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DEVELOPMENT ASSESSMENT COMMITTEE

NOTICE OF MEETING
Wednesday, 6 October 2010


30 September 2010


His Worship The Mayor and Councillors

I have by direction to inform you that a meeting of the Development Assessment Committee of the Council will be held at the Civic Centre, Hurstville on Wednesday, 6 October 2010 at 7.00 pm for consideration of the business mentioned hereunder.

Victor G D Lampe
General Manager


BUSINESS

1. Apologies
2. Disclosures of Interest
3. Confirmation of Minutes
4. Consideration of Reports


COMMITTEE MEMBERSHIP

His Worship the Mayor, Councillor P Sansom (Chair)
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor C Hindi
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor S McMahon
Councillor D Perry
Councillor W Pickering
Councillor A Wagstaff
Councillor C Wong


The Quorum for the meeting is 7

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DEVELOPMENT ASSESSMENT COMMITTEE

SUMMARY OF ITEMS
Wednesday, 6th October 2010



ITEMS


DAC096-10 MINUTES: DEVELOPMENT ASSESSMENT COMMITTEE - 01/09/2010 (09/1214)DAC097-10 PNS - 11 BLACKSHAW AVENUE, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF NEW TWO STOREY DWELLING, INGROUND POOL AND DETACHED OUTBUILDING TO REAR (10/DA-192)DAC098-10 PNS - 34 KEMP STREET, MORTDALE - DEMOLITION OF EXISTING STRUCTURES FOR THE CONSTRUCTION OF SMALL LOT HOUSING INCLUDING TWO ATTACHED TWO STOREY DWELLINGS AND ONE DETACHED TWO STOREY DWELLING (10/DA-234)DAC099-10 PNS - 52 MARTIN PLACE, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A RESIDENTIAL FLAT BUILDING CONTAINING SIX X TWO BEDROOM UNITS WITH BASEMENT CAR PARKING AREA (10/DA-251)DAC100-10 HUR - 22 KIMBERLEY ROAD, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO/THREE STOREY DWELLING, REAR CABANA, INGROUND SWIMMING POOL AND FRONT FENCE (10/DA-300)DAC101-10 HUR - 37 PARK ROAD, HURSTVILLE - SECTION 96 MODIFICATION TO DELETE CONDITION 32 OF CONSENT REGARDING UNDERGROUND CABLING FOR A MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT (2001/DA-339REV3)DAC102-10 HUR - 45-51 FOREST ROAD, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A PART TWO/PART THREE STOREY MIXED USE DEVELOPMENT WITH ONE LEVEL OF BASEMENT PARKING (10/DA-182:2)DAC103-10 PK - 30 SAMUEL STREET, PEAKHURST - DEMOLITION OF EXISTING DWELLING HOUSE AND CONSTRUCTION OF TWO TOWNHOUSES AND ONE VILLA (10/DA-191)DAC104-10 PK - 103 OGILVY STREET, PEAKHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTIPLE DWELLING DEVELOPMENT CONTAINING ONE TOWNHOUSE AND THREE VILLAS AND BASEMENT CAR PARKING AREA (10/DA-177:3)DAC105-10 PK - 107 MYALL STREET, OATLEY - DEMOLITION OF EXISTING STRUCTURES, CONSTRUCTION OF A DETACHED DUAL OCCUPANCY AND SUBDIVISION INTO TWO TORRENS TITLE ALLOTMENTS (10/DA-139)DAC106-10 PK - 21 WOODLANDS AVENUE, LUGARNO - ALTERATIONS TO AN EXISTING DWELLING INCLUDING AN ADDITIONAL STOREY (10/DA-128)DAC107-10 PK - 24 BORONIA PARADE, LUGARNO - FIRST FLOOR ADDITION TO EXISTING DWELLING INCLUDING INTERNAL AND EXTERNAL ALTERATIONS (10/DA-246)DAC108-10 PK - 30 LLEWELLYN STREET, OATLEY - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO/THREE STOREY DWELLING AND SWIMMING POOL TO REAR (10/DA-95)DAC109-10 PK - 24 VIEW STREET, PEAKHURST - ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING HOUSE INCLUDING A FIRST FLOOR ADDITION (10/DA-121)
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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC097-10 PNS - 11 BLACKSHAW AVENUE, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF NEW TWO STOREY DWELLING, INGROUND POOL AND DETACHED OUTBUILDING TO REAR


Applicant

Manor Building Consultants Pty Ltd

Proposal

Demolition of existing structures and construction of new two storey dwelling, inground pool and detached outbuilding to rear

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 3.8 Fences Adjacent to Public Roads, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Denis Zekirovski

Existing development

Single storey dwelling house with outbuildings

Cost of development

$858,000.00

Reason for referral to Council

Non compliance with DCP 1

Report author/s

Development Assessment Officer, Mr K Kim

File No

10/DA-192

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes demolition of existing structures and construction of a new two (2) storey dwelling, inground swimming pool and detached outbuilding to the rear of the subject site.

2. The proposal indicates a non compliance with the maximum gross floor area requirement of Development Control Plan No 1 - LGA Wide - Section 4.1 Single Dwelling Houses.

3. No submissions were received in relation to the proposed application.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the demolition of existing structures and construction of a two (2) storey dwelling house, inground swimming pool and detached outbuilding on the subject site. The proposed dwelling is to contain the following:

Ground Floor Level Front porch, entry foyer, lounge, two (2) bedrooms, bathroom, family room, laundry with a side door, kitchen, pantry, meals room and dining room with an alfresco to the rear yard.

Stairs to the first floor of the dwelling are located between the proposed pantry and bathroom on the eastern side of the dwelling.

Parking is proposed via a double garage with a new driveway from Blackshaw Avenue.

First Floor Level Four (4) bedrooms, sitting room and bathroom, the proposed master room includes an ensuite bathroom and walk-in robe. Three (3) first floor balconies are proposed to both the front elevation and the rear elevation of the dwelling.

Inground Swimming Pool

The proposed swimming pool is located between the proposed dwelling and detached garage at the rear of the site with its edge setback 1.5m from the eastern side boundary of the site.

A new pool fence is to be erected around the pool area, which includes the existing 1.8m high dividing fence on the eastern side boundary and 1.2m high pool fence with gate in other parts of the pool fence.

Detached Outbuilding – Rehabilitation/Gym

South eastern corner/rear of the site – A detached rehabilitation gym with a toilet is proposed at the rear of the site. A separate storage area is also proposed for the outbuilding. The proposed outbuilding has an area of 42.79sqm.

The proposed outbuilding has a setback of 0.9m from the eastern side boundary and is to be setback at least 0.9m from the southern side/rear boundary of the site.

It is also noted that gutter and downpipes are proposed to the southern side of the garage. These downpipes are to be connected to a new 2,000L rainwater tank at the rear of the outbuilding.

Front Fence

A new front fence of 1.5m in height is to be built on the frontage of Blackshaw Avenue, consisting of 700mm high rendered masonry and 800mm high vertical batten infill, with gates for the entry and driveway.

Private open space is provided on the side setbacks, front and rear yard of the site in the form of pathways, garden beds and lawn.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site with a frontage of 15.24m, depth of 50.29m and an area of 766.42sqm. The site is located on the southern side of Blackshaw Avenue and is oriented north. Existing on the site is a single storey brick dwelling house, single garage, swimming pool and detached fibro shed in the rear yard.

The existing driveway is located on the north western side of the site. The site has a slight cross-fall from western side to eastern side of the site (across the width of the site) and from the street to the southern/rear boundary of the site.

It is noted that a sewer pipeline runs across the rear yard, which appears to be located in close proximity to the proposed swimming pool area. A standard condition has been included in this report to require Sydney Water’s approval for the works in the vicinity of the sewer line and the details to be submitted at Construction Certificate.

Adjoining the site on the eastern and southern boundaries are single storey dwelling houses and a two (2) storey dwelling house to the west. The area is generally residential in character.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 - Residential. Dwelling houses are a permissible use in the zone. The proposal meets the zone objectives. The development is compliant with the Hurstville Local Environmental Plan 1994.

Clause 15 – Services

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land. Stormwater drainage is proposed to be collected via a charged system and discharge to the kerb and gutter in Blackshaw Avenue.

Clause 22 – Excavation, filling of land

The proposed excavation is considered to have no detrimental impact on the existing drainage patterns and soil stability in the locality and/or the likely future use or redevelopment of the land with the imposition of conditions requiring retaining walls, dilapidation report and standard drainage conditions.

Therefore the proposal is consistent with this clause of Hurstville Local Environmental Plan 1994 (as amended).

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.


2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments which are applicable.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

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

3. Development Control Plans

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

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

DevelopmentRequirementsProvidedComplies
(Residential) Single dwelling House2 spaces for 3+ bedroomsDouble garageYes
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY


The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1.

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

The proposed masonry fence is up to a maximum height of 1.5m above the natural ground level with steel gates at the front boundary, and incorporates visual relief by the use of steel bars for the top part of the fence.

It is considered that the front fence is of reasonable architectural merit and is unlikely to adversely impact upon the streetscape.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.1 SINGLE DWELLING HOUSES

The proposal has been assessed against the requirements of Section 4.1 of Council’s Development Control Plan No 1 – LGA Wide as shown below.

Single Dwelling House ControlsStandardProposedComplies
Site Area766.42sqm
Yes
4.1.3.1 – Maximum Floor AreaSite area (greater than 630sqm, less than or equal to 1000sqm) –
Max. GFA = (Site area minus 630) x 0.3 + 346.50
Max. 387.43sqm
GFA = 416.97sqm (inclusive of the proposed rehabilitation/gym area)
No (1)
4.1.3.2 – Landscaping and Open Space Areas


Principal Private Open Space




Deep Soil Landscaping
Landscaped Area –
Site area
Min. 40% of the total site area = 306.6sqm

* Min. 30sqm

* Min. 5m in any direction
* Ground level/behind building line

* Min. 20% of the total site area
= 153.3sqm (Min. soil depth - 0.9m and Min. width of 2m in any direction)
* Site width >12m: Front yard deep soil area =
Min. 15sqm
Landscaped area = 371sqm or 48%



Principal private open space = 68sqm
Dimensions = 5m x 13.6m
Yes


Deep soil landscaping =
246.3sqm




Front yard = 49.5sqm
Yes



Yes

Yes
Yes


Yes





Yes
4.1.3.3 – Building Height

Max. Ridge Height

Max. Ceiling Height
9m above the existing ground level
7.2m above the existing ground level
8.7m above the existing ground level
6.6m above the existing ground level
Yes

Yes
4.1.3.4 – Setbacks

Front Setback (Building Line)




Side Boundary Setbacks




Eaves


Rear Setback
Min. 4.5m to front wall of dwelling

Min. 5.5m to front wall of garage

* Min. 0.9m to boundary (ground floor wall)

* Min. 1.2m to boundary (first floor wall)

* Min. 0.75m to boundary (first floor)

Min. 3m for ground floor levels

Min. 6m for first floor levels
5.5m


6.1m


1m


At least 1.2m (two storey portion of the dwelling)

0.8m


21.2m


23.4m
Yes


Yes


Yes


Yes


Yes


Yes


Yes
4.1.3.6 – Balconies and Terraces

Access



Privacy
Direct access at same floor level to the balcony from a habitable room

Overlooking shall be minimised by using – Fixed planter boxes (1m width) or privacy screens with a height 1.5m-1.8m
Yes



A condition is required to protect the privacy of the neighbours as follows:

* Privacy screening to the sides of the first floor balcony at rear
Yes



Yes (By condition)
4.1.3.7 – Façade Articulation

Carport and Garages




Building Appearance
Site width >12m: garage doors facing the street must not occupy more than 40% of the width of the dwelling

* Front door/window to a habitable room facing the primary street frontage

* Incorporate at least two of the following building elements facing the street frontage:
* Entry feature or portico
* Awning or other features over windows
* Eaves and sun shading
* Window planter box treatment
* Bay windows or similar features
* Wall offsets, balconies, verandas, pergolas or the like
38% of the width of the dwelling



New bedroom window on the façade faces the street frontage

Entry porch and eaves used on the façade of the dwelling








First floor balconies used
Yes



Yes



Yes









Yes
4.1.3.9 – Visual and Acoustic PrivacyWindows offset by 1mYes
Yes
4.1.3.10 – Solar Design and Energy EfficiencyPrincipal private open space of both subject and adjoining building to receive a min. 3hrs direct solar access between 9am and 3pm in mid-winterYes
Yes
4.1.3.12 – StormwaterTo comply with relevant:
Council policy,
BCA and Australian Standard
Yes
Yes
(1) Maximum Floor Area


The overall Gross Floor Area (GFA) of the proposed dwelling exceeds the maximum allowed by some 29.54sqm in area, inclusive of the habitable floor area of the proposed outbuilding (rehabilitation/gym). This excessive amount in gross floor area is less than the habitable floor area of the outbuilding (35.95sqm in area for the rehabilitation/gym area).

The applicant seeks variation to this requirement, in particular for the additional floor area for the proposed outbuilding (rehabilitation/gym) to provide room for one (1) of the occupants with a disability. This request has been accompanied with an occupational therapy assessment report for the disabled person (this occupational assessment report concedes that the proposed outbuilding is required for rehabilitation program).

Despite having a non compliance with the maximum gross floor area requirement, the proposal is consistent with the objectives for floor area as follows:

* No adverse privacy and overshadowing impacts are envisaged with the proposed dwelling or the outbuilding.

* The proposal provides reasonably sized principle private open space and landscaped areas within the rear yard in excess of Council’s minimum requirements and no significant trees or site features are to be removed as a result of the proposal.

* The bulk and scale of the proposed dwelling is considered to be consistent with the surrounding and desired built form by achieving full compliance with all other controls for single dwelling houses, the proposed outbuilding is not considered to be part of the overall bulk and scale of the proposed dwelling.

As such, this variation to the maximum gross floor area is recommended to be supported.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS

The extent to which the proposed outbuilding complies with the outbuilding controls is outlined in the table below.

OutbuildingsStandardProposalComplies
4.6.2.2 – Size of OutbuildingsArea of outbuildings greater than 80sqm to be approved by Council, if more than 55sqm justification for size needs to be submittedBuilding footprint of the outbuilding = 42.8sqm
Yes
4.6.2.3 – External FinishesLow reflectivityYes - Standard condition to use low reflective roof materials and finishes
Yes (1)
    4.6.2.4 - Maximum Height (preferred)
3 metres from ceiling or top plate height to natural ground levelCeiling-to-ground level = 2.74m
Yes
    4.6.2.6 - Stormwater
To comply with relevant
Council policy,
BCA and Australian Standard
Yes
Yes
4.6.3.1 – Side and rear boundary, and Construction RequirementsDetached outbuildings with walls constructed of masonry (brick) construction – BCASetbacks = 0.9m from the eastern and southern/rear side boundaries
Yes
(1) External Finishes


This will be covered by a standard condition, which states “MI131 - …Roof materials and finishes are to be of low reflectivity…”

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS

The extent to which the proposed development complies with the swimming pool provisions is outlined in the table below.

RequirementStandardProposedComplies
Pool SitingIn-ground swimming pools shall be built so that the top of the pool is as close to the existing ground level as possibleYes
Yes
Pool SitingFilling is not permitted between the swimming pool and property boundaryTo be conditioned
Yes
Pool SitingDrainage not to affect natural environment or adjoining propertiesTo be conditioned
Yes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundaryEast = 1.5m
West = 6.7m
Yes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencingNorth = 1m
South = 1m
West = 1m
East = 1.5m
Yes
5.9.2.2 - Noise Control and NuisancesThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursStandard conditions have been included in this report for noise attenuation measures.
Yes (by condition)
5.9.3 - Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 - Swimming Pool Safety, including signage, access and fencingA fence has been provided around the perimeter of the pool, and the boundary fence on the eastern side of the site act as the pool fence in the other parts. Overall, the proposed fencing is acceptable in preventing direct access.
Yes
5.9.4 & 5.9.5 - Design and Construction of Fencing5.9.4.1 - Option B
No direct access from the building to the pool; new 1.9m high timber screens on the southern and eastern side boundaries form part of the fencing/barrier
Option B Type fence (AS1926.2-2007, 4.2) to be used; complies with the Section 2 of AS1926.1-2007.
Yes
5.9.4 & 5.9.5 - Design and Construction of FencingFencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing, and

Height of any opening between the bottom of the fence and finished ground level shall not exceed 100mm, and

Horizontal rails (horizontal members) shall not be less than 900mm apart;

The top surface of the highest lower rail shall be at least 1.1m below the top of the fence;

The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point
A condition has been imposed to ensure that all these requirements are met during construction.

Can be conditioned for the proposed pool fencing to comply with the Swimming Pools Act and Regulations and AS 1926.


Yes
















5.9.5.3 - Minimum Construction Using GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceTo be conditioned
Yes
4. Impacts


Natural Environment

It is considered that the proposal will have no adverse impact upon the natural environment, subject to the conditions included in this report.

A waste management plan, sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts.

Built Environment

The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments. This is achieved by the compliance with the requirements of the majority of Council’s planning controls with the exception of a minor non compliance that can be supported for the reasons discussed earlier in the report.

In terms of overshadowing, the proposal would allow a minimum of 3 hours to private open space on the south eastern neighbour as required under Development Control Plan No 1 - LGA Wide.

In respect to visual privacy, the proposed first floor balcony will not have any adverse impact on the privacy of the adjoining properties with the provision of privacy screens to the sides of this firs floor balcony at the rear. Also the amount of fenestration facing neighbouring properties to sides has been minimised with a combination of window offsets and high light windows.

Accordingly, it is unlikely that the proposal will have an adverse impact on the built environment.

Social Impact

The proposal is for residential purpose and will not have any adverse social impact.

Economic Impact

The proposal is for residential purposes and no adverse economic impact is envisaged

Suitability of the site

It is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography. The site is not bushfire, acid sulfate affected, nor contaminated.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No neighbour objections were received in relation to the proposed development.

Council Officer Comment

Development Engineer

Development Engineer has considered the proposal and advised that the proposal may be considered for approval subject to the following conditions:

* DR1 (a), which reads “DR1 – ‘e’, a suitably designed charged system connected to the street gutter adjacent to the property frontage.


The above conditions have been included to this effect.


6. CONCLUSION

The proposed development is permissible as per the Hurstville Local Environmental Plan 1994, as amended. The proposal complies with relevant environmental planning instruments and Council’s Development Control Plan No 1 – LGA Wide, with the exception of a non compliance with the maximum gross floor area for the proposed outbuilding. However this non compliant floor area of the outbuilding is considered acceptable and is recommended to be supported for the reasons stated in this report. The proposal has no detrimental impacts on adjoining residents and/or the streetscape and is considered to comply with the objectives of Council’s Development Control Plan No 1.

Having regard to the matters of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the proposal is considered to be satisfactory and acceptable.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 2010/DA-192 for the demolition of existing structures and construction of a new two storey dwelling, inground swimming pool and detached outbuilding to rear on Lot 7, DP 7148 and known as 11 Blackshaw Avenue Mortdale, subject to the attached conditions:
1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
1 of 7, REV B
31 Aug 10
Floor PlansManor Building Consultants Pty Ltd
2 of 7, REV B
31 Aug 10
ElevationsManor Building Consultants Pty Ltd
3 of 7, REV B
31 Aug 10
Sections and DetailsManor Building Consultants Pty Ltd
4 of 7, REV B
31 Aug 10
Landscape PlanManor Building Consultants Pty Ltd
6 of 7, REV B
31 Aug 10
Stormwater Concept PlanManor Building Consultants Pty Ltd
7 of 7, REV B
31 Aug 10
Site Management Plan, Waste Management Plan and Erosion and Sediment Control PlanManor Building Consultants Pty Ltd
--
Received
26 May 10
Schedule of Colours and Finishes
--
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

Demolition Conditions

8. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.

9. DE7 - 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.

10. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

11. DE9 - The developer /builder is to 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 ( i.e. WorkCover or Hurstville City Council). 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.

12. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$1,783.00
26 May 10
333853
Plan First Fee
X
AP35
$549.12
26 May 10
333853
Notification Fee
X
AP12
$127.00
26 May 10
333853
Imaging Fee
X
AP165
$156.00
26 May 10
333853
Long Service Levy
AP34
$3,003.00
Builders Damage Deposit
BON2
$1,500.00
Inspection Fee for Refund of Damage Deposit
DA6
$125.00
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)
PCA Services Fee
DA6
$2,293.95
15. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

16. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) Privacy screens are to be erected to the western and eastern sides of the first floor balcony at the rear. The privacy screens are to be a minimum 1.8m high from the finished floor level of the rear balcony. The privacy screen is to be of a material that cannot be seen through such as translucent glazing. If louvres are installed, they are to be fixed in a position that does not allow viewing of the adjoining development. This condition has been imposed to reduce privacy impacts on adjoining developments.
17. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.18. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

19. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) swimming pool design
(h) retaining walls
(i) stabilizing works

20. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

21. BC5 - Bulk excavation or filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.22. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

23. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.24. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.25. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

26. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the street gutter via a suitably designed charged system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

The design of the proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.

27. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

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


or telephone 13 20 92.28. DR5 - Box Drain - A means of preventing water from pathways and access drives entering the road reserve as surface flow by means of a box drain with 300mm wide grate and frame, or similar, must be installed to collect the surface water and direct it to a Stormwater pit.

29. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

30. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

31. The noise level of the air conditioning unit will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning unit if operated outside these hours must not exceed the background ambient noise level.

32. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.33. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:

(a) The Swimming Pools Act 1992 & Regulation;
(b) Australian Standard 1926 (1986) - Swimming Pool Safety;
(c) Council's Development Control Plan; and
(d) Protection of the Environment Operations Act 1997.

34. SP6 - 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) The swimming pool must not be used for commercial or professional purposes;
(d) Pool water quality must be maintained to Council's satisfaction;
(e) Install a hydrostatic pressure relief valve in the base of the pool (in ground pools);
(f) Provide permanently fixed depth markers at each end of the pool;
(g) Drain paved areas to the landscaped areas; and
(h) Arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

35. All pool/spa waste water must be discharged to the sewer to the satisfaction of Council and Sydney Water.


36. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.37. BC1 - Construction Certificate - No work shall commence until you:

38. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
39. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.40. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.41. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

42. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 43. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

before the commencement of work (and until issue of the Occupation Certificate).44. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

45. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.(b) Floor slabs or foundation wall, before formwork or commencing brickwork.(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.(e) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.(f) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.(g) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.(h) Other. Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

46. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00am and 5.00pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday. A Penalty Infringement Notice may be issued for failure to comply with this condition.

47. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

48. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council’s Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

49. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

50. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

51. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.

52. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

53. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.54. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.55. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

56. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

57. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.58. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

59. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.60. SP2 - Filling with Water - No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.
61. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

62. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

63. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 311005S dated 11 May 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

64. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

65. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.66. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

67. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.68. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).

69. SP4 - Pump Hours -The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:

Monday to Friday (other than a Public Holiday): 7.00 am to 8.00 pm
Saturday, Sunday and Public Holiday: 8.00 am to 8.00 pm

70. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.71. SP7 - Cover - Install a pool cover, to reduce evaporation of water in the swimming pool.

72. SP8 - The existing boundary fence must be renewed/repaired/placed to the satisfaction of Council to provide an effective safety barrier to the pool area.

73. SP9 - No ancillary structures are to be located within the fenced pool area. No additional paving or modification to the landscaped open space area is permitted to that shown on the approved plan.

74. SP10 - All fencing, doors and gates that provide access to the swimming pool must, so long as the swimming pool exists, be maintained in a good state of repair as effective and safe barriers.

75. All doors and gates providing access to the swimming pool must be kept securely closed at all times when they are not in actual use.

76. A separate development application is required for any ancillary structures proposed to be attached to the pool, any additional paving or modifications to the landscaped open space.
77. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

78. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

79. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

80. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

81. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.82. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.83. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.84. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.85. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

86. If you need more information, please contact Development Assessment Officer Mr Kevin Kim on 9330-6263 during normal office hours.

* * * * *


DECISION - DAC

THAT the application be approved subject to a condition requiring the outbuilding and the ground floor of the dwelling to comply with the Australian Standard for Adaptable Dwellings.

(Moved Councillor C Hindi / Seconded Councillor A Istephan)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC098-10 PNS - 34 KEMP STREET, MORTDALE - DEMOLITION OF EXISTING STRUCTURES FOR THE CONSTRUCTION OF SMALL LOT HOUSING INCLUDING TWO ATTACHED TWO STOREY DWELLINGS AND ONE DETACHED TWO STOREY DWELLING


Applicant

Fouad Hazzouri

Proposal

Demolition of existing structures for the construction of small lot housing including two attached two storey dwellings and one detached two storey dwelling

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, SEPP (Building Sustainability Index: BASIX), Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 4.4 Small Lot Housing

Hurstville Local Environmental Plan 1994 interpretation of use

Multiple dwellings

Owner/s

Redan Group Pty Ltd

Existing development

Dwelling house

Cost of development

$654,720.00

Reason for referral to Council

Two submissions received and non compliance with DCP 1

Report author/s

Senior Development Assessment Officer, Mr I Karaman

File No

10/DA-234

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes the demolition of existing structures for the construction of small lot housing including two (2) attached two (2) storey dwellings and one (1) detached two (2) storey dwelling on three (3) existing allotments.

2. The proposal generally complies with Council requirements and Development Control Plan No 1 – LGA Wide - Section 4.4 Small Lot Housing with the exception of the side setback for the detached dwelling.

3. The proposal was notified and advertised in accordance with Council’s requirements and received two (2) objections, which are addressed in the report and by conditions of consent.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of the existing single dwelling and the construction of small lot housing including two (2) attached two (2) storey dwellings and one (1) detached two (2) storey dwelling.

The proposed attached dwellings mirror each other in design with the detached dwelling also similar in design. The three (3) dwellings specifically comprise of the following:

Attached Dwellings

Ground floor
* Entry, living area, kitchen, laundry with toilet, family room, staircase and rear terrace.
* One (1) attached space garage and one (1) parking space in front of garage.

First Floor
* Three (3) bedrooms with two (2) bathrooms.
* Balcony at front and rear both accessed via bedrooms.

Detached Dwelling

Ground floor
* Entry, living area, kitchen, laundry with toilet, family room, staircase and rear terrace.
* One (1) attached space garage and one (1) parking space in front of garage.

First Floor
* Three (3) bedrooms with two (2) bathrooms.
* Balcony at front and rear both accessed via bedrooms.

BACKGROUND

The application was received by Council on the 22 June 2010 with several non compliances to Section 4.4 Small Lot Housing in the Development Control Plan including front setback, height, nil setback for the detached dwelling, roof enclosed light wells for the attached dwellings. A letter was sent to the applicant on 10 August 2010 regarding the non compliances. The application was subsequently amended to comply with the controls under Section 4.4 Small Lot Housing in the Development Control Plan, in particular to address the nil setback for the detached dwelling and to amend the required light wells for the attached dwellings.

The amended plans were received on 19 August 2010, which provided light wells for the attached dwellings and a minimum of 900mm setback for the detached dwelling. These amended plans, however, resulted in other non compliances to rear setback, rear first floor setback, and concealed entry to the detached dwelling.

Further amended plans were lodged by the applicant on 13 September 2010. These latest plans were initiated by the applicant revising the design of the detached dwelling to the previous submitted design of a nil side setback, which is still non compliant with the controls for the detached dwelling under Section 4.4 Small Lot Housing. Other non compliances to rear setback, rear first floor setback, and concealed entry to the detached dwelling have been amended to comply with the requirements.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped allotment of land with a total area of 661.5 square metres. The site comprises of three (3) lots each with a frontage of 6.095m to Kemp Street and an approximate length of 36m to the rear boundary. The property is located on the northern side of the street, and is occupied by a single fibro dwelling and a metal shed at the rear. The land has three (3) mature trees and has a gradual fall to the front with an RL of 35.91 at the rear of the land to an R.L. of 35.08 at the front. Fencing around the site generally consists of colourbond fencing.

Adjoining the site along the eastern boundary is a single storey fibro cottage at 32A Kemp Street and at the western boundary of the site is a single storey brick dwelling at 36 Kemp Street. To the rear of the site is a villa development. The area generally consists of a mix of mainly single and two (2) storey dwellings ranging with varying architectural styles and newly constructed small lot housing consisting of two (2) attached two storey dwellings.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLANThe land is zoned 2 - Residential under the provisions of the Hurstville Local Environmental Plan 1994 and the proposed small lot housing is permissible in the zone with consent.

The objectives of the zone 2 - Residential are as follows:

It is considered that the proposed development generally satisfies the above stated objectives (b) and (e) within the zone as follows: * That is the proposal aims to allow for a variety of housing types within existing residential areas and encourages greater visual amenity by requiring landscaping and permitting a greater variety of building materials and flexibility of design.

Clause 14 – Tree preservation ordersIn regards to this provision of this clause, there are three (3) trees on site proposed to be removed. However, should consent be granted, the landscape plan has proposed natives trees and further soft landscaping on the land to further improve the vegetation system on the site.

Clause 15 – Services

Pursuant to Clause 15 water supply, sewerage and drainage infrastructure is required to be available to the land. It is considered the above services can be provided to the proposed development on the land with stormwater to be drained by gravity to Council's kerb and gutter.

Clause 22 – Excavation, filling of land

The proposal does not involve any significant excavation and is considered unlikely to disrupt existing drainage patterns or soil stability in the area.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LANDThe subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensures dwellings are designed to use less potable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

2. Draft Environmental Planning Instruments

There are no specific draft environmental planning instruments relevant to the proposal.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

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

3. Development Control Plans

The proposal has been assessed in respect to the relevant sections of Council’s Development Control Plan No. 1 – LGA Wide as set out below.

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

The proposal has been assessed against the parking requirements for small lot housing under in accordance with Section 3.1 in Development Control Plan No 1 – LGA Wide as shown in the following table.

Car ParkingRequiredProposedComplies
Residential –
Townhouses and Villas
1 spaces per dwelling and 1 driveway space
= 6 spaces required
1 per garage in dwelling and 1 per driveway of each dwelling.

Total of 6 spaces provided.
Yes
Driveway Width 2..7m - 4.5 single entry width or combined 6.0mCombined 6.0m +
Separate 3m driveway
Yes
The proposal is considered to comply with the above requirements of Development Control Plan No 1 – LGA Wide – Section 3.1 Car Parking.


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

The proposal has been assessed against the security measures required for small lot housing under Development Control Plan No 1 – LGA Wide as shown in the following table.

DCP No. 1 – CPTEDRequired Proposed Complies
Fencing Allows natural surveillance to street front fences to be no higher than 1m or allow open transparent fence if higherOpen surveillance to street is available with no front fencingYes
Blind CornersTo be avoidedCorners generally avoided with an open designYes
Communal AreasProvide opportunities for natural surveillanceNatural surveillance available from within the dwellingYes
EntrancesClearly visible and not confusingEntrances located at front elevationsYes
Site and Building Layout- Provide surveillance opportunities;
- Building addresses street;
- Habitable rooms are directed towards the front of the building;
- Garages are not dominant at street frontage;
- Offset windows.
Proposal does not contravene these requirementsYes
Landscaping- Avoid dense medium height shrubs;
- Allow spacing for low growing dense vegetation;
- Low ground cover or high canopy trees around play areas, car parks and pathways;
- Avoid vegetation which conceals the building entrances.
Proposed landscaping has appropriate plant species and is uncluttered with a general open designYes
Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy
efficient
Lighting proposed shall be conditioned to comply with AS4282:1997 in regard to light spillageYes
Building Identification- Clearly numbered buildings;
- Entrances numbered
- Unit numbers provided at entry.
Numbering to entrances required to be conditionedYes
SecurityProvide an appropriate level of security for individual dwellings and communal areas to reduce opportunity for unauthorised accessAppropriate security to be conditioned with appropriate lighting and security sensor lights at pathways and driveways with entry doors and garages fitted with glass panels for natural surveillanceYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipBoundary and internal fencing proposed will convey sense of ownershipYes
Accordingly, the proposal is considered to conform to the objectives of Section 3.4 of Development Control Plan No 1 – LGA Wide.


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

The proposal has achieved a BASIX Certificate as required, and north facing living areas have been provided where possible and accordingly the proposal generally complies with the objectives of Section 3.5 of Development Control Plan No 1 – LGA Wide.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.4 SMALL LOT HOUSING

The proposal has been assessed against the security measures required for small lot housing under Development Control Plan No 1 – LGA Wide as shown in the following table.

Small Lot Housing DCP No. 10
Standard
Proposal
Complies
Option No. 7(a)3 x 6m frontage3 x 6m frontageYes
Front Setback5.5m5.5mYes
Rear Setback12m12.m –attached
12m - detached
Yes
Side Setback1m for attached and 900mm for detached 1m - attached
nil - detached
Yes
No (1)
Rear First Floor Setback from Ground Floor Alignment3-5m depending on front first floor setback3m – attached
3m – detached
Yes
Yes
Footprint of First FloorFirst Floor must be 5m shorter than ground floor footprint5m –attached
5m - detached front
Yes
Yes
Floor Space Ratio Maximum0.650.59:1Yes
Maximum External Wall Height6m6m Yes
Maximum Ridge Height9m 7.4mYes
Recommended Roof PitchExisting or 25-35 degrees3 degrees Flat roof permitted
Yes
Side Setback for Side Lightwells (if applicable)2.5m 2.5m Yes
ParkingOne (1) covered plus one (1) driveway spaceOne (1) covered plus one (1) driveway spaceYes
First Floor Rear Balcony DepthMaximum 2m2.4m –attached
2.25m -detached
No (2)
Habitable Roof SpaceMinimum 1.7mN/AN/A
Excavation of Natural Ground Level for Finished Ground FloorMaximum 500mmMinimal excavation under 500mmYes
Water Resistant SurfacesMust not exceed 20% of total landscaped areaLess than 20% of
of total landscaped area
Yes
Deep Soil40% of total landscaped area must be capable of growing trees65% - attached
61% - detached
Yes
Yes
Principal Private Open SpaceMinimum 4m x 5m7.5m x 4m - attached
7.5m x 4m - detached
Yes
Yes
Garage RecessMinimum 300mmMin 300mmYes
DrivewaysMinimum 3m per dwelling houseMinimum 3m per dwelling houseYes
Privacy ScreensMax. 1.8m high1.5m highYes
LightwellsNo access to side passagewayTo be conditioned Yes
OvershadowingMinimum 3 hours of sun between 9am-3pm to private open space and adjoining rear yardsMin. 3 hours of sun between 9am-3pm to private open space and adjoining rear yards providedYes
Garbage AreaMinimum 3m x 1m per dwelling houseProvided 3m x 1m Yes
StorageMinimum 6 cubic metres per dwelling houseProvidedYes
Outdoor Clothes DryingMinimum one (1) per Dwelling HouseProvidedYes
(1) Side Setback


The required side setback is 900mm for a detached dwelling on allotment width of 6.095m in accordance with the Development Control Plan. The latest amended plans received by Council on 13 September 2010 provide for a nil side setback with no windows on the western boundary, whilst a 900mm side setback on the eastern boundary is provided. This proposed design allows the ground floor entry to be visible from the street elevation, when considering the provision for garaging.

Providing a 900mm setback from the boundary results in a narrower building with a width of 4.3m and is difficult to provide for a front entry, which is visible from the street. The entry to Dwelling A would be located and concealed behind the garage and would not comply with Council’s Development Control Plan No 1 – LGA Wide - Section 3.4 Crime Prevention Through Environmental Design.

In comparing the above two (2) options with respect to streetscape, the wider building as Dwelling A appears to be proportional in size and height with the attached Dwellings B and C and provides for a visible ground floor entry to the dwelling, which is compliant with Council’s Development Control Plan No 1 – LGA Wide - Section 3.4 Crime Prevention Through Environmental Design. Accordingly, the proposed nil setback for the detached dwelling is acceptable and preferable as a wider building as compared to a narrower building with a 900mm side setback.

(2) First Floor Rear Balcony Depth

Rear first floor balconies are to be limited to a depth of 2m, whilst providing for a roof over the ground level and are to include side screening to minimise overlooking into rear yards. The depth of the first floor rear balconies is 2.4m for the attached dwellings and 2.25m for the detached dwelling. No justification has been provided by the applicant for the depth of the rear balconies. Accordingly, it is recommended that a condition be imposed to minimise the depth of the rear balconies to 2m.

4. Impacts

Natural Environment

It is considered unlikely the proposal will have a detrimental impact on the natural environment.

Built Environment

The proposed development involves the redevelopment of the land previously occupied by a single older style dwelling. The proposed location of the three (3) new small lot houses on the land is considered to be an overall improvement to the streetscape appearance and will further add and complement the surrounding new dwellings in this street and locality.

Social Impact

The proposal is considered to be beneficial in terms of providing additional housing for the locality.

Economic Impact

The proposal is for residential purposes and is unlikely to have any adverse economic impacts.

Suitability of the Site

The site is not affected by any known environmental risk factors, and is therefore considered to be suitable for the form of development as proposed.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. As a result two (2) submissions were received, which are summarised below.

Colour – Buildings

Concern regarding colourbond on the building to be not of a light or reflective colour that may cause glare and requests that a colour with a solar absorbance of at least 0.584 be used.

Comment: It is recommended that a condition be imposed that any colourbond material used is of a relatively darker colour to ensure that such proposed colours will have minimal reflective glare to neighbours.

Privacy

That the rear frameless glass balustrade be changed to have an opaque material due to privacy concerns. The rear balcony will have line of sight into a rear courtyard, bathroom and one (1) bedroom. An opaque material will improve privacy for the new occupants and neighbours.

Comment: It is recommended that a condition be imposed that the rear glass balustrade on the first floor be of an opaque material to further improve privacy between occupants of the new dwellings and neighbouring properties at the rear.

Raised rear section of the garden

Concerned over plans for a raised rear section of the garden and require that the minimum height from the ground to the current fence line be maintained, if necessary by the installation of a new fence.

Comment: The proposal does not aim to raise the levels of the rear yard. There is a proposed terrace attached to the rear of the dwelling, however, the proposed level of an R.L 35.865 with a rear setback of approximately 7 metres is still less or approximately at the same existing level at the rear yard being R.L 35.9. In addition, there are no proposed changes to rear boundary fence.

Parking

Three (3) driveways will reduce the amount of off-street parking on Kemp Street. There is a bus stop close to the development in question. This reduction in street parking will have a flow on to surrounding properties.

Comment: The existing site has two (2) driveways and the proposal will provide for a combined 6m driveway and a single 3m driveway. Whilst the proposal will increase the length of one (1) existing driveway, the proposal will comply with Council’s parking and driveway requirements and will provide a total of six (6) off-street car spaces. Furthermore, the proposal is unlikely to impact upon the bus stop, which is located nearer to the corner of Kemp Street and Delves Street.

Council Referrals

Tree Management Officer

There were no objections were raised by Council’s Tree Management Officer to the removal of three (3) trees on the site.


6. CONCLUSION

The proposed small lot housing seeks approval for two (2) attached dwelling and one (1) detached dwelling on three (3) existing allotments of land. An assessment under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 have been undertaken. It is considered the proposal is suitably designed and generally complies with the requirements of Section 4.8 Multiple Dwellings of Development Control Plan No 1 – LGA Wide with the exception of side setback for the detached dwelling, which is discussed in the report. All submissions have been adequately addressed. Accordingly, the application is recommended for approval subject to conditions of consent.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act,1979, as amended, the Council, grants development consent to Development Application 10/DA-234 for the demolition of existing structures for the construction of small lot housing including two (2) attached two storey dwellings and one (1) detached two storey dwelling on Lot 50 DP 3181 and known as 34 Kemp Street, Mortdale, subject to the attached conditions:
1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 -Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.3. Subdivision - No approval is expressed or implied to the subdivision of the subject land or dwellings. For any future Strata/Torrens subdivision, a separate development application is required to be submitted and approved by Council.

4. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

5. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.6. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.

7. PR1 - Prescribed Conditions of Development Consent
This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs

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

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

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

(c) stating that unauthorised entry to the work site is prohibited


This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of
(i) the name and licence number of the principal contractor

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


(i) the name of the owner builder

(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit
If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

8. MI130 - Slip Resistance (applies to all Class 2 to 9 Buildings) - This is not a BCA/DCP/Policy requirement

MI130.1 - Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials.

