 3 February, 2020 must be implemented throughout the relevant stages of construction.  Details of tree protection measures to be implemented must be detailed and lodged with the Construction Certificate application for approval and shall be in accordance with Section 4 - Australian Standard AS 4970-2009: Protection of trees on development sites.

 

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

 

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres) TPZ as per AS4970 - 2009

Trees 6, 7 and 8 -

Callistemon citrinus

Council’s street trees

Trunk wrapping and ground protection as per AS4970 -2009

T15 - Persea Americana

Neighbours tree at rear back fence 182 Princes Highway

4.0 metres radially out from its trunk

T19 – Syagrus romanzoffiana

Rear of 2 Lacey Street Beverley Park

4.0 metres radially out from its trunk

T20 – Cinnamomum camphora

188 Princes Highway Beverley Park

12.0 Metres radially out from its trunk

 

(a)     The client shall engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.

 

(b)     A certificate of compliance letter for tree protection measures shall be completed and forwarded to the PCA – Principal Certifying Authority, at three (3) stages being before works, during works and once all building works have been completed, that tree protection measures have been installed and maintained during the building process.

 

Tree Protection Measures

(a)     The Tree Protection Zone of Tree 20 must not be used for any storage of materials, building products or preparation of any building products for the entirety of the project.

(b)     The Tree Protection Plan, Part B within the Arboricultural Impact Assessment completed by Redgum Horticultural shall be overseen by the project Arborist, re - Tree 20 – Cinnamomum camphora. The project Arborist shall complete written certificates that all protection measures have been completed and witnessed and forwarded to the PCA, for compliance.

(c)     All trees on Council property, subject site and adjacent sites, to be retained shall be protected before and maintained during demolition, excavation and construction of the site.

(d)     Although trees may be on adjacent sites, the tree protection fencing must be placed on the nominated distances as per table above, out from the trees trunk, within the subject site to minimise impacts to neighbours trees and kept for the entirety of the project.

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

(f)      Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.

(g)     The engaged AQF 5 Consulting Project Arborist must be present on-site during the stages of excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.

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

(i)      To preserve the Councils street trees – Trees 6, 7 and 8, no work shall commence nor shall a Construction Certificate be issued (whichever occurs first) until the trunk/ branches are protected, in accordance with AS4970 - 2009, Protection of trees on development sites, by the wrapping of geo woven fabric around the trunk 4 / 5 times and the placement of two metre long, lengths of 50mm x 100mm timber battens vertically arranged around the trunk, with 100mm spacing’s. The timber battens shall be secured by wire/ hoop straps but not secured into the tree itself. The trunk/ branch protection shall be maintained intact until the completion of all works upon the site

 

Or

 

In the case of horizontal branching, tree protection fencing shall encompass the tree, without interfering with pedestrian access.

 

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

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

 

Excavation works near tree to be retained – Tree 20 – Cinnamomum camphora

(l)      Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the AQF 5 Project Arborist to ensure that the root system will not adversely be affected.

(m)    All stormwater piping and pit installations must be completed by hand or pneumatic air spade type of excavations. No machine excavator bucket type excavations are allowed within the TPZ of Tree 20.

 

(n)     Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the AQF 5 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.

 

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

 

Pier and Beam/ Cantilever type –

(a)     To preserve Tree 20 – Cinnamomum camphora, the footings of the proposed patio of apartments 8, shall be isolated pier and beam/ cantilever type construction within the TPZ of 12 metre radius of the trunk. The piers shall be hand dug and located such that no roots of a diameter greater than 50mm are severed or injured in the process of any site works during the construction period. The beam shall be located on or above the existing soil levels.

 

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

 

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

 

Tree removal

In accordance with Georges River Tree Management Policy 2019, a 2:1 Policy is to be implemented. For every one (1) tree to be removed, two (2) trees shall be planted on the subject site to compensate for the loss of each tree, with exempt Species replacement being 1:1. If Council finds that locations within the site cannot be found for the trees viability, an offset fee shall be forwarded to Council to plant the tree/s elsewhere, within the municipality.

 

Permission is granted for the removal of the following trees:

Tree Species

Number of trees

Location

Tree 1- Callistemon citrinus

X1

Councils street tree

(removed by Council only)

Tree 2/3 – Citrus Spp

X2

Rear of 13 Wyuna Street

Tree 4 – Plumeria rubrum

X1

Rear side fence of 13 Wyuna Street

Tree 5 – Melaleuca bracteata

X1

Rear side fence of 13 Wyuna Street

Tree 9 – Howea forsteriana

X1

Front yard of No 17 Wyuna Street

Tree 10 – Phoenix canariensis

X1

Front yard of No 17 Wyuna Street

Tree 11 – Howea forsteriana

X1

Front yard of No 11 Wyuna Street

Tree 12 – Sedum Spp

X1

Front yard of No 11 Wyuna Street

Tree 13/14 – Citrus Spp

X2

Rear yard of No 17 Wyuna Street

Tree 16 – Persea americana

X1

Rear yard of No 19 Wyuna Street

Tree 17 - Howea forsteriana

X1

Front yard of No 19 Wyuna Street

Tree 18 – Citrus Spp

X1

Rear yard of No 21 Wyuna Street

Tree 21 – Cactus Spp

X1

Rear yard of No 19 Wyuna Street

Tree 22 – Persea Americana

X1

Rear yard of No 19 Wyuna Street

Tree 23 – Howea forsteriana

X1

Rear yard of No 19 Wyuna Street

Tree 24 – Cuppressus sempervirens

X2

Front yard of No 21 Wyuna Street

 

General Tree Removal Requirements

a)      All tree removal shall be carried out by a minimum certificate Level 3, Licenced and insured Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

 

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

 

49.     Street Tree Removal / Replacement by Council –

a)      Three (3) street trees of species to be determined must be provided in the road reserve fronting the site.

 

b)      Council shall be appointed to remove and plant all tree/s on public land. All costs associated with the removal of the tree/s and the planting of replacement trees shall be met by the applicant. Fees and charges outlined in the table below are subject to change and are set out in the current version of Council's ‘Schedule of Fees and Charges’, applicable at the time of payment.

 

c)      The fees must be paid in accordance with the conditions of this consent. The fee payable is to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

d)      The fees payable 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 conditions set out in this consent.

