AGENDA - LPP

Meeting:

Georges River Local Planning Panel (LPP)

Date:

Thursday, 6 May 2021

Time:

4.00pm

Venue:

Council Chambers, Civic Centre, Hurstville

Panel Members:

Paul Vergotis (Chairperson)

Juliet Grant (Expert Panel Member)

John Brockhoff (Exper Panel Member)

Annette Ruhotas (Community Representative)

 

  

1. On Site Inspections

a)   23 Railway Parade Penshurst

b)   65-69 Lawrence Street Peakhurst

c)    53A-59A Gloucester Road Hurstville

2. Opening

3. Consideration of Items and verbal submissions

LPP010-21        65-69 Lawrence Street Peakhurst – DA2020/0217

(Report by Senior Development Assessment Officer)

LPP011-21        23 Railway Parade Penshurst – MOD2020/0221

(Report by Principal Planner)

LPP012-21        53A - 59A Gloucester Road, Hurstville – SF18/3360

(Report by Strategic Planner/Information Management)

4. LPP Deliberations in Closed Session

5. Confirmation of Minutes


Georges River Council – Local Planning Panel   Thursday, 6 May 2021

Page 0

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 06 May 2021

 

LPP Report No

LPP010-21

Development Application No

DA2020/0217

Site Address & Ward Locality

65-69 Lawrence Street Peakhurst

Peakhurst Ward

Proposed Development

Demolition, construction of residential flat building, landscaping and site works

Owners

Nassif Family Holdings Pty Ltd, MJN Australia Pty Ltd, HEGA Developments Pty Ltd, Grace Development (Aust) Pty Ltd, Mr Kamal Nassif, Beaini Enterprises Pty Ltd

Applicant

Cornerstone Design

Planner/Architect

Planner: BMA Urban, Architect: Cornerstone Design

Date Of Lodgement

4/06/2020

Submissions

Two (2) submissions

Cost of Works

$5,290,000.00

Local Planning Panel Criteria

Ministerial Direction - Residential Flat Building

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

Environmental Planning and Assessment Act 1979, Environmental Planning Regulation 2000, State Environmental Planning Policy – No. 55 Remediation of Land,

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Infrastructure) 2007, Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment, State Environmental Planning Policy (Building and Sustainability Index) 2004, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft Environmental State Planning Policy, Draft Remediation of Land State Environmental Planning Policy, Draft Design and Place SEPP, Draft Georges River Local Environmental Plan 2020,

Draft Georges River Development Control Plan 2020, Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No. 1, Georges River Interim Development Control Plan 2020

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

Architectural Plans,

Clause 4.6 Exception to Development Standard to Clause 4.3 Height of Building

 

 

Report prepared by

Senior Development Assessment Officer

 

 

Recommendation

That the application be approved in accordance with the conditions referenced 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?

 

Yes - Clause 4.6 Exception to Development Standard to Clause 4.3 Height of Building to the Hurstville Local Environmental Plan 2012 equating to 12.72m (6%) variation.

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, the conditions will be made public upon publishing of this report.

 

Site Plan

Figure 1 – Aerial photograph with the site (65-69 Lawrence Street, Peakhurst) outlined in red (Source: Intramaps, 2021).

 

Executive Summary

1.         The development application seeks consent for demolition works and construction of a residential flat building, landscaping and site works on land known as 65-69 Lawrence Street, Peakhurst.

 

2.         A previous development application (DA2019/0390) was withdrawn on 17 March 2020 which sought demolition of existing and construction of a residential flat building on 65-67 Lawrence Street, Peakhurst. This application was withdrawn on the basis that No. 69 Lawrence Street, Peakhurst was acquired and would form part of a new development application being this current development application.

 

3.         The development application (DA2020/0217) was received by Council on 4 June 2020. The development application seeks consent for demolition of existing structures and construction of a four (4) storey residential flat building with roof top communal open space, lift, stair access and pergola. The proposal comprises of twenty one (21) residential apartments, one (1) level of basement car parking containing twenty seven (27) car spaces, driveway and associated landscaping and site works.

 

4.         The application was notified between 15 June – 29 June 2020. In response, two (2) submissions were received. The amendments made during the assessment of the proposal did not require re-notification as the proposed built form is largely unchanged from the original proposed design and there are no additional environmental impacts.

 

5.         On 22 February 2021, Council sent a request for additional information requesting consideration be given to amending the proposal to address the bulk and scale of the development, the streetscape presentation and unit amenity.

 

6.         On 1 April 2021, the applicant submitted subsequent information for Council’s consideration addressing the issues raised in the 22 February 2021 request for amendments, the revised information forms the basis of this assessment report.

 

7.         On 6 April 2021, the applicant was advised to further improve the interface of the ground floor units along the northern front elevation and identify the location of service boosters on the plans and any necessary updated documentation.

 

8.         On April 9 and 12 2021, the applicant provided additional information in relation to the above. These revised details have been assessed and form the basis of this report.

 

9.         On 22 April 2021, the applicant provided an amended basement plan to provide an accessible car space for adaptable unit (1.06).

 

10.      An assessment of the amended proposal has been undertaken the proposal seeks variations to the State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development regarding spatial separation (visual privacy), Hurstville Local Environmental Plan 2012 (height of building) and Hurstville Development Control Plan No.1.

 

11.      The amended proposal seeks the overall height of 12.72m for the lift overrun resulting in a 6% variation (maximum) to the maximum height control of 12m. A revised clause 4.6 exception to development standard was submitted with the amended plans and has been considered as part of this assessment.

 

Site and Locality

12.      The subject development site is legally described as Lots 250, 251, 252 in DP 36317. The site forms an irregular rectangular allotment and is known as 65-69 Lawrence Street, Peakhurst. The site is dimensioned as follows:

·        Northern front boundary – 45.71m

·        Southern rear boundary – 52.425m.

·        Western side boundary – 36.32m.

·        Eastern side boundary – 36.01m.

With a total site area of 1,769.9sqm.

 

The site accommodates three (3) dwelling houses with ancillary structures. Trees are located within the front and rear setbacks and within the Lawrence Street road reserve. The site contains a cross slope from the rear south-east corner (high) to the front north-west corner (low). The site is affected by a sewer main which is located within the front setback.

 

13.      The immediate surrounding area is undergoing transitional change from dwelling houses to residential flat buildings. Within the immediate vicinity 50-52 Lawrence Street, 71–73 Lawrence Street of which comprise of three storey residential flat buildings. 61-63 Lawrence Street adjoining the site to west are two dwelling houses however an approval has been granted for a three-storey residential flat building under (DA2017/0584). The site directly backs onto an irregular shaped parcel of land zoned RE1 Public Recreation which interfaces with Forest Road.

 

Figure 2 - Aerial extract of subject site 65-69 Lawrence Street, Peakhurst with the site outlined in red (Source: Intramaps, 2020).

 

Zoning and Permissibility

14.      The subject site is zoned Zone R3 Medium Density Residential pursuant to the Hurstville Local Environmental Plan 2012 (HLEP2012). The proposed development is defined as a Residential Flat Building and is a permissible use in the zone with development consent.

 

Figure 3 - Zoning extract of subject site 65-69 Lawrence Street, Peakhurst with the site outlined in red (Source: Intramaps, 2021).

 

Submissions

15.      The application was notified between 15 and 29 June 2020. In response, two (2) submissions were received objecting to the proposal. The amendments made to the proposal during the assessment of the application did not require re-notification as the proposed built form is largely unchanged with in a minor decrease in height for the lift overrun and minor building changes to the front façade and internal changes.

 

Reason for Referral to the Local Planning Panel

16.      The application seeks development consent for a residential flat building and the consent authority is the Georges River Local Planning Panel in accordance with the Ministerial Direction.

 

Planning and Design Issues

17.      The assessment of the application has identified that the proposal seeks a variation to State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development regarding Visual Privacy and Separation. The proposal seeks a variation to Clause 4.3 Height of Building within the Hurstville Local Environmental Plan 2012. A Clause 4.6 Exception to Development Standard has been provided by the applicant and through Council’s assessment is satisfactory as detailed later in this report. The proposal seeks variations to the Hurstville Development Control Plan No. 1 regarding the maximum number of storeys and maximum cut to accommodate the finished ground floor level.

 

18.      The proposal is considered to satisfy the R3 Medium Density Residential Development zone objectives. These variations are discussed in further detail within the body of the report.

 

Conclusion

19.      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 considered satisfactory and is recommended for approval subject to conditions of consent referenced at the end of this report.

 

Report in Full

Description of the Proposal

20.      The development application (DA2020/0217) was received by Council on 1 June 2020. In detail, the development application seeks consent for demolition of existing structures and construction of a four (4) storey residential flat building with roof top communal open space with lift, stair access and pergola. The proposal comprises of twenty one (21) residential apartments, one (1) level of basement car parking containing twenty seven (27) car spaces and associated landscaping and site works.

 

 

Figure 4 - Extract of amended photomontage of proposal viewed from Lawrence Street, Peakhurst (Source: Cornerstone Design, 2021).

 

Figure 5 - Extract of proposed north street facing elevation on the subject site (Source: Cornerstone Design, 2021).

 

21.      In detail, the amended proposal is described as follows:

 

Demolition

Demolition of (3) dwelling houses, associated ancillary structures and outbuildings within the development site being 65-69 Lawrence Street, Peakhurst.

 

·        Basement Level 1

Twenty-seven (27) car parking spaces, eight (8) bicycle spaces, storage, service rooms, diesel pump room, garbage room, metre room, lift core, access stairs, and cleaner’s room.

 

·        Ground Floor (split level)

Pedestrian entrance from Lawrence Street, Peakhurst

Basement entry along north west front corner

Communal open space at the rear

1 x 1 bedroom unit

6 x 2 bedroom unit

 

·        Level 1 (split level)

1 x 1 bedroom unit

6 x 2 bedroom units

Lift core and access stairs

 

Level 2 (split level)

·        1 x 2 bedroom unit

1 x 6 bedroom units

Lift core and access stairs

 

·        Rooftop Level

Communal open space 259.12sqm with BBQ area, pergola structure, common WC lift and stair access.

 

22.      It is noted that the original proposal was amended in during the development assessment process (the amendments form the basis of this assessment report) which resulted in the following design changes:

·    Lowering of units by 250mm

·    Lowering of lift overrun

·    Additional landscaping within front setback

·    Amendment to G.01 and G.02 units along the front elevation to frameless glass

·    Pergola structure above driveway entry with planter boxes

·    Amendment to snorkel windows

 

Description of the Site and Locality

23.      The subject site is legally described as Lots 250, 251, 252 in DP 36317. The site forms an irregular rectangular allotment shape and is known as 65-69 Lawrence Street, Peakhurst. The site is dimensioned as follows:

·      Northern front boundary – 45.71m

·      Southern rear boundary – 52.425m.

·      Western side boundary – 36.32m.

·      Eastern side boundary – 36.01m.

With a total site area of 1,769.9sqm.

 

24.      The site comprises of three (3) dwelling houses with ancillary structures. Trees are located within the front and rear setbacks and within the Lawrence Street road reserve.

 

The site contains a cross slope from the rear south east corner (high) to the front north-west corner (low). The site is affected by a sewer main which is located within the front setback.

 

25.      The immediate surrounding area is undergoing transitional change from dwelling houses to residential flat buildings. Within the immediate vicinity 50-52 Lawrence Street and 71–73 Lawrence Street which comprise three storey residential flat buildings. 61-63 Lawrence Street adjoining the site to west comprises of two dwelling houses however an approval has been granted for a three-storey residential flat building under (DA2017/0584). The site directly backs onto an irregular shaped parcel of land zoned RE1 Public Recreation which directly interfaces with Forest Road.

 

Figure 6 - Photograph of western end subject site viewed from Lawrence Street, Peakhurst (Source: GRC, 2020).

 

Figure 7 - Photograph of the eastern end of the subject site viewed from Lawrence Street, Peakhurst (Source: GRC, 2020).

 

26.      The immediate surrounding area is undergoing transitional change from generally dwelling houses to residential flat buildings and boarding houses. The immediate surrounding area comprises of recently constructed residential flat buildings which generally adopt a three – four storey built form.

 

Figure 8 - Photograph of adjoining residential flat buildings eastward along Lawrence Street, Peakhurst (Source: GRC, 2020).

 

Figure 9 – Extract of approved residential flat building at No. 61-63 Lawrence Street, Peakhurst (DA2017/0584) which adjoins the site directly to the west (Source: Cornerstone Design, 2018).

 

Figure 10 - Extract of Map indicating location of subject site and immediate surrounding area (Source: GRC Intramaps, 2021)

 

HISTORY

27.      The development application (DA2020/0217) seeks consent for demolition works and construction of a residential flat building on land known as 65-69 Lawrence Street, Peakhurst.

 

28.      A previous development application (DA2019/0390) was withdrawn on 17 March 2020 which sought demolition of existing and construction of a residential flat building on 65-67 Lawrence Street. This application was withdrawn on the basis that 69 Lawrence Street was acquired and would form part of a new development application being the subject development application.

 

29.      The development application (DA2020/0217) was received by Council on 1 June 2020. In detail, the development application seeks consent for demolition of existing structures and construction of a four (4) storey residential flat building with roof top communal open space with lift, stair access and pergola. The proposal comprises of twenty-one (21) residential apartments, one (1) level of basement car parking containing twenty-seven (27) car spaces and associated landscaping and site works.

 

30.      The application was notified between 15 and 29 June 2020. In response, two (2) submissions were received during the notification period objecting to the proposal. The amendments made to the proposal during the assessment process did not require re-notification as the proposed built form is largely unchanged from the original proposed design and there are no additional environmental impacts.

 

31.      On 22 February 2021, Council sent a request for additional information requesting consideration be given to amending the proposal to address the bulk and scale of the development, the streetscape presentation and unit amenity.

 

32.      On 1 April 2021, the applicant submitted subsequent information for Council’s consideration addressing the issues raised in the 22 February 2021 request for amendments, the revised information forms the basis of this assessment report.

 

33.      On 6 April 2021, the applicant was advised to further improve the interface of the ground floor units along the northern front elevation and identify the location of service boosters on the plans.

 

34.      On 9 and 12 April 2021, the applicant provided additional information in relation to the above. These revised details have been assessed and form the basis of this report.

 

35.      On 22 April 2021, the applicant provided an amended basement plan to provide an accessible car space for adaptable unit (1.06).

 

36.      An assessment of the amended proposal has been undertaken the proposal seeks variations to the State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development regarding spatial separation (visual privacy), Hurstville Local Environmental Plan 2012 (height of building) and Hurstville Development Control Plan No.1.

 

37.      The amended proposal seeks the overall height of 12.72m for the lift overrun resulting in a 6% variation to the maximum height control of 12m. A revised clause 4.6 exception to development standard was submitted with the amended plans and has been considered as part of this assessment.

 

State Environmental Planning Policies (SEPPs)

38.      Compliance with the relevant State Environmental Planning Policies is summarised in the following table and discussed in further detail below.

 

SEPP Title

Complies

State Environmental Planning Policy No 55 - Remediation of Land

Yes

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

No

State Environmental Planning Policy (Infrastructure) 2007

Yes

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 (Vegetation in Non-Rural Areas) 2017

Yes

 

 

Environmental Planning and Assessment Regulations 2000

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

 

State Environmental Planning Policy No 55 - Remediation of Land

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

 

41.      A review of the site history based on Council’s records indicates that the site has been used for residential purposes for extended periods of time, and such uses and/or development are not typically associated with activities that would result in the contamination of the site.  A Geotechnical report accompanied the application which was prepared by STS Geotechnics dated 20 March 2020 which contains recommendations for a dilapidation survey on adjoining properties. In this regard, the proposal has adequately satisfied the considerations of the State Environmental Planning Policy. If the application was to be supported this would be imposed as a condition of consent.

 

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

42.      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 residential flat developments of three or more storeys in height 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.

 

Clause 28(2) of SEPP65 requires that the consent authority take into consideration the following as part of the determination of DAs to which SEPP 65 applies:

 

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.

 

43.      In addition to satisfying the above nine (9) design principles, the proposal generally satisfies the Apartment Design Guidelines in respect to the design quality of the building and its apartments. An assessment against the principles, objectives and controls of SEPP 65 and the ADG have been provided below.

 

Application of SEPP 65

Clause

Standard

Proposal

Complies

3 - Definitions

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

The proposal complies with definition of a “residential apartment development” within the SEPP.

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 proposal seeks the erection of a Residential Flat Building (RFB) which satisfies the SEPP’s definition of this residential land use.

Yes

50 – Development Applications

Design verification statement provided by qualified designer

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered practicing and practicing architect Nick Lycenko (3010).

Yes

 

Part 2 Design Quality Principles under the State Environmental Planning Policy

44.      The proposal has been considered in relation to the following design principles; context and neighbourhood character, build form and scale, density, sustainability, landscape, amenity, housing diversity and social interaction and aesthetics. Urban Design comments were provided which raised the following concerns.

 

Bulk and Scale

45.      “The main building envelope has part of the lift overrun and rooftop pergola structure exceeding the height limit. Given the noisy environment at the rear of the site it may be acceptable to provide communal open space at roof level, but it is subject to what else has been approved in the area and also subject to overshadowing diagrams demonstrating that the exceedance does not cause additional adverse impacts”.

 

46.      Applicant’s design response: The lift overrun has been lowered 200mm. Please note that shadows cast by the lift overrun fall upon the proposed building and don’t impact the neighbouring properties”.

 

47.      Comment: Only the top of the lift overrun exceeds the height of building, this has been reduced 450mm from the original design (from the reduction of height of the lift overrun and through the lowering of the building). Other elements are below the 12m height of building. The proposed location of the rooftop communal open space is considered to be acceptable to maximise northern solar penetration given the north-south orientation of the site. It is noted that an additional open space area located on the ground floor has been provided with additional landscaping embellishment however this receives limited solar access as this is located due south.

 

Basement Ramp

48.      “One of the key concerns is the exposed basement driveway which is located along the western boundary. It appears that there are precedents of similar driveway locations established by the other RFB type developments in the vicinity of the subject site including the adjacent recent development at No 71-75. Nevertheless, it presents a poor outcome resulting in adverse impact to surrounding public and private domain areas. To meet ADG guidelines (3H-1) and prevent visual dominance, the driveway should be encapsulated within the built form and integrated into the composition of the front façade. Currently, the driveway occupies the majority of the side setback, leaving insufficient capacity for deep soil landscape screening along the common boundary, failing to contribute positively to the residential streetscape character along Lawrence Street”.

 

49.      Applicant’s design response: A pergola has been introduced over the driveway from which hanging plants and vines can hang over the driveway. Also, a planter box has been incorporated over the rear wall. This allows for plants to cascade over the edge and soften the masonry wall at the end of the driveway. Finally, the balustrading on the side of the driveway has been changed to an open type aluminium balustrade which allows planting to grow through and thus again soften the appearance of the driveway and better integrate it into the streetscape”.