Note: SAA/SNZ Handbook 197:1999 - An Introduction Guide to the Slip Resistance of Pedestrian Surface Materials may assist in the use of AS/NZS 4586:2004.

Demolition Conditions

9. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.

(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.

(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:

(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.

(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.

(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.

(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.

(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.


10. DE7 - 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.

11. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

12. DE9 - The developer /builder is to 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 ( i.e. WorkCover or Hurstville City Council). 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.

13. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

14. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.

15. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
16. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

17. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The colour of the colourbond roof is required to be of a dark colour to minimise reflective glare to neighbouring properties.

(b) The rear glass balustrade on the first floor of all the dwellings is consist of an opaque material to further improve privacy between occupants of the new dwellings and neighbouring properties at the rear.(c) The maximum depth of all first floor rear balconies shall be restricted to 2m. 18. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.19. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:
20. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) retaining walls
(h) stabilizing works

21. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

22. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.23. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

24. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.

25. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.

26. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

27. PU1.1 - Sydney Water - Access to Water and Waste Water Services - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" 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 with the application for a Construction Certificate.

28. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

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


or telephone 13 20 92.29. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the street gutter in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

On-site infiltration via an absorption trench is only permitted for surface water runoff such as driveway/footpath, and such trenches must be located at least 3m from any property boundary and be constructed at across the contour of the land.

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

The design of the proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.30. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

31. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

32. The noise level of any air conditioning units will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning units if operated outside these hours must not exceed the background ambient noise level.

33. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS 1668 as applicable.34. DR13 – All stormwater shall drain by gravity to Council’s kerb and gutter.

35. DR11 - Stormwater drainage plans - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer 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.
36. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or
(i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and




(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and

(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and



Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.

37. BC1 - Construction Certificate - No work shall commence until you:


38. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:39. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.40. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

41. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

42. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 43. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:
44. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.45. ST2 - Engineer's certificate -A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted before the commencement of work.46. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:
(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

47. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:
(a) Setout before commencing excavation.
(b) Floor slabs or foundation wall, before formwork or commencing brickwork.
(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.
(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.
(e) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.
(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.
(g) Other.

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

48. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday.


A Penalty Infringement Notice may be issued for failure to comply with this condition.

49. BC5 - Bulk Excavation or Filling Levels - The bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.

50. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

51. MI130.2 - Slip Resistance - Details relating to the type of pedestrian surface materials to be used in areas such as the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units, the location of each type of surface material, the slip resistance classifications of those materials as determined through test methods using wet or dry conditions, and verification by way of, for example, copies of test reports issued by the CSIRO, that the pedestrian surface materials comply with AS/NZS 4586:2004 must be submitted to either Council or accredited certifier before installation of such materials.52. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.

53. MI133 - Erect a separate letterbox for each dwelling and install with rivets, metal numbers on each letterbox. These numbers are to be No. 34 for dwelling C and No. 34A for dwelling B and No. 34B for Dwelling A.

54. MI3 - The dwelling number, at least 50mm high, must be provided to the entry door to each dwelling. In this regard, the units, villas, dwellings, townhouses are to be known as numbers No. 34 for dwelling C and No. 34A for dwelling B and No. 34B for Dwelling A.55. MI6 - A minimum of 7.5 metres of clothes line is to be provided per unit.

56. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council's Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

57. MI21.1 - Internal Driveways - Internal driveways, entered from the footpath, shall be designed to conform with Council's Development Control Plan. Regard shall be given to crossfall, in longitudinal profile, of the footpath in the design of footpaths.

58. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

59. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

60. PV7 - Residential Parking Requirements for Less than 4 Units – Six (6) resident car spaces are to be provided in accordance with the approved plans.61. WA1 - On site storage is to be provided for the following waste containers for each sole occupancy unit in the development:
(a) Domestic Waste - 1 x 120 litre Mobile Garbage Bin (MGB);
(b) Domestic Recycling - 1 x 240 litre MGB;
(c) Green Waste - 1 x 240 litre MGB. Each waste and recycling receptacle shall be stored within the confines of the open space area of the lot it is to service. Each of the bins must be presented to the kerbside for collection.62. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.63. LA5 - Wheel Stops - The developer must install wheel stops to all parking spaces fronting landscape beds.64. LA6 - Common Taps - The developer must provide a common tap/taps or an irrigation system to enable all landscape works to be adequately watered.65. LA7 - Protection of Tree Roots - Underground services shall be routed to avoid existing tree root zones. Where trenching for services is unavoidable, any roots larger than 25mm in diameter shall be conserved and services placed below the roots.66. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 67. PU11 - Water, Waste Water, Electricity, Gas and Telecommunications - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

68. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

69. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

70. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.71. Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

72. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

73. PU1.2 - Sydney Water - Access to Water and Waste Water Services - The Section 73 Certificate must be submitted to the Principal Certifying Authority before occupation of the development/release of the plan of subdivision.

74. LA1 - Completion to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be completed before the issue of the occupation certificate.

75. MI130.3 - Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. A Compliance Certificate must be submitted to either the Council or accredited certifier detailing the results of the slip resistance measurements and that the pedestrian floor surfaces comply with AS/NZS 4586:2004 before occupation.

76. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.

77. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 316363M_02 dated 17 August 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

78. PV17 - Removal of Redundant Crossings and Restoration of Kerb/Gutter/Footpath - Any existing vehicular crossings which are redundant must be removed, and the kerb (and any footpath) restored at your expense, by either prepayment to Council to:

(a) Construct a 1.50 metre wide x 80mm thick concrete path in Samuel Street, for the full length of the frontage of the site.
(b) Construct a 150mm thick concrete crossing reinforced with F72 fabric.
(c) Replace all redundant laybacks with kerb and guttering, and redundant concrete with grass.


(a) Council's conditions and specifications, including payment of asphalt infill repairs.
(b) Payment of Council's administration fee listed in our Schedule of Fees and Charges

(c) No stencilled or coloured concrete may be used outside the boundary of the property.

79. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.80. LA4 - Parking on Landscaped Areas - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.

81. MI130.4 - Slip Resistance - The pedestrian surface materials in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any residential units must be maintained on a regular basis which must include, as part of the maintenance programme, inspections and testing of the floor surfaces which must be carried out in accordance with AS/NZS 4663:2004 - Slip Resistance Measurement of Existing Pedestrian Surfaces.

82. PV7 - Residential Parking Requirements for Less than 4 Units – six (6) resident car spaces are to be provided in accordance with the approved plans.

83. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.
84. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

85. If you are not satisfied with this determination, you may:
86. AD1 - Dial Before you Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of:
For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

87. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

88. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.89. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.
90. AD7 -Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.91. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.92. AD11 - Other approvals required - Where it is proposed to: an appropriate application for a construction zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

93. If you need more information, please contact Senior Development Assessment Officer Ilyas Karaman on 9330-6169 during normal office hours.

* * * * *


DECISION - DAC

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor A Wagstaff)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC099-10 PNS - 52 MARTIN PLACE, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A RESIDENTIAL FLAT BUILDING CONTAINING SIX X TWO BEDROOM UNITS WITH BASEMENT CAR PARKING AREA


Applicant

Architecture and Building Works

Proposal

Demolition of existing structures and construction of a residential flat building containing six x two bedroom units with basement car parking area

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development, Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environmental Plan 1994 interpretation of use

Demolition and residential flat building

Owner/s

Phillip Moussa

Existing development

Two storey dwelling house with outbuildings

Cost of development

$1,050,000.00

Reason for referral to Council

Non compliances with DCP 1 and seven submissions received

Report author/s

Senior Development Assessment Officer, Ms P Bizimis

File No

10/DA-251

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks permission to demolish the existing structures and construct a residential flat building containing six (6) x (2) bedroom units with basement car parking area.

2. The proposed development has been assessed against the requirements of the relevant planning instruments and development control plans and does not comply with the design quality principles of SEPP 65 and with the requirements of Development Control Plan No 1 in terms of privacy, roof pitch, street frontage, density, landscaped open space, number of storeys, private open space, front boundary setback, rear boundary setback, side boundary setback, location of private open space, storage areas, overshadowing, and crime prevention through environmental design principles.

3. The application was notified/advertised in accordance with Council’s requirements and seven (7) submissions were received in reply. The issues raised in the submission are detailed in the report.


AUTHOR RECOMMENDATION

THAT the application be refused for the reasons stated in the report.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks permission to demolish the existing structures and construct a residential flat building containing six (6) x (2) bedroom units with basement car parking area. Details of the development are as follows:

Basement Level

The basement level will contain eight (8) car spaces and stairs which give access to the floors above.

Ground Floor

The ground floor will contain two (2) x two (2) bedroom units (Units 1 and 2). Each unit will contain dining room, living room, kitchen, bathroom, laundry, ensuite, and two (2) bedrooms. Unit 1 will have a balcony located on the rear elevation and a balcony to each bedroom. Unit 2 will have a courtyard located at the front of the unit within the front setback area and a balcony to each bedroom. The balconies to all bedrooms will be located on the south elevation.

First Floor and Second Floor

The first floor and second floor have the same layout. Each floor will contain two (2) x two (2) bedroom units with each unit containing dining room, living room, kitchen, bathroom, laundry, ensuite and two (2) bedrooms. Each unit will have a balcony with access off the living room and dining room and a balcony to each bedroom. On each floor one (1) balcony will be located on the front elevation and the rear elevation of the development. The balconies to the bedrooms will be located on the south elevation.

BACKGROUND

Pre Development Application Meeting

On the 23 February 2010 a pre development application consultation was held regarding the proposed residential flat building. In the minutes of the meeting provided to the applicant the following comments, amongst others, were provided:
It is noted that the proposed development, the subject of this application is the same as that presented to the pre development application consultation. That is, the development has not been amended to address the issues raised in the pre development application consultation.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the western side of Martin Place near the corner of Boundary Road. The site contains two (2) lots (Lot 48 and 49 in DP 2921). The site has a combined frontage to Martin Place of 12.19m and a total site area of 436.4sqm. Existing on the site is a two (2) storey dwelling house with outbuildings. Adjoining the site to the north is a four (4) storey residential flat building and adjoining the site to the south is Mortdale Memorial Park with the children’s playground immediately adjoining the subject site. To the rear of the site is a four (4) storey residential flat building. On the opposite side of Martin Place are residential flat buildings and multiple dwelling developments.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The subject site is zoned 2 - Residential and the proposed demolition of existing structures and construction of a residential flat building is permissible in the zone with the consent of Council.

Clause 14 – Tree Preservation Orders

One (1) Jacaranda tree on the site is to be removed to accommodate the proposed development. Council’s Tree Management Officer has raised no objection to the removal of the tree. The removal of the tree will have no adverse impact on the subject site.

Clause 15 - Services

Plans submitted with the application show that stormwater can drain by gravity to the kerb and gutter in Martin Place. It is also noted that the proposed development is located on an allotment that provides adequate disposal of sewerage.

Clause 22 – Excavation, filling of land

The subject site will be excavated to accommodate the proposed basement to the development. The excavation of the site is unlikely to disrupt or have a detrimental effect on the existing drainage patterns and soil stability in the locality. The basement has been taken into consideration in the assessment of the drainage of the site.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated. Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

STATE ENVIRONMENTAL PLANNING POLICY NO 65 – DESIGN QUALITY OF RESIDENTIAL FLAT DEVELOPMENT (SEPP 65)

The application was referred to the Design Review Panel for comment. The comments of the Panel are provided in the section of this report entitled “External Referrals”. Notwithstanding this, the proposed development has been assessed against the provisions of SEPP 65 and does not comply with the following:

Design Quality Principle 4: Density

The proposal exceeds the maximum density requirements of Development Control Plan No 1. Development Control Plan No 1 requires a maximum density of 105sqm per dwelling for residential flat buildings. The six (6) dwellings proposed require a site area of 630sqm and the site area of the subject site is 436.6sqm (72.76sqm per dwelling). The proposed density is not consistent with the stated desired future density identified for the subject site. Accordingly, the proposal is not consistent with Principle 4: Density.

Solar access

The Residential Flat Design Code (RFDC) which accompanies SEPP 65, identifies that living rooms and private open spaces for at least 70% of apartments in the development should receive a minimum of three (3) hours direct sunlight between 9am and 3pm in mid winter. The shadow diagrams submitted with the application show that 50% of apartments will receive direct sunlight into the living rooms and 50% of apartments will receive direct sunlight to their private open spaces. As such, the proposal does not comply with Design Principle 7; Amenity.

Storage facilities

The RFDC identifies that storage facilities be provided per dwelling at the rate of 6m³, 8m³, and 10m³ per 1 bedroom, 2 bedroom, and 3 bedroom dwelling, respectively. No storage areas are provided. (Development Control Plan No 1 requires each dwelling to have a storage area of a minimum 6m³). In this regard the proposal does not comply with Design Quality Principle 7: Amenity.

Building entry

The RFDC identifies that the building entry should be orientated towards the street and provide clear sight lines between entrances, foyers and the street as better design practice. The building entry to the development is located on the side elevation of the development. The entry is not well defined, is not visible from the street and provides a poor interface between the entry points to the building and the street (public domain). The location of the entry is also not consistent with the principles of crime prevention through environmental design. In this regard the proposal does not comply with Design Quality Principle 8: Safety and Security.

2. Draft Environmental Planning Instruments

There are no draft planning instruments that apply to this application.Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.3. Development Control Plans

The proposal has been assessed under the relevant sections of Development Control Plan No 1 as follows.

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

Section 3.1 StandardPlanComplies
Car Parking : 1 space per 1 or 2 bedroom unit 6 spaces6 spacesYes
Visitor parking for 4 or more dwellings (6 dwellings proposed) 2 spaces2 spacesYes
Car washing area1 space (which can be a visitor space)Not providedNo, but if this proposal was approved, could be provided in a visitor space
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

Section 3.4 StandardPlanComplies
FencingAllows natural surveillance to streetPrivate open space forward of the building line reduces surveillance and interface with the streetNo (1)
Blind CornersTo be avoidedNo blind corners evidentYes
Communal AreasProvide opportunities for natural surveillancePrivate open space area is visible from the dwellings. Communal area visible from dwellings.Yes
EntrancesClearly visible and not confusingThe entry area is not clearly visibleNo (2)
Site and building Layout-Provide surveillance opportunities
-Building addresses street
-Habitable rooms are directed towards the front of the building
-Garages are not dominant
-Offset windows
Natural surveillance of the street is available from ground floor windows and first and second floor windows and balconiesYes
Landscaping-Avoid dense medium height shrubs
-Allow spacing for low growing dense vegetation
-Low ground cover or high canopy trees around car parks and pathways
-Vegetation used as a barrier for unauthorised access
Landscaping proposed is appropriate and as per landscape plan although deep soil planting is not providedYes
Lighting-Diffused/movement sensitive lighting provided externally
-Access/egress points illuminated
-No light-spill towards neighbours
-Hiding places illuminated
-Lighting is energy efficient
These requirements can be conditions of consent Yes
Building Identification-Clearly numbered buildings
-Entrances numbered
-Unit numbers provided at entry
House number requirement can be a condition of consent Yes
SecurityProvide an appropriate level of security for each dwelling and communal areasAppropriate level of security provided for the dwellingsYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipOwnership impliedYes
(1) Fencing


The principles of crime prevention require that fencing to the site allows natural surveillance to the street. Unit 2 has its entire open space area located in front of the building line. This will necessitate a fence of at least 1.5m high being provided on the front boundary to provide privacy to the private open space area. This does not allow surveillance of the front of the site and the street and provides a poor interface between the development and the street.

(2) Entrances

The building entry to the development is located on the side elevation of the development, more then 16m from the boundary. The entry is not well defined, is not visible from the street and provides a poor interface between the entry points to the building and the street (public domain). The location of the entry is not consistent with the principles of crime prevention through environmental design.

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

A BASIX Certificate has been submitted with the application. The development meets the minimum target scores.

The proposed development will result in the adjoining children’s’ playground in Mortdale Memorial Park being overshadowed between 9am and approximately 2pm on 21 June. As such the children’s playground will be in shadow for most of the day on 21 June. The overshadowing to the park is a result of the height of the development and the reduced side setback of the development being 1.11m (from the common boundary the subject site shares with the park). Although the overshadowing does not relate to a residential property, it is still considered to be unacceptable as there is a reasonable expectation that a children’s playground should receive sunlight during the winter season.

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

The proposed development can drain in accordance with the requirements of Development Control Plan No 1. Council’s Manager - Development Advice has raised no objection to the drainage of the development subject to conditions of consent being attached to any consent granted.

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

A Waste Management Plan has been submitted with the application which is acceptable. A waste area has been provided to the site adjoining the northern (side) boundary.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

Section 4.3: Development Area D Controls
Standard
Proposal
Complies
Solar AccessAdjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 JuneAdjoining children’s playground does not receive at least 3 hours of sunshine between 9am and 3pm on 21 June.No (1)
Privacy and viewsMinimum window distances of 9m for first 2 floors and 12m for the third floorWindows adjoining development at 50 Martin Pl are corridor windows and are less than 9m and 12m. However, can be translucent glazing to minimise privacy impacts.No (2)
RoofsRoof pitch to be between 22 ° and 35°Flat roofNo (3)
Minimum Street Frontage24m12.19mNo (4)
Residential Density (site area/unit)105sqm per dwelling
(6 dwellings proposed) = 630sqm
436.6sqm (72.76sqm per dwelling)No (5)
Landscaped Open Space45% of site area

Min 20% impervious area

Min 40% capable of growing substantial trees
36% of site area

31.6% impervious area


3% capable of growing substantial trees
No (6)
Front Site Height Maximum12m<12mYes
Rear Site Height Maximum12m<12mYes
Front Site Storeys Maximum3 storeys4 storeysNo (7)
Rear Site Storeys Maximum3 storeys 4 storeysNo (8)
Minimum Private Open Space Area12sqm for balconies (above ground level) and ground level 50sqm (4 x 4) for less than 3 bedrooms and 60sqm (4 x 6) for 3 or more bedrooms12sqm for above ground level and approx 13sqm for ground floor unitsNo, for ground floor units (9)
Minimum Dimensions of Principal Private Open Space2.5m wide for balconies and accessible from the living areas2.5m wideYes
Front Boundary SetbacksMinimum 6m, balconies can project 1m3.98m-4.3m. Balconies project 1m. No (10)
Rear Boundary SetbacksMinimum 6m, balconies can project 1m.4.5m min. Balconies project 1m.No (11)
Minimum Side Boundary Setbacks4m for first 2 floors and 7m for third floor or building envelope whichever is greater. Balconies can not project past the outer face of the building wall.Does not comply with minimum side setbacks or the building envelope. The side setbacks of the development vary from 1.11m to 3.87m.No (12)
Fences at the front boundary-1m fronting public space




-No principal private open space to be forward of the building line
No front fence proposed but at least 1.5m high fence required for private open space.

Private open space to Unit 2 is located in front of the building line.
No (13)
TV antennaMaster TV antenna must be provided for any development of more than two dwellingsNot shown, but can be providedYes
Storage6 cubic metres per dwellingNot providedNo (14)
Drying facilitiesTo be visually screened from the streetNot provided, but can be provided within unitsYes
(1) Solar access


Solar access has been discussed in the section of the report above entitled “Section 3.5 - Energy Efficiency”.

(2) Privacy and views

Development Control Plan No 1 requires windows between the subject site and adjoining developments to be offset or to have a minimum distance of 9m for the first two (2) floors and 12m for the third floor. On all floors of the northern elevation of the proposed development there are three “lobby” windows. These windows are located 3.18m from the side boundary and directly adjoin the balconies and windows of the adjoining residential flat building at 50 Martin Place. The plans show these windows as having translucent glazing and louvres which will reduce any overlooking into adjoining developments. In this regard the location of the windows is acceptable.

(3) Roofs

The proposed development has a flat roof. The flat roof does not have any adverse impact on the streetscape and is considered to be acceptable.