 

Fee Type – Tree planting/ removal on public land

Number of trees

Amount per tree

Administration Fee, tree planting and maintenance

X3

$452.00, prior to Construction Certificate

Cost of tree removal – T1 – Callistemon Spp

X1

To be determined by Council, prior to Construction Certificate.

Cost of Stump Grinding

X1

To be determined by Council, prior to Construction Certificate

 

50.     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.

 

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.

 

51.     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 in the street as indicated on the approved plan in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

(b)       The PCA shall ensure that the approved drainage design levels are to be surveyed during construction by a registered surveyor.

(c)        Prior to the commencement of works, the registered surveyor shall ensure to the PCA  that the stormwater discharge pipe across the footpath shall be RHS at an angle and is laid with minimum disturbance at a minimum 1% grade to the kerb and gutter in the street and is made in good working condition.

(d)       The RHS galvanised pipe must have a minimum of 50mm of cover along its length through the road reserve.  A detailed section of the connection through the road reserve is to be prepared and shown on the drainage plan prior to the commencement of works.

(e)       There shall be no damage to the adjoining driveway crossing. All damages are to be rectified to its original condition at the cost of the applicant.

(f)         The 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.

 

Stormwater Systems with Basement     

(a) The underground basement car park must pump to and all other stormwater must drain by gravity to:

i.      the drainage system within the site via a silt trap pit .

 

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

 

Protection of basement from inundation of stormwater waters

(b) The protection of the underground basement shall be protected from possible inundation by surface waters from the street.

 

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

 

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 is to be constructed with capacity as shown on the approved plan in this case.

 

(a)    Provide the OSD system with at least one access for future maintenance and show on plan.

(b)    Provide the OSD system with sufficient ventilation and show on plan.

(c)    The OSD tank shall be certified to be structurally adequate to carry the designated loads to the satisfaction of the PCA.

 

 

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.

 

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:

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

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

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

 

PRIOR TO COMMENCEMENT OF WORKS

 

55.      Erosion & Sedimentation Control - Erosion and sediment controls must be in place prior to commencement of any work on the site.  These measures include:

 

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

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

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

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

(e)  All erosion and sediment controls are fully maintained for the duration of excavation and construction 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 excavation) and will remain until works are completed and all exposed surfaces are landscaped/sealed.

 

56.      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.

 

57.      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 apartments, 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.

 

58.      Site Management - The site management measures are to be implemented prior to the commencement of construction works. 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 will be kept on site and is to be made available upon request.

 

59.      Site Safety Fencing - Site fencing will be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the construction work, except in the case of alterations to an occupied dwelling. The fencing will be erected before the commencement of any work and maintained throughout all construction work.

 

A high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

 

60.      Dilapidation Report on Public Land – Prior to the commencement of works (including excavation), a dilapidation report must be prepared for the Council infrastructure adjoining the development site.

 

The report must include the following:

 

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

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

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

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

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

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

 

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

 

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

 

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

 

61.       Registered Surveyor's Report - During Development Work - A report will be submitted to the Certifier 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 will 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 will indicate the reduced level of the main ridge.

 

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

 

62.       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.

 

63.      Structural Engineer’s Details - Supporting Council road/footway - Prior to the commencement of work in connection with the excavation of the site associated with the basement carpark, structural engineer’s details relating to the method of supporting Council’s roadways/footways and the Heritage Item on site will be submitted to the satisfaction of Council.

 

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

 

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

 

(b)  Five (5) working days prior to excavation, the developer/builder is to provide written notification to Council advising of the commencement date, and details of the list of residents advised of the works.

 

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

 

66.      Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the Principal Certifier 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.

 

67.      Structural Engineer’s Details - Supporting excavations and adjoining land - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting the excavation will be submitted.

 

DURING CONSTRUCTION

 

68.      Archaeology - As required by the National Parks and Wildlife Service Act 1974 and the Heritage Act 1977, in the event that Aboriginal cultural heritage or historical cultural fabric or deposits are encountered/discovered where they are not expected, works must cease immediately and Council and Heritage NSW must be notified of the discovery.

 

In the event that archaeological resources are encountered, further archaeological work may be required before works can re-commence, including the statutory requirement under the Heritage Act 1977 to obtain the necessary approvals/permits from Heritage NSW. Note: The National Parks and Wildlife Service Act 1974 and the Heritage Act 1977 impose substantial penalty infringements and / or imprisonment for the unauthorised destruction of archaeological resources, regardless of whether or not such archaeological resources are known to exist on the site.

 

69.      Hazardous or Intractable Waste – Removal and Disposal - Hazardous or intractable waste arising from the excavation or construction process shall be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and with the provision of:

 

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

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

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

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

 

70.      Site Contamination – During Construction - Any new information that identified during demolition, excavation or construction which has the potential to alter previous conclusions about site contamination and remediation, must be notified to the Principal Certifying Authority (and Council if Council is not the principal certifying authority) immediately. 

 

All works must cease and a qualified Land Contamination Consultant, certified under the consultant certification schemes recognised by the NSW EPA, is engaged to assess and provide documentation on the management of the contamination in accordance with any relevant NSW EPA adopted guidelines.

 

Works on site must not recommence until such time as Council has reviewed the documentation and has accepted the contamination management in writing to the applicant.

 

71.      Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifier.  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.

 

72.      Site sign - A clearly legible Site Management Sign is to be erected and maintained throughout the course of the works.  The sign is to be centrally located on the main street frontage of the site and is to clearly state in legible lettering the following:

 

a)    The builder's name, builder's telephone contact number both during work hours and after hours.

b)    That no works are to be carried out in Council's Road Reserve without prior application and approval of a Road Opening Permit from Council.

c)    That a Road Opening Permit issued by Council must be obtained for any road openings or excavation within Council's Road Reserve associated with development of the site, including stormwater drainage, water, sewer, electricity, gas and communication connections.  During the course of the road opening works the Road Opening Permit must be visibly displayed at the site.

d)    That no skip bins or materials are to be stored on Council's Road Reserve.

e)    That the contact number for Council for permits is 9970 1111.

 

73.      Soil & Erosion Control Measures - Prior to the commencement of works (including excavation), a durable site sign, issued by Council in conjunction with this consent, will 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 will remain in a prominent location on site up until the completion of all site and building works.

 

74.      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 street kerb and gutter as indicated on the approved plan. The site stormwater discharge pipes across the footpath shall be RHS type, laid at minimum 1% grade as reflected on the drainage plan.  

 

75.      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.

 

76.      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.