 

50.      Comment: The location of the driveway is considered to be compatible with other driveways and basement entries for recently constructed/approved residential flat buildings within the Peakhurst area. It is noted that the application has provided additional landscaping over the driveway entry to soften the transition into the basement entry. This is considered to be reasonable in relation to the streetscape presentation.

 

51.      “According to the Lawrence St elevation (Drawing No. DA08, Cornerstone Design, April 2020), the ground level apartments are raised above the level of the footpath creating a blank wall interface and a ‘hostile’ presentation to the western part of the street frontage which provide limited levels of passive surveillance to the pedestrian environment. An improved outcome could be achieved with adjustments to the split level configuration to bring the west-facing units closer to street level; however, this would require an additional lift core. Alternatively, the driveway entry could be re-located to replace Unit G.02. resulting in improved outcomes to the side edges and minimise amenity impacts to the adjoining site (No. 63 Lawrence Street) in terms of adverse acoustic and odour impact. Furthermore, the exposed driveway will result in poor amenity to Unit G.02. overlooking the driveway”.

 

52.      Applicant’s design response: The apartments addressing Lawrence St have been lowered 250mm. The entry is now only 390mm above the footpath level directly in front. The solid masonry balustrade in front of apartments G.01 and G.02 have been amended by incorporating tinted frameless glass balustrading. This, with the reduction in height of 250mm significantly reduces the visual impact of the previously proposed balustrade”.

 

53.      Comment: The front elevation has been slightly lowered and improved contemporary treatment has been applied in relation to the materials. The front setback has been further embellished with landscaping which results in a reasonable planning outcome which is compatible with the immediate surrounding area. In relation to the driveway location, this is considered to result in a practical location with appropriate driveway gradients achieved. An additional open pergola structure has been incorporated within the design with a planter box to soften the interface of the basement entry and driveway. This also results in an improved outlook for units facing the driveway.

 

Streetscape

54.      “The composition of the front elevation is bulky and the feature balcony columns and composition of the protruding balcony elements dominate the building’s appearance. With some adjustment, the front elevation could be improved to present more elegant to complement the streetscape character”. 

 

55.      Applicant’s design response: The solid masonry balustrade in front of apartments G.01 and G.02 have been amended by incorporating tinted frameless glass balustrading. This, with the reduction in height of 250mm significantly reduces the visual impact of the previously proposed balustrade”.

 

56.      Comment: The design has been amended on the ground floor and slightly reduced in height to reduce visual impacts. The proposed built form in relation to balcony design and columns are considered to be compatible with the development form in the immediate vicinity within Lawrence Street and complies with most setbacks (with the exception or the rear setback – which is supported on planning merit) and articulation requirements of the ADG.

 

57.      “The stand-alone fire-exit structure is not a good outcome and should be integrated into the built form. It appears to be elevated above the existing ground level, adjacent to the courtyard area of Unit GU07. The structure adds to the perceived width and bulk of the development, restricting outlook and daylight access to Unit GU07 (Photomontage – without trees, Cornerstone Design, April 2020). It presents as an intrusive element to the streetscape and should be reconfigured”

 

58.      Applicant’s design response: “There is a 5.4m landscape buffer between this exit and the front boundary line. The photo montage referred to in the report has all the frontage trees removed on the street and within the site. This was added to the proper photo montage in order to better view the façade and articulation of the proposal. There are several trees in the landscaped area proposed between the exit stair and the footpath which offer additional camouflage”.

 

59.      Comment: The fire exit is required to comply with the BCA however additional landscaping has been proposed within the front setback to further embellish the site and improve presentation to the streetscape.

 

60.      “The design of the mailboxes should be reconsidered to comply with the DCP and ADG requirements. The pedestrian access ramp dominates the frontage to Lawrence street and should be reconfigured. The length (approximately 15m) of the ramp is excessive and should be re-designed to provide direct access and a clear sightline to the residential lobby area. A reduction in the length of the access ramp would also allow for increased landscape opportunities”.

 

61.      Applicant’s design response: The lowering of the building has resulted in a shorter pathway to the street. It is not possible to run a stair or a path straight from the entry as there would be significant root damage to the existing street tree which is to be maintained”.

 

62.      Comment: The mailboxes have been redesigned and have been relocated along the front boundary to Lawrence Street, Peakhurst. The mailboxes are considered to result in a location which is practical and commensurate of other mailboxes within the immediate area for residential flat buildings. Whist the ramp has been reduced in length. The pedestrian access ramp is required to provide appropriate accessibility given the sloping topography of the site however additional landscaping has been proposed within the front setback to further embellish the street interface.

 

Other

63.      “Accessibility issues should be assessed by Council’s officer including access to the south-facing units and the communal open space at ground level which does not appear to be universally accessible. Snorkel windows are provided to Unit G.01and Unit 2.01, which is not supported. The Landscape Plan should be amended to ensure adequate screening between the private courtyards and the common open space at Ground Floor level can be achieved to prevent compromised amenity to the south facing units”.

 

64.      Applicant’s design response: “The disabled access to the rear common open space is via the two-sided lift and not the stairs. The access report lodged with the application testifies to the compliance of access to the rear. The snorkel windows have now been deleted”.

 

65.      Comment: The proposal complies with the access to premises standards as a clear path of travel has been provided via a lift. The snorkel windows on units G.01, 2.01 and 3.01 have been widened to facilitate improved amenity and solar penetration into these units. There is adequate screen planting provided on site to provide adequate levels of privacy for each unit directly adjoining the ground floor communal open space.

 

66.      Comment:  The proposal has been considered in relation to the design quality principles. In response, the applicant provided amended plans which are considered to result in a reasonable built form.

 

67.      It is considered that the amended proposal is an improvement over the original design and results in a reasonable built form which is considered to be compatible with the established character of residential flat buildings within Lawrence Street, Peakhurst.

 

68.      Clause 28 of SEPP65 requires the consent authority to take into consideration the provisions of the ADG.  This consideration has been undertaken below.

 

Part 3 and Part 4 – Consideration of Residential Flat Design Code Design Controls

Clause

Standard

Proposal

Complies

Objective 3D- Communal and Open Space

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

-Where it cannot be provided on ground level it should be provided on a podium or roof

 = 443.2sqm (min)

-Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should:

• provide communal spaces elsewhere such as a landscaped roof top terrace or a common room

• provide larger balconies or increased private open space for apartments

• demonstrate good proximity to public open space and facilities and/or provide contributions to public open space

 

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 proposal provides two areas of common open space,

1.  Rooftop area = 359.12sqm

2.  Ground floor at the rear (south of the site) = 196.11sqm

In total this equates to 31.31% (555.23sqm).

 

Every apartment includes a sizable and compliant balcony/terrace with many exceeding the minimum requirements of the SEPP. It is noted that the calculations exclude balcony areas that are below the minimum depth.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The roof top area of common open space receives in excess of 3 hours of solar access during the Winter Solstice which is assisted by the northern solar aspect.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

Objective 3E- Deep Soil Zones

 

 

1. Deep soil zones are to meet the following minimum

requirements:

 

Where the site is less than 1500sqm = 6m min dimension

 

Min deep soil area of 7% (124.09sqm min)

 

Site area = 1,769.9sqm

 

 

 

 

 

 

 

 

 

124.10sqm located within the rear south-west corner. Council’s consultant arborist has also supported the landscaping component of this proposal which seeks to appropriately embellish the site.

 

 

 

 

 

 

 

 

 

Yes

Objective 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) (Levels: GF, L1, L2 and rooftop)

 

 

Habitable - 6m

Non-habitable – 3m

 

 

Habitable - 6m

Non-habitable – 3m

 

 

Habitable - 6m

Non-habitable – 3m

The balconies achieved complaint spatial separation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Southern  rear  boundary:

5.35m - 7.64m

Exceeds 6m

 

Western side boundary:

6 - 6.65m

Exceeds 6m

 

Eastern side boundary:

6.0m – 9.55m

Exceeds 6m

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No (1)

Yes

 

 

Yes

Yes

 

 

Yes

Yes

Objective 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 development has a main central entry which is accessed from Lawrence Street and provides direct access to the lift core centrally located within the building.

Yes

Objective 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 development proposes a driveway from Lawrence Street along the western boundary. The driveway entry is recessed behind the front building line and is sufficient enough in width for two vehicles to pass each other without any conflict. This is a safe and appropriate design feature supported by Council’s Senior Traffic Engineer.

Yes

Objective 3J-Bicycle and 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:

 

- 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

These provisions are not applicable as the proposal is not within 800m of a railway station or light rail stop.

 

 

 

 

Council’s car parking provisions contained in the HDCP are relevant. The car parking rate of 1 car space per (1 - 2 bedroom units) and 1 visitor car space per 4 units. This equates to a minimum 26.25 car parking spaces (21 residential and 5.25 visitor). The proposal complies providing twenty-seven (27) car parking spaces (21 residential and 6 visitors) within the basement.

Yes

 

 

 

 

 

 

 

Yes

Objective 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 9 am and 3 pm at mid-winter in the Sydney Metropolitan Area

 

Daylight access is maximised where sunlight is limited.

71.4% of units (a total of 15/21 units) receive a minimum of 2 hours of solar access between 9am to 3pm in mid-winter. This is assisted by the northern solar aspect and clerestory roof windows for units 2.04 and 2.05.    

Yes

Objective 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

61.9% (13/21units) of the apartments are cross ventilated as they are corner apartments designed around a centralised core. It is noted that units 2.04 and 2.05 contain clerestory roof windows on the upper floor to provide additional ventilation.

Yes

 

Objective 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 minimum floor to ceiling height for habitable rooms at all levels is 2.7m with slab to slab levels being 3.1m floor to floor. Non - habitable rooms such as bathrooms propose a compliant floor to ceiling height of 2.45m to allow for services above.

Yes

 

Objective 4D-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

 

 

 

 

All apartments comply with the minimum internal area requirements.

 

1 bedroom apartments have minimum internal areas of 51.78sqm.

 

2 bedroom apartments have minimum internal areas ranging from; 75.73 – 80.26sqm.

 

Additional bathrooms within the 2 bedroom units with a minimum 5sqm added to the total internal unit area.

 

 

 

Every habitable room has natural ventilation via windows with a minimum glass area of 10%.

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

Yes

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

Complies and addressed as part of the design.

 

 

 

8m (max).

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)

 

3. 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

Complies with the minimum room sizes. Master bedrooms have a minimum area of 10 - 13sqm whilst all other secondary bedrooms have areas of 9sqm (excluding the wardrobes).

 

Bedrooms have a minimum dimension of 3m which exclude wardrobes.

 

 

 

 

 

 

 

4.2m min for 1 bedroom.

 

4m min for 2 bedroom units.

 

No cross-over or double loaded apartments are proposed.

Yes 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

Yes

 

N/A

 

Objective 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

 

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

 

 

 

 

More than 8sqm/2m depth

 

More than 10sqm/2m depth

 

 

Balcony areas included with a minimum depth of 1m.

 

 

 

5/7 ground floor apartments have terraces with minimum areas of 36-57sqm exceeding the minimum requirements. Units G.01 (21.09sqm), G.02 (17.60sqm) comply with the minimum balcony size requirements for 2-bedroom units.

 

 

 

 

Yes

 

Yes

 

 

Yes

 

 

 

 

Yes

Objective 4F-Common circulation and spaces

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

There is one lift core to service the following units on each level:

GF,1F, 2F = 7 units on each level (noting that each level is a split level due to the slope of the site).

Yes

 

Objective 4K – Apartment mix

A variety of apartments to be provided

3 x 1 bedroom units, 18 x 2 bedroom units which provide a mixture of layouts, dimensions and aspects.

Yes

Objective 4G-storage

In addition to storage in kitchens, bathrooms and

bedrooms, the following storage is provided:

 

 

1 bedroom = 6m³

2 bedroom = 8m³

 

All units have storage areas that comply with these requirements. Separate storage areas for each apartment are provided in the basement parking levels.

 

The apartments are generous in size and include internal laundries, closets and linen cupboards within each unit.

Yes

 

Objective 4M - Facades

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

The design of the façade is modern and articulated. The design of the main entry and residential levels are differentiated by differing architectural treatments defining the spaces.

 

The building is contemporary in architectural scale and form and includes a number of visually attractive architectural elements and features that enhance the overall appearance of the development when viewed from the streets and public domain.

Yes

Objective 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 considered integrated with the design of the development. The communal roof terrace is centralised with landscaping planters along the edges to embellish the rooftop and provide privacy to adjoining properties.

Yes

Objective 4O – Landscape Design

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

The landscape design is considered appropriate for the shape of the allotment and provides suitable communal and private open space areas and the planting of canopy trees which is supported by Council’s Consulting Arborist.

Yes

Objective 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

Planter boxes provided on the rooftop level.

 

The development allows for substantial areas of deep soil planting along the northern, western and southern setbacks (with the exception of the basement ramp entry) which will permit the planting of mature trees and plants which will screen the lower levels of the building and create attractive areas of landscaping around the building as indicated within the landscape plan. The eastern setback contains planting above the basement slab which can accommodate planting to embellish this setback, whilst it is noted that this will not facilitate canopy planting. The proposal is supported by Council’s Consulting Arborist.

Yes

Objective 4Q – Universal Design

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

The apartment design allows for use by different lifestyles. Internal layouts vary and provide flexible layouts on each level. Two (2) adaptable units are also provided; Units 1.06 and 2.06 as shown as adaptable on the plans. Unit G.06 has been recommended to be conditioned to be an adaptable unit to comply with the HDCP criterion. This results in 3 adaptable units.

Yes

Objective 4R – Adaptive Use

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

N/A

N/A

Objective 4U – Energy Efficiency

Development incorporates passive environmental design, passive solar design to optimise heat storage in winter and reduce heat transfer in summer, natural ventilation minimises need for mechanical ventilation

The proposal is accompanied by a valid revised BASIX certificate which adequately satisfies all legislative requirements.

 

Yes

Objective 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 inti site design

The development is supported by an appropriately detailed stormwater and drainage design which incorporates onsite detention tanks (OSD) draining to Lawrence Street.

Yes

Objective 4W – Waste Management

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

Waste facilities are provided which are accessible to all residents within the basement. It is considered that adequate waste facilities have been provided (putrescible and recycling) to service the proposed twenty-one (21) units and the design is considered acceptable subject to conditions of consent.

Yes

Objective 4X – Building Maintenance

Building maintenance – building design provides protection form weathering, enables ease of maintenance, material selection reduces ongoing maintenance cost

The design incorporates a mix of contemporary external finishes that require minimal maintenance such as render. Materials and finishes have been carefully considered to minimise longer term costs relating to maintenance. The materials proposed are appropriate for this location which is undergoing urban transformation.

Yes

 

(1) Separation Distances

69.      The proposal seeks a variation to the minimum 6m rear separation distances to units on the rear south east corner which adjoins a recreation area which interfaces with Forest Road to the rear. The proposal seeks a side setback for units G.05, 1.05 and 2.05 with a rear setback of 5.35m – 5.85m to the rear boundary.

 

Figure 11 - Extract of rear of second floor plan (south east corner units) which indicates the extent of the rear setback variation (Source: Cornerstone Design, 2020).

 

70.      This variation has been considered and is supported for the following reasons:

 

·      The extent of the variation does not result in any unreasonable privacy impacts to the rear as the site directly adjoins a recreation area and then Forest Road.

·      The variation does not result in any unacceptable noise or amenity impacts for the future occupants as an acoustic report which has considered noise impacts from Forest Road (classified road) is supported by Council’s Environmental Health Officer.

·      The proposed variation does not result in any unacceptable solar access impacts onsite or to adjoining properties given the north-south orientation of the site.

·      The extent of the variation is unlikely to be perceivable from a casual observer when viewed from Forest Road given the slight angular splay of the rear boundaries.

 

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

71.      As the slope of the site slopes from rear (high) to front (low) the stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and can drain to the street satisfying the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment. The method of stormwater detention has been reviewed by Council’s Development Engineer and supported subject to conditions of consent.

 

State Environmental Planning Policy (Infrastructure) 2007

72.      The aim of the Infrastructure State Environmental Planning Policy is to facilitate the effective delivery of infrastructure across the State. The DA was referred to Ausgrid in accordance with Clause 45(2) of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid advised there are no issues with the proposal subject to minimum clearance distances from Ausgrid’s Infrastructure.

 

73.      As the subject site is adjoins a recreation area which interfaces with Forest Road to the rear, this is a classified road which has a traffic volume of over 20,000 cars daily. An acoustic report has been provided having regard to Clause 102 Impact of road noise or vibration on non-road development and is supported by Council’s Environmental Health Officer.

 

74.      Given the above, the proposal has adequately satisfied the provisions of the State Environmental Planning Policy.

 

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

75.      An amended BASIX Certificate No. 1098111M_02 dated 12 April 2021 prepared by Max Brightwell has been issued for the proposed development and the development meets the provisions and minimum requirements of BASIX in terms of water, thermal comfort and energy efficiency.

 

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

76.      The objectives of the State Environmental Planning Policy are to protect the biodiversity values of trees and other vegetation in non-rural areas and preserve the amenity of non-rural areas through the preservation of trees and other vegetation. This policy is applicable pursuant to Clause 5(1) of the State Environmental Planning Policy as the site is within both Georges River Council and the R3 Medium Density Residential zone.

 

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

 

78.      An arborist report was submitted with the development application. Council’s Consulting Arborist supports the proposal subject to the following.

 

79.      The following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

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

Fencing distance from trunk

1 - Lophostemon confertus

Councils street tree, middle of Council verge

6.0 metres radially out without blocking the footpath and roadway.

2 – Lophostemon confertus

Councils street tree, east end of site

6.0 metres radially out without blocking the footpath and roadway.

2 - Eucalyptus scoparia x 2

Rear yard of No 69, south east corner

5.0 metres radially out from their trunks. One collective tree protection fencing zone shall encompass both trees.

3 - Ficus rubiginosa

Within rear yard of No 67

6.2 metres radially out from its trunk..

4 - Brachychiton acerifolius

Within rear yard of No 67

4.3 metres radially out from its trunk.

5 – Syncarpia glomulifera

Within rear yard of No 67

6.2 metres radially out from its trunk.

Trees 3, 4 and 5 above shall have the one collective tree protection fencing zone of 6.2 metres radially out from the trees trunk.

6 – Jacaranda mimosifolia

Within rear yard of No 67 Lawrence Street

4.0 metres radially out from its trunk.

7 – Eucalyptus cladocalyx

Within rear yard of No 65 Lawrence Street, east

5.0 metres radially out from the tree’s trunk.

8 – Jacaranda mimosifolia

Within rear yard of No 65 Lawrence Street, south west back corner

3.5 metres radially out from its trunk.