(4) Street frontage

The subject site is considered to be an isolated allotment as it is located between a residential flat building at 50 Martin Place and Mortdale Memorial Park which is zoned for open space purposes. The site does not meet the minimum 24m frontage requirement of Development Control Plan No 1 for residential flat buildings. The site has a frontage of 12.19m.

The width and size of the site is conducive to a single dwelling house development. A residential flat building may not be able to be accommodated on the site given the constraints of the site posed by the width and site area. Any residential flat building on the site however, should comply with the requirements Council has established for these developments. It is not inherent that the site is developed for a residential flat building, irrespective of whether it complies with Council’s requirements, because it is an isolated site.

The proposed development does not comply with numerous requirements as detailed in the report. It is considered that the applicant has not adopted a practical or realistic approach in providing a development that aims to comply with Council’s requirements and provide an acceptable amenity for the proposed dwellings and the adjoining developments. In this regard the variation to the frontage requirement is not supported.

(5) Density

Development Control Plan No 1 requires a maximum density of 105sqm per dwelling for residential flat buildings. The six (6) dwellings proposed require a site area of 630sqm. The site area of the subject site is 436.6sqm which is 72.76sqm per dwelling. Although the site is isolated, that is not considered justification for the density requirements to be varied for this development.

(6) Landscaped Open Space

Development Control Plan No 1 requires that a minimum 45% of the site area be landscaped open space, a maximum 20% of this area be impervious area and a minimum 40% of this area be capable of growing substantial trees (deep soil planting). The proposed development does not meet these requires as it provides 36% of its site area as landscaped open space with 31.6% impervious area and 3% capable of growing substantial trees.

The basement area of the proposed development is built to the boundaries except for approximately 13sqm of the site. Notwithstanding this, most of the 13sqm is hard paved area with approximately 5sqm planted. Due to the size of the basement area, no deep soil planting is proposed to the boundaries of the site or within the front setback area. This is not consistent with the requirements of Development Control Plan No 1 which requires good planting to be provided to the side boundaries of the site, so to soften the appearance of the development, provide a privacy screen and provide spatial separation between developments.

(7) and (8) Front and Rear Site Storeys

The proposed development does not comply with the three (3) storey height limit of Development Control Plan No 1. The proposed development is four (4) storeys high. The increased height of the development is due to the height of the basement level above the existing ground level. The proposed ground floor level of the development is approximately 1.4m above ground level. This requires the development to be access via a stairs and a ramp which is not considered to be appropriate in terms of its streetscape appearance and interface with the street.

(9) Minimum private open space area

Development Control Plan No 1 specifies that private open space area be located behind the building line. Unit 2 does not meet the requirements as it has its entire open space area located in front of the building line. The provision of the private open space area in the front setback area does not allow for the provision of common landscaped open space area at the front of the site. The provision of a fence of at least 1.5m high on the front boundary so to provide privacy to this open space area, provides a poor interface between the development and the street. The existing streetscape of Martin Place comprises developments that have low fences on the front boundary line and common landscaped open space within the front setback area. The proposed development is not consistent with the existing streetscape.

Development Control Plan No 1 specifies that ground floors units with one (1) or two (2) bedrooms have a minimum private open space area of 50sqm. Units 1 and 2 which are located on the ground floor of the development have a private open space area of approximately 13sqm which does not meet the requirements.

(10), (11) and (12) Front setback, Rear setback and Side Boundary Setback

The proposed development does not comply with the front and rear setback requirements of Development Control Plan No 1 which requires a minimum front and rear setback of 6m each. The proposed development has a front setback of 3.98m at the worst point, and a rear setback of 4.5m at the worst point. The reduced front and rear setbacks are a result of the large footprint of the development, which extends to the boundaries of the site and provides a little area between the building and the boundaries of the site.

Development Control Plan No 1 specifies that the proposed development is to comply with a building envelope which is a plane projected at 45º from a height of 1.5m measured vertically above natural ground level at the front of sites at the boundaries or that as a minimum, 4m side setback to the first two (2) floors and 7m to the third floor be provided. The proposed development does not comply with the building envelope requirements. The side setbacks of the development vary from 1.11m to 3.87m.

(13) Fences at front boundary

Development Control Plan No 1 specifies that fences fronting public space have a maximum height of 1m. The private open space proposed to the front of the site will require a front fence of at least 1.5m high to be provided at the front boundary of the site to provide privacy to the private open space area. The height of the front fence provides a poor interface between the development and the street as there is no visual link between the two.

(14) Storage

No storage areas have been provided to the development.

General comment

Council has established requirements through Development Control Plan No 1 for residential flat buildings. The requirements have been established after determining what is an appropriate built form for these developments and through a consultation process with the public (through an exhibition process). The adoption of these requirements gives certainty to the public and applicants about the scale of these developments. When these requirements are not applied consistently their importance is eroded.

The site has no special characteristics that distinguish it from other sites, which are subject to the same requirements for residential flat buildings, which would justify the non compliances with the requirements of SEPP 65 and Development Control Plan No 1. The non compliances with the requirements of SEPP 65 and Development Control Plan No 1 result in a development that compromises the amenity of the development and that of adjoining properties. In this regard, the proposed variation to the requirements is not supported.

4. Impacts

Natural Environment

One (1) on site tree will be removed to accommodate the proposed development. No objection is raised to the removal of the tree, however it is noted that the proposed development will comprise a basement level which will essentially be built to the boundaries of the site. This will result in no deep soil planting areas being available to the site. This is considered to have an adverse impact on the site and the natural environment as any substantial planting to the site will be removed.

Built Environment

The proposal is considered to be inconsistent with the future desired character of the area. The proposed development does not meet the design quality principles of SEPP 65 and with the requirements of Development Control Plan No 1 including overshadowing, street frontage, density, private open space area, front, rear and side boundary setbacks, front fencing, and crime prevention through environmental design

The non compliances with the Design Quality Principles of SEPP 65 and Development Control Plan No 1 demonstrate that the proposed development is an overdevelopment of the site and that the amenity of the development and that of adjoining properties is compromised.

Social Impact and Economic Impact

The proposed development is considered to be an overdevelopment of the site. The additional density to the site may result in additional pressures to the existing and future infrastructure of the area which has not been accounted for when the maximum density provisions were established for this area. Accordingly, the proposed development may have a social and economic impact on the area.

Suitability of the Site

The width and size of the site is conducive to a single dwelling house development. A residential flat building may not be able to be accommodated on the site given the constraints of the site posed by the width and site area. In this regard the subject site may not be suitable for the proposed development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Seven (7) submissions were received in response. The issues raised in the submissions are as follows.

Non compliance with Development Control Plans

The proposal does not comply with the Hurstville Development Control Plans. Non compliances exist with required street frontage, density, side setback, front setback, rear setback, open spaces, building envelope, roof pitch and private open space.

Comment: The proposed development does not comply with numerous requirements of SEPP 65 and Development Control Plan No 1 which is discussed in the report above.

Solar access

Solar access will be substantially reduced to existing residences and the public park.

Comment: As detailed in the report, the proposed development will result in the adjoining children’s’ playground in Mortdale Memorial Park being overshadowed between 9am and approximately 2pm on 21 June. As such the children’s playground will be in shadow for most of the day on 21 June. The overshadowing to the park is a result of the height of the development and the reduced side setback of the development being 1.11m (from the common boundary the subject site shares with the park). Although the overshadowing does not relate to a residential property, it is still considered to be unacceptable as there is a reasonable expectation that a children’s playground should receive sunlight during the winter season.

Building style

The building style is inconsistent with existing construction.

Comment: The proposed development is of a contemporary design which is unlike other developments in the street which were built several years ago. Notwithstanding this, the design of the development is not offensive and indicative of the design of new residential flat buildings.

Property value

The development will dramatically reduce the value of surrounding residences due to the increase in housing density, loss of privacy and loss of sunlight. While it is understood that the Council must find additional housing to meet the South Subregional Strategy 2007, this development is entirely unsuitable for such a site. Numerous variations in the one application is unreasonable. The inadequate space allowed will dramatically impose on the neighbouring apartments and will unnecessarily crowd an already crowded area of Mortdale. Privacy will also be affected as the main entrance area is close to existing balconies. The current outlook from existing residences will also be destroyed.

Comment: The claim that the proposed development will reduce property prices of adjoining developments cannot be accepted or refuted as evidence has not been submitted to support this claim. It is accepted however that the bulk and scale of the development is larger than that anticipated by Council’s requirements for residential flat buildings. The small size of the site coupled with the developments increased density and height and reduced setbacks and landscaped open space will result in a development that is imposing to the site and the streetscape in general. As discussed in the report above, the proposed development is not considered to be appropriate for the site and is not supported.

Street parking

Street parking is at a premium now and the proposed development will add to the congestion.

Comment: The proposed development complies with the car parking requirements of Development Control Plan No 1. Notwithstanding this, the expectation of the requirements established for residential flat buildings is for sites to be developed for residential flat buildings where they have a frontage of at least 24m and are larger in size than the subject site. In this regard the proposed development concentrates six (6) units into a site that would otherwise permit a single dwelling house only and where the number of car parking spaces and vehicular movements associated with the site would be less than that proposed.Council Referrals

Manager - Development Advice

Council’s Manager - Development Advice has raised no objection to the proposed development subject to conditions of consent being attached to any consent granted.

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor has raised no objection subject to conditions of consent being attached to any consent granted.

Tree Management Officer

Council’s Tree Management Officer has raised no objection subject to conditions of consent being attached to any consent granted.

External Referrals

Design Review Panel

The application was referred to the Design Review Panel for comment. The Design Review Panel has provided the following comments.
Comment: The applicant has not addressed the issues raised by the Design Review Panel.


6. CONCLUSION

The application seeks permission to demolish the existing structures and construct a four (4) storey residential flat building containing six (6) x two (2) bedroom units and basement car parking area. The proposed development has been assessed against the requirements of the relevant planning instruments and development control plans and does not comply with numerous requirements of State Environmental Planning Policy No 65 – Design of Residential Flat Development and Development Control Plan No 1.

The subject site does not have any specific site circumstances that justify the numerous non compliances with the requirements of SEPP 65 and Development Control Plan No 1. It is considered that approval of the proposal will result in an undesirable precedent in that the site does not have any special circumstances or characteristics that justify a departure from the requirements established for residential flat buildings. The inconsistent application of Council requirements erodes the weight of these requirements and does not provide certainty to the public about future development in the area. Accordingly, it is recommended that the application be refused for the reasons detailed below.


RECOMMENDATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application 10/DA-251 for the demolition of existing structures and construction of a residential flat building containing six (6) x two (2) bedroom units with basement car parking area on Lot 48 DP 2921 and known as 52 Martin Place, Mortdale, for the following reasons:1. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal is not supported as it does not comply with the Design Quality Principles of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development with regards to Principle 4 Density, Principle 7 Amenity, and Principle 8 Safety and Security.

2. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal is not supported as it does not comply with the requirements of Development Control Plan No 1 – LGA Wide with regards to street frontage, overshadowing, density, landscaped open space, private open space area, front setback, rear setback, side boundary setbacks, front fencing, crime prevention through environmental design, and storage areas.

3. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is unsatisfactory in terms of its standard of design and would adversely impact upon the amenity of future residents of the development and the adjoining developments.

4. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development does not satisfy Sections 4.3.2.1, 4.3.2.2, 4.3.2.3, 4.3.2.4, 4.3.2.8, 4.3.2.9 of the Development Control Plan No 1 – LGA Wide relating to Site Planning, Streetscape, Building Form and Style, Building Setbacks, Fences at the Front Boundary, and Landscaping.

5. Having regard to the previous reasons noted above and the number of submissions received by Council against the proposed development, pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development application is not in the public interest.

* * * * *


DECISION - DAC

As the application was withrawn prior to the meeting, the report was not considered by the Committee.
(Moved No mover / Seconded No seconder)





APPENDIX

Company extract - 52 Martin Place Mortdale.pdf
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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC100-10 HUR - 22 KIMBERLEY ROAD, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO/THREE STOREY DWELLING, REAR CABANA, INGROUND SWIMMING POOL AND FRONT FENCE


Applicant

Van Janevski

Proposal

Demolition of existing structures and construction of a new two/three storey dwelling, rear cabana, inground swimming pool and front fence

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.8 Fences Adjacent to Public Roads, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house and ancillary to dwelling house

Owner/s

Lily Nicolaou

Existing development

Single storey brick dwelling and detached garage

Cost of development

$580,000.00

Reason for referral to Council

Variation to DCP 1

Report author/s

Development Assessment Officer, Mr I Kokotovic

File No

10/DA-300

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of the existing and construction of a new two (2)/three (3) storey dwelling, rear cabana, inground swimming pool and front fence.

2. The dwelling is compatible with the surrounding premises and is considered appropriate in view of its design, size and impact to adjoining allotments, subject to conditions of any consent to make it fully comply. The on-site solutions provided are considered in character with the surrounding locality, and the streetscape.

3. The proposal provides four (4) non compliances with the numerical requirements of Council’s Development Control Plan which can be conditioned to comply resulting in one (1) non compliance with a façade articulation control. Otherwise it provides a design consistent with development controls and guidelines.

4. No objections to this proposal have been received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks the demolition of the existing and construction of a new two (2)/three (3) storey dwelling, rear cabana, inground swimming pool and front fence. The details of the proposal include:-

* Demolition of existing single storey dwelling and garage.

* A new two (2)/three (3) storey dwelling with a parapet design on all elevations. The dwelling plan consists of;


* Rear boundary cabana (40sqm) with a slightly sloping roof, consisting of an open plan rumpus room/kitchenette opening onto a paved patio with awning over, and an external accessed WC with shower facilities. The proposed side setbacks are 900mm and rear boundary setback of 500mm.

* A new inground swimming pool and spa of 33.5sqm, adjacent to rear of the dwelling and alfresco area.

* A masonry front boundary fence with no piers to a maximum height of 1.2m.


DESCRIPTION OF SITE AND LOCALITY

The subject property is a regular shaped allotment with a width of 12.19m and overall site area of approximately 710.43sqm. The site has a slope from the rear to the street (north to south) of some 6m, and is oriented towards the south west being on the northern side of Kimberley Road. The site is adjoined to the east by two (2) storey dwelling storey and to the west and rear by single storey dwellings.

This area is characterised by a mix of single/two (2) storey dwellings with low to medium density developments.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 – Residential and is a permissible use in the zone. The proposal meets the zone objectives.

Clause 14 – Tree Preservation Orders

No trees affected by this order are impacted upon by this proposal.

Clause 15 – Services

The assessment is satisfied that facilities for drainage of the site can be designed as specified, to Council’s requirements. It is assessed that as proposed, any roof water can discharge by gravity to the kerb and gutter in Kimberley Road.

Clause 22 – Excavation, filling of land

The proposal seeks to excavate beneath the footprint of the proposed dwelling to accommodate a ground floor garage and rumpus room, and for the vehicular access driveway.

The excavation is not considered excessive due to the severe ‘rear to street’ slope into which the excavation will occur. The maximum depth of excavation at 2.1m is setback from the boundary 900mm, and from the adjacent dwelling 2.9m.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no applicable draft Environmental Planning Instruments.

3. Development Control Plans

The proposal has been assessed against Council’s relevant Development Control Plans and Sections and below is a summary of the non compliances.

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

Car Parking
Standard
Proposal
Complies
Car Parking Space requirements for a residential dwelling with 3 or more bedrooms2 car space requirements 3 car spaces behind building line in the basement garage
Yes
Car Space dimension requirements and garage door clearance- Car spaces 5.4m x 5.4m (width x length)
- Double garage door 4.8m clearance
- 6.2m x 5.7m

- 4.8m provided
Yes
As can be seen from the table above, the proposal complies with Section 3.1.


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

This Development Control Plan requires that the proposal achieve a minimum BASIX standard for new dwellings. Overall the proposal has achieved a BASIX certificate, in relation to the NSW Government’s requirements for sustainability, therefore complies with this requirement.

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

Fences
Standard
Proposal
Complies
Gate Opening Width for Vehicular Access2.5m minimum 5.35m
Yes (1)
Primary Frontage
Height and Design (to maintain reversing vehicle sightlines)
-Columns to 1.8m
-Solid Masonry to 1.2m

-See through design
-No columns
-Solid masonry max height 1.2m
- No see through elements
Yes
(1) Gate opening width for vehicular access


Council’s Engineering Services have advised that the maximum allowed vehicular crossing of Council property for a single dwelling residential premises is 4.5m. The driveway crossing will be conditioned to be reduced, to comply with the maximum allowed.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.5 SINGLE DWELLING HOUSES

Single Dwelling Houses ControlsStandardProposal
Complies
Site Area710.43sqm
Front Setback
Front Setback (garage)
4.5m
5.5m
6m
8.5m
Yes
Rear Setback (ground)
Rear Setback (1st floor)
Rear setback (2nd floor)
3m
6m
6m
29.5m
18.5m
23m
Yes
Side Wall Setback (grnd)
Side Wall Setback (1st flr)
Side Wall Setback (2nd flr)
Eaves Setback (ground)
Eaves Setback (1st floor)
Eaves Setback (2n floor)
900mm
1.2m
1.2m
450mm
750mm
750mm
900mm
1.2m
1.2m
900mm
1.2m
1.2m
Yes
Yes
Yes
Yes
Yes
Yes
Height Maximum9 m - Ridge Level
7.8m - Parapet
7.2m - External Wall to Ceiling
8m
8m
6.8m
Yes
No (1)
Yes
Basements<1m above ground level1.3m (Consequently, basement must be regarded as ground floor. Hence, proposal is regarded as 3 storeys.
Yes
FSR Control FSR 0.55:1 (370.65sqm)FSR 0.49:1 (352.41sqm)
Yes
Landscaped Open SpaceMin 40% (284.2sqm)
Min. 20% deep soil (142.1sqm)
47.92% (340.45qm)
22.5% (160.15sqm)
Yes
Yes
Front Yard Landscaping15sqm (sites <12m in width)23sqm
Yes
Principle Private Open Space- Min 30sqm
- Min 5m (in any direction)
- 165sqm
- 12.19m
Yes
Privacy / BalconiesWindows 9m separation or offset by 1mRaised top floor windows from bedrooms and translucent glass to sitting room; Raised first floor living areas with highlight windows and 2m feature privacy wall to screen the side courtyard; rear balcony proposed with privacy screening to both sides.
Yes (2)
Solar Design/Energy EfficiencyPrivate open space of adjoining buildings to receive minimum 3hrs sunlight between 9am – 3pm on 22 June.

Solar access to be preserved.
Give the orientation of the site, overshadowing would occur primarily over the front part of the subject premises and the front of the adjacent lot to the west in the morning
Yes
Driveway GradientTo Comply with AS 2890.1 No grade (excavated)
Yes
Parking Spaces RequiredMin 2 car parking spaces for dwellings with 3 or more bedrooms

All car parking spaces located behind building line.
3 car space basement garage


Car parking located behind building line
Yes



Yes
Garage Door Width40% of dwelling width46% (4.8m of 10.39m)
No (3)
(1) Height


Although due to the design of the dwelling, the overall and external wall to ceiling height complies, the unique roofing design creates additional impact on surrounding development by creating a parapet higher than the allowed 7.8m. As shown on the submitted plans, the maximum height of the parapet is shown at 8m.

The applicant was notified of the non compliance and agreed that as it is a non-structural and cosmetic design feature of the proposal, a condition of consent restricting the height of the dwelling parapet to a maximum 7.8m would be physically achievable and appropriate in this instance. This non compliance will be conditioned to comply on any consent.

(2) Privacy/Balconies

Although a privacy screen to the top floor rear balcony is proposed in an effective location to provide some privacy to adjoining premises, the design of the screen will be required to be altered as a condition of any consent. Horizontal louvers with a fixed 45 degree upward angled (rather than vertical blades) are considered more appropriate a design in achieving the full objectives of the controls.

(3) Garage door width

A building façade articulation requirement is currently in the Development Control Plan which is often not compatible on many sites when considering vehicular access controls.

It is required that a garage door must not consist of more than 40% of the width of the dwelling. The objective is to reduce the visual impact of garage doors dominating the design and architectural features of the dwelling, on the local character and streetscape of any residential district. In applying this control, a minimum width double garage door of 4.8m is non complying on sites less than 13.8m in width.