 

77.      Hours of Construction 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 must not be performed, or permitted to be performed, except between the hours of 7.00am to 5.00pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.

 

78.      Hazardous or Intractable Waste – Removal and Disposal – Hazardous or intractable waste arising from the excavation or construction process must be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and all applicable legislation.

 

79.      Structural Certificate During Construction – The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer and endorsed by the Geotechnical 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; will be submitted to the Principal Certifying Authority at each stage of Construction.

 

80.      Redundant Driveway - All existing vehicular crossings adjacent to the subject premises that have become redundant will be removed and the footway and kerb and gutter reinstated at the developer/applicant’s expense.

 

81.      Damage within Road Reserve & Council Assets - The owner will bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

 

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

 

83.      Works Zone - The installation of a "Works Zone" for the site will require the approval from the Traffic Advisory Committee and/or RMS. As a result, the applicant will provide a formal request to Council's Traffic Section with the duration and exact location of the required "Works Zone" at least 6 weeks prior to its required installation date.  All costs associated with the installation of a “Works Zone” will be at the applicant’s expense.

 

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

 

Copies of all receipts for the disposal, or processing of all such materials will be submitted to the Principal Certifier and Council, where Council is not the Principal Certifier.

 

85.      Site Safety Fencing - Site fencing will be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the excavation and construction work, except in the case of alterations to an occupied dwelling. The fencing will be erected before the commencement of any work and maintained throughout any building work.

 

PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE

 

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

 

87.      Completion of Landscape Works - All landscape works and Street tree (3) planting fees must be completed before the issue of the Final Occupation Certificate and to the satisfaction of Councils Tree Management Officers. In accordance with approved landscape plans and specifications, drawn by Andrew Prouse Landscape Architecture, Ref No Dwg No 117, Issue D, and dated 3 June 2020. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

a)      Prior to the issue of a Construction Certificate, the total number, quantities of all trees and plants shall be forwarded as per landscape plans – Ground floor plan, level 4 landscape plan, level 6 landscape plan, including all landscape plans for this proposal.

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

c)      All trees proposed upon the approved landscape plan shall comply with AS 2303 – 2018, Tree Stock for Landscape use and NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification;

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

e)      A certificate of compliance for the planting of all trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all trees have been planted as per landscape plan and specifications and forwarded to the PCA – Principal Certifying Authority.

 

88.     Tree Protection Measures - A final certificate of compliance letter, once all building and landscape works have been completed, from the engaged AQF 5 Consulting Arborist, that tree protection measures have been installed and maintained for the entirety of the project and report on the condition of the trees that as part of this Consent, were to be protected and retained.

 

89.     Tree Replacement within subject site

 

a)      The required number of trees and plants must be planted as requested prior to the Construction Certificate upon the plan view of the proposed landscape plans. All trees must attain a minimum mature height of nine (9) metres and shall be planted within the property. The trees are to conform to AS2303 – 2018, Tree stock for landscape use.

 

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

 

c)      A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy, Masterplan, and Tree Management Policy 2019, can be downloaded from Council’s website www.georgesriver.nsw.gov.au .

                                                

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

 

91.      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.

 

92.      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.

 

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 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.     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.

 

95.     Traffic Control Devices - The internal road network, pedestrian facilities and parking facilities (including visitor parking and employee parking) shall be designated and line marked in accordance with Australian Standard - AS1742, Manual of Uniform Traffic Control Devices.

 

If an exit from car park utilises a pedestrian footpath, then a warning system such as flashing light and/or ‘alarm sound’ must be installed on the subject property to alert pedestrians of vehicles exiting the car park.  The Alarm System must be designed and installed in accordance with AS2890.1 -2004.

 

96.      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.  Only the Principal Certifier appointed for the building work can issue the Occupation Certificate.

 

97.      SEPP 65 Design Verification Statement - The Principal Certifier will not issue an Occupation Certificate to authorise a person to commence occupation of the residential flat development unless the he/she 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 65 Design Quality of Residential Flat Development.

 

98.      Requirements prior to the issue of the Occupation Certificate - The following will 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.

(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.

 

99.     Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

 

(a)       If applicable Stormwater pipes, pits and connections to public stormwater systems within the road related area;

(b)       Driveways and vehicular crossings within the road related area;

(c)        Removal of redundant driveways and vehicular crossings;

(d)       New footpaths within the road related area;

(e)       Relocation of existing power/light pole if applicable

(f)         Relocation/provision of street signs

(g)       New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed.  The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

(h)        New or reinstated kerb and guttering within the road related area and  New or reinstated road surface pavement within the road where it is applicable.

 

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. [Note: The damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction.

 

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

 

(a)  Construct footpath for the full length of the frontage of the site in accordance with Council’s Specifications for footpaths.

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

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

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

 

The above works shall be carried out at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

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

 

101.    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.

 

102.    Completion of Major Works - Prior to the issue of the Occupation Certificate, the following works will be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

 

a)       If applicable Stormwater pipes, pits and connections to public stormwater systems within the road related area;

b)       Driveways and vehicular crossings within the road related area;

c)       Removal of redundant driveways and vehicular crossings;

d)       New footpaths within the road related area;

e)       Relocation of existing power/light pole if applicable

f)        Relocation/provision of street signs

g)       New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed.  The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

h)       New or reinstated kerb and guttering within the road related area and new or reinstated road surface pavement within the road where it is applicable.

 

Council’s Engineering Services Section will advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. [Note: The damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction].

 

103.    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;

 

A Works As Executed plan of Council's Stormwater system extension as constructed including all levels will be submitted and approved by Council.

 

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

 

104.   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 will cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the aforesaid Regulation. The Fire Safety Certificate will 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.

 

OPERATIONAL CONDITIONS (ONGOING)

 

105.    Intensity of car park lighting – Prior to occupation, the intensity of lighting at the entrance to the basement carpark is to be designed to allow for progressive adjustment of light.

 

106.    Removal and collection – Bins are to be taken to the kerbside for collection and garbage bins and recycling bins are to be collected on a weekly basis. They are to be collected from the kerbside and removed from the kerbside as soon as possible after collection.

 

107.    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.

 

108.    Acoustic Certification - Prior to the issue of any Occupation Certificate, a suitably qualified acoustic consultant will certify that the operation of the premises and plant equipment will not give rise to a sound pressure level at any affected premises that exceeds the relevant acoustic criteria. The development will at all times comply with these noise levels post occupation.