 

80.    Permission is granted for the removal of the following trees:

 

Tree Species

Number of trees

Location

Syncarpia glomulifera

X1

Within side fence of No 69 Lawrence Street (poisoned).

Archontophoenix cunninghamiana

X1

Rear yard of No 67 Lawrence Street.

Eucalyptus nicholii

X1

Rear yard of No 65 Lawrence Street, large, dead, middle rear of site.

Plumeria acutifolia

X1

Front yard of No 67 Lawrence Street.

Camellia japonica (several)

X3

Front side fence of No 69 Lawrence Street.

Lagerstroemia indica

X3

Within side rear fence of No 65 Lawrence Street.

 

81.      The proposal seeks seventeen (17) trees to replenish the tree canopy which comprise of the following; Corymbia gummifera (3), Glochidion ferdinandi (2), Syncarpia glomulifera (3), Elaeocarpus reticulatus(5) and Tristaniopsis laurina (4) which is considered to be suitable to complement the proposed built form on site.

 

Environmental Planning Instruments

Hurstville Local Environmental Plan 2012

 

Zoning

82.      The subject site is zoned Zone R3 Medium Density Residential pursuant to the Hurstville Local Environmental Plan 2012 (HLEP2012). The proposed development is defined as a Residential Flat Building and is a permissible use in the zone with development consent.

 

Figure 12 - Zoning extract of subject site 65-69 Lawrence Street, Peakhurst with the site outlined in red (Source: Intramaps, 2021).

 

83.      The objectives of the R3 Medium Density Residential 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.

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

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

 

84.      The proposal is not considered to be inconsistent with the above zone objectives.

 

85.      The proposal has been considered against the relevant clauses of Hurstville Local Environmental Plan 2012 (HLEP2012) and is outlined in the table below.

 

Clause

Standard

Proposed

Complies

Part 2 – Permitted or Prohibited Development

R3 Medium Density Residential Zone.

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

Yes

 2.1

Objectives

Objectives of the Zone R3 Medium Density Residential

The proposal is consistent with zone objectives for the reasons detailed within this report. The proposal generally complies with the applicable controls with variations sought are supported on planning merit.

Yes

4.3 – Height of Buildings

12m as identified on Height of Building Map

The proposal seeks a maximum height of building of 12.72m. The habitable area of the development is within the height limit however, the top of the lift overrun roof exceeds the height control by +720mm (6% variation maximum).

No (1)

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

Site area = 1,769.9sqm

Total GFA = 1,772.80sqm (max)

Proposed: 0.999:1 (1,772.53sqm)

Council’s calculation has included all floor areas on levels G, 1 and 2 and cleaners’ room within basement level (3.18sqm).

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

The FSR has been calculated in accordance with this clause.

Yes

5.10 – Heritage Conservation

The objectives of

this clause are:

(i) to conserve the environmental heritage of Hurstville,

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

The site not identified as a heritage item or within a heritage conservation area or within the vicinity of such criterion. An interim heritage order does not apply to the site or any directly adjoining properties.

Yes

6.2 Earthworks

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

The proposed earthworks are considered acceptable having regard to the provisions of this clause. The works are unlikely to have any unreasonable impacts on environmental functions and processes or neighbouring properties for an area which is undergoing urban transition.

The extent of fill sought to accommodate the finished floor levels is not considered to be unreasonable given the cross slope of the site and that the building has been designed to be stepped internally to relate the existing ground levels.

 

A condition is to be imposed for the requirement of a dilapidation report prepared for the immediately adjoining properties.

Yes

 

Clause 4.6 Exceptions to Development Standards – Height of Building

86.      The Hurstville LEP 2012 prescribes a maximum building height of 12m for this site and for the immediate surrounding area. The proposed development seeks a variation to the development standard relating to Clause 4.3 Height of Building.

 

87.      The original proposed design sought a maximum height of 13.17m for the lift overrun (RL56.6). The applicant provided amended plans which sought minor changes to reduce the height of the lift overrun which results in a maximum height of building of 12.72m (RL 56.15). The lowest part of the encroachment is +415mm being a variation of 3.4%.

 

88.      A variation to the height control can be considered under Clause 4.6 – Exceptions to Development Standards of the HLEP. The non-compliance results in a variation of 6% (lift overrun). The non-compliance is considered to be acceptable in this case as the impacts are considered negligible and the extent of the variation relates to lift overruns and communal areas which is not inconsistent with other recent approvals. A detailed discussion regarding justification of the non-compliance in respect to Clause 4.6 is provided further below.

 

Figure 13 - Extract of Elevations indicative height of building breach (Source: Cornerstone Design, 2021).

 

89.      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 the Hurstville Local Environmental Plan 2012 (LEP). The relevant criterion has been extracted to justify the reasons to support the variation. This request for a variation is assessed as follows:

 

Is the planning control in question a development standard?

90.      Height of Buildings limitation under Clause 4.3 of the HLEP 2012 is a development standard.

 

What are the underlying objectives of the development standard?

91.      The objectives of Height of Buildings standard under Clause 4.3 of HLEP 2012 are:

 

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

(a)  to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

(c)   to minimise the adverse impact of development on heritage items,

(d)    to nominate heights that will provide a transition in built form and land use intensity,

(e)  to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre,

(f)   to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation,

(g)  to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain”.

 

92.      The applicant has provided the following justification regarding the development’s consistency with the above objectives as detailed within this report.

 

93.      Applicant’s Comments: The proposed development achieves the objectives of the standard notwithstanding non-compliance with the height of buildings control because (extracts from the applicant below).

 

94.      “Objective (a) seeks to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality. The proposal is compliant in height along the Lawrence Street frontage consistent with the height and scale of both current and emerging development. Due to the minor non-compliance being limited to the centrally located lift overrun, the development is generally indistinguishable from a fully compliant scheme when viewed from the neighbouring properties and adjoining street frontage. As such, it cannot be said that the proposal by virtue of the minor height”.

 

95.      “Objective (b) seeks to minimise the visual impact, disruption of views, loss of privacy and loss of solar access to existing development and the adjoining public domain from buildings. The proposal has been designed to minimise loss of privacy and is of a contemporary aesthetic that will not give rise to visual impact. The area of the building that exceeds the height (lift overrun) has been centrally located within the rooftop floor plate whereby complaint buildings heights are achieved for the remainder of the building. Furthermore, the non-compliant aspect of the building will not in itself create any amenity related impacts to neighbouring properties as a result of its centralised location and the extent of spatial separation offered to any neighbouring structures both current and envisaged exceedance is incompatible with the desired future character of the surrounding properties”.

 

96.      The applicant provided the following shadow diagrams indicating the extent of the impact.

 

 

 

Figure 14 – Extract of Winter Solstice diagrams with extent of overshadowing of elements above 12m indicating in red of which fall onto the roof of the proposal (Source: Cornerstone Designs, 2021).

 

97.      Officer Comment: The applicant’s justification is supported. The extent of the height variation relates to the minor element of the lift overrun on the rooftop level of the communal open space which is centrally sited within the building footprint. The proposed extent of the variation does not comprise floor space or an area which could be readily converted to floor space as this forms part of the lift core for vertical circulation.

 

98.      The lift overrun element above the height of the building results in minimal additional impacts on overshadowing or visual bulk, when compared to that of a numerically compliant building, the additional shadowing will fall onto the communal roof top open space and not impacting other developments given the topography of the land and solar orientation of the site which is orientated north (front) to south (rear) and does not adjoin residential to the rear. It is noted that the visual impact generated by the proposed variation in height is considered to be negligible when viewed from Forest Road. This is due to the sitting of the lift overrun which is located centrally within the proposed building which would not appear dissimilar to other residential flat buildings within the Peakhurst area.

 

99.      Given the above, the proposed variation is considered to be consistent with the objectives of Clause 4.3 and is acceptable despite the numerical non-compliance.

 

What are the underlying objectives of the zone?

100.    The objectives of the R3 Medium Density Residential 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.

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

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

 

101.    Officer Comment: The applicant’s justification is considered to be reasonable and sound given the underlying zone objectives and height objectives of the Development Standard in relation to the extent of the variation. The modification is considered to positively contribute to the broadening of the variety of housing types within the Medium Density Residential zone.

 

102.    The objectives for Clause 4.3 Height of Buildings development standard state the following:

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

 

(a)      to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b)     to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

(c)      to minimise the adverse impact of development on heritage items,

(d)    to nominate heights that will provide a transition in built form and land use intensity,

(e)    to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre,

(f)     to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation,

(g)    to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain”.

 

103.    The applicant has provided the following justification as per the submitted Clause 4.6 Exception to Development Standard whereby “In this regard, there is a clear lack of adverse amenity impacts arising from the proposal as the height variation to the standard will not result in adverse overshadowing or privacy impacts on adjoining properties”.

 

104.    Officer Comment: The variation in height is to a maximum point of 12.72m (RL56.15) equating to 6% variation. The applicant’s justification is considered to be reasonable. The extent of the variation from an amenity perspective is minor, inconsequential and of minimal impact. Further consideration has been applied to the variation having regard to the principles established under the ‘Five Part Test’ established by the NSW Land and Environment Court. Councils may choose to not only use the principles of Clause 4.6 and SEPP1 but also this five part test.

 

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

 

106.    Officer comment: The applicant’s justification is sound given that the underlying objectives have been satisfied which has been demonstrated further with shadow diagrams indicating the extent of impacts regarding solar access.

 

107.    Applicant’s comment: The habitable floor areas of the building are located within the 12m height limit. In this regard, there is no tangible nexus between the height non-compliance and overall land use intensity of the land. The non-compliance relates to a small component of the building on the roof level being the lift overrun which serves to facilitate access to a secondary communal open space on the roof of the building serving as a positive outcome for future resident amenity;

 

108.    The lift overrun while marginally in breach of the prescribed height, enables access to a rooftop communal open space which facilitates the orderly and economic use of the land;

•      The height variation occurs as a result of the need to provide accessible and usable access to the rooftop communal area, noting that the remainder of the building remains under the height control;

•      The area of non-compliance with the height will not intensify the extent of impacts to neighbouring properties in terms of privacy or overshadowing”

 

109.    Officer comment: The proposal is considered to be satisfactory which results in a built form which is generally consistent with the maximum height within the zone. The extent of the variation is centrally located on site and is stepped into the remaining built form which follows the sloping topography of the site from (rear) high to front (low).

 

110.    The development standard has not been abandoned or destroyed; however, flexibility has been applied with the granting of variations to height for non-residential floor space where it has been demonstrated the breach does not undermine the objectives of the clause and/or the zone. In this regard it is considered flexibility can be granted and support of the lift overrun as compliance with the standard is unnecessary and unreasonable in this instance

 

111.    Officer comment: The extent of the minor variation is considered to be similar to that of other approved residential flat buildings with communal rooftop open space structures within the locality. The height breach related to the upper element of the lift overrun, will not be readily discernible form the public domain. The applicant’s justification is considered to be reasonable and sound given that the variation to the height of building satisfies the objectives of the development standard and is of a negligible impact not resulting in an unreasonable outcome for a residential flat building on a sloping site.

 

112.    Is the variation to the development standard consistent with Clause 4.6 of the HLEP 2012?

 

Clause 4.6(1)

113.    The objectives of this clause are as follows:

 

·      to provide an appropriate degree of flexibility in applying certain development standards to particular development,

·      to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

114.    Comment: Flexibility in applying the standard is appropriate and the requisite levels of satisfaction permitted by the controls have been achieved in this case.  The variation is to provide access and amenity for the communal rooftop only.

 

Clause 4.6(2)

115.    “Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.”

 

116.    Comment: Clause 4.3 Height of Buildings is not excluded from the operation of Clause 4.6.

 

Clause 4.6(3)

117.    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:

 

118.    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.

 

119.    Comment: The applicant has provided a written variation request prepared by BMA Urban.

 

Clause 4.6(4):

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

 

121.    The consent authority is satisfied that:

 

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

 

123.    Comment: The written request adequately addresses the matters in subclause (3). Strict compliance with the standard is unreasonable and unnecessary because the development remains consistent with the objectives of the R3 zone and height of building standard as described above. It is considered that reasonable and sufficient environmental planning grounds have been provided to justify contravening the standard given that the non-compliance provides for an improved amenity outcome while resulting in no adverse environmental impacts. The proposed development will be in the public interest because it is consistent with the objectives of the height of building development standard and the objectives for development within the zone in which the development is proposed to be carried out.

 

124.    Comment: For the reasons detailed above, the proposed extent of the variation to the height of building development standard is consistent with the objectives of Clause 4.3 Height of Buildings and the R3 Medium Density Residential zone.

 

125.    The concurrence of the Director-General has been obtained.

 

 

Conclusion – Assessment of Clause 4.6 Request for Variation

126.    The variation is considered minor in extent being 12.72m (+720mm) above the 12m height of building control in relation to the overall built form of the residential flat building.

 

127.    In a recent Court decision Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ further clarified the correct approach in the consideration of clause 4.6 requests. This advice further confirms that clause 4.6 does not require that a development that contravenes a development standard must have a neutral or better environmental planning outcome than one that does not. This is considered to be the case in this instance given the additional height sought and minimal impact generated.

 

128.    As held in Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 at [39], Preston CJ confirmed (at[25]) that the test in 4.6 (4)(a)(i) does not require the consent authority to directly form the opinion of satisfaction regarding the matters specified. Rather, it needs to do so only indirectly in forming its opinion of satisfaction that the applicant’s written request has adequately addressed the matters required to be demonstrated.

 

·     The majority of the building (including all habitable residential levels) are below the maximum building height of 12m.

·     The proposed area of communal open space, the stairs and lift that provides access to this area could be removed and the building will then be fully compliant with the height control however, the provision of a communal roof top area is a common facility on most contemporary RFB’s and encouraged by the ADG as it utilises this area and makes it a physically functional space especially if it is well designed. Its inclusion in the overall design of the proposal is considered to be beneficial for providing amenity for occupants on site.

·     The areas of non-compliance pertain to a small section of the lift overrun and the 720mm which is centrally located within the common rooftop area. The difference relates to also to the sloping topography of the site which slopes from rear (high) to front (low).

·     The proposed area of non-compliance satisfies the objectives of the development standard (Height Control) in particular,

“(b)   to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes”.

The upper part of the lift overrun structure will not be overbearingly visible from the public domain and will not adversely affect any areas of public open space or residential neighbouring properties. In respect to overlooking, the separation distance from the structures exceeds the minimum requirements of the ADG and as these structures are non-habitable they will not be intensively utilised as they are only for access and circulation.

·     In terms of overshadowing the additional height will cast a small shadow that would be contained within the building footprint so it would not affect any immediately adjoining properties. The overshadowing created by the development complies with the minimum requirements stipulated by the HDCP and the ADG which is reasonable.

·     The provision of the roof top terrace and associated structures will not establish an undesirable precedent and its use and functionality is more beneficial in achieving high quality design, amenity and planning outcomes and will not adversely affect the amenity of the immediately adjoining properties and the general locality which is similar to that of recent residential flat buildings within the locality.

 

129.    For the reasons above, the Clause 4.6 Variation is supported, and strict compliance with the control is not considered to be unreasonable or unnecessary in this case.

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

Draft Georges River Local Environmental Plan 2020

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

 

131.    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.”  

 

132.    The proposal is not considered to be inconsistent with the provisions of this Draft Instrument.

 

Draft Environment State Environmental Planning Policy

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

 

134.    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.

 

135.    The proposal is not considered to be inconsistent with the provisions of this Draft Instrument.

 

Draft Remediation of Land State Environmental Planning Policy

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

 

137.    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.

 

138.    Whilst the proposed State Environmental Planning Policy will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land. The Draft State Environmental Planning Policy will not alter or affect the findings in relation to contamination at the site.

 

139.    The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regard to site contamination. The preliminary phase 1 site investigation report submitted did not identify any potential issues with contamination.

 

Draft Design and Place SEPP

140.    The proposal has been considered with the Draft Design and Place SEPP Explanation of Intended Effect.

 

Development Control Plans 

Hurstville Development Control Plan No.1

141.    The proposed development is subject to the provisions of the Hurstville Development Control Plan No. 1. The following comments are made with respect to the proposal considering the objectives and controls contained within the Development Control Plans.

 

Section 3.0 General Planning Consideration

Section 3.1 Vehicular Access and Parking and Manoeuvring

Section 3.1

Requirements

Proposal

Complies

General

 

 

 

Layout, Circulation, Access and Egress

DS1.5

Refer to AS 2890.1 2004 and AS2890.2 Part 2 for the design and layout of parking facilities.

 

The proposal meets Australian Standards.

 

Yes

 

DS1.6

Council does not encourage, but may consider stacked parking for parking spaces in a controlled parking situation which:

a. allows no more than two cars in the stacked parking arrangement;

b. is likely to maintain a very low turnover; or

c. is able to function easily within the management of the site’s future operation.

 

No stacked car parking arrangement proposed as all car parking spaces proposed are a single car configuration.

 

Yes

 

Stencilling of Street and Driveways

DS1.7

All driveways in Hurstville are to be finished in plain concrete.

 

Driveway to be plain concrete.

 

Yes

 

DS1.8

In streets which have brick paved surfaces, driveways are constructed to Council’s Engineering Specification including a concrete base with matching brick paving surface.

 

Surrounding area generally comprises concrete along Lawrence Street.

 

Yes

Ramps. Transitions and Driveways

DS1.9

Alignment levels for all points of vehicular access must be obtained prior to submission of a development application. These levels will be made available by Council’s Engineering Department following the payment of the appropriate fee.

Note: Ramp grades are to be designed in accordance with AS/NZS 2890.2 2004 Part 2.

 

The proposal is supported by Councils traffic section whereby no objections were received.

 

Yes

 

DS1.10

The AS/NZS 2890.1 2004 Ground Clearance Template is to be used as follows:

a. prepare a longitudinal section of the grade change or irregularity to natural scale, and to the same scale as the template – scale to be 1:20

 

Proposal complies with the Australian Standards.

 

Yes

Underground/Basement Parking Areas

DS1.11 D

Underground parking areas are to be concentrated under building footprints so as to maximise deep soil landscaping.

 

 

The proposed basement is concentrated largely below the residential levels above which maximise deep soil and landscape areas.

 

Yes

 

DS1.12 S

Driveways to underground car parks are to be designed so as to minimise the visual impact on the street, and to maximise pedestrian safety. Pedestrian access to the development should be separate and clearly defined.

 

Driveway located to the north-west front corner of the Lawrence Street frontage.

 

Yes

 

DS1.13 S

Access ways to underground car parking areas is to be located away from doors and windows to habitable rooms wherever possible.

 

Appropriate locations proposed which are located away from habitable spaces.

 

Yes

 

DS1.14

Basement car parking is preferable in commercial and residential flat buildings.

 

The basement car parking is located for the most part below the footprint of the residential flat building footprint above.