In this case, the garage door is the minimum 4.8m on a 12.19m wide site. As the dwelling lower floor is proposed as required at 900mm off each side boundary, the width of the dwelling is 10.39m. The garage door is therefore 46% of the width of the dwelling.

Despite this non compliance, the dwelling and vehicular access design is considered to meet the objectives of the Development Control Plan. It is recommended a concession of a width of 700mm be extended to this proposal to allow a garage door width of 4.8m rather than restricting it to 4.1m. For the following reasons the proposal is appropriate as:

* It is considered the proposal has considered the design of the dwelling in context of the site and with respect to streetscape character by setting the dwelling and garage further back than required. The dwelling is 1.5m further back than required and the garage is 2.5m further from the street than required, thus minimising visual impact on the streetscape than the maximum allowed.

* It is considered the proposal meets the objectives of façade articulation controls by proposing building articulation at the front of the dwelling through a high visual design quality which mitigates the visual impact of the garages, and provides passive surveillance of the neighbourhood, front garden and entry to the house.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS

Outbuilding (Cabana and attached awning)StandardProposalComplies
SizeSize < 55sqm39sqm
Yes
Setback (side and rear)0mm (brick) or 500mm Brick
900mm (sides) and
500mm (rear)
Yes
Height Maximum 3m (NGL to ceiling)3.2m
No (1)
FSR Control FSR 0.55:1 (370.65sqm)FSR 0.49:1 (352.41sqm)
Yes
Landscaped Open SpaceMin 40% (284.2sqm)
Min. 20% deep soil (142.1sqm)
47.92% (340.45qm)
22.5% (160.15sqm)
Yes
Yes
(1) Height


The outbuilding’s height (both of the cabana and attached awning) do not comply with the maximum allowed 3m. The applicant was notified of the non compliance and agreed that as an internal floor to ceiling height of 3m is more than in a standard dwelling, that the non compliant height as proposed for the outbuilding is not necessary and that a condition of consent restricting the height to 3m would be physically achievable and appropriate in this instance. This non compliance will be conditioned to comply on any consent.

Roof over rear alfresco

The roof over the rear patio is not applicable to the outbuilding controls, as it is part of the main dwelling roof structure, and is not an attached or elevated awning. As such it is assessed as being part of the dwelling and the alfresco area under the roof is not included in the landscaped calculations.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS

Swimming Pools and SpasStandardProposalComplies
Pool SitingCoping as close to ground level as possible+ 200mm (south end)
- 400mm (north end)
Yes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary- 1.9m to west boundary
- 7.3m to east boundary
Yes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing/barrier- 1.9m to west boundary
- 300mm to north pool fencing
- 300mm to dwelling wall and east pool fencing
- 200mm to south dwelling wall
No (1)
FillingFilling of land between pool and property boundary is not permittedNo filling proposedYes
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighbours- Pool located in rear yard
- Equipment to be located adjacent to rear boundary fence
Yes (to be conditioned)
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 - Swimming Pool Safety and provisions DCP 1- Option B
(direct access from building to be made child-resistant)
Yes (to be conditioned)
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing,

- Height of any opening between the bottom of the fence and finished ground level shall not exceed 100mm,

-Horizontal rails (horizontal members) shall not be less than 900mm apart,

-The top surface of the highest lower rail shall be at least 1.1m below the top of the fence,

-The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point.
A condition has been imposed to ensure that all these requirements are met during construction.

Conditions have been imposed requiring the outside walls of the pool and fencing to comply with the Swimming Pools Act and Regulation and AS1926.
Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceTo be conditionedYes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingTo be conditionedYes
(1) Setback from pool fencing


The location of the swimming pool and spa is very close to the dwelling and alfresco area, and as such does not fully comply with the setback requirements to the pool safety fencing. As the swimming pool is a concept design, the applicant agreed that a condition of any consent requiring full compliance with Council’s Development Control Plan was appropriate. It is considered the pool can be adapted to meet the requirements prior to construction.

4. Impacts

Natural Environment

It is considered the proposal will not have any adverse impact on the natural environment, and no trees are required to be removed. The proposal would have a minimal impact on any species endangered or not endangered.

Built Environment

The proposed development complies after conditioning with most of the controls of the Development Control Plan, and otherwise provides a satisfactory building design which is compatible and in scale with existing surrounding development. It is considered consistent with the objectives of Council’s controls. The site is not overdeveloped and the proposal does not add any significant impacts on any adjoining premises. There are no heritage concerns.

Social Impact

The proposed works, being for residential purposes, are seen to be in keeping with the desired future residential character of this area. The impact on the adjoining premises is reasonable and the design of the proposal generally addresses the impacts on surrounding properties.

Economic Impact

The development carries no economic impacts.

Suitability of the Site

It is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography. The site is not bushfire, flood, acid sulfate affected, nor contaminated. The site is stable.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.

No objections were received in relation to this development, although a submission was received from the neighbour to the rear seeking clarification regarding the rear balcony. No objection was lodged when it was explained to the submitter concerned, that the balcony was proposed at 23m from the rear boundary. It was a balcony from a bedroom, and any privacy issues would be mitigated by the proposed outbuilding on the rear boundary which would act as an effective screen.


6. CONCLUSION

The application is for the demolition of the existing and construction of a new two (2)/three (3) storey dwelling, rear cabana, inground swimming pool and front fence. The proposal is conditioned to comply with most of the controls in the Development Control Plan. The proposal complies with the provisions of the relevant Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 10/DA-300 for the demolition of the existing and construction of a new two/three storey dwelling, rear cabana, inground swimming pool and front fence, on Lot 86 DP 2005 and known as 22 Kimberley Road, Hurstville, subject to the attached conditions:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
Pn-03/10 DA01
Aug 10
Site Plan
Van Janevski
Pn-03/10 DA02
Aug 10
Basement / Ground Floor Plan
Van Janevski
Pn-03/10 DA03
Aug 10
Ground Floor / First Floor Plan
Van Janevski
Pn-03/10 DA04
Aug 10
First Floor / Second Floor Plan
Van Janevski
Pn-03/10 DA05
Aug 10
Cabana Plan
Van Janevski
Pn-03/10 DA06
Aug 10
South West and South East Elevations
Van Janevski
Pn-03/10 DA07
Aug 10
North West and North East Elevations
Van Janevski
Pn-03/10 DA08
Aug 10
Section
Van Janevski
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

8. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.9. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
10. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.11. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.a) Amended plans and details are required to show the proposed rear top floor balcony privacy screens to a minimum height of 1.8m, and of a horizontal louvers construction, with 45 degree upward angled and fixed louver slats.
b) Amended plans and details are required to show the maximum parapet height reduced from the proposed 8m, to the required 7.8m from natural ground level.
c) Amended plans and details are required to show the maximum outbuilding ceiling height reduced from the proposed 3.2m, to the required 3m from natural ground level.d) Amended plans and details are required to show the dimensions of the edge of the swimming pool water to the surrounding swimming pool fence and child-resistant barriers, at of a minimum 1m distance.
12. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.13. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.14. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design: (d) columns
(e) structural steel15. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:16. SP6 - 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) The swimming pool must not be used for commercial or professional purposes;
(d) Pool water quality must be maintained to Council's satisfaction;
(e) Install a hydrostatic pressure relief valve in the base of the pool (in ground pools);
(f) Provide permanently fixed depth markers at each end of the pool;
(g) Drain paved areas to the landscaped areas; and
(h) Arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

17. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

18. BC5 - Bulk excavation or filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.

19. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

20. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.21. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.22. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

23. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the street gutter in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

On-site infiltration via an absorption trench is only permitted for surface water runoff such as driveway/footpath, and such trenches must be located at least 3m from any property boundary and be constructed at across the contour of the land.

The design of the proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.

24. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

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


or telephone 13 20 92.

25. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

26. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

27. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.

28. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.29. BC1 - Construction Certificate - No work shall commence until you:

30. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
31. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.32. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.33. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

34. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 35. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure: before the commencement of work (and until issue of the Occupation Certificate).

36. DE 1
(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.

37. DE7 - 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.

38. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

39. DE9 - The developer /builder is to 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 ( i.e. WorkCover or Hurstville City Council). 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.

40. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition. 41. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

42. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.(b) Floor slabs or foundation wall, before formwork or commencing brickwork.(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.(e) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.(f) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.(g) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

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

43. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday. A Penalty Infringement Notice may be issued for failure to comply with this condition.

44. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

45. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council’s Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.46. The proposed driveway crossing with Council’s property must be reduced to a maximum width of 4.5m.

47. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

48. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

49. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.

50. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

51. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.52. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.53. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

54. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

55. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.56. All pool/spa waste water must be discharged to the sewer to the satisfaction of Council and Sydney Water.57. SP2 - Filling with Water - No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.

58. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

59. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

60. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 328218S dated 4 August 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.61. LA1 - Completion to approved floor plans and site coverage plan - All landscape works in accordance with the floor plans and site coverage plan shall be completed before the issue of the occupation certificate.

62. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

63. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.64. Any air conditioning unit noise level must not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7am-10pm Monday to Friday, and 8pm-10pm weekends and public holidays; and, must not exceed the ambient background noise level measured at the nearest residential property boundary between the hours of 10pm-7am Monday to Friday, and 10pm-8am weekends and public holidays.

65. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.66. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).

67. SP4 - Pump Hours -The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:

Monday to Friday (other than a Public Holiday): 7.00 am to 8.00 pm
Saturday, Sunday and Public Holiday: 8.00 am to 8.00 pm68. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.

69. SP7 - Cover - Install a pool cover, to reduce evaporation of water in the swimming pool.

70. SP8 - The existing boundary fence must be renewed/repaired/placed to the satisfaction of Council to provide an effective safety barrier to the pool area.

71. SP9 - No ancillary structures are to be located within the fenced pool area. No additional paving or modification to the landscaped open space area is permitted to that shown on the approved plan.

72. SP10 - All fencing, doors and gates that provide access to the swimming pool must, so long as the swimming pool exists, be maintained in a good state of repair as effective and safe barriers.

73. All doors and gates providing access to the swimming pool must be kept securely closed at all times when they are not in actual use.74. A separate development application is required for any ancillary structures proposed to be attached to the pool, any additional paving or modifications to the landscaped open space. 75. MI32 - The rear alfresco and patio area associated with the outbuilding must not be enclosed without the prior written consent of Council.76. The rear cabana must not be adapted into a habitable dwelling without prior approval. 77. LA2 - Maintenance to approved floor plans and site coverage plan - All landscape works in accordance with the floor plans and site coverage plan shall be maintained.
78. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

79. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

80. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

81. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

82. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.83. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.84. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.85. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.86. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

87. If you need more information, please contact Development Assessment Officer Mr Ivan Kokotovic on 9330-6194 during normal office hours.

* * * * *


DECISION - DAC

THAT the application be approved subject to a condition that the parapet of the dwelling is not to be constructed of glass and shall be the same material as the roof or the external walls of the dwelling, with the details to be shown on the construction certificate.

(Moved Councillor A Istephan / Seconded Councillor C Hindi)





APPENDIX


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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC101-10 HUR - 37 PARK ROAD, HURSTVILLE - SECTION 96 MODIFICATION TO DELETE CONDITION 32 OF CONSENT REGARDING UNDERGROUND CABLING FOR A MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT


Applicant

Sakr Family Pty Ltd

Proposal

Section 96 modification to delete condition 32 of consent regarding underground cabling for a mixed commercial/residential development

Zoning

Zone 3(b) - City Centre Business

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Underground Electricity Cabling to Developments Policy

Hurstville Local Environmental Plan 1994 interpretation of use

Residential flat building and office/business premises

Owner/s

Sakr Family Pty Ltd

Existing development

Under construction

Cost of development

N/A

Reason for referral to Council

Variation to Council's Policy

Report author/s

Development Assessment Officer, Mr K Kim

File No

2001/DA-339REV3

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks approval for a Section 96 modification to delete Condition 32 of the original consent (2001/DA-339) regarding underground electricity cabling to the approved mixed use development, approved by Council on 11 April 2002.

2. There are no relevant planning controls which apply to the proposed modification with the exception of Council’s Underground Electricity Cabling to Developments Policy. As there are no specific planning controls, a merit assessment against the matters for consideration under Section 79C(1) of the “Act” (Environmental Planning and Assessment Act 1979, as amended) has been undertaken to assess this application.

3. Neighbour notification was not required as per the Development Control Plan No 2 – Hurstville City Centre - Section 2.2 Neighbour Notification and Advertising of Development Applications.


AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
FURTHER THAT if the condition is deleted, Council determine to undertake an appropriate review of the policy for future like applications.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for a Section 96 modification to delete Condition 32 of the original consent (2001/DA-339) regarding underground electricity cabling to the approved mixed use development, approved by Council on 11 April 2002.

In detail, Condition 32 of the original consent (2001/DA-339) reads as follows:


The applicant seeks to delete this condition for the following reasons in the submitted statement:

The subject application was accompanied by a letter from Energy Australia, which states:

Another email was received from Energy Australia confirming that “Energy Australia does not require further installation of conduits as existing spare conduits area available along the full frontage of the development at 37 Park Road, Hurstville.”

The above email was accompanied with a Conduit Layout Plan showing the conduits in the Woodville Street frontage of the subject site.


BACKGROUND

Photographic evidence was submitted and received by Council for the following investigative sites within the Hurstville CBD, where overhead electricity cables exist in the vicinity of these newer/ or recently completed developments:

*116 Queens Road and 7-9 Bond Street, Hurstville (2007/DA-236)
* 95 Forest Road, Hurstville, known as East Quarter development (2003/DA-1046)
* 4-6 The Avenue, Hurstville (2008/DA-28)
* 24 The Avenue, Hurstville (2009/DA-155)

Condition 32 was imposed as part of the initial consent (2001/DA-339) so as to comply with Council’s Underground Electricity Cabling to Developments Policy. This Policy was adopted on 12 November 1997 and reads as follows:

“For all developments in the Hurstville CBD –
As mentioned earlier, the subject application was accompanied by photographic evidence of investigative areas within the CBD. In order to ascertain whether the condition regarding underground cabling was modified and hence varied, an understanding of the site specific conditions/individual merits of a development needs to be considered. The results of the assessment of these investigative areas/developments are detailed below:

*116 Queens Road and 7-9 Bond Street, Hurstville (2007/DA-236)
Proposal: Construction of mixed use development
Frontages: Queens Road (99.4m) and Bond Street (24.4m)

Findings: A standard condition was imposed to require underground cabling for electricity mains. No apparent overhead cables exist to the Queens Road frontage, however overhead cables exist on the Bond Street frontage. It is unclear as to whether the works for underground cables on the Bond Street frontage is being carried out or not. It should however be noted that the consent is still active and conditions are enforceable at the time of this report.

* 95 Forest Road, Hurstville, known as East Quarter development (2003/DA-1046)
Proposal: Mixed residential/retail/commercial development
Frontage: Forest Road (approximately 224m)

Findings: A standard condition was imposed to require underground cabling for electricity mains. This development is currently under construction and hence it is unclear as to whether the works for underground cables on the Forest Road frontage is being carried out or not. It should however be noted that the consent is still active and conditions are enforceable at the time of this report.

As such the above two (2) developments are not considered to be examples of similar developments in which the condition regarding underground cabling has been modified or deleted, because the consents are still active for the aforementioned developments.

* 4-6 The Avenue, Hurstville (2008/DA-28 REV 01)
Proposal: Construction of mixed use development
Frontage: The Avenue (approximately 27.7m)

Findings: A standard condition was imposed to require underground cabling for electricity mains. However this condition was deleted with a Section 96 modification application for the following reasons:

* Energy Australia raised no objection, subject to the installation of conduits, and
* The proposal is of minimal environmental impact.

* 24 The Avenue, Hurstville (2009/DA-155 REV 03)
Proposal: Construction of a mixed retail/residential development
Frontage: The Avenue (approximately 15.68m)

Findings: A standard condition was imposed to require underground cabling for electricity mains. However this condition was deleted with a Section 96 modification application for the following reasons:

* Energy Australia raised no objection, subject to the installation of conduits, and
* The proposal is of minimal environmental impact.


DESCRIPTION OF THE SITE AND LOCALITY

The site is located on the corner of Park Road and Woodville Street, Hurstville, on the western side of Park Road. The subject site has a southern frontage to Woodville Street of 29.95 metres and an eastern frontage to Park Road of 12.3 metres. The development that this application relates has been recently built and the remaining part of the building is currently under construction on the site.

Currently, two (2) power poles exist on the Woodville Street frontage at both ends of this frontage. The overhead electricity cables from these poles are connected to other power poles on the opposite side of the Park Road frontage and Woodville Street. No overhead electricity cables or power poles exist on the Park Road frontage, as they are on the opposite side of Park Road.

The immediate surrounding locality is generally characterised by mixed use development to the west, residential development to the north and east, and special uses and administrative office development to the west.


COMPLIANCE AND ASSESSMENT

The proposal has been lodged under the relevant Section 96 of the Environmental Planning and Assessment Act 1979. As such the proposed Section 96 application has been assessed against the following matters for consideration under this section of the Act.

Section 96 (1A) of the Act – Modifications involving minimal environmental impact

Section 96(1A) of the Act states that Council may modify the consent if:

Comment: The proposed Section 96 modification is not considered to have any additional environmental impact from what originally has been approved, should the consent be modified.

Comment: It is considered this Section 96 modification is substantially the same development as the development approved in the consent to which it relates.

Comment: Neighbour notification was not required in accordance with Development Control Plan No 2 – Hurstville City Centre - Section 2.2 Neighbour Notification and Advertising of Development Applications.

Comment: Neighbour notification was not required in accordance with Development Control Plan No 2 – Hurstville City Centre - Section 2.2 - Neighbour Notification and Advertising of Development Applications.

In summary, the proposed Section 96 modification satisfies all relevant matters for consideration under this section of the Act and hence is recommended to be modified with the imposition of conditions in this report.

In respect to Section 95 of the Environmental Planning and Assessment Act 1979, some building works already have commenced on the site, except for the building works relating to this Section 96 application. These building works that physically commenced on the site (prior to the lapse date) validate the original consent and thus the development is considered to be ‘active’.

The proposed Section 96 application has also been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 3(b) – City Centre Business and both ‘Residential Flat Building’ and ‘Office Premises’ are permissible uses in the zone. The proposal meets the zone objectives. The development is compliant with the Hurstville Local Environmental Plan 1994.

Clause 9 – Council Policies

The relevant planning principles and policies applicable to this development have been considered as part of the assessment and discussed under a separate heading in this report.

Clause 15 – Services

As mentioned earlier, the proposed Section 96 modification is substantially the same as what already has been approved. Hence the proposal is deemed to be consistent with the original approval and this clause of Hurstville Local Environmental Plan 1994 (as amended).

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments which are applicable.

3. Development Control PlansThere are no Development Control Plans that apply to this development, except for Council’s Underground Electricity Cabling to Developments Policy as follows.
To determine how much weight should be given to the above policy, the Planning Principle – Development Control Plan and Council policies (Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472) by the NSW Land and Environment Court was implemented and considered as follows:

NSW Land and Environment Court – Planning Principles

Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

This case is relevant to the assessment of this proposal, especially, Clause 9 of Hurstville Local Environmental Plan 1994, as it has explored a number of sensible planning matters, when determining the weight to be given to a planning policy adopted by Council.

Comment: There is no record of any public consultation at the time of the adoption of this policy.

Comment: This policy has been in force since 1997 and there are no records of any review of its effectiveness.

Comment: As detailed earlier in this report, there are two (2) prior decisions, where the condition relating to this policy has been varied.

Comment: Whilst there are no objectives that explicitly relate to this policy, it is perceived that the objective of this policy is for ‘beautification’ of the Hurstville CBD area by reducing the visual impact of overhead electricity lines and power poles.

Comment: The policy is a Council initiative and Energy Australia advised that they have no future plan or requirements, which are compatible with this policy (ie undergrounding of electricity cables). It is also known that Council has no current work programmes or other policies that include undergrounding cables outside the Hurstville CBD area.

Comment: The policy is considered neutral in this regard, as the benefit of underground cabling is only effective where the entire street or electricity grid goes underground with electricity cables.