 

109.    BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent will be implemented before issue of any Occupation Certificate.  A Compliance Certificate will be provided to the Principal Certifier regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

 

110.    Allocation of Car Parking Spaces – A total of 109 car parking spaces, and a minimum of thirty (30) bicycle parking spaces associated with the development is to be allocated as follows, sign posted and/or line marked accordingly:

 

·     Ninety six (96) residential spaces, including eight (8) accessible spaces.

·     Thirteen (13) dedicated visitor spaces.

·     One (1) of the visitor spaces is to also be a shared as a wash bay.

·     Twenty two (22) bicycle spaces for residents.

·     Eight (8) bicycle spaces for visitors.

 

111.    Electricity Supply - Evidence will be provided demonstrating that the development has been connected to the electricity network.

 

112.    Structural Certificates - The proposed structure will be constructed in accordance with details designed and certified by the practising qualified structural and geotechnical engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design; will be submitted to the PCA prior to the issue of the Occupation Certificate.

 

113.    Stormwater & Ancillary Works - Applications under Section 138 of the Roads Act and/or Section 68 Local Government Act 1993, the applicant must obtain all necessary approvals. 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 will 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 if applicable) 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.

 

114.    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.

 

115.    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 address for the subject development is allocated as follows:

 

Primary Address

·     17 Wyuna Street, Beverley Park NSW 2217

 

Apartments Addresses

·     Refer to the list of apartment addresses for the subject development:

 

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

 

Additional comments

Please note that the allocated apartment addresses are different to what was on the plan.

 

If there are modifications or changes to the number of apartments during the DA process, please advise the GIS team before the final approval. The list is attached to the consent. Apartments Address Table is provided at the end of the set of conditions.

 

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

 

116.     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.

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

 

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

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

c)      Photographs showing the condition of the footway including footpath pavement fronting the site

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

e)      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 Assets and Infrastructure Division must advise in writing that the works have been completed to their satisfaction prior to the issue of an Occupation Certificate.

 

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

 

a.    Compliance with conditions of development consent relating to stormwater;

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

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

d.    Pipe inverts levels and surface levels to Australian Height Datum.

 

118.    Lighting - Any outdoor/security lighting must be located, designed, oriented and shielded in a manner that does not cause disturbance to surrounding premises and/or passing vehicular traffic. This requirement also applies to external lighting within the rooftop communal open space area.

 

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.

 

119.    Activities and Storage of Goods Outside Buildings - There will 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.

 

120.    Boundary fencing - Any new boundary fencing erected along the side and rear boundaries shall not exceed a height of 1.8m unless specified by any other conditions.

 

121.    Disability Discrimination Act – The applicant is responsible to ensure compliance with this and other anti-discrimination legislation.

 

122.    Electrical connection - Any new electrical and telecommunication connections to the site are to be carried out using underground cabling.

 

123.    Finishes - Any materials or surfaces addressing the public domain on the ground and first floor (where accessible by members of the public) shall utilise graffiti-resistant materials.

 

124.    Safety - All communal entrances for the building will be capable of being secured.  Entry doors are to be self-closing and signs are to be displayed requesting that building occupants not wedge doors open.

 

125.    Security - If any security screens/grilles are installed, they are to be openable from within the building.

 

126.    Building identification numbering that presents to public areas (ie the adjoining road reserve) are to be at least 7cm high and are to be situated 1-1.5m above ground level on the street frontage.  The numbering is to be constructed from durable materials and shall not be obscured by vegetation.

 

127.    Noise Control - The use of the premises will 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).

 

128.    Amenity of the Neighbourhood - The implementation of this development will 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.

 

129.    Maintenance of Landscaping - All trees and plants forming part of the landscaping will be maintained.  Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilising, 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 of the landscaping shall be undertaken in perpetuity. Should any plants or trees die, then they shall be replaced with the same species (ie like for like).

 

130.    Annual Fire Safety Statement - The owner of the building premises will 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 will 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.

 

131.    Responsibility of Owners Corporation - The Owners Corporation will be responsible for presenting all approved waste and recycling receptacles for collection, and returning all receptacles to the waste collection room, as soon as practicable after they have been serviced.

 

The Owners Corporation will also be responsible for maintaining all equipment, systems, facilities and storage areas used in conjunction with the provision of waste management services in accordance with all applicable regulatory requirements, relevant health and environmental standards, and to the satisfaction of Council.

 

132.    Management of Waste Facilities – The ongoing management of onsite waste facilities shall be undertaken in accordance with the following requirements:

 

(a)  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.

(b)  Any cleaners will monitor the bin storage area and all spills will be attended to immediately be cleaners.

 

133.      Waste - The ongoing operation of recycling and waste management services is to be undertaken in accordance with the Waste Management Plan.

 

134.     Air conditioning - Any external plant/air-conditioning system must not exceed a noise level of 5dBA above the background noise level when measured at the boundaries of the property. Any proposed air conditioning systems or mechanical ventilation shall be appropriately screened from view and not located so that it can be seen from the street.

 

135.    Graffiti - Any graffiti on the site is to be removed within forty eight (48) hours.

 

OPERATIONAL REQUIREMENTS UNDER THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979

 

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

 

Should Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA.

 

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.

 

137.     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.

 

138.    Notification Requirements of Principal Certifier - No later than two days before the building work commences, the Principal Certifier must notify:

 

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

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

 

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

 

140.    Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifier.  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.

 

141.    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 Certifier appointed for the building work can issue the Occupation Certificate.

 

PRESCRIBED CONDITIONS

 

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

 

143.    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.

 

144.    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 Certifier and the Principal Contractor.

 

145.    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.

 

146.    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.

 

147.    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 of a building must be executed safely and in accordance with appropriate professional standards.

 

All excavations associated with the erection 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 of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage.

 

END CONDITIONS

 

NOTES/ADVICES

 

148.    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.

 

149.    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.

 

150.    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.

 

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

 

152.    Principal Certifier - Should the Council be appointed as the Principal Certifier 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.

 

153.    Fire and Rescue NSW comments. 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 any Fire Engineered Solution developed to meet the performance requirements under Category 2 Fire Safety Provisions.

 

154.    Referral to Fire and Rescue NSW - Prior to the issue of an Occupation Certificate the applicant may be required, under Clause 152A of the Environmental Planning & Assessment Regulation, 2000 to seek written comment from FR NSW about the construction and location of any hydrant/booster system, developed to meet the performance requirements of the Building Code of Australia.