 

Yes

 

DS1.15

All underground parking areas are to have security doors. Where mechanical ventilation is proposed the motor room and exhaust shafts are to be shown on the development application plans.

 

Security doors proposed at the basement entry and this area is to be mechanically ventilated. Conditioned to comply with BCA.

 

Yes

Parking for People with a Disability

DS1.16

Parking complies with AS 1428 Design for access and mobility and AS/NZS 2890.6.

 

Proposal complies with Australian Standards.

 

Yes

 

DS1.17

The provision of parking areas for drivers with a disability is an important consideration in any development. Council encourages the provision of parking for those with a disability beyond the minimum requirements of the Australian Standards.

 

Three (3) accessible spaces have been provided.

 

Yes

Car Washing Area

DS1.19

A designated car washing area (which may also be a designated visitor car space) is required for service stations and residential developments of four or more dwellings.

 

One (1) car wash bay provided within visitor space No.5 within the basement level.

 

Yes

 

DS1.20

Car wash bays which collect waste water must be covered and discharge the water to the sewer in accordance with the requirements of Sydney Water.

 

Standard conditions regarding car wash bays imposed.

 

Yes

Environmental Design

DS2.1

Proposals for parking areas are to be accompanied by a landscape plan, prepared by a qualified landscape architect or designer, illustrating means to soften the visual impact of parked cars and any associated structures, as per these landscaping controls.

 

Basement car parking provided.

 

Council’s Consulting arborist has supported the proposal.

 

Yes

 

DS2.2

Significant environmental features within the land such as rock outcrops, benches and trees are to be retained as a landscaped feature of the parking area.

 

Trees conditioned to be retained.

 

Yes

 

DS2.3

Council considers that landscaping needs to be included in every car parking design, within and on the perimeters of the car parking area. Accordingly, the following is required:

a. planting beds fronting a street or public place are to have a minimum width of 1 metre

b. shade trees are to be provided in open parking areas at the ratio of 1 shade tree for every 6 spaces

c. plants to avoid are those which have a short life, drop branches, gum or fruit or those which interfere with underground pipes

 

The landscaping proposed is supported by Council’s Consulting arborist and relevant conditions imposed.

 

Yes

 

DS2.4

Parking areas are to incorporate a 150mm concrete kerb or edge treatment to reduce the likelihood of vehicles damaging adjoining landscaped areas. The use of bollards should also be considered.

 

All car parking areas are located within the basement which does not directly adjoin any landscaped area.

It is noted the basement ramp is separated from the adjoining allotment by a landscaping strip and a barrier that will prevent vehicles driving over this planter bed in this location.

 

N/A

Drainage

DS2.5

All parking areas are to have adequate drainage for runoff and seepage. Council requires that minimum gradients be provided in car parks.

 

Adequate drainage provided; the design has been supported by Council’s Development Engineer.

 

Yes

 

DS2.6

A detention tank or pipe with reduced outlet should be offered, preferably integrated with a pollution trap. Parking areas may provide for temporary detention of water to a maximum depth of 150mm to reduce the velocity of stormwater run-off. Such parking areas are to be designed to provide pollution traps around the perimeter so as to reduce the impact of pollutants on the water quality of downstream watercourses. See Council’s Drainage Code for further information.

 

On site detention located within the basement. Council’s Development Engineer supports the proposal subject to appropriate conditions.

 

Yes

Streetscape

DS2.7

Proposals for multi-level car parking areas are to provide a facade at the street frontage which is consistent with the streetscape and character of adjacent development.

 

Single level of basement car parking proposed.

 

Yes

 

DS2.8

If a proposed parking area adjoins a residential property Council requires fencing and/or mounding to be included in the landscaping proposal to protect the privacy of the residential property and reduce noise.

 

Acceptable landscaping proposed.

 

Yes

Safer By Design

 

DS3.1

On-site parking spaces are to be located in areas visible from nearby habitable windows, entrances, public spaces etc.

 

 

The onsite car parking layout is considered to be appropriately located and designed in relation to access points which proposes a logical layout with clear sightlines within the basement the lift core and access stairs.

 

Yes

 

DS3.2

On-site driveways are to provide an unobstructed view of passing pedestrians and vehicles.

 

Good sight lines provided to the street and immediate surrounding area.

 

Yes

Safety

DS3.3

Sloping ramps from car parks, garages and other communal areas are to have at least one full car length of level driveway before they intersect pavements and carriageways.

 

Compliant car parking.

 

Yes

Security

DS3.7

The intensity of lighting in the entranceway to covered or underground car parks is to be graded from the most bright (at the entrance proper), to minimum levels of accepted illumination (away from entrances), to allow for the gradual adjustment of driver/pedestrian “light” vision.

 

This has been conditioned and contained within the ongoing use section of the conditions list.

 

Yes

 

Pedestrians and Car Park Layouts

DS3.8

To help minimise the likelihood of conflict when sites have both pedestrian and vehicular access, the following is required:

a. parking areas are to be designed so that through traffic is either excluded or appropriately managed

b. pedestrian entrances/exits are to be separated from the vehicular entrances/exits (parking spaces must not obstruct required exit doors)

c. developments generating a significant amount of pedestrian movement throughout the car park (such as shopping centres or office parks) are to establish clear and convenient pedestrian routes. These routes should minimise the number of points which cross vehicle paths and be appropriately marked to heighten driver awareness (e.g. painting, use of contrasting materials, lighting and/or signage).

 

The car parking design and pedestrian layout have been appropriately designed.

 

Yes

 

Section 3.3 Access and Mobility

Section 3.3

Requirements

Proposal

Complies

Residential Flat Buildings including conversion of industrial buildings and shop top residential developments.

In developments containing five or more dwellings, a minimum of one adaptable dwelling, designed in accordance with relevant Australian Standards must be provided for every ten dwellings or part thereof.

 

 

 

 

 

 

 

Three accessible units required as twenty-one (21) units are proposed.

 

Access for all persons through the principal entrance and access to any common laundry, kitchen, sanitary or other common facilities in accordance with relevant Australian Standards.

 

One accessible parking space for every adaptable dwelling designed in accordance with Australian Standards.

 

Three (3) accessible spaces required.

Two (2) adaptable units proposed being 1.06 and 2.06). Unit G.06 is conditioned to be adaptable. In total this results in three (3) adaptable units which complies. It was discussed with Council’s Senior Building Surveyor that suitable adaptable access could be achieved by a performance solution.

 

 

Adequate access provided.

 

 

Three (3) accessible spaces being (G.06, 1.06 and 2.06) provided within the basement level.

Yes

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

Section 3.4 Crime Prevention Through Environmental Design

142.    The proposal is considered to satisfy the intent of this subsection by providing passive natural surveillance to and from the street by way of window and balcony locations and outlook. The ground floor units are located above natural ground level providing clear sight lines to and from the street. The proposed vegetation is appropriate in species choice and their maturity height to allow for casual surveillance opportunities. The proposed design and layout does not result in any adverse impacts given the sitting of the communal open space on the ground floor at the rear and communal open space on the roof top. The proposal results in an acceptable built form in relation to crime prevention through environmental design principles.

 

Section 3.5 Landscaping

143.    The proposal provides acceptable landscaping in accordance with the requirements of this subsection with suitable tree replacement and soft landscaped areas within the setback to improve the site. The proposal is supported by Council’s consulting arborist who has assessed the landscaping and tree impacts of the proposal.

 

Section 3.7 Stormwater

144.    The proposal seeks to drain to the street with on-site detention proposed within the basement. Council’s Development Engineer has reviewed the proposal and supports the proposal subject to conditions of consent. Council’s Development Engineer has commented that there should be no load applied from the tank structure on the sewer pipe and the tank footprint should be outside the sewer easement. Such requirements are considered as part of the Section 73 Certificate and Sydney Water Tap in requirements prior to the issue of the Construction Certificate.

 

Section 4 Specific Controls for Residential Development

Control

Provision

Proposal

Complies

GENERAL CONTROLS

PC1 Neighbouring Character

DS1.1.

The development application is supported by a Statement of Environmental Effects that:

a. includes a satisfactory neighbourhood and site description, including the identification of the key features of the neighbourhood and site.

 

b. shows how the siting and design response derives from and responds to the key features identified in the neighbourhood and site description.

 

c. demonstrates that the residential development proposal respects the existing or desired neighbourhood character and satisfies objectives of the zone in the LEP.

 

Statement of Environmental Effects includes satisfactory neighbourhood and site description and context.

 

 

 

 

The proposal has provided an analysis of the surrounding area.

 

 

 

 

Detailed within the SEE.

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

PC2 Site Frontage

DS2.1.

The minimum street frontage is 24m

 

Note: minimum street frontage may be reduced where development is proposed on an isolated site.

 

45.17m along the frontage to Lawrence Street, Peakhurst.

 

Yes

 

 

 

 

PC3 Isolated Sites

DS3.1.

Where a site is isolated (refer Figure 3 and Figure 4), Council will consider on merit an application for a Residential Flat Building which does not meet the minimum street frontage requirement contained in this DCP

 

The site is not an isolated as site.

 

 

 

 

Yes

PC4 Building Height

DS4.1.

The maximum building height is in accordance with the Hurstville LEP 2012 and 3 storeys.

 

The proposal seeks a variation to this clause by proposing a part 3 and part 4 storey building. It is also noted that the upper level does not comprise any residential floor space but rather sheltered enclosed access from the lift and access stairs to the rooftop communal open space.

 

No (2)

(2) Number of storeys

The four-storey element is centrally located on site and complies with the height of building as this has been excavated into the natural ground level. The four-storey element is for an enclosed foyer adjoining the roof top communal open space. This does not result in any adverse bulk and scale or overshadowing impacts.

PC5 Excavation

DS5.1.

The natural ground level is not excavated more than 0.5m for the finished ground floor level.

 

The proposal results in excavation from above 500mm.

 

No (3)

(3) Excavation

As the site contains a cross fall. The building has been stepped with half levels however to result functional floor levels the proposal result in variation to the excavation from above 500mm – 1000mm to accommodate the ground floor level. This occurs for excavation along the eastern side elevation (Unit G.06) up to 1000mm and along the western side elevation (Unit G.03) up to 877mm.

 

Figure 15 – Inset extract of extent of excavation for proposed unit G.06 (Source: Cornerstone Design, 2021).

 

Figure 16 – Inset extract of extent of excavation proposed for Unit G.03 (Source: Cornerstone Design, 2021).

 

The extent of the variation is considered to be reasonable due to the sloping topography of the site. This does not result in any unreasonable amenity or outlook impacts generated by this variation.

PC6 Setbacks

DS6.1.

The minimum setback to a primary or secondary street is 6m.

Note: Setbacks to the side and rear boundary and building separations are to be provided in accordance with the design criteria in the Visual Privacy section of the Apartment Design Guide (ADG).

 

DS6.2.

An articulation zone allowing for lightweight elements such as eaves, sun-hoods, blade walls, battens and the like may intrude up to 1m within a road boundary setback for a maximum of 25% of the horizontal distance of the total facade.

 

6.02m to solid wall.

 

 

 

 

 

 

 

 

 

 

 

 

Articulation zone exceeds 1m for balconies and modulation formwork (5.01m) min setback.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

PC7 Vehicle Access, Parking and Manoeuvring

DS7.1.

Car parking is provided on site in accordance with the following rates:

 

a. 1 resident space for every studio, 1 or 2 bedroom dwelling

developments of 4 dwellings or more, one visitor space per 4 dwellings or part thereof

 

 

 

 

 

Twenty-seven (27) car parking spaces provided on site in the form of twenty-one (21) residential spaces and six (6) visitor spaces which are all located within the basement.

 

 

 

 

 

Yes

PC8 Landscape Open Space

DS8.1.

The minimum amount of landscaped open space is 20% of the site area.

 

 

 

 

 

 

DS8.2.

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

 

DS8.3.

Landscaping between the front of buildings and the street boundary achieves a balance between reducing the visual impact of building when viewed from the street and facilitating passive casual surveillance of the street.

 

DS8.4.

A development application is to be supported by a landscape plan prepared by a qualified person addressing the performance criteria and design solutions and in particular addressing areas of communal open space and areas that are visible from the street.

 

More than 20% landscaped area provided within the front, rear and side setbacks which are adequately embellished with landscaping.

 

 

2m minimum dimension provided within landscape calculation.

 

Appropriate landscaping provided in accordance with this Clause with a mixture of trees, planting and lawn areas incorporated within the design.

 

 

A landscape plan has been prepared by a Landscape Architect with good levels of planting proposed within the ground floor communal area, rooftop communal area and within the primary and secondary front setbacks.

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

PC9 Solar Access

DS9.1.

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

Note 1: development applications are to be supported by shadow diagrams demonstrating compliance with this design solution.

Note 2: Exemptions will be considered for developments that comply with all other requirements but are located on sites with an east-west orientation.

 

3 hours solar access achieved to neighbouring properties which is assisted by the orientation of the site (being north to south) and compliant side setbacks proposed.

 

Yes

 

 

 

PC10 Noise

DS10.1.

Windows of adjacent dwellings are separated by a distance of at least 3m

Note: this can be achieved by an offset.

 

DS10.2.

Site layout separates active recreation areas, parking areas, vehicle access-ways and service equipment areas from bedroom areas.

 

DS10.3.

Dwellings are designed so that the internal noise level from outside sources does not exceed the parameters established by the NSW Environment Protection Authority (EPA).

 

DS10.4.

Habitable rooms located within 60m of a railway or facing a classified major road satisfy the acoustic criteria contained within the NSW Government’s Development Near Rail Corridors and Busy Roads – Interim Guideline (2008), or the most recent version

 

DS10.5.

Where development is likely to be subject to noise from a railway line, arterial or state road or Sydney airport flight path, council may require the submission of a report prepared by a qualified acoustic engineer to demonstrate that internal noise levels will be acceptable.

 

Proposed windows are separated by more than 3m.

 

 

 

 

Car parking layout and driveway are reasonably positioned to minimise impacts to bedrooms.

 

 

An acoustic report was submitted with the development application which meets these requirements.

 

 

 

The site adjoins a recreation area that interfaces with Forest Road at the rear (south). Acoustic report provided which is supported by Council’s Heath Officer.

 

 

The site is not within close proximity to a railway line, arterial or state road or Sydney Airport flight path.

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

PC11 Streetscape

DS11.1.

Development on corner sites addresses both street frontages and provides opportunities for passive casual surveillance of the public domain from main living areas and principal private open space through the use of large transparent windows and other openings.

 

Note: Large expanses of blank, unarticulated walls on any street frontage is not supported.

 

 

 

 

 

 

 

 

 

DS11.2.

In more urban streetscapes, development emphasises corners by increased scale or massing treatments compared to the remainder of the building.

Note: compliance with maximum building height under the LEP must be achieved in these situations.

 

DS11.3.

Roofs:

a. have a pitch of up to 350, or up to 450 where an attic is involved

b. provide a varied shape with hips, gables or other forms

c. mark the entrance to a building by the use of a porch, portico or similar element.

 

DS11.5.

To reduce the appearance of building bulk and provide visual interest through articulation, maximum wall length in one plane is 6m at the street frontage

Note: Lengths greater than this may be acceptable where the elevation incorporates visually significant changes in massing and form and the use of articulation such as recesses, projections, balconies, blade walls and similar

The proposal is considered to appropriately address Lawrence Street.

 

 

 

 

 

 

 

 

All walls are appropriately modulated, articulated and detailed with contemporary design elements which are compatible the streetscape character of Lawrence Street.

 

The proposal has adopted a built form which reinforces the corner adopting a 3 - 4 storey element along Lawrence Street. The proposal complies with the 12m height of building limit except for the upper part of the lift overrun only.

 

 

The proposal seeks a flat contemporary roof design with design treatment to mark the entrance of the building from Lawrence Street.

 

 

 

 

 

 

 

Unrelieved wall lengths do not exceed 6m as the proposal incorporates modulation and recesses to break up the visual bulk using contemporary architectural cues.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

PC12 Stormwater

DS12.1.

Stormwater management is in accordance with section 3.7 of this DCP

The proposal seeks to drain to Council’s existing infrastructure in Lawrence Street and is supported by Council’s development engineer subject to conditions of consent.

Yes

PC13 Front Fencing

DS13.1.

Fencing is in accordance with Appendix 2 – Fences Adjacent to Public Roads

No front fences adjoining public roads are proposed as part of this application.

N/A

PC14 Site facilities

DS14.1.

Electricity and telephone lines are provided underground unless there is the connection of electricity and telephone lines directly from the service pole to the fascia of the front dwelling.

 

DS14.2.

Mail and garbage collection areas are integrated into the overall design of the development.

 

 

 

 

 

 

 

DS14.3.

Development provides space for the storage of recyclable goods, either in the curtilage of each dwelling or in a central storage area in larger developments.

DS14.4.

 

A master TV antenna is provided for any development of more than two dwellings.

 

DS14.5.

Storage is provided in accordance with the design criteria of the ADG.

Note: Storage in a basement means all non-habitable, secure (i.e. lockable) space located in a basement or similar underground part of a building or structure that is used solely for the purposes of domestic storage. The extent of the area is measured from the boundaries of its enclosure to the top of the building or structural slab above.

 

DS14.6.

Communal outdoor clothes drying facilities must be visually screened from the street.

Services to be provided in accordance with utility provider requirements.

 

 

 

 

 

 

Mail collection is located along the Lawrence Street frontage and is well integrated with the development. Waste collection and storage located within basement level.

 

 

Storage areas located within the basement and suitable storage within each unit.

 

 

 

 

Can be provided.

 

 

 

 

 

Storage areas provided within basement in the form of designated storage areas which are directly accessible from each parking space.

 

 

 

 

 

 

 

 

 

 

 

No communal outdoor clothes drying facilities proposed however some ground floor units have clothes lines within the private courtyards.

Yes

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

Appendix 1- Waste Management

145.    Council’s controls require one 240L red lid garbage bin (waste) shared between four units and one 240L yellow lid garbage bin (recycling) to be shared between three units. As twenty one (21) units are proposed, a total of five waste and seven recycling bins are required totalling thirteen (13) bins. The proposed waste storage room has a capacity to hold eighteen (18) bins which is considered to be adequate. Further that is it noted that there is no DCP requirement for the provision of a bulky goods storage area.

 

Interim Policy Georges River Development Control Plan 2020

146.    The proposed development is subject to the provisions of the Interim Policy Georges River Development Control Plan 2020. Only the applicable aspects have been assessed with respect to the Interim Development Control Plan. All other aspects have been thoroughly assessed under Hurstville Development Control Plan No.1. The aim of an Interim Policy is to set a consistent approach for the assessment of residential development within the Georges River Local Government Area, until such a time as a comprehensive DCP is prepared and implemented. Comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

 

Control

Standard

Proposed

Complies

Site frontage

24m Hurstville

 

45.71m along the frontage of Lawrence Street, Peakhurst.