Applying the above mentioned case to the subject application, the conclusion reached is:

* As shown above, the policy has no written objectives and directions. As such the policy in its current status is not clear on the intended outcome or the rationale as to why.

* There are no other controls (ie Development Control Plans, Local Environmental Plan standard, policies) and objectives that are consistent with the policy.

* In light of the above, it is considered that the Underground Electricity Cabling to Developments Policy expressed in Condition 32 of the original consent should be given little weight for this current application. The enforcement of this condition will not result in the loss of any power poles and only the removal of 29m of overhead cabling. Given that cabling exists for the rest of Woodville Street and across the road on Park Road, there is no real ‘beautification’ of the area. The policy has no clear objectives and in this application the retention of the condition will not achieve the perceived objective.

4. Impacts

Natural Environment

The proposed modification is not considered to have any additional environmental impact from what originally has been approved.

Built Environment

The proposal will not result in any net loss in the number of power poles in Woodville Street, should the low voltage cables be undergrounded in the Woodville Street frontage. This is because the two (2) existing power poles are still required to carry the low voltage cables to the remaining section of the street (ie Woodville Street and opposite side of Park Road).

Given the above reason, the proposed modification is not considered to have any significant visual impact from what originally has been approved.

Social Impact

It is considered that the proposed modification will have no social impact, nor impact on the future character of the community.

Economic Impact

The proposed modification carries no adverse economic impacts.

Suitability of the Site

It is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography.

As such the proposed modification will not result in any additional impacts from what originally has been approved within the meaning of Section 79C(1) of the Environmental Planning and Assessment Act 1979.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Neighbour notification was not required as per the requirements of Development Control Plan No 2 – Hurstville City Centre - Section 2.2 Neighbour Notification and Advertising of Development Applications.

Council Referrals

Manager – Infrastructure Planning

Council’s Manger – Infrastructure Planning has considered the proposal and raises no objection subject to appropriate conditions of consent being attached.


6. CONCLUSION

Having regard to the Matters for Consideration under Sections 96(1) and 79C of the Environmental planning and Assessment Act 1979, as amended, the proposal is considered to be satisfactory and is recommended for the condition to be deleted. The proposal has no net loss in the number of power poles and does not achieve the perceived objective of the policy.


RECOMMENDATION

A. THAT pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 01/DA-339 granted on 11 April 2002 for mixed commercial/residential development on Lot A, DP 327934 and known as 37 Park Road, Hurstville, is amended in the following manner:
1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This modification to original Development Consent No. 01/DA-339 endorsed 11 April 2002 is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.
2. Deleting the following condition:
3. Consent Operation - This consent operates from the date the original consent was endorsed, i.e. 11 April 2002, except as qualified by Section 93 of the Act.

This development consent will lapse unless acted upon within five (5) years from the date of the original endorsement, except as qualified by Section 99 of the Environmental Planning and Assessment Act 1979.

4. If you are not satisfied with this determination, you may:
5. Please attach this amendment to your copy of the Development Consent for 01/DA-339. Please note that all other conditions remain unaltered and must also be complied with.

6. If you need more information, please contact Development Assessment Officer, Mr Kevin Kim on telephone number 9330-6263 during normal office hours.B. FURTHER THAT if the condition is deleted, Council determine to undertake an appropriate review of the policy for future like applications.


DECISION - DAC

THAT the application be refused.
(Moved Councillor C Hindi / Seconded Councillor V Badalati)





APPENDIX

Company extract - 37 Park Road Hurstville.pdf
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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC102-10 HUR - 45-51 FOREST ROAD, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A PART TWO/PART THREE STOREY MIXED USE DEVELOPMENT WITH ONE LEVEL OF BASEMENT PARKING


Applicant

Architecture and Building Works

Proposal

Demolition of existing structures and construction of a part two/part three storey mixed use development with one level of basement parking

Zoning

Zone 3(c) - Business Centre

Planning instruments applicable

Hurstville Local Environmental Plan 1994, SEPP 1 - Development Standards, SEPP 65 - Design Quality in Residential Buildings, SEPP (Building Sustainability Index: BASIX), Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention Through Environmental Design

Hurstville Local Environmental Plan 1994 interpretation of use

Residential component - residential flat building, retail component - shop

Owner/s

Andover Properties Pty Ltd

Existing development

Commercial offices

Cost of development

$4,400,000.00

Reason for referral to Council

Non compliance with LEP

Report author/s

Senior Development Assessment Officer, Mr I Karaman

File No

10/DA-182:2

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing structures on the site, and the construction of a part two (2)/part three (3) storey mixed use development with one (1) level of basement parking.

2. The proposed height exceeds the maximum two (2) storey height limit under Council’s Local Environmental Plan with an additional one (1) storey on the Forest Road elevation and part of a section on Lily Street. A SEPP 1 Objection to this development standard has been considered to be well founded.

3. The proposal does not strictly comply with Council’s Local Environmental Plan that requires only non residential uses to be provided on the entire ground floor. The applicant has provided commercial/retail area elsewhere on the ground floor with the exception to residential living areas with courtyards to the rear ground floor component of the development, which fronts a laneway and is adjacent to land zoned 2 - Residential. A feasibility study has been provided by the applicant to support the residential uses to this portion of the ground floor within the development.

4. The proposal was notified and advertised in accordance with Council’s requirements and received no objections to the development.


AUTHOR RECOMMENDATION

THAT the SEPP 1 Objection be supported.
THAT the application be approved in accordance with the conditions included in the report.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for demolition of the existing buildings on the site and the construction of a new part two (2)/part three (3) storey, mixed use development comprising of 889 square metres of commercial/retail use and seventeen (17) residential units (consisting of fifteen (15) x two (2) bedroom units and two (2) x three (3) bedroom units).

Details of the proposed development are as follows:

Basement Car park with a total of forty seven (47) spaces excluding two (2) spaces further provided by mechanical vehicle stacker above two (2) commercial spaces. Vehicular access to the basement level is via adjacent unnamed lane from Lily Street.

Ground Floor Two (2) commercial/retail areas comprising of a total of 812.7 square metres, ground floor living areas to seven (7) x two (2) storey residential units (five (5) x two (2) bedroom and two (2) x three (3) bedroom), a loading bay accessed via Roberts Lane, separate residential and commercial waste storage areas.

First Floor One (1) commercial unit with an area of 76.5sqm, three (3) x two (2) bedroom units, upper bedroom areas of seven (7) x two (2) storey residential units (five (5) x two (2) bedroom and two (2) x three (3) bedroom), lower bedroom component of five (5) x two (2) storey residential units (five (5) x two (2) bedroom) and a communal area.

Second Floor Two (2) x two (2) bedroom units and upper bedroom and living areas component of five (5) x two (2) storey residential units (five (5) x two (2) bedroom).

Stormwater from roof and surface areas of the proposed development are to be collected and discharged to Council’s kerb inlet pit outside the site with only the underground basement car park to pump out water from the proposed on-site detention system.


BACKGROUND

3 Jun 08 Development Assessment Committee refused Development Application 08/DA-404 for three (3) storey mixed use development with basement parking.

13 Nov 09 Land and Environment Court refused Development Application 08/DA-404 for three (3) storey mixed use development with basement parking.

29 Jan 10 Pre DA application received for three storey mixed use development.

5 Mar 10 Amended plans received for Pre DA application received for three (3) storey mixed use development.

17 May 10 Development application 10/DA-182 received for demolition of existing structures - construction of a part two (2)/part three (3) storey mixed use development with one (1) level of basement parking.

20 May - 4 Jun 10 Notification period of application.

3 Jun 10 Application presented to Design Review Panel.

8 Jul 10 Meeting with Applicant to discuss proposal and comments of Design Review Panel.

22 Jul 10 Amended plans received by Council responding to comments made by the Design Review Panel.

15 Sept 10 Further amended plans received by Council

Previous development application - 08/DA-404 for three (3) storey mixed use development with basement parking

The previous Development Application 08/DA-404 on the site was refused by Council’s Development Assessment Committee for not complying with the maximum two (2) storey height under the Hurstville Local Environmental Plan 1994, and the State Environmental Planning Policy No 1 Objection submitted was well founded. Further reasons were due to non compliance with Council’s parking requirements and that the three (3) storey nature of the development was not in keeping with the built form and scale of the surrounding area, particularly with the residential development to the south east.

It is noted that during the appeal to the Land and Environment Court on the above proposal, the joint statement prepared by experts agreed that the variation from the two (2) storeys did not create any adverse impacts on the surrounding area and considered the height and scale of the development as acceptable. The Court’s opinion, however was that the proposal did not meet the underlying purpose of the standard in Clause 15A of the Local Environmental Plan and that compliance of this standard was not unreasonable or unnecessary and therefore the proposal failed in that aspect. The additional accumulation of issues, which concerned the Court, which resulted in the dismissal of the appeal were the layout of the proposal including the proposed overshadowing of the communal area, consideration to lack of solar access to units and the proposed setbacks with regard to traffic noise.

The design of the previous refused application proposed the predominant bulk and three (3) storey component along the Lily Street elevation and the un-named laneway. The current application has alternatively proposed a design with the three (3) storey component predominantly to the Forest Road elevation and partly to the section along Lily Street and then further stepped down to two (2) storeys along the un-named laneway, at the interface with the residential zone. It has been designed specifically to fit the context and scale of existing and approved buildings and to further improve amenity and solar access to communal areas and residential units.

37-43 Forest Road Hurstville

On the opposite corner of Lily Street and Forest Road Council granted consent on 9 January 2008 to development application 07/DA-159 for the demolition of existing buildings and construction of a part two (2)/part three (3) storey mixed retail, commercial, residential development with two (2) levels of basement parking.

It is noted, however, that a subsequent Section 96 Modification application 07/DA-159REV01 to amend the existing approved buildings at 37-43 Forest Road, involving increase in the floor to ceiling height of the approved development by 300mm and deletion of commercial floor space in the basement to provide an additional two (2) units on the third floor was refused by Council on 19 November 2008. A SEPP 1 Objection accompanying the modification application was not supported by Council. This Section 96 was refused for non compliance with the Hurstville Local Environmental Plan 1994 in relation to the number of storeys.

The proposed design of this subject application 45-51 Forest Road with a part two (2)/part three (3) storey development has been provided in proportion to the approved height and scale of development opposite to the site at 37-43 Forest Road.


DESCRIPTION OF THE SITE AND LOCALITYThe subject property is known as 45-51 Forest Road, Hurstville and has a property description of Lot 100 in DP 1131200. The land is zoned 3(c) – Business Centre under the provisions of the Hurstville Local Environmental Plan 1994, as amended.

The site is an irregular shaped corner allotment with a direct western frontage to Forest Road of 39.655m with splay corners of 2.805m to Lily Street and 5.31m to Roberts Lane. The site is bounded on all four (4) sides by roadways, these being Forest Road, Lily Street, Roberts Lane and a rear un-named lane.

The land has a north eastern frontage to Lily Street of 54.195m, a south eastern frontage to the rear un-named lane of 31.99m and an area of 1776sqm. The site is mainly flat, with a slight cross-fall of approximately 400mm from the Forest Road/Roberts Lane corner to the corner of Lily Street and the rear unnamed Lane. The site is located on the eastern side of Forest Road.

Existing on the site is a two (2) storey office building, located on the rear portion of the property with bitumen paved parking areas to the front. In the northern part of the site are a paved garden area, external stair and terrace with rooms below. There are a number of substantial trees located along the site’s frontage to Forest Road.

The subject property is situated on the eastern periphery of the Hurstville Town Centre in a smaller satellite retail/commercial strip on Forest Road.

Adjoining the site to the north east, on the opposite corner of Lily Street and Forest Road is a car sales yard which is the approved part two (2)/part three (3) storey mixed use development, and further to the east along Lily Street are single storey dwellings. To the south west, on the opposite corner of Roberts Lane and Forest Road is a two (2) storey residential flat building with rear garaging accessed from Roberts Lane. Further to the south west along Forest Road are single and two (2) storey commercial/light industrial buildings.

To the south east, on the opposite side of the un-named lane is a single storey dwelling house, with a rear outbuilding at 75 Lily Street. Further to the south east, aligned along Lily Street are single and two (2) storey dwellings.

To the north west, along the opposite side of Forest Road, are the grounds and single and two (2) storey buildings of Hurstville Public School. The area is generally a mix of commercial and residential development.COMPLIANCE AND ASSESSMENTThe development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLANThe land is zoned 3(c) - Business Centre under the provisions of the Hurstville Local Environmental Plan 1994 and the proposed use as a mixed use building is not defined in the Local Environmental Plan, however it is a permissible use, given that it is not listed as a prohibited use in the zone. The components of the building are listed being the residential units defined as a “Residential Flat Building” and the commercial area and retail areas are defined as “Office Premises” and “Shops”.

The objectives of the zone 3(c) - Business Centre are as follows:

With regard to objective (b), the proposal provides a commercial and retail area of approximately 812 square metres on the ground floor fronting all of the Forest Road elevation and approximately half of the frontage to Lilly Street and Roberts Lane elevations, whilst the remaining ground floor component is allocated to living areas of seven (7) residential units which are accessed via the un-named laneway.

The applicant has provided a “High and Best Use Feasibility Study” to support the residential ground floor component of the development. This feasibility study by Landmark White Pty Ltd has compared two (2) similar mixed use developments at 45-51 Forest Road and the opposite mixed use development approved at 37-43 Forest Road, Hurstville.

The approved development at 37-43 Forest Road, Hurstville comprises of a total of three (3) storeys with 1,890 square metres on the ground floor, eighteen (18) residential units on the first and second floors (eight (8) x one (1) bedroom and nine (9) x two (2) bedroom units) and two (2) levels of basement car parking.

The current application at 45-51 Forest Road comprises of a total of three (3) storey, mixed use development comprising of 812 square metres of commercial /retail use on the ground floor and a total of seventeen (17) residential units (consisting of fifteen (15) x two (2) bedroom units and two (2) x three (3) bedroom units) spanning over three (3) levels from the ground to the first and second floors.

The principle of Highest and Best Use as defined by the International Valuations Standards Committee and endorsed by the Australian Property Institute is “the most probable use of a property, which is physically possible, appropriately justified. Legally permissible, financially feasible and which results in the property being valued”.

The feasibility study found that “based upon the assumptions, the modelling of the Council approved development at 37-43 Forest Road appears to suggest that the development would be considered to be the less feasible of the two proposed developments.

This is due to the larger amount of commercial space and the additional required basement parking level and a lower gross realisation from the mix of residential units comprising of mainly 1 and 2 bedrooms. The development period also involves the construction of a second basement level which would take longer, adding to construction and holding costs which impact the residual land value. In comparison, the proposed development at 45-51 Forest Road, although not yet approved appears to be more viable of the two proposed developments due to its smaller commercial area and greater gross realisation from the mix of 2 and 3 bedrooms units.”

In consideration of the main aim to objective (b) of the zone, that is to promote the vitality of business centres, it is considered that the above feasibility study undertaken provides support for a smaller commercial area on the ground floor together with residential use on the site as being the more viable between the two developments.

Furthermore, it is considered an alternative design of providing more commercial/retail units on the ground floor, such a design with less exposure to a primary or secondary road, it may be less likely to be occupied as compared to the commercial/retail units which have frontage to Forest Road and Lily Street.

In addition, the un-named laneway adjoins a residential zone to the south east and the provision of residential dwellings along the un-named laneway is considered to be a more sensitive and suitable land use for the zone interface. This will provide better the amenity to occupants of the existing dwelling adjacent to the un-named laneway as compared to an alternative land use such as commercial or retail or other non residential uses such as ground floor parking.

In regards to objective (a) of the zone, the proposal is considered to meet this objective with the provision of the remaining ground floor component of the development has been allocated to commercial/retail use with 812 square metres to allow the proposal to maintain a commercial and retail focus for larger scale commercial precincts. Accordingly it is considered the proposal satisfies the aim of the objectives to the 3(c) Business Centre Zone.

Clause 13 – Floor space ratiosClause 13(2A) of Hurstville Local Environmental Plan 1994 provides the following requirements for floor space ratio as indicated in the table below.As indicated in the table above, the proposed mixed use development complies with Council’s Local Environmental Plan in regards to the required total floor space ratio and non residential component. Clause 14 – Tree preservation orders

Council’s Tree Management Officer has previously raised no objection to the proposal. The proposed landscape plan will incorporate a landscape design with appropriate species to the site and locality, which will be integrated with the overall building design. Accordingly, the proposal is considered to be satisfactory in respect to Clause 14 of the Local Environmental Plan.

Clause 15 – Services

Pursuant to Clause 15, water supply, sewerage and drainage infrastructure is required to be available to the land. It is considered the above services can be provided to the proposed development on the land. Council’s Manager - Development Advice has advised of no objection to the proposed drainage of the site, subject to imposed conditions of consent such as on-site detention system, the underground basement be required to pump out any storm water and that all other storm water to be drained by gravity to the street.

Clause 15A – Height restrictions for land within Zones No 3(a) and 3(c)

A two (2) storey height limit applies to buildings on this land within Zone 3(c) as indicated on the height maps of the Local Environmental Plan. The proposed building is part two (2) and part three (3) storeys in height and therefore exceeds the development standard under Clause 15(2A) of the Local Environmental Plan.

The proposed variation in number of storeys is accompanied by a SEPP 1 Objection which is discussed in the report under the section, State Environmental Planning Policy (SEPP) No. 1 – Development Standards.

Clause 22 – Excavation, filling of land

The proposal will involve excavation of the land for the proposed basement. In consideration to this clause, a condition of consent is recommended that a geotechnical report be submitted to Council prior to the prior to the commencement of any work to ensure adequate regard is given to any potential impacts to existing drainage patterns and soil stability in the locality. Clause 25A – Advertising and signage

No outdoor advertising or signage is proposed as part of the application.Clause 33 - Impact of development in the vicinity of a heritage item

Clause 33 of the Local Environmental Plan requires Council to assess the impact of development in the vicinity of a heritage item on the heritage significance of the heritage item.

There are several heritage items located in the vicinity of the site, being the 1891 building of the Hurstville Public School situated at 80 Forest Road (opposite the site), and the dwellings at 52/53A and 76 Lily Street, located on the north eastern side of Lily Street. The heritage items in Lily Street are not located directly opposite the site but are located one (1) and seven (7) properties removed respectively.

The applicant has submitted a heritage impact statement prepared by Weir Phillips Architects and Heritage Consultants, dated May 2010, regarding the potential impact of the proposed development on the heritage significance, visual curtilage and setting of these heritage items in the vicinity of the site.

HURSTVILLE PUBLIC SCHOOL (1891 BUILDING AT 80 FOREST ROAD)

The 1891 building that is part of the Hurstville Public School is on the north western side of Forest Road, opposite the subject site. The heritage listed building is situated on the Forest Road frontage of the school is generally two (2) storeys in height with a narrow attached tower comprising of two (2) additional storeys. The fourth storey in the tower has since been bricked in whilst a window on the third storey remains. The site is partially visible from the heritage listed school building.

The 1891 school building is visible from the first floor balcony on the south western (Roberts Lane) side of the building on the site. The school building is not visible from the balcony on the north western (Forest Road) side of the building, due to dense vegetation on the subject site.

76 LILY STREET, HURSTVILLE

The house at 76 Lily Street, on the northern corner of the junction of Ethel Lane with Lily Street is situated diagonally opposite the subject site, consisting of a brick dwelling with a sandstone balcony and sandstone brick fence. The site is readily visible from this heritage item.

52 AND 53A LILY STREET, HURSTVILLE

The dwelling at 52 Lily Street, on the south western side of Lily Street and the dwelling at 53A Lily Street that fronts onto the north eastern side of Roberts Lane are two (2) free-standing houses that are approximately 350m from the site. The site is not visible from either of these two (2) heritage listed houses and neither house is visible from the site.

The submitted heritage impact statement finds that the proposed development will have a “manageable and positive effect” on the heritage significance, visual curtilage and setting of the heritage items in the vicinity for the following reasons:
The proposed design and finishes of the development has since been amended with the previous proposed white stark appearance on the building façades replaced by more subtle colour tones and former blade walls reduced in height along the Forest Road elevation and Lilly Street elevations.