 

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

 

156.    Land Contamination - Note: A Certified Contaminated Land Consultant is a Certified Environmental Practitioner (Site Contamination) (CENVP(SC)) or certified Professional Soil Scientist Contaminated Site Assessment and Management (CPSS CSAM)

 

Information relating to certified contaminated land consultant or accredited site auditors can be found in EPA webpage: https://www.epa.nsw.gov.au/your-environment/contaminated-land/

 

157.    Energy Efficiency Provisions - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifier, 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 Certifier.

 

158.    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 apartments complies with Council’s DCP and AS 4299 Adaptable Housing.

 

159.    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:

 

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

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

(c)   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).

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

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

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

 

160.    Acoustical Engineer Contacts & Reference Material - Further information including lists of Acoustic Engineers can be obtained from:

 

(a)     Australian Acoustical Society - professional society of noise-related professionals (www.acoustics.asn.au)

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

 

(c)     NSW Industrial Noise Policy - Office of Environment & Heritage (www.environment.nsw.gov.au)

 

163.    Strata Subdivisions

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

(b)     Council will undertake the required inspections to satisfy the requirements of the Strata Schemes Development Regulation 2016 to determine the Strata Certificate.

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

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

 

161.    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.

 

162.    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.

 

163.    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.

 

164.    Council as PCA - Total Conformity with BCA - Accompanying Information - Should the Council be appointed as the Principal Certifier, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

 

a)    Mechanical ventilation to bathroom, laundry and basement areas not afforded natural ventilation.

b)    Fire-fighting services and equipment including hydrant systems and booster assembly location, sprinkler and valve room systems, hose reels, portable fire extinguishers, smoke hazard management systems, sound and warning systems.

c)    Emergency lighting and exit signs throughout, including communal open space areas, lobby/foyer and basement areas.

d)    Construction of all fire doors including warning and operational signage to required exit and exit door areas.

e)    Egress travel distances to exits and the discharge from fire isolated exits including the swing of exit doors.

f)     The spandrel protection of openings in external walls

g)    The protection of paths of travel from a fire isolated exit when passing within 6m of an opening within the external wall of the building.  

h)    Fire compartmentation and fire wall separation details including all stairway, lift and service shaft areas.

i)     The location and construction of an electricity substation, including the location and smoke separation of electrical distribution boards.

j)     Sound transmission and insulation details.

k)    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 Certifier 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 Certifier prior to issue of the Construction Certificate.

 

165.    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.

 

166.    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.

 

167.    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).

 

168.    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:

 

(i)    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

(ii)   In the Application Form, quote the Development Consent No. (eg. DA2018/0580)

(iii)  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 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.

 

169.    Council Appointed as the CA. Should the Council be appointed as the Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justify the non-compliances with a detailed report, suitable evidence and expert judgement.

 

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA, must be submitted to the 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 Certifying Authority prior to issue of the Construction Certificate.

 

170.    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.

 

171.    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 apartments complies with Council’s DCP and AS 4299 Adaptable Housing.

 

 

 

ATTACHMENTS

Attachment 1

Site Plans and Elevations - 13-21 Wyuna St Beverley Park

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 6 August 2020

LPP032-20              13-21 Wyuna Street Beverley Park

[Appendix 1]           Site Plans and Elevations - 13-21 Wyuna St Beverley Park

 

 

Page 105

 


Georges River Council – Local Planning Panel   Thursday, 6 August 2020

Page 198

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 06 August 2020

 

LPP Report No

LPP033-20

Development Application No

REV2020/0013

Site Address & Ward Locality

248 Railway Parade Kogarah

Kogarah Bay Ward

Proposed Development

Review of Determination - Consent No: DA2019/0232 for site remediation, demolition works and construction of a mixed use building containing 3 levels of basement car paking, ground floor commerical and 5 levels of boarding house accommodating 43 rooms inclusive of the caretakers room

Owners

Mr and Ms Toskas

Applicant

Moderinn Pty Ltd

Planner/Architect

Planning Direction Pty Ltd; Moderinn Pty Ltd

Date Of Lodgement

1/05/2020

Submissions

Two (2)

Cost of Works

$8,253,821.00

Local Planning Panel Criteria

The proposal contains commercial development on the ground floor and a boarding house above where the original Development Application was refused by the Local Planning Panel on 20 February 2020

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

Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000,  State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy (Building and Sustainability Index: 2004,

State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment, Draft State Environmental Planning Policy – Environment,

Draft State Environmental Planning Policy – Remediation of Land, Kogarah Local Environmental Plan 2012, Draft Georges River Local Environmental Plan 2020, Kogarah Development Control Plan 2013

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

Architectural Plans, Stormwater Plan, Landscape Plan,

Design Response, Parking Design Review, Detailed Site

Investigation Report, Acoustic Report, Geotechnical Report,

Waste Management Plan, Statement of Environmental Effects

Report prepared by

Senior Development Assessment Planner

 

 

Recommendation

That the application be approved in accordance with the deferred commencement conditions of consent at the end of this report.

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be 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, a deferred commencement approval is recommended and the conditions can be reviewed when the report is published.

 

Site Plan

The site is outlined in blue

 

Executive Summary

Proposal

1.         Council is in receipt of a Section 8.2 Review application relating to a proposal for site remediation, demolition works and construction of a mixed use building comprising a commercial space beneath a boarding house with basement car parking, landscaping and site works at 248 Railway Parade, Kogarah.

 

2.         Development Application DA2019/0232 was refused by the Local Planning Panel on 20 February 2020 for reasons including stormwater management, built form and parking.

 

Site and Locality

3.         The development site is located on the corner of Blake Street and Railway Parade in Kogarah and is legally described as Lot 48 in DP2013.

 

4.         The site is rectangular in shape with an 11.35m frontage to Railway Parade, 35.2m along the eastern secondary frontage to Blake Street, 11.27m along the southern rear boundary and 38.02m along the western side boundary and an area of 411sqm. The site slopes from the front north western corner RL 29.24 to the rear north eastern corner RL 29.83 with a level change of 590mm.

 

5.         A sewer main traverses the site toward the rear portion of the site.

 

6.         A single storey masonry building with a pitched roof currently occupies the site and is being used as an automotive repair business trading as “Toskas Automotive”. Vehicular access is via Blake Street,

 

7.         The site is zoned B4 - Mixed Use under the Kogarah Local Environmental Plan 2012 (KLEP 2012). Commercial development and boarding houses are permissible land uses with consent in the zone.