 

Yes

Height

The relevant LEP controls relating to maximum height will prevail over DCP controls relating to height in storeys

A revised exception to Development Standard has been provided for consideration.

Yes

Private Open Space

ADG (SEPP 65) controls prevail over the DCP

Compliance achieved with ADG as addressed earlier within this report.

Yes

Communal Open Space

ADG (SEPP 65) controls prevail over the DCP

Compliance achieved with ADG as addressed earlier within this report.

Yes

Parking

Located outside of 800m of a Railway Station, the relevant DCP applies

Compliance achieved with HDCP car parking rate as addressed earlier within this report.

Yes

Solar Access

ADG (SEPP 65) controls prevail over the DCP

Compliance achieved with ADG.

Yes

 

147.    The proposal is not considered to be inconsistent with the Interim DCP 2020.

 

Draft Georges River Development Control Plan 2020

148.    The Draft Georges River Development Control Plan 2020 does not come into effect until the Georges River Local Environmental Plan 2020 is certain or imminent.

 

DEVELOPER CONTRIBUTIONS

149.    A residential flat building requires payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. The proposal is recommended for approval as a result contributions have been levied at $251,409.17.  This has credited the three (3) existing allotments and proposed twenty-one (21) units.

 

IMPACTS

Natural Environment

150.    The proposal provides adequate landscaping and deep soil areas to facilitate meaningful landscaping embellishment of the site. The site drains to the street and results in adequate stormwater disposal.

 

Built Environment

151.    The proposed development results in a built form which is generally compatible with the established character of the streetscape and immediate surrounding context. The proposal generally complies with the built form controls with the exception of the height of building for the lift overrun element only of which is supported on planning merit as previously addressed within the report. The variation to the southern rear setback is of minor impact, in relation to visual privacy, solar access and does not result in any material adverse amenity impact.

 

Social Impact

152.    The proposed development has no apparent adverse social impacts given the residential nature of the proposal. The proposal seeks to provide two common open spaces areas; one is located at the rear (south) on the ground level and the other on the rooftop. Further the front setback contains chairs near the entry which encourages opportunities for social interaction for residents and visitors. A condition of consent has been added controlling the hours of use of the Communal rooftop area whereby the communal rooftop area is may only operate between 8.00am – 10.00pm with a maximum number of users at any one time not to exceed  ten (10) persons to minimise amenity impacts on site and to adjoining properties.

 

Economic Impact

153.    The proposed development will have no apparent adverse economic impact given the residential nature of the proposal. The proposal will result in additional housing stock within the area.

 

Suitability of the Site

154.    The proposed development is of an appropriate scale and form for the subject site and for the most part generally complies with the applicable controls. The variations to proposal have been considered and are supported for the reasons assessed within this report.

 

SUBMISSIONS AND THE PUBLIC INTEREST

155.    The application was notified to adjoining owners and occupiers in accordance with Council’s requirements. The amended proposal did not require re-notification given the minor changes sought which did not result in an increase in building height or reduction of setbacks than originally proposed. In response, two (2) submissions were received which raised the following issues:

 

Bulk, scale, density and overpopulation

156.    Comment: Concerns were raised in relation to bulk, scale and density impacts to the area.  The site and immediately surrounding area is zoned R3 Medium Density Residential of which residential flat buildings form a permissible use. The proposal as assessed results in a built form which for the most part complies with the applicable planning controls. Where variations have been sought, these have been supported on planning merit.

 

Car parking impacts on narrow streets

157.    Comment: The proposal complies with all car parking requirements with all car parking and visitor parking to be provided on site. It is noted that an additional condition of consent is imposed to ensure that that an accessible space is provided for unit G.06. Notwithstanding, the proposal is supported by Council’s Senior Traffic Engineer. In this regard, the proposal is not considered to result in any unreasonable car parking impact.

 

Affordable housing units within the area are not attractive.

158.    Comment: The proposal is for a residential flat building and does not contain an affordable rental housing component.

 

Increase in crime and theft

159.    Comment: The proposal is for a residential flat building which satisfies crime prevention through environmental design principles. The design incorporates opportunities for natural passive surveillance to, from and within the site to positively contribute to safety. The proposal seeks development consent for the construction of a residential flat building and is not considered to have any direct impact on crime and theft. The NSW Police Force were notified and no comments in this regard we were received.

 

Noise and dust issues from construction

160.    Comment: Noise and sedimentation controls are to be incorporated within the conditions of consent to protect the amenity of the surrounding area during construction.

 

REFERRALS

Council Referrals

 

Development Engineer

161.    Council’s Principal Development Engineer supports the proposal subject to conditions of consent.

 

Traffic Engineer

162.    Council’s Traffic Engineer raised no objections to the proposal.

 

Environmental Health Officer

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

 

Infrastructure and Assets

164.    Councils Infrastructure and Assets section supports the proposal subject to conditions of consent.

 

GIS

165.    Council’s Geographical Information Systems Officer supports the proposal subject to conditions of consent.

 

Consultant Arborist

166.    Council’s consultant arborist supports the proposal subject to conditions of consent.

 

167.    Waste Services

Council’s Co-ordinator Environmental Sustainability has raised concerns with the proposal in relation to waste service collection.

 

Comment: It is conditioned that a waste collection be undertaken by a private operator or alternatively a site manager or other delegated person being responsible for presenting bins kerbside no earlier than 12 hours prior to waste collection and returning bins from the kerbside no later than 12 hours post collection. This is considered to result in a reasonable planning outcome in relation to waste services and disposal.

 

External Referrals

 

Ausgrid

168.    The application was referred to AUSGRID under Clause 45(2) of Statement Environmental Planning Policy (Infrastructure) 2007. In response, comments were received on 9 July 2020 of which did not raise any concerns with the proposal subject to conditions.

 

New South Wales Police Force

169.    The application was referred to the New South Wales Police Force was provided an opportunity to comment on the proposal by 18 June 2020. In response, no comments were received upon finalisation of this report.

 

CONCLUSION

170.    The development seeks approval for the demolition of existing structures and construction of a residential flat building, landscaping and site works on land known as 65-69 Lawrence Street, Peakhurst. The application has been assessed having regard to the Matters of Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans. It is considered that Development Application No DA2020/0217 should be subject to conditions of consent.

 

DETERMINATION AND STATEMENT OF REASONS

171.    Statement of Reasons

·        The submitted Clause 4.6 Exception to Development Standards to Clause 4.3 Height of Building of the Hurstville Local Environmental Plan 2012 is considered to be valid and reasonable.

·        The proposed development will not have unacceptable adverse impacts to the natural and built environment given the scale of the development proposed.

·        In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is not in the public interest.

 

Determination

172.    THAT the submitted Clause 4.6 Exception to Clause 4.3 Height of Building of the Hurstville Local Environmental Plan 2012 be supported.

 

173.    THAT pursuant to Section 4.16 (1)(a) of the Environmental Planning and Assessment Act 1979, as amended, the Georges River Local Planning Panel approve Development Application DA2020/0217 for demolition works and construction of a residential flat building, landscaping and site works on Lots 250, 251, 252 in DP 36317 known as 65-69 Lawrence Street, Peakhurst subject to the following conditions:

 

Development Details

 

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

 

Description

Reference No.

Date

Revision

Prepared by

Site Ground Floor Plan

DA03

22/04/21

C

Corner Design

Basement Plan

DA02

22/04/21

C

Corner Design

First Floor Plan

DA04

15/3/21

B

Corner Design

Second Floor Plan

DA05

15/3/21

B

Corner Design

Rooftop Plan

DA06

15/3/21

B

Corner Design

Roof Plan

DA07

15/3/21

B

Corner Design

East Elevation and North Elevation

DA08

15/3/21

B

Corner Design

West Elevation and South Elevation

DA09

15/3/21

B

Corner Design

Section A-A and Streetscape Elevation

DA10

15/3/21

B

Corner Design

Driveway Profile

DA18

15/3/21

B

Corner Design

Landscape Plan

20-4170

L01

8.04.21

A

Zenith Landscape Design

Landscape Plan

20-4170

L02

8.04.21

A

Zenith Landscape Design

Landscape Plan

20-4170

L03

8.04.21

A

Zenith Landscape Design

Stormwater Plan

2088/S1/5

06/05/20

B

John Romanous and Associates

Stormwater Plan

2088/S2/5

06/05/20

B

John Romanous and Associates

Stormwater Plan

2088/S3/5

06/05/20

B

John Romanous and Associates

Stormwater Plan

2088/S4/5

06/05/20

B

John Romanous and Associates

Stormwater Plan

2088/S5/5

06/05/20

B

John Romanous and Associates

Deep Soil Plan and Excavation Plan

DA17

06/05/20

B

John Romanous and Associates

Schedule of Finishes

-

4 May 2020

-

-

Access Report

219130

15-05-2020

-

Accessible Building Solutions

Road Traffic Noise Assessment

-

May 2020

-

Noise and Sounds Services

Arborist Report

-

30th April 2020

-

Jacksons Nature Works

BCA Compliance Assessment Report

1289

1 May 2020

A

BCA Consulting

Stage 1 Preliminary Site Investigation

9211-ER-1-1

-

1

Alliance Geotechnical

Geotechnical Report

20/1513

May 2020

-

STS Geotechnics

BASIX Certificate

1098111M

22 May 2020

-

Max Brightwell

Waste Management Plan

-

-

-

-

Construction Management Plan

-

-

-

-

 

Separate Approvals Required Under Other Legislation

 

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

 

(a) Construct a 1.5 metre wide footpath for the full length of the frontage of the site in Lawrence Street in accordance with Council’s Specifications applying at the time construction approval is sought.

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

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

(d) A kerb inlet pit is to be constructed directly in front of the subject development site over Council’s existing stormwater drainage pipeline for the underground disposal of stormwater. All construction costs for this work are to be borne by the developer.

 

Constructing a vehicular crossing footpath and stormwater drainage works requires separate approval under Section 138 of the Roads Act 1993 <http://legislation.nsw.gov.au/>, prior to the commencement of those works.  

 

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

 

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

 

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

 

(a)     Placing or storing materials or equipment;

 

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

 

(c)     Erecting a structure or carrying out work

 

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

 

(e)     Pumping concrete from a public road;

 

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

 

(g)     Constructing a vehicular crossing or footpath;

 

(h)     Establishing a “works zone”;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Requirements of Concurrence, Integrated & Other Government Authorities

 

5.         Ausgrid - Ausgrid requires that due consideration be given to the compatibility of proposed development with existing Ausgrid infrastructure, particularly in relation to risks of electrocution, fire risks, Electric &Magnetic Fields (EMFs), noise, visual amenity and other matters that may impact on Ausgrid or the development.

 

With Regard to: Demolition works and construction of a residential flat building at 65 LAWRENCE STREET PEAKHURST

• Survey - 65-67 Lawrence St Peakhurst

• Deep Soil Plan and Excavation ~ - 65-69 Lawrence St Peakhurst

 

Ausgrid consents to the above mentioned development subject to the following conditions:-

Proximity to Existing Network Assets

Underground Cables

 

There are existing underground electricity network assets transmission cables in LAWRENCE STREET .

 

Special care should also be taken to ensure that driveways and any other construction activities within the footpath area do not interfere with the existing cables in the footpath. Ausgrid cannot guarantee the depth of cables due to possible changes in ground levels from previous activities after the cables were installed. Hence it is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area. Safework Australia – Excavation Code of Practice, and Ausgrid’s Network Standard NS156 outlines the minimum requirements for working around Ausgrid’s underground cables.

 

6.         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).

 

7.         Road Noise - The site is affected by noise from Forest Road, Peakhurst.  An Acoustic Report prepared by a suitably qualified acoustic consultant shall be submitted demonstrating that the development has been designed with measures of acoustic attenuation to meet the internal noise levels specified in Clause 102 of State Environmental Planning Policy (Infrastructure) 2007 <http://www.legislation.nsw.gov.au/>.

 

The measures of acoustic attenuation shall be reflected on the Construction Certificate plans.

 

8.         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.

 

9.         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 <http://legislation.nsw.gov.au/> 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 <http://www.sydneywater.com.au> then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance.

 

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

 

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

 

Prior to the Issue of a Construction Certificate

 

10.       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.

 

11.       Compliance with Preliminary Site Investigation Report

(a) A Hazardous Materials Survey of the dwelling associated with Areas of Environmental Concern (AEC) known as AEC02 and AEC03 to be undertaken by a qualified occupational hygienist prior to any demolition works, and followed by a clearance inspection and certification. The Clearance Certificate to be submitted to Council or the Private Certifier prior to commencement.

 

(b) An asbestos clearance certificate to be obtained for AEC02 and AEC03 (were asbestos is identified) from a suitably experienced occupational hygienist following the completion of demolition works and prior to any soil disturbance, and submitted to Council or the Private Certifier;

 

(c) A waste classification assessment of the soil materials proposed to be excavated and removed to be obtained from a suitably experienced environmental consultant prior to the excavation and disposal of the soil materials;

 

(d) Fill soils proposed to be excavated across AEC01 should be disposed offsite in accordance with relevant NSW EPA waste classification guidelines; and

 

(e) Records of the transport and landfill disposal of materials from AEC01, AEC02 and AEC03 should be maintained and be available on request from Council.

 

12.       Acoustic Requirements - Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Report submitted to Council with the Development Application, titled ‘Road Traffic Noise Assessment’ prepared by Noise & Sound Service dated May 2020.

 

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

 

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

 

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

 

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

 

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

 

14.       On Site Detention - The final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

 

An onsite detention (OSD) facility designed by a professional engineer who specialises in Hydraulic engineering must be designed, approved and installed.

 

The required OSD storage requirements and permissible discharge are to be calculated in accordance with Table 3 in CHAPTER 4 - On-Site Stormwater Detention (OSD) Systems of Council’s Stormwater Management Policy.

 

The OSD facility shall be designed to meet all legislated safety requirements and child proof 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

 

15.       Detailed Stormwater Drainage Design - The submitted stormwater plan has been assessed as a concept plan only. A detailed drainage design supported by a catchment area plan and drainage calculations (including a Hydraulic Grade Line Analysis) must be submitted with the Construction Certificate application.

 

16.       Pump-Out System Design for Stormwater Disposal - The design of the pump-out system for stormwater 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

 

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

 

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

 

(a) Longitudinal sections and gradients designed in accordance with AS/NZS2890.1-2004.

 

18.       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.

 

19.       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: $56,856.00 (Not inclusive of drainage works)

 

b)      Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $371.00

 

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

 

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

 

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

 

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

 

21.       Geotechnical report - The applicant must submit a Geotechnical Report, prepared by a professional engineer specialising in geotechnical engineering in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

 

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

 

(b)     Dilapidation Reports on the adjoining properties including, but not limited to all 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.

 

22.       Car Wash Bays - Plans and specifications of the car washing system which has been approved by Sydney Water must be submitted with the application for the Construction Certificate.

 

All car washing bays shall 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.

 

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

 

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

 

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

 

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

 

Residential Waste

 

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

 

(a)     Domestic Waste - 7 x 240 litre

 

(b)     Domestic Recycling - 6 x 240 litre

 

(c)     Green Waste - 2 x 240 litre mobile bins per unit block.

 

25.       Tree Removal prohibited - This consent does not approve the removal or pruning (branches or roots) of any trees on the subject property, Council’s public footway, public reserves or on neighbouring properties.

 

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

 

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

 

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

 

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

 

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

 

Fee Type

Fee

GENERAL FEES

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

Builders Damage Deposit

$56,856.00 (Not inclusive of drainage works)

Inspection Fee for Refund of Damage Deposit

$155.00

Driveway and Restoration Works Design  Inspection Fee (Multi-unit Development)

$371.00

DEVELOPMENT CONTRIBUTIONS

HURSTVILLE

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

$31,152.70

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

$220,256.47

 

General Fees

 

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

 

Development Contributions

 

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

 

Indexation

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

 

Timing of Payment

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

 

Further Information

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

 

27.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No.109811M_02 dated 12 April 2021 prepared by Max Brightwell must be implemented on the plans lodged with the application for the Construction Certificate.

 

28.       Required design changes -The following changes are required to be made to the detailed Stormwater Drainage Plans for submission with the Construction Certificate Application:

 

Drawing Reference

Date

Revision

Drawing Description

Author

2088 - S1/5

6/5/’20

B

Stormwater Drainage/Sediment Control Details

John Romanous & Associates

2088 - S2/5

6/5/’20

B

Stormwater Drainage/Sediment Control Details

John Romanous & Associates

2088 - S5/5

6/5/’20

B

Stormwater Drainage/Sediment Control Details

John Romanous & Associates

 

(i)         The inclusion of an extended kerb inlet pit directly in front of the subject development site over Council’s existing stormwater drainage pipeline in Lawrence Street.

(ii)        Unit 1.06 must be converted to an adaptable unit.

(iii)       All documentation is to be amended to be consistent with the approved architectural plans as prepared by Cornerstone Design referenced within Condition No. 1.

 

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

 

a)      location of protective site fencing;

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

c)      location of building materials for construction, e.g. stockpiles

d)      provisions for public safety;

e)      dust control measures;

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

g)      details of methods of disposal of demolition materials;

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

i)       provisions for temporary sanitary facilities;

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

k)      details of proposed sediment and erosion control measures;

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

m)     construction and demolition traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.       BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 109811M­_02 dated 12 April 2021 prepared by Max Brightwell must be implemented on the plans lodged with the application for the Construction Certificate.

 

32.       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 the upper level of the proposed Council’s kerb inlet pit to be located directly in front of the subject development site in Lawrence Street in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

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

 

Stormwater Systems with Basement   

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

i. the upper level of the new kerb inlet pit required to be constructed  directly in front of the development site.

 

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

(d) The basement ramp crest level and associated top of retaining wall levels are to be such that overland flow will not enter the basement for all storms up to and including the 1:100yr ARI event.

 

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.       

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(d)     Details of planting procedure and maintenance;

 

(e)     Landscape specification;

 

(f)      Details of drainage and watering systems;

 

(g)     Details of garden edging and turf; and

 

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

 

38.       Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Zenith Landscape Designs, Ref No 20-4170 L01 – L03 and dated 28/4/2020. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

 

a)   Three (3) Syncarpia glomulifera trees must be planted within the rear of the site and replace three (3) GF – Glochidion ferdinandi proposed for the rear of the site, be of minimum 100 litre pot/ bag size and contract grown through a reputable nursery grower for guaranteed plant stock availability at the time of landscape installations.

b)   The proposed trees, Corymbia gummifera(3), Glochidion ferdinandi(2), Syncarpia glomulifera (3), Elaeocarpus reticulatus(5) and Tristaniopsis laurina(4) and all plant species, and quantities of plants shall be in accordance with the proposed plant schedule upon the landscape plan and as part of this consent. If plant species, pot/ bag size and quantities cannot be sourced, Council shall be contacted for alternatives;

c)   All seventeen (17) trees proposed 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 seventeen (17) trees and any 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 seventeen (17) 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;

 

39.      Tree Protection and RetentionThe following trees shall be retained and protected:

 

Tree Species

Location of Tree / Tree No.