Based on the findings of the heritage impact statement provided and the proposed amended design and finishes of the development, it is considered that the proposed demolition of the existing building and the new proposed development on the site is unlikely to detract from the heritage significance of these items in the vicinity, primarily because the development will not impact on view corridors to or from the heritage items, and will not cause any structural damage to the items, nor visually dominate these items.

STATE ENVIRONMENTAL PLANNING POLICY (SEPP) NO 1 – DEVELOPMENT STANDARDS

The following assessment of the SEPP 1 Objection is assessed using the questions established in Winten Property Group Limited v North Sydney Council (2001) NSWLEC46 (6 April 2001).

The SEPP 1 Objection submitted is assessed as follows:-

Comment: Yes, the subject of the objection that is the overall building height is a development standard as referred to in Clause 15(A) of the Hurstville Local Environmental Plan 1994. A variation of an additional one (1) storey is sought in this case resulting in a part two (2) and part three (3) storey building.

Comment: The underlying purpose of the standard is to control the overall height on subject land as indicated in the height maps under the Local Environmental Plan. In this case, the subject land is indicated on the height maps of the Local Environmental Plan as requiring a maximum of two (2) storeys for such buildings in the 3(c) Business Centre Zone.

Comment: The aims of SEPP 1 state:

The development standard promotes attainment of the aims and objectives above.

The Land and Environment Court has established on numerous occasions that it is insufficient merely to point to an absence of environmental harm in order to sustain an Objection under SEPP 1 – Gergely and Pinter v Woollahra Municipal Council (1984), Hooker Corporation Pty Ltd v Hornsby Shire Council (1986), Winten Property Group Ltd v North Sydney Council (2001), and Memel Holdings Pty Ltd v Pittwater Council (2001) and Wehbe v Pittwater Council (2007).

Rather it is necessary to demonstrate that the strict application of the development standard in question would actually hinder the attainments of the objectives of the control. It must be demonstrated that there is a positive environmental or community outcome that arises directly out of the non compliance.

The following considers the proposal against the relevant objectives of the development standard contained under Clause 15(A) of Hurstville Local Environmental Plan 1994.

As stated above the underlying purpose of the standard is to control the overall height of the development to achieve a consistent urban character for the 3(c) Business Centre Zone.

In this case, Hurstville Local Environmental Plan permits a maximum height of two (2) storeys on the subject land zoned 3(c) Business Centre Zone.

The applicant’s objection to the development standard is based on the following:

Despite the numerical non compliance the applicant has stated the proposal meets the objectives of the development standard because of the following:
The applicant has further stated that the development standard is unnecessary and unreasonable for the following reasons:
Comment: It is considered that the strict compliance with the development standard in question would hinder the attainments of the aims and objectives above because the proposal although technically non compliant with two (2) storey height limit in part of the development, the development still maintains the objectives of the 3(c) zone as previously discussed providing for a commercial/retail focus. The visual bulk and scale of the development has been reduced through amended plans with suitable use of façade treatment and detailing. The height of the proposal is considered to be consistent to existing buildings and approved development in the vicinity with minimal impact on the amenity of adjoining properties. Accordingly, the proposal as a part two (2) and part three (3) storey height is considered to be consistent with the existing development and approved scale of mixed use development in the vicinity, particularly a similar approved mixed development at 37- 43 Forest Road.

Comment: In Whebe V Pittwater Council (2007) NSWLEC 827 (21 December 2007) sets out ways of establishing that compliance with a development standard is unreasonable or unnecessary. It states that:

It goes on to state that:

Preston CJ in Wehbe then expressed the view that there are five (5) different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the policy.

Comment: The objectives of the subject development standard are achieved notwithstanding non compliance with the standard because as previously stated the proposed impacts of the development in terms of the general height and scale are considered to be reasonable and achieve a desirable and appropriate urban form, which is generally consistent with broad objectives of the 3(c) Business Centre Zone.

Comment: In this case, the purpose of the standard, to control by way of defined storeys is not relevant as the measure of storeys is peripheral to the concern for contextual fit because the storey height differs between differing uses. Furthermore, the existing two (2) storey building is only 900mm less in height with the maximum proposed height of the part two (2)/part three (3) storey building.

Comment: In this case, the underlying object of purpose is to control the overall height and as previously stated above, compliance is considered unreasonable.

Comment: Having specific regard to Wehbe v Pittwater Council [2007], the development standard has not been consistently applied by the Council in granting consents with regard to a similar mixed use development directly opposite the site in the 3(c) zone at 37-43 Forest Road and it is considered there is minimal public benefit in maintaining the planning controls. Hence compliance with the standard is unnecessary and unreasonable.

Comment: The zoning of the particular land as 3(c) Business Centre Zone although reasonable and appropriate, elsewhere in the LGA the Local Environmental Plan provides flexibility in permitting buildings that exceed two (2) storeys.

Comment: In regard to the appropriate tests, the objection advanced by the applicant that compliance with the development standard is considered to be well founded, and it is considered that granting of development consent would be consistent with the aims and objectives of SEPP 1.

STATE ENVIRONMENTAL PLANNING POLICY (SEPP) (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensure dwellings are designed to use less potable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for new dwellings under this policy.

STATE ENVIRONMENTAL PLANNING POLICY NO 65 – DESIGN QUALITY OF RESIDENTIAL FLAT BUILDINGSThe subject planning instrument is applicable as the proposed development satisfies the definition of a residential flat building as prescribed under the SEPP. Further to the design quality principles and referral to the Urban Design Review Panel, Clause 30(2) of SEPP 65 also requires residential flat development to be designed in accordance with the Department of Planning’s publication entitled Residential Flat Design Code.

There are a number of guidelines and rules of thumb contained in the Residential Flat Design Code which accompanies SEPP 65 that are applicable to the proposed development. These provide a meaningful and quantifiable assessment of the merits and deficiencies of the proposal, when assessed against SEPP 65 and in turn inform whether the design quality principles contained in SEPP 65 are addressed.


The following table outlines compliance with the Residential Flat Design Code, where applicable.
Standard
Objective
Provided
Complies
Part 1 – Local Context
Building DepthMax. 18m (glass line to glass line)Range from 6.5m to 15.5m Yes
Building SeparationBuildings to achieve daylight access, if less must demonstrate day light access, urban form and privacy achieved satisfactory

Up to 4 storeys/12m in height.
-12m habitable rooms/balconies to habitable rooms/balconies
- 9m, habitable rooms/balconies to non-habitable rooms
-6m, non-habitable rooms to non-habitable rooms.
Compliance – except unit B.03 - Second bedroom has 11m separation to Bedroom window of A.05 and A.04. Note, subject windows are offset and don’t directly face each other

B.03 terrace to A.04 bedroom has a distance of 7.5m & 8.5m to the bedroom of A.05 -
planter box provided to terrace of B.03.
No (1)








No (1)
Floor Space Ratio (FSR)To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design CodeExceeds overall FSR 1.5:1 with proposed 1.48:1Yes
Part 2 – Site Design
Deep Soil ZonesA minimum of 25% of the open space area of a site should be a deep soil zone, more is desirable. Exceptions may be made in urban areas where sites are built outBasement is excavated to boundaries and landscaping is reinstated by podium plantingN/A
Open SpaceCommunal open space should be generally between 25% of the site area (444sqm) 182sqm providedYes, given requirement not directly applicable to mixed use developments
Pedestrian AccessBarrier free access to 20% of units 58.8%
Units B.01 – B.10 have lift access. Acceptable access is provided.
Yes
Vehicle AccessLimit width of driveways to 6 metres and locate vehicle entries on the secondary frontage6m on the unnamed laneway frontageYes
Part 3 – Building Design
Apartment LayoutMax. depth from window of single aspect apartment 8.0m

The back of a kitchen should be no more than 8 metres from a window

Unit sizes
21br : 70sqm
2br : 90sqm
Single aspect units comply


All units less than 8m




2br = min. 72sqm
3br = min. 129sqm
Yes



Yes




Yes
Apartment MixTo provide a diversity of apartment types, which cater for different household requirements now and in the futureThe proposal incorporates 15 x 2br and 2 x 3br bedroom units, which does not provide a diversity of apartment mixYes
BalconiesPrimary balconies to be a minimum of 2 metres in depthAll units have primary balcony

Levels greater than 2m in depth
Yes
Ceiling HeightsRetail/comm. 3.3m
FF Residential 3.3m

2.7 metres for residential levels.
GF retail : 3.4m
FF residential 2.9m

A ceiling height of 2.7m is provided for level 2
Yes
No (2)

Yes
Internal CirculationMaximum of 8 units to be accessible from a double loaded corridorMax. 4 units accessible from double loaded corridorYes
StorageTo provide adequate storage for every day household items within easy access of the apartment
2br : 8cu/m
3br : 10cu/m
2 br units : min. 9cub/m

3br units : min. 11cub/m
Yes

Yes
Daylight AccessMin 70% of units receive min 3 hrs of solar access

Max 10% units southerly aspect
Total – 17 units 87.5% receive direct solar access

No units strictly restricted to single south aspect

Yes

Yes

Natural Ventilation60% of residential units should be naturally cross ventilated

25% of kitchens should have access to natural ventilation
13 units (76%) are naturally cross ventilated


12 units (70%) kitchens have natural cross ventilation
Yes



Yes
Waste ManagementSupply Waste Management Plan in conjunction with the DA.

Locate storage areas for rubbish away from front of development.
A Waste Management Plan has been submitted.



Garbage room on ground floor located away from primary frontages.
Yes

The following non compliances with the Residential Flat Design Code are discussed below.


(1) Building Separation

The separation distance between Unit B.03 bedroom windows along the easterly aspect and the proposed the bedroom units facing the north west of Units A.04 and A.05 have a minimum separation distance of 11m. The subject windows of these units do not directly facing each other and would ordinarily comply with an additional 1m separation. Accordingly, the issue of privacy is minimised due to different alignment between the subject windows and is considered in this case to be acceptable.

The terrace area of Unit B.03 has a proposed separation distance of 7.5m to the bedroom of Unit A.04 and only 8.5m to the bedroom of Unit A.05, which requires 9m of separation. A planter box is proposed to minimise overlooking from the terrace to the bedroom windows, which is considered acceptable in terms of privacy to occupants of the bedrooms.

(2) Ceiling Heights

The proposed first floor comprises of residential uses with a floor to ceiling height of 2.95m, whilst the Code recommends a height of 3.3m to promote future flexibility of use. The applicant has proposed that it is unlikely that additional commercial uses would occupy the first floor in the future and that a further increase in height will increase the overall height of the building. A further increase in height to the overall building is not supported and the variation accordingly is acceptable.

The proposal does exceed the minimum height required for solely residential uses.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.2. Draft Environmental Planning InstrumentsDraft State Environmental Planning Policy (Competition) 2010

The aims of this policy are to promote economic growth and competition and to remove anti-competitive barriers in environmental planning and assessment.

Under Clause 8 of this policy, the commercial viability of proposed commercial development is not a matter that may be taken into consideration by a consent authority for the purposes of determining a development application under Part 4 of the Act to carry out the proposed development. Accordingly, the feasibility study as previously discussed in the report, which supported a smaller commercial area on the ground floor together with residential use on the site as being the more viable design as compared to an approved mixed use development in the vicinity, which has a larger commercial area, must therefore be disregarded on the basis of commercial viability.

The objectives of the 3(c) zone are:

Council in this regard would require the applicant to demonstrate that only the above objectives (a) and (c) are to be taken into consideration with regard to the development application. Accordingly, objective (b) with regard to allow for residential development in mixed use buildings, with non-residential uses on at least the ground level and residential uses above, so as to promote the vitality of business centres under the policy is not a matter that may be taken into consideration by a consent authority. Accordingly, the proposed development under the provisions of such a policy would be acceptable.

Any other matters prescribed by the RegulationsThe Regulations prescribe the following matters for consideration for development in the Hurstville Council area:Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.3. Development Control PlansDEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The proposal is required to comply with the relevant parking requirements of Section 3.1 of Development Control Plan No 1 shown in tabular form below:

Section 3.1 Car Parking Standard ProposedComplies
Commercial
1 space/50sqm:
889sqm
18 spaces required 18 + 2 mechanically stacked spaces provided No (1)
Residential
1 space / 2br or less


2 spaces/3br or more
15 spaces required for 15 x 2 br units
4 spaces required for 2 x 3 br units
19 required in total
18 spaces provided


4 spaces provided

22 provided in total
Yes


Yes
Visitor 1 space per
4 x units
5 spaces required5 spaces provided Yes
Total spaces42 spaces in total required 47 provided in total including 2 spaces mechanically stackedYes
(1) Commercial spaces


The development has a surplus of five (5) car Parking spaces, with two (2) of these spaces being in a vertical mechanical car stacker arrangement.

Council generally does not support vertical car stacking, however as the application does not rely on this parking to comply with the minimum requirements, no objection is raised.

However, it is recommended that the general allocation of car spaces within the basement car park between residential and commercial uses can be more efficiently designed and a condition of consent is recommended to be imposed that the car spaces in the basement be renumbered, which is further discussed in the report.

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

The development guidelines requires one (1) adaptable dwelling for the first eight (8) units and then one (1) for every ten (10) units after that, or part thereof. This equates to a total of two (2) adaptable dwellings, which have been provided in the proposal with a total of (4) disabled parking spaces available for adaptable use in accordance with AS1428.2. The proposal complies with Section 3.3 of Development Control Plan.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGNThe proposal is deemed to satisfy the requirements of Development Control Plan No 1 - Crime Prevention through Environmental Design (CPTED) by addressing CPTED principles. These are discussed below.As can be seen from the above assessment, the development complies in full, or may be conditioned to comply in full with the requirements of Council’s Development Control Plan No 1 – LGA Wide - Section 3.4 Crime Prevention Through Environmental Design.

4. Impacts

Natural Environment

It is considered unlikely the proposal will significantly impact the natural environment, given the existing setting is in within a built-up environment with the exception of the removal of existing trees to which Council’s Tree Management Officer has raised no objections.

Built Environment

Streetscape

The three (3) storey component of the development is mainly the Forest Road elevation, being the main road, and is compatible with existing buildings in the area and with the approved part two (2)/part three (3) storey development opposite the site at 37-43 Forest Road. The two (2) storey component provides transition to the interface with the existing single storey dwelling adjacent to the un-named laneway, whilst preserving amenity to existing adjoining uses. The proposed design of the building provides good articulation of the overall bulk of the development with regard to existing heritage buildings in the vicinity.

Social Impact

The proposal will provide for additional housing, which will further provide for at least two (2) adaptable units within the development and is considered unlikely to create any adverse social impacts to the community. The use of the un-named laneway with increased passive surveillance and use of a section of the un-named laneway with pedestrian friendly paving is likely to provide a positive impact to an existing laneway, which is currently isolated and poorly utilised.

Economic Impact

The proposal will create employment during the demolition and construction phases of the development. The proposal will further provide for 889 square metres of leasable floor area to retail and commercial use that will potentially increase generally employment opportunities.

Suitability of the Site

The proposed mixed use development of retail, commercial and residential is permissible in the 3(c) City Centre Business zone. The proposal will not involve site remediation and it is considered there are no attributes to the site that render it unsuitable for the proposed development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. As a result no submissions were received in regard to the proposal.

Council Referrals

Manager - Development Advice

Comments provided advised of general standard conditions regarding stormwater control and including advice relating to future strata subdivision.

Senior Environmental Health and Building Surveyor

No objections were raised by the Senior Environmental Health and Building Surveyor subject to recommended conditions of consent.

Senior Traffic Engineer

The potential impact on the road networks was considered to be acceptable from the proposal. However, initial objections were raised to previous plans lodged with Council regarding inadequate manoeuvrability within the basement car park with the blind aisles to be reconfigured to comply with Australian Standards. The review of amended plans received no further objections to manoeuvrability, however, the general allocation of car spaces within the basement despite having a surplus of four (4) spaces between commercial, residential and disabled spaces are considered to be confusing and inefficient. It is considered the reallocation of car spaces can be addressed via imposing a condition of consent with reference to a basement plan, which reallocates car spaces by renumbering car spaces to allow a more efficient basement plan without any net loss to the number of proposed car spaces.

Furthermore, the proposed use for two (2) mechanical car stackers to be installed above two (2) commercial spaces was queried by Council’s Senior Traffic Engineer with regard to its performance and given Council does not generally encourage the use of mechanical car stackers. However, it is considered, as the proposal provides a surplus of three (3) parking spaces, the proposal is not dependent upon the additional two (2) car spaces, which can be provided via means of a mechanical stacker. Accordingly, it is considered the two (2) overhead car spaces made available via a mechanical car stacker is acceptable in this case and will provide an example of mechanical car stackers in operation, which may then be monitored by Council’s Traffic section regarding its general performance and maintenance.

External Referrals

Roads and Traffic Authority (RTA)

The RTA raised no objections to the proposal and advised, the proposal will not have a significant traffic impact on the classified road network.

Urban Design Review Panel

The design was discussed at the Design Review Panel on 3 June 2010. Below is a summary of the report to Council.
Comment: The proposal has been amended with regards to recommendations provided by the Panel.


6. CONCLUSION

The proposal has been considered having regard to the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. The objection to the development standard under SEPP 1 to exceed the two (2) storey height limit is considered to be well founded with regard to a part two (2) and part three (3) storey mixed use development and is considered to satisfactorily respond to the scale of the surrounding developments with amended plans that detail treatment to the façade, which reduce the perceived height and scale of the building. The additional one (1) storey in height has been appropriately located within the development to minimise adverse impacts to adjoining properties, accordingly the proposed development is recommended for approval.RECOMMENDATIONThe Objection pursuant to the provisions of State Environmental Planning Policy No 1 to the height restriction standard in clause 15A of the Hurstville Local Environmental Plan, 1994, is considered well founded and compliance with the standard would be unnecessary and unreasonable.

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 09/DA-176 for the demolition of existing buildings and the construction of a part two/part three storey mixed use building with one level of basement on Lot 100 DP 1131200 and known as 45-51 Forest Road, Hurstville subject to the attached conditions:1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. Subdivision - No approval is expressed or implied to the subdivision of the subject land or dwellings. For any future Strata subdivision, a separate development application is required to be submitted and approved by Council.

5. MI17 - A separate Development Consent shall be obtained for the first commercial / retail / office use of each occupancy.

6. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.7. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.PR1 - Prescribed Conditions of Development Consent
This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs

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

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

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

(c) stating that unauthorised entry to the work site is prohibited




This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of
(i) the name and licence number of the principal contractor

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

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

8. ZCI - A positive covenant is to be created over the common property by an instrument pursuant to Section 88B of the Conveyancing Act 1919, to be submitted to Council for endorsement with the final subdivision plans. This covenant is to be worded as follows:

"It is the responsibility of the Building Owner/Owners Corporation to remove all graffiti, bill posters, unapproved signage, pamphlet boxes and the like, from the common property within 7 days of such information being reported to the Owners Corporation.

Hurstville City Council is to be nominated as the Authority to release, vary or modify this covenant."

9. HOl - Hoardings

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

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

10. MI130.1 - Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials.

Note: SAA/SNZ Handbook 197:1999 - An Introduction Guide to the Slip Resistance of Pedestrian Surface Materials may assist in the use of AS/NZS 4586:2004.

Demolition Conditions

11. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.

(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.

(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:

(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.

(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.

(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.

(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.

(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.


12. DE7 - 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.

13. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

14. DE9 - The developer /builder is to 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 ( i.e. WorkCover or Hurstville City Council). 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.

15. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

16. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.

17. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
18. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.19. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.20. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

21. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

22. S942 - Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for open space and community recreation facilities.

The contribution relates to Plan no. 2 and is based on the criteria that any development which results in a nett increase in the City's population will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The total open space and community recreation facilities contribution required and payable before release of the Construction Certificate is $107,174.00.

23. S944 - Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for community services and facilities. The contribution relates to Plan no. 4 and is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.

The total community services and facilities contribution required and payable before release of the Construction Certificate is $57,908.00.

24. S945 - Management - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for Section 94 planning and management.

The contribution is related to Plan no. 5 and is based on the criteria that the significant costs to Council associated with Section 94 planning and management are a direct measurable consequence of the approved development. Therefore it is appropriate to seek to partly offset these costs from the development.

The total Section 94 Management contribution required and payable before release of the Construction Certificate is $4,272.92.