 

8.         The surrounding area comprises generally of mixed use developments. A shop top housing development at 250-258 Railway Parade, Kogarah, known as “Veridian” adjoins the site directly to the west and south. This building contains the Kogarah RSL with a podium level and two (2) residential towers above. Communal open space is provided on the podium level and a second area of communal open space exists on the rooftop. This is referred to in the report as the “Kogarah RSL site’.

 

9.         A four (4) storey shop top housing development is located on the opposite side of Blake Street to the east. Further to the east along Blake Street are 2 and 3 storey residential flat buildings. Wesley Hospital is located to the south with an electrical substation to the west on the corner of Railway Parade and English Street.

 

10.      The Illawarra Railway line is located to the north of the site. Carlton Railway Station is approximately 411m to the west; Kogarah Railway Station is located 671sqm to the east. An underpass which connects Railway Parade to Railway Street (within Bayside Council) is opposite which is accessed to the west of the site.

 

Zoning and Permissibility

11.      The subject site is zoned B4 Mixed Use under the provisions of Kogarah Local Environmental Plan 2012 (KLEP 2012). The proposal involves site remediation, demolition works and construction of a mixed use development comprising of a commercial space on the ground floor with five (5) levels of boarding house above containing forty three (43) rooms inclusive of the caretaker’s room. The development is serviced by three (3) levels of basement car parking with the levels serviced by a car lift. Landscape and site works are proposed to support the development.

 

12.      The proposal meets the definition of “commercial premises” which means:

 

“(a) business premises, (b) office premises and (c) retail premises” and “shop top housing” which means “one or more dwellings located above ground floor retail premises or business premises”.

 

13.      A “boarding house” is defined as:

 

boarding house means a building that—

(a)  is wholly or partly let in lodgings, and

(b)  provides lodgers with a principal place of residence for 3 months or more, and

(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers, but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment”.

 

14.      Commercial development and a boarding house are both permissible uses with consent in the zone.

 

Submissions

15.      The application was placed on neighbour notification between 13 May 2020 and 10 June 2020. Two (2) submissions were received.

 

Referrals

16.      The application was referred to the following Council staff for comment on the proposal:

 

a.    Development Engineer

b.    Traffic Engineer

c.    Consulting Arborist

d.    Drainage Engineer

e.    Waste Officer

f.     Design Engineer and

g.    Urban Designer.

 

17.      All referral officers were satisfied with the proposal and have provided conditions of consent should the application be approved.

 

Reasons for Referral to the Local Planning Panel

18.      The application is referred to the Georges River Local Planning Panel (LPP) as the DA was refused by the LPP on 20 February 2020, and the proposal includes a boarding house (Council delegations require this development form  to be determined by the LPP), and as such the Panel is the consent authority to determine the Review application.

 

Conclusions

19.      REV2020/0013 (the current application) was lodged on 1 May 2020 and seeks consent for site remediation, demolition works and construction of a mixed use building comprising of three (3) levels of basement parking, a ground floor commercial space with a forty three (43) room boarding house over, inclusive of the caretakers room, landscaping and site works.

 

20.      The proposed scale and general layout of the proposal as amended is now considered to be a generally appropriate design response to the constraints of the site, particularly with respect to the street address, vehicular access and streetscape.

21.      The applicant has provided correspondence from Ausgrid confirming that a substation is not required.

 

22.      A BCA Statement was submitted with the application which indicates that at the Construction Certificate stage the non-compliances with the Deemed to Satisfy (DTS) provisions of the Building Code of Australia will be addressed via alternate solutions and fire engineered solutions for the egress, fire resisting construction and protection of openings. In addition the statement details that BCA compliance can be achieved in relation to light and ventilation. A deferred commencement condition of consent is recommended in this regard.

 

23.      The current plans raise concerns with the amenity of Suite 1 with respect to outlook and internal amenity given the relationship of the openings to the wall of the adjoining development which is on the boundary. This development is new and is not going to alter in the near future. In this regard this suite is not supported, as a result the development is recommended via a deferred commencement condition to be modified to remove a suite and rework the layout of suites. The following deferred commencement condition is recommended.

 

The development is to be amended in the following way in order to provide an acceptable level of amenity for future occupants as well as ensuring compliance with State Environmental Planning Policy (Affordable Rental Housing) 2009

a.    Combine Suite 1 and Suite 2, which will result in the loss of one (1) suite, enlarging the Blake Street balcony to a minimum 8sqm and nominating the suite as the Manager’s Room.

b.    Nominating Suite 7 (previously the Managers Room) as a boarding room.

 

24.      In addition, a deferred commencement condition is recommended for plans to be provided demonstrating the location of the necessary building services and infrastructure including the hydrant booster assembly. It is considered the main entry, being the lobby servicing the boarding house is to be relocated towards Railway Parade, the colonnade and column supports amended to provide a location for the hydrants booster assembly to the located adjacent to the wall which surrounds car waiting bay associated with the car lift.

 

25.      The application has been assessed having regard to the Matters for Consideration under Section 8.2 and Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, the Kogarah Local Environmental Plan (LEP) 2012 and Kogarah Development Control Plan (DCP) 2013. The proposal has adequately addressed the reasons for refusal of the original Development Application. The application, with the incorporation is additional modifications is considered to be acceptable and is therefore recommended for approval subject to deferred commencement conditions.

 

Report in Full

Proposal

26.      Council is in receipt of a Section 8.2 Review application for demolition, site remediation works, construction of a mixed use development comprising three (3) levels of basement car parking, a ground floor commercial space and services for the development, with five (5) levels of boarding house above accommodating forty three (43) rooms inclusive of the caretakers room, landscaping and site works at 248 Railway Parade, Kogarah.

 

27.      The proposal is described as follows:

 

Basement Levels (1-3)

-     There are three (3) basement levels proposed, each having eight (8) parking spaces, including one accessible space on each level, three (3) motorbike spaces, lift and stair access to the level above.

-     Basement Level 1 also provides 9 bicycle spaces.

-     Retail parking spaces are provided on Level 1 and 2 (one space on each level), and a space for the boarding house manager is proposed on Level 1.

 

Ground Level

-     The ground level contains vehicular access from Blake Street to the vehicle lift which takes cars to the basement parking levels, two (2) waiting bays, bin store room with pedestrian circulation area and a loading bay to service the retail tenancy.