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

Fencing distance from trunk

1 - Lophostemon confertus

Councils street tree, middle of Council verge

6.0 metres radially out without blocking the footpath and roadway

2 – Lophostemon confertus

Councils street tree, east end of site

6.0 metres radially out without blocking the footpath and roadway

2 - Eucalyptus scoparia x 2

Rear yard of No 69, south east corner

5.0 metres radially out from their trunks. One collective tree protection fencing zone shall encompass both trees.

3 - Ficus rubiginosa

Within rear yard of No 67

6.2 metres radially out from its trunk

4 - Brachychiton acerifolius

Within rear yard of No 67

4.3 metres radially out from its trunk

5 – Syncarpia glomulifera

Within rear yard of No 67

6.2 metres radially out from its trunk

Trees 3, 4 and 5 above shall have the one collective tree protection fencing zone of 6.2  metres radially out from the trees trunk

6 – Jacaranda mimosifolia

Within rear yard of No 67 Lawrence St

4.0 metres radially out from its trunk

7 – Eucalyptus cladocalyx

Within rear yard of No 65 Lawrence St, east

5.0 metres radially out from the trees trunk

8 – Jacaranda mimosifolia

Within rear yard of No 65 Lawrence, south west back corner

3.5 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 site set up, 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, for compliance.

 

Tree Protection Measures

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

 

(b)     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.

 

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

 

(d)     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.

 

(e)     The engaged AQF 5 Consulting Project Arborist must be present on-site during the stages of site set up, 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.

 

(f)      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 out from the base of each tree is to be in accordance with the TPZ listed in the table above. 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.

 

(g)     Prior to any works, 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 tree protection zone.

 

(h)     The existing driveway fronting 65 Lawrence St, north west corner, must be used for all site works, demolition and excavation truck movements in and out of the site.

 

(i)      The engaged AQF 5 Arborist must be in attendance to provide guidance before, during and after the excavations and building of the proposed OSD within the front setback and forward a letter of compliance to the nominated PCA that impacts through their guidance has been minimised and report on the viability of the trees, being retained.

 

(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, storage of materials, preparation of building products, site sheds, toilet blocks or services as well as any activities as per AS4970 -2009, 4.2 - Activities restricted within the TPZ, are permitted within the TPZ distances as per table above.

 

Excavation works near tree to be retained

(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)    Any excavations needed for the purposes of stormwater piping within the TPZ of the trees within the rear of the site, must be completed by hand and or by the use of “air spade” method of non-destructive excavations and under the guidance of the engaged AQF 5 Arborist, whom must, in writing certify if compliance has been met and viability of retained trees will be maintained and forwarded to the nominated PCA.

 

(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.

 

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

 

Tree Species

Number of trees

Location

Syncarpia glomulifera

X1

Within side fence of No 69 Lawrence Street (poisoned)

Archontophoenix cunninghamiana

X1

Rear yard of No 67 Lawrence Street

Eucalyptus nicholii

X1

Rear yard of No 65 Lawrence Street, large, dead, middle rear of site

Plumeria acutifolia

X1

Front yard of No 67 Lawrence Street

Camellia japonica (several)

X3

Front side fence of No 69 Lawrence Street

Lagerstroemia indica

X3

Within side rear fence of No 65 Lawrence 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.

 

Street Tree planting by Council

a)   One street tree of species to be determined must be provided in the road reserve fronting the site.

 

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

 

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 on public land fronting - 65 Lawrence St

Number of trees

Amount per tree

Administration Fee, tree planting and maintenance

X1

$452.00

Cost of tree removal

 

N/A

Cost of Stump Grinding

 

N/A

 

41.       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

·    69 Lawrence Street PEAKHURST  NSW  2210

 

Unit Addresses

·    Refer to the attached list of unit 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 (if applicable)

If there are modifications or changes to the number of units during the DA process, please advise the GIS team before the final approval. Otherwise, please ensure the list of unit addresses (CM9 No. D20/154268) is attached to the consent.

      

 

 

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

 

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

 

a)      all council adjoining infrastructure,

 

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.

 

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

 

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

 

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

 

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

 

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

 

44.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

47.       Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

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

 

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

 

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

 

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

 

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

 

50.       Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

51.       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.

 

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

 

a)      Set out before commencing excavation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)      Set out before commencing excavation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

During Construction

 

55.       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 the proposed Council kerb inlet pit to be constructed directly in front of the subject development site in Lawrence Street.

 

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

 

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

 

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

 

59.       Hours of construction for demolition and building work - Unless authorised by Council:

 

a.   Building construction and delivery of material hours are restricted to: 7.00 am to 5.00 pm (inclusive) Monday to Saturday and no work on Sundays and Public Holidays.

b.   Demolition and excavation works are restricted to:  8.00 am to 5.00 pm (inclusive) Monday to Friday only. Excavation work includes the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders and the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site.

 

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

 

61.       Compliance with hazardous material survey - The demolition of existing structures shall demonstrate compliance with the hazardous material survey.

 

62.       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.

 

63.       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.

 

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

 

Prior to the issue of the Occupation Certificate

 

65.       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.

 

66.       Completion of Landscape Works

a)    All landscape works, tree plantings as per landscape plan by Zenith Landscape designs and the planting of three (3) Syncarpia glomulifera and minimum 100 litre pot/ bag size and the fee payment for Councils street tree must be completed before the issue of the Final Occupation Certificate and to the satisfaction of Councils Tree Management Officers.  

b)    A certificate of compliance for the planting of all trees and shrubs proposed for the site, with an AQF level 5 Horticulturist being engaged and in writing certify that all trees have been planted as per landscape plan and as per the conditions of this consent (3 x Syncarpia glomulifera) and forwarded to the PCA – Principal Certifying Authority for compliance.

 

67.       Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the DA Acoustic Report titled Road Traffic Noise Assessment prepared by Noise & Sound Service dated May 2020.

 

68.       SEPP 65 Design Verification Statement - The PCA must not issue an Occupation Certificate to authorise a person to commence occupation of the residential flat development unless the PCA has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65Design Quality of Residential Flat Development.

 

69.       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.

 

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

 

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

 

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

 

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

 

(a)     The location of any detention tanks;

(b)     Finished site contours at 0.2 metre intervals;

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

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

(e)     The orifice size/s;

(f)      Details of any pumping systems installed (including wet well volumes) .

 

72.       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 a final occupation certificate.

 

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

 

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

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

(c)  Construct any new vehicle crossings required.

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

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

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

(g) The construction of the kerb inlet pit in Lawrence Street shall be completed in accordance with the conditions and specifications of the Section 138 Drainage Application’

 

74.       Vehicular crossing & Frontage work - Major development - The following road frontage works shall be constructed in accordance with specifications issued under the ‘Application for Driveway Crossing and Associated Works on Council Road Reserve’ approval issued by Council’s Assets and Infrastructure Division:

 

(a) Construct a 1.5 metre wide footpath for the full length of the frontage of the site in Lawrence Street in accordance with Council’s Specifications for footpaths.

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

(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 and in accordance with Council’s Specification for Driveway Crossings and Associated Works. 

 

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

 

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

 

75.       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) 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) New or replacement street trees;

(f)  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.

(g) New or reinstated kerb and guttering within the road related area; and

(h) New or reinstated road surface pavement within the road.

 

Council’s Assets and Infrastructure 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].

 

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

 

a)      all adjoining Council infrastructure.

 

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

 

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

 

The report must be provided to the PCA and a copy provided to the Council. The reports are to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

 

NOTE: Council will use this report to determine whether or not to refund the damage deposit.

 

Council’s 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.

 

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

 

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

 

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

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

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

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

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

 

78.       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.

 

79.       Electricity Supply - Evidence shall be provided demonstrating that the development has been connected to the Ausgrid, if required.

 

80.       Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

 

(a)     Residential dwellings: twenty-one (21) car spaces of which includes three (3) accessible spaces.

 

(b)     Residential visitors: six (6) car spaces

 

(c)     Car wash bay: one (1) shared with visitor space

 

81.       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.

 

82.       Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 <http://legislation.nsw.gov.au/> must be submitted to the PCA prior to the issue of the Occupation Certificate.

 

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

 

84.       Lighting The intensity of lighting in the entranceway to the covered or underground car park is to be graded from the most bright (at the entrance proper), to minimum levels of accepted illumination (away from entrances), to allow for the gradual adjustment of driver/pedestrian “light” vision.

 

85.       Waste Management Plan (on going) - The WMP must incorporate the following information:

·    Volume and type/stream of waste generated (i.e. organics, commingled recycling, bulky waste, putrescible waste)

·    Proposed facility and contractor responsible for collection and 2) recycling/processing/disposing of wastes generated)

·    Collection arrangements including a bin/waste collection location and vehicle standing location

·    Methods for transporting wastes/bins around a site from the point of generation (i.e. each unit or occupied area of the development) to the point of collection (waste collection vehicle standing location)

·    Responsibilities for on-site caretakers/cleaners in maintaining sanitary bin storage areas and reducing litter

·    The applicant must also outline the number of units and their corresponding waste storage areas (within each unit) and indicate a path of travel for each unit to use and access waste storage areas throughout the development. The Waste Management Plan must be prepared engage a qualified waste consultant.

 

Operational Conditions (Ongoing)

 

86.       Entering & Exiting of vehicles - All vehicles shall enter and exit the premises in a forward direction.

 

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

 

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

(ii)   maximum number of users at any one time is not to exceed 10;

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

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

(v)   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.

 

88.       Maintenance of Landscaping

a)    All trees and plants forming part of the landscaping must be maintained.    Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilising, pest and disease control, replacement of dead or dying plants and   other operations required to maintain healthy trees, plants and turfed areas.

b)    If the replacement 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.

 

Tree Protection Measures

c)    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.

 

d)    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 .

 

89.       Responsibility of Owners Corporation - The Owners Corporation shall be responsible for presenting all approved waste and recycling receptacles for collection, and returning all receptacles to the Main Waste Collection Room, as soon as practicable after they have been serviced.

 

The Owners Corporation shall 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.

 

90.       Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

 

91.       Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

92.       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.

 

93.       Outdoor Lighting - To avoid annoyance to the occupants of adjoining premises or glare to motorist on nearby roads, outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting.

 

94.       Waste Collection - Waste collection be undertaken by a private operator or alternatively a site manager or other delegated person being responsible for presenting bins kerbside no earlier than 12 hours prior to waste collection and returning bins from the kerbside no later than 12 hours post collection.

 

Operational Requirements Under the Environmental Planning & Assessment Act 1979

 

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

 

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

 

(a)     appointed a PCA for the building work; and

 

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

 

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

 

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

 

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

 

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

 

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

 

97.       Notification Requirements of PCA - No later than two days before the building work commences, the PCA must notify:

 

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

 

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

 

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

 

A Notice of Commencement Form is attached for your convenience.

 

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

 

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

 

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

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

Prescribed Conditions

 

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

 

103.    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.

 

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

 

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

 

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

 

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

 

Advice

 

105.    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.

 

106.    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.

 

107.    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.

 

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

 

(a)     Complete the Stormwater Drainage Application Form which can be downloaded from Georges River Council’s website at www.georgesriver.nsw.gov.au

 

(b)     In the Application Form, quote the Development Consent No. (eg. DA2018/0***) and reference this condition number (e.g. Condition 23)

 

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

 

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

 

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

 

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

 

109.    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).

 

110.    Acoustic 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)

 

 

 

 

ATTACHMENTS

Attachment 1

Clause 4.6 - 65-69 Lawrence Street Peakhurst

Attachment 2

Site Plan and Elevations - 65 - 69 Lawrence Street Peakhurst

 


Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 6 May 2021

LPP010-21              65-69 Lawrence Street Peakhurst

[Appendix 1]           Clause 4.6 - 65-69 Lawrence Street Peakhurst

 

 

Page 0

 




















Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 6 May 2021

LPP010-21              65-69 Lawrence Street Peakhurst

[Appendix 2]           Site Plan and Elevations - 65 - 69 Lawrence Street Peakhurst

 

 

Page 0

 




Georges River Council – Local Planning Panel   Thursday, 6 May 2021

Page 0

 

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 06 May 2021

 

LPP Report No

LPP011-21

Development Application No

MOD2020/0221

Site Address & Ward Locality

23 Railway Parade Penshurst

Blakehurst Ward

Proposed Development

Modification of Consent No DA198/2007 for revised landscaping and tree protection amendments

Owners

Georges River Council

Applicant

Rachel Story

Planner/Architect

Morrison Design Partnership

Date Of Lodgement

7/12/2020

Submissions

One (1)

Cost of Works

Nil

Local Planning Panel Criteria

Schedule 1 of the Minister’s Local Planning Panel Delegation – Council is the Landowner (1(a))

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

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004,

Kogarah Local Environmental Plan 2012,

State Environmental Planning Policy (Infrastructure) 2007

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

Landscape Plans, Statement of Environmental Effects, Architectural Plans, Tree Letter (from Arborist)

 

 

 

Report prepared by

Principal Planner

 

 

Recommendation

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

 

Summary of matters for consideration under Section 4.15

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

 

Yes 

Legislative clauses requiring consent authority satisfaction

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

 

Yes

Clause 4.6 Exceptions to development standards

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

 

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, the previous approved conditions have been modified in accordance with the applicants application

 

Site Plan

 

Executive Summary

Proposal

1.           The proposed modification seeks to amend a number of conditions relating to landscaping in particular tree retention and protection.

 

Site and Locality

2.           The site is located at 23 Railway Parade Penshurst, known as Lot 21 DP11492 and Lot 8 DP11492. The site currently contains a Residential Aged Care Facility that is nearing the completion of construction.

 

Zoning and Permissibility

3.           The subject site is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012, and the proposal for modifications to the approved Aged Care/Residential Care Facility is considered a permissible form of development with Council’s consent. The proposed development satisfies the objectives of the zone.

Note: The subject allotment at the time of assessment and consideration of DA198/2007, was located within Zone 5(a) Special Use ‘Residential Care Facility’ under KLEP 1998 and the proposal was a permissible form of development with Council's consent.

 

 Submissions

4.           The application was notified in accordance with Council’s Notification Policy and one submissions was received.

 

Conclusion

5.           The application be approved subject to the amended conditions of consent.

 

Report in Full

Proposal

6.           The applicant seeks consent for landscaping modifications including:

·    Removal of tree protection condition for Tree 3 (Liquidambar) at 7 Hanigan Street Penshurst as the root system is affecting the planting of approved species along the southern boundary with the property.

·    Removal of tree protection condition for Tree 2 (eucalypt) at 5 Hanigan Street Penshurst, as this tree no longer exists.

·    Replacement of a number of screening plants with clumping bamboo to the south east f the site

·    Relocation of a number of mature trees throughout site.

·    Minor rewording to a number of conditions that have been amended or satisfied as a result of previous modifications.

 

7.           The following conditions are to be amended, with the amended wording in bold, and/or struck out where identified below. Where required, further assessment on proposed amendments to conditions, are discussed further in the assessment section below.

 

·    Modify Condition 2

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

 

i.    Architectural Plans prepared by Morrison Design Partnership:

·      DA-A0.00-Cover Sheet (architectural version) – Rev H – 30 July 2018

·      DA-A0.00-Cover Sheet (architectural version) – Rev J – 16 September 2020.

·      DA-A1-02-Site Plan – Rev F – 2 October 2012

·      DA-A2-01-Level 1 Floor Plan (basement) – Rev U – 5 June 2018

·      DA-A2-01-Level 1 Floor Plan (RL40.30) – Rev V– 15 October 2020

·      DA-A2-02-Level 2 Floor Plan (ground) – Rev Z – 1 June 2018

·      DA-A2-02-Level 2 Floor Plan (RL44.00) – Rev A2 – 15 October 2020

·      DA-A2-03-Level 3 Floor Plan (first floor) – Rev W – 15 May 2018

·      DA-A03-01-Proposed Elevations (no trees) – Rev R – 14 May 2018

·      DA-A3-01-Proposed Elevations (with trees) – Rev R – 14 May 2018

·      DA-A3-01 – Proposed Elevations – Rev S – 15 October 2020

·      DA-A3-02-Proposed Sections – Rev L – 15 May 2018

·      DA-A3-02-Proposed Sections – Rev M– 15 October 2020

·      DA-A03-04-Detail Sections – Rev F – 15 May 2018

·      DA-A03-04 – Detail Sections – Rev G – 16 October 2020

 

ii.   Landscape Plans:

·      L-0001 – Cover Sheet (landscape version) – Rev B – 25 July 2018

·      L-0001-Cover Sheet (landscape version) – Rev B – 9 November 2020

·      L-0002 – Concept Plan – Rev A – 23 May 2018

·      L-0003 – Indicative Elevation – Rev A – 23 May 2018

·      L-0003 – Indicative Elevation – Rev A – 15 October 2020

·      L-0004 – Landscape Site Concept – Rev A – 23 May 2018

·      L-0004 – Landscape Site Concept – Rev B – 9 November 2020

·      L-3001 – Hardworks Plan – Rev A – 23 May 2018

·      L-4001 – Softworks Plan – Rev A – 25 July 2018

·      L-4002 – Softworks Plan – Rev A – 25 July 2018

·      L-4003 – Softworks Plan – Rev A – 25 July 2018

·      L-4003 – Softworks Plan – Rev B – 9 November 2020

·      L-4004 – Softworks Plan – Rev A – 25 July 2018

·      L-4004 – Softworks Plan – Rev B – 9 November 2020

·      L-4005 – Softworks Plan – Rev B – 25 July 2018

·      L-4005 – Softworks Plan – Rev B - 9 November 2020

·      L-4006 – Softworks Plan – Rev A – 25 July 2018

·      L-4006 – Softworks Plan – Rev B - 9 November 2020

 

iii.  Landscape Concept for Sunken Western Courtyard prepared by Context marked LSK 201, 201a, 202 & 203 dated 27/8/12.

iv.  Stormwater Management Plans prepared by Acor Consultants marked C1.01- Issue 03, C1.02- Issue 03, C2.01- Issue 02, dated 27/6/12.

 

·    Delete Condition 34

 

(34)          A revised landscape plan is to be prepared reflecting the amendments to the architectural plans and changed to the landscape areas.

·    Delete Condition 35

(35)       The revised landscape plan is also to incorporate the amendments required by Council’s landscape officer as set out in his memo dated 28th February 2008 and as responded to in the letter from Context Landscape Architects dated 23 September 2009 (Ref 07558)

·    Delete Condition 41

(41)          Landscape planter beds to the rear of the Centre St properties are to achieve the planter width and configuration as indicated on the Context Landscape Drawing LWD 100 Issue F dated 27/9/12

·    Amend Condition 84(b)

(84b)       The trees identified for retention in the Arborist Report prepared by NSW Tree Services P/L – Aboricultural Consultants and dated 30 January 2013 and listed below shall be protected in accordance with the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites and Part 7.0-7.4 of the above Arborist Report.

 

Tree Species

Location of Tree/Tree No

TPZ

Jacaranda mimosifolia

11 Hannigan Street/ Tree 1

7.3 metres

Liquidamber styraciflua

7 Hannigan Street/ Tree 2

6.3 metres

Eucalyptus sideroxylon

5 Hannigan Street/ Tree 3

5.4 metres

(ADDED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

·    Amend Condition 84(d)

(84d)       The requirements of the Arborist report prepared by NSW Tree Services P/L – Aboricultural Consultants and dated 30th January 2013 and should be complied with before any set outs, excavations or construction takes place for the proposed development including:

 

·    7.2.1 Installation of underground utilities- Tree 1: There shall be no continuous trenches dug within the northern aspect of TPZ of T1.

·    7.2.2 Pavement – any pavement proposed within the TPZ of Trees 1-3 tree 1 should be of a porous pavement surface.

·    7.3.2 Construction phase – all location of underground surfaces within the TPZ of trees 1-3 tree 1, to address arborist’s requirements.

 

The engaged AQF 5 Project Arborist must sign off on each component above that the items have been completed and forwarded to the PCA, forming compliance and that the viability of tree 1 has not been compromised.

 

The Project Arborist to make detailed reports on site visits Pre construction, Construction and Post Construction.

 

(ADDED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

 

 

The Site and Locality

8.           The subject site is located on the northern side of Railway Parade, Penshurst. The approved Residential Aged Care Facility is currently under construction on the site, and is nearing completion.

 

9.           To the north of the subject site is a railway corridor and development to the east, west and south is predominantly residential with access to the site via a pedestrian access path Railway Parade and vehicular and pedestrian entry from Centre Street.

 

10.         The locality of the site is essentially low density residential. Single dwellings fronting Centre Street, Railway Parade and Hanigan Street border the site. On the opposite side of the railway line there are residential flat buildings.

 

11.         A locality plan and aerial image are included below:

 

                   Figure 1: Locality cadastre map (source: Georges River Council)

                   Figure 2: Aerial photograph of the site (source: NearMaps)

 

Background

12.         On 31 July 2008 deferred commencement consent was granted to Development Application DA198/2007 for the construction of a residential aged care facility.

 

13.         On 6 November 2009 Council notified the applicant that the Deferred Commencement conditions had been satisfied.

 

14.         On 19 October 2008 Council granted consent to a modification application relating to developer contributions and photovoltaic cells.

 

15.         On 5 March 2013 a Modification Application (Mod198/2007/3) was approved for minor internal and external modifications.

 

16.         On 7 September 2018, a Modification Application (MOD2018/0075) was approved for internal alterations to the Residential Aged Care Facility.

 

Public Interest

17.         The application was notified in accordance with Council policy for 14 days, during the notification period one (1) submission was received.

 

18.         The submission raised the following issue:

 

Concerns regarding planting of large trees along the pedestrian pathway to Railway Parade, and impacts, including damage to adjoining properties.

 

19.         Comment: This matter does not relate to the proposed modification, and therefore is not relevant to the assessment of this application. However, it is worth noting that the applicant has undertaken planting along this pedestrian pathway in accordance with the approved landscape plan as part of DA198/2007, and any subsequent related modifications. The submitter has been provided advice regarding this matter.

 

Section 4.55 Considerations

20.         This application proposes the modification of Development Consent No. DA198/2007 pursuant to Section 4.55(2) of the EP&A Act.  An assessment of the type of modification proposed has been carried out in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000 (EP&AR 2000) and a Section 4.55(2) is the appropriate type of modification application.

 

21.         The modification application has been considered in accordance with the relevant provisions of S4.55(2) the Act. Council is satisfied that the application is considered to be substantially the same as that originally granted as the extent of modification works relate to landscaping.

 

State Environmental Planning Policy

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP Seniors)

22.         Whilst the original Development Application DA198/2007 was not assessed and determined under SEPP Seniors (as the SEPP did not apply to the Site at that time), SEPP Seniors is now applicable to the Site and previous modification applications have been assessed against the SEPP.

 

23.         The proposed modifications do not alter the approved land use as a Seniors Housing development which is permissible with development consent on the land.

24.         Furthermore, the proposed modifications do not alter the approved height or FSR as there is no change to the extent of the external envelope of the approved building. There is also no change to the requirement or the provision for car parking.

 

25.         The modification does not result in a change to any other aspects of the previous assessment against the provisions of SEPP Senior’s and therefore, a detailed reproduction of that previous assessment is not considered necessary as part of this submission.

 

SEPP (Infrastructure) 2007

26.         The site is located adjacent to the ‘Eastern Suburbs / Illawarra Railway Line’, clauses 85-87 of SEPP (Infrastructure) 2007 apply to the proposed development.

 

27.         In regards to clause 85 (Development immediately adjacent to rail corridors), Clause 86 (Excavation in, above, below or adjacent to rail corridors) and Clause 87 (Impact of rail noise or vibration on non-rail development), the proposed modifications changes to the approved building form or materials as they relate to the rail corridor and no change is proposed to the original conditions of development consent imposed by RailCorp which included a requirement for a report on Electrolysis Risk to be submitted for RailCorp’s review. The proposed modifications are acceptable in this instance.

 

Kogarah Local Environmental Plan 2012 (KLEP 2012) 

28.         The subject site is zoned R2 low density residential and the proposal for modifications to the approved Aged Care/Residential Care Facility is considered a permissible form of development with Council’s consent. The proposed development satisfies the objectives of the zone.

 

The subject allotment at the time of assessment and consideration was located within Zone 5(a) Special Use ‘Residential Care Facility’ under KLEP 1998 and the proposal was a permissible form of development with Council's consent. ]

 

29.         The proposed modifications do not seek to alter the approved floor space ratio and or the height of the originally approved development.

 

Assessment of the Modification

Tree removal

30.         A Liquidambar tree (tree 3) was required to be protected via a condition of consent (84(b)) under the original DA198/2007 for the Residential Aged Care Facility. This tree is located at 7 Hanigan Street, Penshurst, adjacent to the south of the site.

 

31.         The location of 7 Hanigan Street, and the Liquidambar tree are identified below:

 

                                               Figure 3: Location of liquidamber tree (source: NearMap)

 

32.         The applicant advises that the extensive root system of the adjacent Liquidambar tree at the rear of 7 Hanigan Street is restricting the planting of the approved trees subject of DA198/2007.

 

33.         The trees to be planted along the southern boundary of the site, along the common boundary of adjacent properties on Hanigan Street, were specifically selected as part of the landscape scheme for the Residential Aged Care Facility, to provide privacy to the existing low density dwellings. The species to be planted are Elaeocarpus eumundi (x11) are and are large specimens of 900L pot size, their location shown below:

 

Figure 4: Landscape plan extract showing privacy planting (source: approved plans)

 

34.         Five of the eleven Elaeocarpus eumundi have already been planted on site at the time of inspection (25 March 2021), the planting of the remaining trees were restricted by the roots of the Liquidambar tree at the time of inspection, however were located on site, awaiting planting.

 

35.         The owner of 7 Hanigan Street applied to Council seeking consent for the removal of the Liquidambar Tree (TA2020/0865).

 

36.         After inspections of the subject site and 7 Hanigan Street; and an assessment of the proposed screen planting on the subject it was determined by Councils Landscape Officer and Tree Management Officer that the removal of the Liquidambar tree at 7 Hanigan Street was satisfactory. This tree was permitted to be removed under TA2020/0865 subject to replacement planting on the adjoining property of two native tree species within three months of removal in accordance with Council’s Tree Policy. Further the approved planting along the southern boundary of the southern site was deemed to provide adequate screening between the subject site and the dwellings to the south along Hanigan Street, as these species can reach a minimum of 8 metres in height.

 

37.         Tree 5 (Eucalyptus sideroxylon) is also proposed to be removed from the tree retention conditions as it no longer exists on site at Hanigan Street, and bamboo is proposed to be planted along the rear boundary along 3 -5 Hanigan Street, as seen below.

 

Figure 5: Bamboo Planting Location (Source Statement of Environmental Effects prepared by MDP)

 

Other soft landscaping amendments

38.         It is noted that upon site inspection (25/3/2021) the bamboo has already been planted and had begun to provide privacy screening to the neighbouring properties.

 

Condition 35

39.         The applicant seeks consent to delete condition 35 which reads:

 

35.    The revised landscape plan is also to incorporate the amendments required by Council’s landscape officer as set out in his memo dated 28th February 2008 and as responded to in the letter from Context Landscape Architects dated 23 September 2009 (Ref 07558)

 

40.         Based on a review of the development history of the site it is considered that this matter has been resolved. Deferred Commencement condition 1(iii) for DA198/2007 reads:

 

Deferred Commencement

(1)     Pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, this consent will not operate until such time as the following requirements of Council are fulfilled.  These requirements are:

(i) The width of the planter beds to the rear of the Centre St properties as indicated on the architectural drawings shall be widened to coincide with the revised landscape plan dated December 2007 prepared by Context:

(ii) The proposed terrace and bifold doors opening from the dining room between Houses 2 & 3 at fl 43.95 on the south western side of the building shall be deleted and the opening replaced with windows;

(iii)         A revised landscape plan shall be submitted incorporating the requirements of Council’s Landscape Officer  in his memo dated 28 February 2008;

(iv)         A secure lockable gate shall be established at the entry to the pedestrian pathway on Centre St. The design, height and materials of construction are to be reflective of the need to provide security and deter unwanted entry.

 

41.         On 6 November 2009 Council notified the applicant that the Deferred Commencement conditions had been satisfied, therefore by virtue of the activation of the consent and a review of the current modification plans and the Landscape Officer memo dated 28 February 2008 the matters identified in this above form part of the operational consent. As a result this condition can be deleted.

 

Deletion of Condition 41

42.         The applicant seeks to delete condition 41, regarding planter boxes imposed under MOD2018/0075. Deletion of this condition is supported as the dimensions of the planters boxes are all included on the full set of landscape plans, to be modified under this application.

 

Referrals

External Referrals

43.         The application was referred to Ausgrid, who raised no objection to the proposed development

 

Internal Referrals

44.         The application was referred to Council’s Landscape Consultant, who reviewed the application and the conditions to be modified.

 

45.         The Landscape Consultant advised that the removal of the conditions requiring protection of the Liquidamber tree on 7 Hanigan Street was reasonable given the approved planting on the site, subject to approval of a Tree Application relating to 7 Hanigan Street, and advised that the removal of this tree from Condition 84(b) was supported, due to the adequacy of the landscape plan applicable to the subject site.

 

46.         It is noted that a tree application was lodged and approved granting consent to the removal of the Liquidamber tree at 7 Hanigan Street.

 

47.         The Landscape Consultant advised that it was also satisfactory to strike out the Eucalyptus sideroxylon from Condition 84(b), as the Officer concurred with the applicant, that this tree is no longer located at 5 Hanigan Street, Penshurst.

 

Developer Contributions

48.         Section 7.11 Contributions were levied on the original DA, this modification does not attract any further contribution fees.

 

Conclusion

49.         The application has been assessed having regard to the provisions of Section 4.55, and Section 4.15 (1) of the Environmental Planning and Assessment Act 1979, the provisions of SEPP (Seniors Housing), SEPP (Infrastructure) and KLEP 2012.

 

50.         It is considered that the modifications would result in a development that is substantially the same as that originally approved. Accordingly, the proposed modifications can be supported.

 

51.         The following conditions have been amended as part of this modification.

·   Condition No.2 – Approved Plans,

·   Condition No. 84(b) and 84(d) tree protection

 

52.         The following conditions have been deleted as part of this modification.

·   Condition 2 (iii) – Landscape of sunken courtyard

·   Condition No 34 –Revised Landscape Plan

·   Condition No 35 –Revised Landscape Plan

·   Condition No 41– Planter beds.

 

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

53.         The reasons for this recommendation are:

·        The modification results in an appropriate landscape response, ensuring that privacy is protected, in accordance with the original development consent of DA198/2007.

·        A Tree Approval was granted with appropriate replacement plantings for 7 Hanigan Street, Penshurst, ensuring that the loss of the Liquidambar is offset by the planting of two native replacement trees. The amendment to conditions regarding the protection of the Liquidambar tree is to reflect this separate decision.

·        The proposed development generally complies with the requirements of the relevant environmental planning instruments, including against the provisions of s4.15 of the EP&Act 1979.

 

Determination

54.         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 Modification Application MOD2020/0221 for amendments to landscaping conditions associated with a Residential Aged Care Facility on Lot 21 DP11492 and Lot 8 DP11492 known as 23 Railway Parade, Penshurst, subject to modified conditions of consent:

 

 

Specific Development Conditions

Modification Ref No:  2020/0221

 

Deferred Commencement

 

(1)       Pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, this consent will not operate until such time as the following requirements of Council are fulfilled.  These requirements are:

 

(i)      The width of the planter beds to the rear of the Centre St properties as indicated on the architectural drawings shall be widened to coincide with the revised landscape plan dated December 2007 prepared by Context:

(ii)     The proposed terrace and bifold doors opening from the dining room between Houses 2 & 3 at fl 43.95 on the south western side of the building shall be deleted and the opening replaced with windows;

(iii)    A revised landscape plan shall be submitted incorporating the requirements of Council’s Landscape Officer   in his memo dated 28 February 2008;

(iv)    A secure lockable gate shall be established at the entry to the pedestrian pathway on Centre St. The design, height and materials of construction are to be reflective of the need to provide security and deter unwanted entry.

 

This Development Consent does not become operative until the above requirements have been satisfactorily addressed but is legally effective and therefore will expire two (2) years from the date of this notice.

 

Prior to the Issue of a Construction Certificate

 

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

 

i. Architectural Plans prepared by Morrison Design Partnership:

·    DA-A0.00-Cover Sheet (architectural version) – Rev J – 16 September 2020.

·    DA-A1-02-Site Plan – Rev F – 2 October 2012

·    DA-A2-01-Level 1 Floor Plan (RL40.30) – Rev V– 15 October 2020

·    DA-A2-02-Level 2 Floor Plan (RL44.00) – Rev A2 – 15 October 2020

·    DA-A2-03-Level 3 Floor Plan (first floor) – Rev W – 15 May 2018

·    DA-A03-01-Proposed Elevations (no trees) – Rev R – 14 May 2018

·    DA-A3-01 – Proposed Elevations – Rev S – 15 October 2020

·    DA-A3-02-Proposed Sections – Rev M– 15 October 2020

·    DA-A03-04 – Detail Sections – Rev G – 16 October 2020

 

(This condition is amended as part of MOD2020/0221 (DA198/2007))

 

ii. Landscape Plans:

·      L-0001-Cover Sheet (landscape version) – Rev B – 9 November 2020

·      L-0003 – Indicative Elevation – Rev A – 15 October 2020

·      L-0004 – Landscape Site Concept – Rev B – 9 November 2020

·      L-3001 – Hardworks Plan – Rev A – 23 May 2018

·      L-4001 – Softworks Plan – Rev A – 25 July 2018

·      L-4002 – Softworks Plan – Rev A – 25 July 2018

·      L-4003 – Softworks Plan – Rev B – 9 November 2020

·      L-4004 – Softworks Plan – Rev B – 9 November 2020

·      L-4005 – Softworks Plan – Rev B - 9 November 2020

·      L-4006 – Softworks Plan – Rev B - 9 November 2020

 

iii.        DELETED

iv.        Stormwater Management Plans prepared by Acor Consultants marked C1.01- Issue 03, C1.02- Issue 03, C2.01- Issue 02, dated 27/6/12.

 

(This condition is amended as part of MOD2020/0221 (DA198/2007))

 

(2)(a)     Compliance with Swimming Pool Act 1992 - The alterations and additions to the aged care residential facility subject of this consent must not generate any non-compliances with the Swimming Pools Act 1992, Swimming Pool Regulation 2008, Building Code of Australia and/or AS 1926.1-2007 - Swimming Pool Safety.  Details of compliance to be illustrated on the plans prior to the issue of Construction Certificate (amended or other).

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

(2)(b)          Swimming Pools - Use and Maintenance - The following apply to the construction, use and maintenance of swimming pools and spas:

 

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

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

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

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

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

(2)(c)   Swimming Pools - Filling with water - The pool/spa shall not filled until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the PCA.

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

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

 

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

 

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

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

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

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

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

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

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

(2)(g)  Compliance with Swimming Pool Act 1992 - The additions and alterations subject of this consent must not generate any non-compliances with the Swimming Pools Act 1992, Swimming Pool Regulation 2008, Building Code of Australia and/or AS 1926.1-2007 - Swimming Pool Safety.  Details of compliance to be illustrated on the plans prior to the issue of Construction Certificate (amended or other).

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

(3)     Payment of the following amounts as detailed below:

 

*Damage Deposit of $ 13,000.00

*Builders Long Service Levy of $ 81,369.00

*Self Design Driveway and Restoration Works Inspection Fee of $ 450.00

*Asset Inspection Fee of $ 110.00

 

(4)       Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

 

(5)       As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

 

No.9 – Kogarah Libraries - building components       $ 12,004.20

No.9 – Kogarah Libraries - books component            $   8,559.00

 

Total                                                                          $ 20,563.20

 

Any of the above Section 94 Contributions Plans may be inspected at the Kogarah Council Customer Service Centre, 84 Railway Parade, Kogarah.

 

(MODIFIED - Modification Ref No: 198/2007/2 – Date of Approval 19/10/09)

 

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

 

No rock breaking or other machinery for the excavation, drilling, cutting or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

 

(i)         A report by a geotechnical engineer detailing the measures recommended in undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii)   The type and size of machinery proposed.

(iii)  The routes of all trucks to convey material to and from the site.

 

(7)       A deposit of $ 13,000 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

 

a)         Construction of new kerb and gutter across the full street frontage in Centre Street

b)         Construction of new 1.5m wide footpath from the north-western boundary of No.3 Centre Street to the edge of the new driveway serving the development.

c)         The area of Council's footpath not required for driveway or pathway being turfed to Council's satisfaction.

d)    All associated road pavement restorations

e)         Construction of the Minor Intersection Treatment (M.I.S.T.) in Centre Street at the intersection of Railway Parade.

 

These works are to be designed and certified by a suitably qualified engineer, surveyor or draftsperson. The design and construction is to be in accordance with Council's 'Specification for Construction by Private Contractors'.”

 

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

 

(9)       A dilapidation report is to be prepared on the condition of the footpath and roadway within the immediate vicinity of the site and submitted to Council.

 

(10)     Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties;

 

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

 

The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.”