-     The retail tenancy is 72.7sqm in area with frontage to Railway Parade and Blake Street.

-     The main entry lobby to the boarding house is accessed from Blake Street.

-     A colonnade is proposed around the perimeter of the commercial and lobby entrance.

 

Levels 1 to 5 – Boarding Rooms

-     Level 1 contains six (6) boarding rooms, the Manager’s room (suite 7) and the communal room with an adjacent open space balcony. Each room has a private balcony with bathroom and kitchen facilities and can accommodate two boarders. The communal room contains sitting, dining and kitchen areas.

-     Levels 2 and 3 contains nine (9) rooms, each with a private balcony, and an accessible room on each level.

-     Levels 4 and 5 contain nine (9) rooms, each with a private balcony.

 

The Site and Locality

28.      The subject site is legally described as Lot 48 in DP2013 and is known as 248 Railway Parade, Kogarah. The site forms a rectangular shaped corner allotment with an 11.34m primary frontage to Railway Parade, 35.2m along the eastern secondary frontage to Blake Street, 11.27m along the southern rear boundary and 38.02m along the western side boundary having a total site are of 411sqm. The site slopes from the front north western corner RL 29.24 to the rear north eastern corner RL 29.83 with a level change of 590mm.

 

29.      A sewer main traverses the rear portion of the site.

 

30.      A single storey masonry building with a pitched roof currently occupies the site and is currently an automotive repair business trading as “Toscas Automotive”. Vehicle access to the site is via Blake Street.

 

31.      The surrounding area comprises of mixed use developments. A shop top housing development at 250-258 Railway Parade, Kogarah, known as “Veridian” adjoins the site directly to the west and south. This building contains the Kogarah RSL with a podium level and two (2) residential towers above. Communal open space areas exist to the podium level and roof top of the development. This is referred to in the report as the “Kogarah RSL site’.

 

32.      A four (4) storey shop top housing development is located on the opposite side of Blake Street to the east. Further to the east along Blake Street are 2 and 3 storey residential flat buildings.

 

33.      Wesley Hospital is located to the south and an electrical substation to the west on the corner of Railway Parade and English Street, Kogarah.

 

34.      The podium wall, which is on the boundary, of the Kogarah RSL development site has a height of approximately RL35.24, with level one (1) of the subject development proposing a level of RL33.2).

 

35.      The Illawarra Railway line is located to the north of the site. Carlton Railway Station is approximately 411m to the west; Kogarah Railway Station is located 671sqm to the east. An underpass which connects Railway Parade to Railway Street (Bayside Council) is opposite, however this is accessed further the west of the site.

 

Figure 1 Photograph of primary frontage of subject site (248 Railway Parade, Kogarah) viewed from the intersection of Railway Parade and Blake Street, Kogarah (Source: GRC, 2020). 

 

Figure 2 Photograph of primary frontage of subject site (248 Railway Parade, Kogarah) viewed from Railway Parade, Kogarah (Source: GRC, 2020). 

 

Figure 3 Photograph of subject site (248 Railway Parade, Kogarah) viewed secondary frontage from Blake Street, Kogarah (Source: GRC, 2019).

 

Figure 4 Photograph with an western aspect of subject site (248 Railway Parade, Kogarah)  viewed from level 1 podium level Kogarah RSL site (Source: GRC, 2020).

 

Figure 5 Photograph of Railway Parade, Kogarah opposite the site to the north (source: GRC, 2020).

 

Figure 6 Photograph viewed from the rooftop of the Viridian, Kogarah of the subject site (248 Railway Parade, Kogarah) (Source: GRC, 2020).

 

Figure 7 Photograph of Blake Street, Kogarah looking north. Subject site located to left (Source: GRC, 2019).

Figure 8 Photograph of Kogarah RSL site 5 Blake Street and adjoining Wesley Hospital (Source: GRC, 2020).

 

Figure 9 Photograph of nearby residential flat buildings to the south-east (Source: GRC, 2020).

 

Background

36.      DA2019/0232 was lodged with Council on 14 June 2019 and sought consent for demolition of existing structures, remediation of the site, construction of an eight (8) storey mixed use building comprising of one (1) commercial tenancy at ground level, seven (7) levels of boarding rooms totalling forty nine (49) double rooms and one (1) manager’s room over four (4) levels of basement parking accessed via a vehicle lift from Blake Street on the subject site.

 

37.      The application was refused by the Georges River Local Planning Panel on 20 February 2020. The reasons for refusal were:

 

1.   The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal does not satisfy Clause 29 (2)(ii)(e) of State Environmental Planning Policy (Affordable Rental Housing) 2009 in that the development does not provided sufficient car parking to accommodate the number of boarding rooms, and the lift access to and manoeuvring within the basement levels is unresolved.

 

2.   The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal has not provided a Stage 2 Intrusive Investigation and therefore does not satisfy State Environmental Planning Policy No 55 - Remediation of Land.

 

3.   The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal does not provide  adequate stormwater disposal therefore not satisfying Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment.

 

4.   The proposal does not satisfy the following zone objectives as per Clause 2.3 – Zone Objectives and Land Use Table (B4 Mixed Use) of Kogarah Local Environmental Plan 2012:

 

·    To provide a mixture of compatible land uses.

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

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

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

·    To provide opportunities for residential development, where appropriate.

 

Whereby the proposed built form results in adverse visual massing which is not considered to be contextually appropriate given established built form in the immediate vicinity. The design results in poor amenity, outlook, privacy and solar access impacts upon adjoining residential properties to the west and south.

 

5.   The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 in regards to Draft State Environmental Planning Policy – Environment.

 

6.   The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 in regards to Draft State Environmental Planning Policy – Remediation of Land.

 

7.   The proposal is unsatisfactory having regard to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal fails to comply with the Kogarah Development Control Plan 2013 in respect to amenity and built form controls.

 

8.   The proposal is unsatisfactory having regard to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 as the development will cause adverse impacts upon the natural environment with respect to the impact regarding the disposal of stormwater.

 

9.   The proposal is unsatisfactory having regard to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 as the development will cause adverse impacts upon the built environment with respect to the impact upon the streetscape, view loss and amenity to adjoining properties.

 

10. The proposed development is unsatisfactory having regard to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 in that the site is not suitable for the development in its present form.

 

11. Approval of the development would not be in the public interest and contrary to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

 

12. The proposal has provided inadequate and inconsistent information.

 

Division 8.2 Reviews

38.      Division 8.2 of the Environmental Planning and Assessment Act (Act) requires the following provisions (section 8.3) to be considered in the assessment of an application to review a determination:

 

(1)  An applicant for development consent may request a consent authority to review a determination or decision made by the consent authority. The consent authority is to review the determination or decision if duly requested to do so under this Division.

(2)  A determination or decision cannot be reviewed under this Division:

(a)  after the period within which any appeal may be made to the Court has expired if no appeal was made, or

(b)  after the Court has disposed of an appeal against the determination or decision.

(3)  In requesting a review, the applicant may amend the proposed development the subject of the original application for development consent or for modification of development consent. The consent authority may review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development.

 

39.      The statutory considerations pursuant to Division 8.2 Reviews of the Act have been met. The application has been lodged within an appropriate timeframe to be assessed, report and determined within 6 months of the application determination and is considered to be substantially the same development as the original application (DA2019/0232) albeit reduced in scale.

 

Discussion on reasons for refusal and the Review application

40.      REV2020/0013 (the current application) was lodged on 1 May 2020. The application seeks consent for site remediation, demolition works, construction of a mixed use development comprising three (3) levels of basement car parking, ground floor commercial and service areas, five (5) levels of board house containing forty three (43) rooms inclusive of the caretakers room, landscaping and site works. The development has been amended as follows:

 

-     Reduction in the number of storeys from eight (8) to six (6) storeys;

-     Reduction in the number of boarding rooms from 49 rooms plus a manager’s room to 42 rooms plus a managers room;

-     Reduction in the number of basement parking levels from 4 levels to 3 levels; and

-     Reduction in the number of parking spaces from 27 spaces to 24 spaces.

 

41.      Below is a montage of the development form refused by the LPP and the montage of the revised form the subject of this Review application.

 

Montage (refused application DA2019/0232)

Proposed Montage (Review application)

 

42.      An assessment of how the review application has addressed the reasons for refusal is provided in the following table.

 

Reason for refusal

Review  - applicant’s comments

Comment

1.  The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal does not satisfy Clause 29 (2)(ii)(e) of State Environmental Planning Policy (Affordable Rental Housing) 2009 in that the development does not provided sufficient car parking to accommodate the number of boarding rooms, and the lift access to and maneuvering within the basement levels is unresolved. 

The applicant submitted a Parking Design Review Report in support of the proposal, which included specifications on the car lift that provides access from the ground level to the basement parking levels.

Council’s Traffic Engineer has reviewed the proposal and the supporting documentation and raises no concern with the development, subject to conditions of consent should the application be supported which include that the car lift operate at a minimum speed of 0.3m/s. Conditions of consent have been recommended should the application be supported.

2.  The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal has not provided a Stage 2 Intrusive Investigation and therefore does not satisfy State Environmental Planning Policy No 55 - Remediation of Land.

The applicant submitted a Detailed Site Investigation Report with this application. The report concludes:

 

“It is considered that this investigation area is no longer of potential contamination concern and suitable to the intended development works.”

Council’s Environmental Health Officer has reviewed the report and raises no objection to the proposal. The report concludes the site is suitable for the proposed use. The report is listed in the conditions of consent.

 

3.  The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal does not provide  adequate stormwater disposal therefore not satisfying Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment.

The applicant submitted amended stormwater management plans that propose onsite detention and drainage to Railway Parade.

Council’s Development Engineer has reviewed the amended plans and raises no objection. Conditions of consent have been recommended should the application be supported.

4.  The proposal does not satisfy the following zone objectives as per Clause 2.3 – Zone Objectives and Land Use Table (B4 Mixed Use) of Kogarah Local Environmental Plan 2012:

 

·     To provide a mixture of compatible land uses.

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

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

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

·     To provide opportunities for residential development, where appropriate.

Whereby the proposed built form results in adverse visual massing which is not considered to be contextually appropriate given established built form in the immediate vicinity. The design results in poor amenity, outlook, privacy and solar access impacts upon adjoining residential properties to the west and south.

The applicant has submitted amended plans that have reduced the height of the building by two (2) storeys to align with the podium of the adjacent buildings at 254 Railway Parade and 3 Blake Street.

The reduction in height results in a built form that is suitable for the site and no longer impacts outlook, views, solar access or privacy of neighbouring residential units. The form aligns with the adjacent podium and therefore provides consistency form the streetscape.

5.  The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 in regards to Draft State Environmental Planning Policy – Environment.

The applicant submitted amended stormwater management plans that propose onsite detention and drainage to Railway Parade.

Council’s Development Engineer has reviewed the amended plans and raises no objection. Conditions of consent have been recommended should the application be supported.

6.  The proposal is unsatisfactory having regard to Section 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 in regards to Draft State Environmental Planning Policy – Remediation of Land.

The applicant submitted a Detailed Site Investigation Report with this application. The report concludes:

 

“It is considered that this investigation area is no longer of potential contamination concern and suitable to the intended development works.”

Council’s Environmental Health Officer has reviewed the report and raises no objection to the proposal subject to conditions of consent. The report concludes the site is suitable for the proposed use. The conditions of consent reference the report.

7.  The proposal is unsatisfactory having regard to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal fails to comply with the Kogarah Development Control Plan 2013 in respect to amenity and built form controls.

The applicant has submitted amended plans that have reduced the height of the building by two storeys to align with the podium of the adjacent buildings at 254 Railway Parade and 3 Blake Street.

The reduction in height results in a built form that is suitable for the site and no longer impacts outlook, views, solar access or privacy of neighbouring residential units. The streetscape presentation also aligns with the podium of the adjoining allotment providing consistency.

8.  The proposal is unsatisfactory having regard to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 as the development will cause adverse impacts upon the natural environment with respect to the impact regarding the disposal of stormwater.

The applicant submitted amended stormwater management plans that propose onsite detention and drainage to Railway Parade.

Council’s Development Engineer has reviewed the amended plans and raises no objection. Conditions of consent have been recommended should the application be supported.

9.  The proposal is unsatisfactory having regard to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 as the development will cause adverse impacts upon the built environment with respect to the impact upon the streetscape, view loss and amenity to adjoining properties.

The applicant has submitted amended plans that have reduced the height of the building by two storeys to align with the podium of the adjacent buildings at 254 Railway Parade and 3 Blake Street.

The reduction in height results in a built form that is suitable for the site and no longer impacts outlook, views, solar access or privacy of neighbouring r