 

Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

 

(11)     A copy of Energy Australia’s written requirements are to be forwarded to Council with regard to the laying of underground low voltage electricity conduits within the footpath area across the development site.  Energy Australia will supply the conduits at no charge, subject to the applicant restoring the footpath after the installation.  These provisions are to be put into affect prior to the release of the Occupation Certificate.

 

(12)     The applicant is to confer with Energy Australia to determine if an electricity distribution substation is required. If so, it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Energy Australia. Energy Australia’s requirements are to be met prior to release of the occupation certificate.

 

(13)     Consideration shall be given to the recommendations of the NSW Police in their letter dated 19 July 2007 with respect to crime prevention and safety.

 

(14)     A revised acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with “Development Near Rail Corridors and Busy Roads – Interim Guideline 2008” in the consideration of rail noise and vibration from the adjacent rail corridor in relation to future amplification works resulting in tracks closer to the subject site.

 

(MODIFIED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(15)     The applicant shall provide an accurate survey locating the development with respect to the rail boundary and rail infrastructure.  This work is to be undertaken by a registered surveyor, to the satisfaction of RailCorp’s representation.

 

(16)     The applicant shall request service searches from RailCorp, to establish the existence and location of any RailCorp services structures.  Where RailCorp services are identified the Applicant must discuss and agree with RailCorp how these services are to be accommodated in the development.

 

(17)     The Applicant is to procure a report on the Electrolysis Risk to the development from stray currents, and the measures that will be taken to control that risk.  The Applicant is advised to consult an Electrolysis expert.  The expert’s report must be submitted to RailCorp for review by the Senior Electrolysis Engineer or nominated Electrolysis Section personnel.

 

(18)     To minimise noise from the adjoining road corridor on the occupants, the building shall be designed and constructed in accordance with the recommendations of the acoustic report, prepared by Renzo Tonin & Associates - Reference No. TD636-01F02 (rev 4) and dated 2 July, 2012 approved as part of this application.

 

Details of materials used to acoustically treat the building shall accompany the application for a Construction Certificate.

 

     (This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

(19)     To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or use of the premises intended for the preparation and storage of food shall be designed and constructed in accordance with the requirements of:-

 

a)    Food Act 2003;

b)    Food Regulation 2004;

c)    Food Safety Standards 3.1.1, 3.2.2 & 3.2.3;

d)    AS 4674 – 2004 (Design, construction and fit-out of food premises);

e)    Sydney Water Corporation - Trade Waste Section;

f)     The Building Code of Australia.

 

Certification to the effect shall be provided by an appropriately qualified person and shall accompany the application for a Construction Certificate.

 

(20)     To ensure that adequate provision is made for ventilation of the building mechanical and /or natural ventilation systems shall be provided. These shall be designed in accordance with the provisions of:

 

a)    AS 1668.1;

b)    AS 1668.2;

c)    AS/NZS 3666.1;

d)    The Building Code of Australia

 

Details of all mechanical and or/natural ventilation systems, along with specific certification provided by an appropriately qualified person verifying compliance with the abovementioned requirements, shall accompany the Construction Certificate.

 

(21)     To ensure that adequate provision is made for the cleanliness, hygiene and maintenance of all hairdressing and beauty salons all work associated with the fit-out of the premises shall be designed and constructed in accordance with the requirements of:-

 

a)    The NSW Health Guidelines on Skin Penetration;

b)    Public Health (Skin Penetration) Regulation 2000;

c)    The Building Code of Australia

 

Certification to the effect shall be provided by an appropriately qualified person and shall accompany the application for a Construction Certificate.

 

(22)     A management plan shall be developed by the applicant for the operational performance of the proposed facility that will include restrictions on service vehicle size, including waste collection vehicles as well as the mini bus. This plan shall be submitted to Council for approval prior to the issue of the Construction Certificate.

 

(23)     A Stormwater Detailed Plan and supporting information of the proposed on-site stormwater management system including any measures to control quality and quantity of the stormwater runoff discharged from the site are to be submitted with the Construction Certificate application. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy.

 

The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Stormwater Concept Plan for the proposed development. Any variation to the approved concept design is required to be justified and supported by appropriate details, calculations and information to allow proper assessment of the revised concept design.

 

(23a)   With regard to the deviation of Council's stormwater pipe around the development, the applicant is to provide Council with all calculations and methodology to indicate how the 100 year design flow of 713 litres per second has been determined. The submitted information should include a plan showing that all catchment areas draining to the stormwater pipe have been allowed for in the calculations. Full calculations are also to be provided to show that all sections of the proposed stormwater pipe deviation will have sufficient hydraulic capacity to allow for the 100 year design flow. These calculations must include allowance for hydraulic losses including friction losses and pit losses.

 

(ADDED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(23b)   The Stormwater Management Plans by Acor Consultants Pty Ltd are to be amended to detail the connections associated with the repositioning of the Rainwater tank and Onsite Detention tank.

 

(ADDED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(24)     A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted with the Construction Certificate application. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works. 

 

(25)     Details of the proposed method of stormwater discharge from the property shall be prepared by a suitably qualified hydraulic engineer in accordance with Council’s Water Management Policy, and submitted to and approved by the Council or an accredited certifier prior to the release of the Construction Certificate.

 

(26)     A 150m3 rainwater tank for rainwater storage and reuse is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow from the tank is to be directed to the site drainage system. The mains top-up system is to be installed according to Sydney Water’s guidelines entitled Guidelines for rainwater tank on residential properties: Plumbing Requirements April 2003 and its amendment November 2003.

 

(27)     A 126m3 detention/retention storage for flood control/water quality control is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

 

(28)     A  Minor Intersection Treatment (M.I.S.T.) consisting of a median island, line marking and parking control signs being designed and installed at the applicant's expense in Centre Street at the Railway Parade intersection to control the swept path of vehicles entering and exiting Centre Street.

 

Full engineering details of the M.I.S.T. being submitted to Council for approval prior to the release of the Construction Certificate.

 

(29)     All works must be carried out in accordance with the Building Code of Australia (BCA) with respect to adaptability and accessibility.

 

(MODIFIED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(30)     The Residential Aged Care Facility is to comply with all aspects of the Commonwealth aged care certification standards and the Building Code of Australia.

 

(31)     The recommendations of the Environmental Site Assessment prepared by Environmental Site Investigations marked E21224F-RPT dated June 2007 shall be complied with including the following:

 

a)         A groundwater investigation as described in the report.

 

b)         A remedial action plan (RAP) be prepared for the site.

 

c)         Remediation is undertaken at the site together with validation sampling, analysis and reporting.

 

d)         An appropriate occupational health and safety plan be prepared for the contaminants encountered at the site.

 

All reports, management plans, results of the validation and remediation sampling shall be submitted to Council.

 

(32)     All hazardous materials shall be removed in accordance with the recommendations of the Hazardous Materials Audit & Register prepared by Environmental Monitoring Services (Rep.No. EMS07 5403), dated 31.5.07. All asbestos materials shall be removed prior to the commencement of other demolition and/or refurbishment works. The removal of the asbestos materials shall be in accordance with the requirements of the National Occupational Health & Safety Commission and WorkCover NSW requirements.

 

(33)     All fill material not containing asbestos shall be removed in accordance with the recommendations of the Environmental Site Assessment (Ref:E21224F-RPT) dated June 2007. All materials removed from the site must be transported and disposed in a licensed waste disposal facility in accordance with the requirements of the National Occupational Health & Safety Commission and WorkCover NSW.

 

(34)     DELETED

(This condition is deleted as part of MOD2020/0221 (DA198/2007))

 

 

(35)     DELETED

(This condition is deleted as part of MOD2020/0221 (DA198/2007))

 

(35a)   The proposed lockable gate to the pedestrian access pathway shall be 1800mm in height and the fence construction is to match.

 

(ADDED - Modification Ref No: 198/2007/2 – Date of Approval 19/10/09)

 

(36)     (DELETED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(37)     (DELETED - Modification Ref No: 198/2007/2 – Date of Approval 19/10/09)

 

Site Specific Conditions 

 

(38)     Compliance with all applicable requirements of Council’s Standard Development Conditions.

 

(39)     (DELETED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(40)     (DELETED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(41)     DELETED

(This condition is deleted as part of MOD2020/0221 (DA198/2007))

 

(41a)   (DELETED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(This condition has been deleted as per MOD2018/0075 (DA198/2007/3)

 

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

 

(a)  at the commencement of building works

(b)       prior to covering waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and

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

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

 

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

 

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

 

*Erosion Control

*Earthworks/Excavation

*Building setout

*Concrete reinforcement

*Timber and/or steel framework

*Mechanical/Hydraulic work

*Driveways

*Landscaping

 

(43)     The building finishes are to be constructed in accordance with the colour schedule indicated on architectural plans prepared by Morrison Design Partnership marked DA-A3-01/R dated 2/10/12.

 

(MODIFIED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(44)     The applicant is responsible for the design and construction of suitably graded and drained vehicular access into the property. This includes the internal section of the driveway(s). Vehicular access shall comply with the provisions of AS/NZS 2890.1:2004 Parking facilities. Part 1: Off-street car parking. This will include ensuring that a B85 vehicle as defined within the standard will not encounter scraping due to insufficient ground clearance when accessing the property.

 

Vehicular access is to be designed within the parameters of Council document 'Specification for Construction by Private Contractors' and is to be prepared and certified by a suitably qualified professional engineer, surveyor or draftsperson.

 

(45)     Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 9400.

 

(46)     All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of ten million dollars ($10,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

 

(47)     All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

 

(48)     Car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans. Car parking spaces required to be designated as visitors/customer car parking spaces and marked or signposted accordingly.

 

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

 

(50)     (DELETED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(51)     (DELETED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(52)     (DELETED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(53)     A suitable sign being installed at the top and bottom of the basement car park ramp that prohibits its use by pedestrians.

 

(54)     A suitable sign or other device being installed at the top of the basement car park ramp indicating the available head clearance.

 

(55)     Prior to the commencement of works and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from RailCorp and the Applicant.  These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed.  The submission of a detailed dilapidation report will be required unless otherwise notified by RailCorp.

 

(56)     The Applicant shall provide a Geotechnical Engineering report to RailCorp for review by RailCorp’s Geotechnical section prior to the commencement of works.  The report shall demonstrate that the development has no negative impact on the rail corridor or the integrity of the infrastructure through its loading and ground deformation and shall contain structural design details/analysis for review by RailCorp.  The report shall include the potential impact of demolition and excavation, and demolition- and excavation-induced vibration in rail facilities, and loadings imposed on RailCorp Facilities by the development.

 

(57)     A Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to RailCorp for review and comment prior to the works commencing on site.  It should be noted that RailCorp’s representative may impose conditions on the methods to be used and require the provision of on-site Safe Working supervision for certain aspects of the works.

 

(58)     Should, according to RailCorp’s Representative, any unforeseen risks to rail infrastructure become apparent (eg falling material) the Applicant/Contractor will be required to submit information relating to the attenuation of that risk for approval by RailCorp’s Representative.

 

(59)     The use of any crane, plant or machinery shall comply with the RIC Electrical Safety Manual and all relevant RIC Standards and Guidelines.  Construction equipment such as scaffolding shall not impinge over the rail corridor.

 

(60)     No metal ladders, tapes, scaffolding and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment.  This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor.  No metal ladders are to be used within the rail corridor.

 

(61)     No excavation or boring is permitted within 2.0 metres (measured horizontally) of high voltage underground cable and 1.0 metre (measured horizontally) for low voltage cables.

 

(62)     No plant or vehicle is permitted to encroach the ballast shoulder or track without prior arrangements being made to certify the track for the effects of disturbance.

 

(63)     No infrastructure or equipment is to be placed or installed on the rail corridor without proper assessment by authorized persons to ensure no impact will occur to rail infrastructure. e.g. signal sighting, safety signage, emergency access.

 

(64)     Details of any proposed piling, sheet piling, batter and anchors should be provided to RailCorp for review and comment prior to work commencing.  RailCorp may require the removal of such construction aids.

 

(65)     The developer is required to submit to RailCorp a plan showing all craneage and other aerial operations for the development.

 

(66)     During excavation the Applicant is to observe extreme care to prevent water from collecting on or near RailCorp infrastructure.  It is possible that if water were to pond adjacent to the infrastructure, services could be interrupted.  If this were the case, the applicant/contractor would be liable for the RailCorp expenditure involved with restoring or maintaining alternative services.

 

(67)     No work is permitted within the rail corridor, or it’s easements, at any time unless prior approval or an Access Deed has been enet5red into with RailCorp.  The Applican5t is required to approach RailCorp to determine whether such a Deed is required.  It should be noted that the cost of supervision, design checks, meetings, approvals and service searches is to be borne by the Applicant.

 

(68)     Should the Applicant require access to the rail corridor prior to entering into a Rail Deed, the Applicant is required to enter into a Release & Indemnity agreement, which will cover all railway parties from any possible claims whilst the Applicant is carrying out any work within or adjacent to the railway corridor.

 

(69)     All works are to be carried out in accordance with railway Safeworking rules and regulations, including the Network Rules and Procedures.  It should be noted that RailCorp’s representative might impose conditions on the methods to be used and require the provision of on-site Safeworking supervision for certain aspects of the works.

 

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

 

(71)     To improve the comfort of future occupants, the landscaping and fencing in the plan should be designed to screen views of the rail tracks and reduce exposure to passing trains.

 

(72)     There is a need to ensure that the roots and foliage of trees being planted beside the rail corridor do not have an impact on the rail corridor.  The development landscaping and planting plan should be submitted to RailCorp for review.

 

(73)     The existing common boundary fence is considered adequate and must remain intact throughout the construction works and thereafter.  Should enhancements be desired RailCorp must be contacted to ensure adequate safety measures are taken whilst work is carried out.

 

(74)     The developer must provide a plan of future maintenance activities that will require access to RailCorp’s Facilities.  This plan will be reviewed by RailCorp to ensure that continued access to RailCorp’s Facilities by RailCorp is not impeded, and that the proposed maintenance activities can be supported.

 

(75)     The developer is required to enter into an agreement with RailCorp defining the controls to be implemented in managing the access required and/or the potential impacts of the development on RailCorp, and the involvement of RailCorp staff in ensuring appropriate the appropriate safety and technical standards are complied with throughout the development.

 

(75a)   A detailed design is to be prepared for the deviation of Council's stormwater pipe. The design will include:

 

·     A full scaled plan of the works including a detailed survey of the site and the location of all service lines in the vicinity of the works.

 

·     A full scaled long section of the proposed stormwater pipe, indicating the existing levels, design level of the pipe, location of all stormwater pits and the location and level of all service lines that are in the vicinity of the works. This long section is to show that the pipe can be installed with adequate clearances from all existing underground service lines.

 

·     A typical section of the pipe that shows bedding and backfill details.

 

·     Construction details of all stormwater pits that are to be built or modified.

 

·     The design is to be in accordance with Council's specifications. The applicant is advised to contact Council's Catchments and Waterways section for this information.

 

·     Surveyed confirmation of the assumed invert level of Council's existing stormwater pipe at the downstream connection back into the existing pipe.  This location is at the pit SWP4 on the plans lodged by Acor Consultants Pty Ltd.

 

The design is to be submitted to Council for approval prior to the commencement of construction.

 

(ADDED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(75b)   A detailed design is to be prepared for the new stormwater pipe connecting the Onsite Detention tank to the existing Council stormwater network at the intersection of Railway Parade and Hanigan Street. The design will include:

 

·     A full scaled plan of the works including a detailed survey of the site and the location of all service lines in the vicinity of the works.

 

·     A full scaled long section of the proposed stormwater pipe, indicating the existing levels, design level of the pipe, location of all stormwater pits and the location and level of all service lines that are in the vicinity of the works. This long section is to show that the pipe can be installed with adequate clearances from all existing underground service lines.

 

·     A typical section of the pipe that shows bedding and backfill details.

 

·     Construction details of all stormwater pits that are to be built or modified.

 

·     The design is to be in accordance with Council's specifications. The applicant is advised to contact Council's Catchments and Waterways section for this information.

 

The design is to be submitted to Council for approval prior to the commencement of construction.

 

(ADDED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

(75c)   With regard to the deviation of Council's stormwater pipe and the new stormwater pipe connecting the Onsite Detention tank to the existing Council stormwater network at the intersection of Railway Parade and Hanigan Street, all inspections of the stormwater drainage will be required to be undertaken by a council stormwater engineer. Inspections will be required at the following points in construction:

 

·     Prior to backfilling of pits and pipeline trenches.

·     Prior to casting of any pit.

·     Completion of backfilling of trenches and compaction of backfill.

 

The applicant is to arrange all inspections and give a minimum of 24 hours notice for each.

 

(ADDED - Modification Ref No: 198/2007/3 – Date of Approval 5/3/13 – Council Meeting 25/2/13)

 

General Conditions

 

(76)     Certain items of equipment or forms of construction have been nominated as "fire safety measures" within the building.

 

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building).  The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

 

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

 

(77)     The proposed building is not to be erected at a height greater than that indicated on the approved plan.  This is to be verified by means of a certificate from a Registered Surveyor at ground floor level and at roof frame before the roof covering is installed.

 

(78)     Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work.  The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

 

(79)     Any stormwater connections to the kerb and gutter are to be in accordance with Council's 'Specification for Construction by Private Contractors'.

 

(80)     Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Council’s guidelines and any approved Soil & Water Management Plan and shall incorporate:

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

 

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

 

(81)     Car parking spaces, manoeuvring areas and access aisles shall be provided, paved, drained and suitably marked strictly in accordance with the approved plan.

 

(82)     A directional sign shall be provided at the front of the site indicating the availability of visitor and/or customer parking on site.  Those visitor and/or customer spaces shall be marked or signposted.

 

(83)     All Landscaping and/or Tree Preservation work is to be in accordance with Council’s Landscaping & Tree Preservation guidelines.

 

(83)(a) Tree Protection

Ensure the project Arborist is engaged before excavations and site set out, to initiate and implement proper tree protection measures in accordance with AS 4970 -2009, Protection of trees upon development sites and accurate Tree Protection Zones in accordance with each tree’s (DBH), Diameter at Breast Height so as all trees upon neighbours / rail corridor are protected from construction impacts.

 

(This condition is added as part of MOD2018/0075 (DA198/2007/3))

 

(84)     The existing trees on the site to be retained shall be protected during the construction of the proposed development to the requirements of Council's Tree Management Officer.  Prior to the commencement of any site works, all trees to be retained shall be enclosed with protective fencing, at least 2 metres clear of the trunk of the tree, to prevent the tree trunk and root system being damaged during the construction period.

 

(84a)   Prior to the commencement of any works on the site the tree protection measures required for the established Tree Protection Zone (TPZ) of the trees to be retained shall be installed in accordance with Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

 

Unless otherwise specified in AS 4970-2009 a protective fence consisting of 1.8m high fully supported chainmesh shall be erected around the base of the tree. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed below. 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.

 

There shall be no services installed within the drip line TPZ of t