25. S946 - Library and Information Services - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for library and information services.

The contribution is related to Plan no. 6 and is based on the premise that any development which results in a nett increase in the City's population will create extra demand on Council's library and information services provision. Furthermore, any such development will also generate an additional demand for the acquisition of library book stock.

Contributions are also sought from retail/commercial development within the Hurstville Town Centre, as defined by the map in the Plan.

(a) The contribution rate for residential development is $29,546.00.

(b) The book stock acquisition contribution for residential development is $167.13

The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $29,713.13.

26. S948 - Indexing of all Section 94 Contributions - All contributions payable pursuant to Section 94 conditions must be paid before issue of the Construction Certificate, and will be indexed quarterly in accordance with the Consumer Price Index - Sydney All Groups, published by the Australian Bureau of Statistics. If you seek to obtain a Construction Certificate more than three (3) months from the date of this consent you must contact Council to determine the variation in the contribution(s) before payment. If you engage an accredited certifier payment(s) must be made before issue of the Construction Certificate. Failure to do so can result in problems including incorrect cheque preparation, return of payment, and delay in obtaining your Construction Certificate.

27. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:

(a) What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.

(b) The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.

(c) The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.

(d) How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.

(e) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.

(f) A Soil and Water Management Plan detailing all sedimentation controls.

28. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) retaining walls
(h) stabilizing works

29. A plan showing the allocation of each car space to each individual unit in accordance with the conditions of the development consent shall be prepared. This plan shall accompany the application for the Construction Certificate.

30. EF1 - Essential Fire Safety Measures - A list of the Essential Fire Safety Measures that include existing and/or proposed measures is to be provided in relation to the land/building. The list must also specify the minimum standard of performance for each measure. The list shall accompany the application for a Construction Certificate.31. Alignment Levels - An application must be submitted to Council to obtain alignment levels and vehicular crossing levels for the whole frontages of the site in Forest Road, Lily Street and the two laneways before designing internal driveways and car parking. Evidence that the proposed internal driveway design, car parking areas and other access ways to the building complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.32. Noise levels emitted from any plant, machinery, mechanical exhaust system or any outdoor air conditioning unit must not exceed 5dB(A) above the background noise level when measured at any point on the boundary of the site. 33. Should the Council be appointment as the Principal Certifying Authority, the Construction Certificate application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Development Control Plan No 1 – LGA Wide - Access and Mobility and AS 4299 Adaptable Housing.34. To minimise vibration damage or loss of support to the roadway in close proximity, a report shall be prepared by a qualified geotechnical engineer detailing works and procedures required to be undertaken during excavation. The report must be submitted with Construction Certificate application and the recommendations of the engineer are taken to be conditions of consent.35. Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting Council’s roadways/footways must be submitted to Council.36. In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

a) Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.
b) The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of council.
c) Documentary evidence of such insurance cover to the value of ten(10) million dollars must be submitted to Council prior to commencement of the excavation work.
d) The applicant must register a non-terminating bank guarantee in favour of Council for the amount of $20,000.00.

e) In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.37. Prior to the commencement of work above ground level a ‘B’ and or ‘C’ Class hoarding, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footways/roadway where the building is within 3.0 metres of the boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council and be accompanied by:

a) Detailed plans of the hoarding that are certified by an appropriately qualified engineer; and
b) The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and
c) A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party. The copy is to be provided to Council before the issue of the Construction Certificate.

38. DR11 - Stormwater drainage plans - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer 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.39. DR12 - On-Site Detention - An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

(a) For events up to a 1% (depending upon the type of development) annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987). Maximum peak site discharge resulting from the development shall not be greater than peak site discharge, where the lots were previously occupied by a single dwelling, garage, lawn and garden.

(b) Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

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

Full details shall accompany the application for the Construction Certificate.

40. The underground basement car park must pump to and all other stormwater must drain by gravity to the upper level of the kerb inlet pit outside the site.41. Geotechnical Reports - The developer must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer 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 and any excavations.

(b) Dilapidation Reports on the adjoining properties including, but not limited to 76 Lilly Street, Hurstville and 53 Forest Road, Hurstville 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 stairway for pedestrian access. This must be submitted to the Principal Certifying Authority and the adjoining residents five (5) working days prior to any works on the site.

42. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

43. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.

44. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

45. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.

46. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.47. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.48. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.49. PU1.1 - Sydney Water - Access to Water and Waste Water Services - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" 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 with the application for a Construction Certificate.

50. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

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


or telephone 13 20 92.51. PW6 - Vehicle Wash Bays - All car washing shall be conducted in a roofed and bunded wash bay, with pre-treatment approved by Sydney Water, graded to a drainage point and connected to the sewer. Evidence of approval of the system by Sydney Water to be submitted with the application for a Construction Certificate.

52. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

53. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

54. PU4 – Energy Australia - Substations/Kiosks Energy Australia shall be consulted 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 the required dimensions as agreed with Energy Australia, indicating the location of the proposed electricity distribution substation site. The substation must be located within the boundary of the development site, or within the building, subject to compliance with the BCA. The substation site to be dedicated to Council as public roadway, or as otherwise agreed with Energy Australia. For details visit www.energy.com.au or call 131525:

55. PU5 – Energy Australia - Underground Electrical Conduits – Energy Australia is to be consulted to determine if underground electricity conduits are to be installed in the footway. If so, the developer is to install the conduits within the footway across the frontage/s of the development site, to Energy Australia's specifications. Energy Australia will supply the conduits at no charge. The developer is responsible for compaction of the trench and restoration of the footway in accordance with Council direction. For details visit www.energy.com.au or call 131525. Where works within the road reserve are to be carried out by the developer, a Road Opening Permit Application must be submitted to, and approved by, Council before the commencement of work.

56. PU6 – Energy Australia - clearances to electricity mains - If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, Energy Australia is to be consulted to determine if satisfactory clearances to any existing overhead High Voltage mains will be affected. If so, arrangements are to be made, at your cost, with Energy Australia for any necessary modification to the electrical network in question. For details visit www.energy.com.au or call 131525.

57. PU8 – The electricity supply to the subdivision must be underground.

58. PU11 - Water, Waste Water, Electricity, Gas and Telecommunications - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

59. PU12 - Telecommunications Aerial Cables - Where the under grounding of low voltage electricity cables is required, the developer shall be responsible for arranging and payment of the cost of the under grounding of all telecommunications aerial cables, where the electricity poles are to be removed.

60. IN3 - Fire Safety Measures - Prior to the issue of a Construction Certificate a list of the 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 an accredited certifier. Such list must also specify the Minimum Standard of Performance for each Fire Safety Measure included in the list. The Council or Accredited Certifier will then issue a Fire Safety Schedule for the building.

61. The noise level of the air conditioning unit will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning unit if operated outside these hours must not exceed the background ambient noise level.

62. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.

63. WA9 - Arrangements must be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Principal Certifying Authority.
64. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until;

(a) a construction certificate for the building work has been issued by:

(i) the consent authority; or
(ii) an accredited certifier; and
(i) notified Council of his or her appointment;
(ii) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are required to be carried out in respect of the building work; and

(d) the person having the benefit of the development consent has:

(i) appointed a principal contractor for the building work who must be the holder of a contractor licence for the residential building work involved;
(ii) notified the principal certifying authority of any such appointment, and
(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and

the person having the benefit of the development consent has given at least 2 days notice to the Council of the person's intention to commence the erection of the building.

Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.

65. BC1 - Construction Certificate - No work shall commence until you:
66. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:67. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.68. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

69. BC6 - Home Building Insurance for Residential Building Work (buildings with a rise in storeys of more than 3)- The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

70. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 71. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:
72. MI128 - Notice of Excavation - The developer must notify the owners of the adjoining properties, by way of Certified Mail, of the proposed excavation of the subject land at least fourteen (14) days prior to the excavation of the site. Copies of the letters notifying the adjoining owners must be submitted to the Principal Certifying Authority before the commencement of work.

73. MI129 - Dilapidation Report - A Dilapidation Report on the adjoining properties detailing the existing condition of any existing walls, paths and fences, with photographs must be submitted to the Principal Certifying Authority before the commencement of work.74. PU6 – Energy Australia - Clearances to Electricity Mains - If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, Energy Australia is to be consulted to determine if satisfactory clearances to any existing overhead High Voltage mains will be affected. If so, arrangements are to be made, at your cost, with Energy Australia for any necessary modification to the electrical network in question. For details visit www.energy.com.au or call 131525.75. SU58.1 - Car parking spaces shall be made a part lot together with the individual principal lots in any Strata Plan of the subject building. Parking part lots shall be allocated in accordance with the approved basement car park plan as modified by Council.76. DE3 - During excavation of the site and construction works, Council's footpath shall be adequately supported to Council's satisfaction.
77. IN3 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the principal certifying authority and the undermentioned inspections: (c) All inspections necessary to determine that the requirements of the Building Code of Australia are being met.

78. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:
(b) Setout before commencing excavation.
(c) Floor slabs or foundation wall, before formwork or commencing brickwork.
(d) 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.
(e) 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.
(h) Other.

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

79. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday.


A Penalty Infringement Notice may be issued for failure to comply with this condition.

80. PN4 - Offensive Noise Generally - The use of the premises, building services, equipment, machinery and ancillary fittings must not give rise to offensive noise as defined under the Dictionary of the Protection of the Environment Operations Act 1997.81. BC5 - Bulk Excavation or Filling Levels - The bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.

82. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

83. MI130.2 - Slip Resistance - Details relating to the type of pedestrian surface materials to be used in areas such as the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units, the location of each type of surface material, the slip resistance classifications of those materials as determined through test methods using wet or dry conditions, and verification by way of, for example, copies of test reports issued by the CSIRO, that the pedestrian surface materials comply with AS/NZS 4586:2004 must be submitted to either Council or accredited certifier before installation of such materials.

84. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.

85. The underground basement car park must pump to and all other stormwater must drain by gravity to the upper level of the kerb inlet pit outside the site.

86. MI25 - Balcony Drainage - The floors of the balconies must be graded and drained to a grated inlet and connected to the stormwater drainage system.

87. WA2 - The following waste and recycling facilities are to be provided:
The Waste Storage Area must house the number of 240 litre MGBs as indicated above. Access to the Waste Storage Area is to be unimpeded, such that there is no fence, gate or door that will prevent unrestricted access to the Waste Storage Area.

The Waste Storage Area is to be located level with all adjacent pathways and the rear of the Waste Storage Area is to be no more than fifteen (15) metres from the front boundary.

All pathways and access areas to the Waste Storage Area are to be a minimum of 1.5 metres in width.

88. PV4 - All access driveways, queuing areas, ramps, gradients and the like for parking areas must be constructed in accordance with the provisions of Council's Development Control Plan, except where otherwise approved by Council.

89. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council's Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

90. MI21.1 - Internal Driveways - Internal driveways, entered from the footpath, shall be designed to conform with Council's Development Control Plan. Regard shall be given to crossfall, in longitudinal profile, of the footpath in the design of footpaths.

91. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

92. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

93. PV1 - Linemarking and Numbering - All car parking spaces are to be sealed, graded, drained, clearly linemarked, and numbered.

94. LA3 - Retaining Edge - A retaining edge of masonry or other approved barrier of a minimum height of 150 mm must be erected around the landscaped areas to contain the soil and mulch material and to prevent the encroachment of motor vehicles.

95. LA5 - Wheel Stops - The developer must install wheel stops to all parking spaces fronting landscape beds.96. LA6 - Common Taps - The developer must provide a common tap/taps or an irrigation system to enable all landscape works to be adequately watered.97. LA7 - Protection of Tree Roots - Underground services shall be routed to avoid existing tree root zones. Where trenching for services is unavoidable, any roots larger than 25mm in diameter shall be conserved and services placed below the roots.98. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 99. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.100. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

101. DE5 - The footpath and roadway shall be kept clear of obstructions, building materials, and liquid or solid waste of any type whatsoever at all times. Severe fines apply for an offence and where Council makes repairs or provides temporary public safety measures. The cost of these works may be deducted from the damage deposit.

102. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

103. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.
104. Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building.

Prior to the issue of the occupation certificate the principal certifying authority for the building work to be carried out on the site must be satisfied that:

(a) any preconditions required by the development consent to be met have been met; and such building work has been inspected by that principal certifying authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the principal certifying authority and the conditions required by this development consent.105. IN3 - Fire Safety Certificate Before Occupation or Use - Prior to the issue of an occupation certificate the owner of the building must issue a fire safety certificate and must cause a copy of that fire safety certificate to be given to the principle certifying authority issuing the occupation certificate. The fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates:

Note: The owner of the building:


106. The part of the un-named lane on the south east of the site, not required for vehicular traffic, should be paved or landscaped and separated by bollards and is able to be used for passive recreation subject to the Council’s Traffic Manager.107. LA1 - Completion to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be completed before the issue of the occupation certificate.

108. PU1.2 - Sydney Water - Access to Water and Waste Water Services - The Section 73 Certificate must be submitted to the Principal Certifying Authority before occupation of the development/release of the plan of subdivision.

109. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 309185M dated 3 May 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

110. MI130.3 - Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. A Compliance Certificate must be submitted to either the Council or accredited certifier detailing the results of the slip resistance measurements and that the pedestrian floor surfaces comply with AS/NZS 4586:2004 before occupation.

111. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

112. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.113. The proposed building structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, a Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.114. Prior to the issue of the Occupation Certificate, a lighting system shall be installed for the development to provide uniform lighting entry and exit points and car parking areas. Exterior lighting shall be located and directed in such a manner so as not to create a nuisance to surrounding land uses. The lighting shall be in accordance with AS 4282 “Control of the obtrusive effects of outdoor lighting”.115. Parking spaces shall be clearly designated (sign posted and marked on ground) and line marked prior to the issuing of an Occupation Certificate. Signage, pavement symbols and line marking shall comply with Australian Standards, AS1742, Manual of Uniform Traffic Control Devices and NSW Road Transport (Safety and Traffic Management) Regulations 1999.116. EF3 - Annual Fire Safety Statement - The owner of the building must issue an annual fire safety statement in respect of each essential fire safety measure in the building premises and cause a copy of that certificate to be given to Council within 14 days of its receipt by the owner.

The annual fire safety statement must be to the effect that:
The owner of the building must also cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner and as well cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

117. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

118. MI130.4 - Slip Resistance - The pedestrian surface materials in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units must be maintained on a regular basis which must include, as part of the maintenance programme, inspections and testing of the floor surfaces which must be carried out in accordance with AS/NZS 4663:2004 - Slip Resistance Measurement of Existing Pedestrian Surfaces.

119. Access to Visitors' Parking - visitor parking spaces are to be clearly signposted, with durable metal or similar signs, and accessible at all times. Any security gates or doors must be located to permit sufficient manoeuvring area for visitor vehicles to enter and leave the property in a forward direction.

120. PV6 - Residential parking requirements for 4 or more units – Twenty two (22) resident parking spaces and five (5) visitor spaces shall be provided in accordance with the approved plans. The visitor spaces are to be clearly signposted with durable metal or similar signs. The visitor car spaces shall be shown as common property in any strata plan.121. PV8 - Parking space number/availability, retail and commercial uses - Eighteen (18) parking spaces excluding two (2) spaces by overhead mechanical stacker system are to be provided and these spaces must be unobstructed and available at all times for the parking of visitors/customers/ employees/service vehicles.122. PV9 - General Signage - The owner of the property must maintain the car park, including all signs, line marking, and bay numbering, in accordance with AS 2890.1-1993 Australian Standard Parking facilities Part l: Off-street car parking.

123. PV10 - Car Park Direction Signage - the direction of every entry/exit point and circulation route must be clearly marked in durable paint and/or durable metal or similar signposting.

124. PVI2 - Use of Car Parking Spaces – The car parking spaces shall be linemarked and used only for the parking of vehicles and not used for the storage of any materials or waste matter.

125. PV14 - Prohibited Parking - Visitors' vehicles must only be parked in the spaces provided on the subject premises and not on adjacent footpath or landscaped areas.

126. PV15 - Disabled Parking – A minimum of 2 parking space(s) for disabled persons must be provided /sized/marked/signposted in compliance with Australian Standard 2890.1-1993.

127. PV16 - Obstruction of Parking and Manoeuvring Areas - Goods and/or waste or extraneous material must not be stored in the vehicular manoeuvring and parking areas. Those areas must be kept clear at all times for the manoeuvring of vehicles.

128. PV18 - Vehicles must Enter and Exit in Forward Direction - With the exception of garbage and recycling collection vehicles, all other vehicles must be driven in a forward direction entering or exiting the property. Adequate space must be provided and maintained on the land to permit all vehicles to turn. A durable metal or similar sign at the entrance of the site indicating that "All vehicles are to enter and exit the site in a forward manner".

129. PV19 - Loading or Unloading - The loading and/or unloading of all goods and materials used in conjunction with the development must take place within the property.

130. PV22 - Approved car parking spaces must not be partitioned or otherwise enclosed to form garages.

131. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.132. LA4 - Parking on Landscaped Areas - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.

133. Drainage Maintenance - The on-site detention drainage facility shall be maintained at all times in accordance with the approved plans and with the Positive Covenant on the title to this effect.

134. WA10 - Waste from any vehicular or wash bay must not discharge to the street, water table or natural watercourse. All waste must be discharged to the sewer and comply with the requirements of Sydney Water or, where possible, be recycled.

135. WA8 - The premises must be maintained in a clean and tidy state at all times.

136. ZC10 - The building exterior is to be maintained in a clean and neat manner, including the regular cleaning of windows. Any such window cleaning is to be done in a water efficient manner, for example no hosing of the windows is permitted.

137. PV17 - Removal of Redundant Crossings and Restoration of Kerb/Gutter/Footpath - Any existing vehicular crossings which are redundant must be removed, and the kerb (and any footpath) restored at your expense, by either prepayment to Council to:138. ZC7 - Under awning lighting to illuminate the footpath at night time for pedestrians is to be provided. The lighting should be energy efficient. In particular, additional lighting should be provided along the unnamed laneway and at the stairwell located at the corner of Forest Road and Roberts Lane. 139. Appropriate street lighting must be provided the entry/exit driveway as per AS/NZ 1158. 140. All allocated car parking spaces shall be freely available for the customers of the proposed development.141. Any wall or fence or solid object on either side of the driveway/vehicular crossing where it meets the Council’s road reserve at the boundary must comply with sight distance requirements stipulated in the Australian Standards AS2890.1.142. The maximum size of truck/service vehicle using the proposed development shall be restricted to Small Rigid Vehicle with a maximum length of 6.4 metres.143. All vehicles shall enter and exit the premises in a forward direction.144. No deliveries to the premises shall be made direct from a public place or street inclusive of footpaths, nature strip, roadway and car parks.145. All loading and unloading of vehicles in relation to the use of the premises shall take place wholly within the dedicated loading/unloading areas, which is wholly within the site.

CONDITIONS RELATING TO ANY FUTURE STRATA SUBDIVISION OF BUILDING(S)

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied.

146. Unit Numbering - Apartment type numbers shall be installed adjacent or to the front door of each unit. The unit number shall coincide with the strata plan lot numbering.147. Car Parking Space Marking and Numbering - Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering. 148. “Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.149. Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".150. No parking spaces shall be created as an individual allotment on any Strata Plan.151. All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.152. The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan.

153. In addition to the statutory requirements of the Strata Schemes (Freehold Development Act 1973) a Strata Certificate must not be issued which would have the effect of:154. The location any on-site detention facility shall be shown on the strata plan and suitably denoted.155. A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:
156. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse two (2) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, 95, and 95(A) of the Act.

157. If you are not satisfied with this determination, you may:
158. AD1 - Dial Before you Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of:

For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

159. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

160. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.

161. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.

162. AD6 - Access for Persons with a Disability - In addition to Council's Development Control Plan and the Building Code of Australia, the Commonwealth Disability Discrimination Act 1992 may impose greater obligations on providing access/facilities for disabled persons. For more details visit the Human Rights and Equal Opportunity Commission website www.hreoc.gov.au or call 9284 9600.163. AD7- Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.164. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

165. AD9 - Construction Zone - You may apply for a construction zone on the roadway adjacent to the site for the duration of the construction work, by way of written application and payment of fees detailed in our Schedule of Fees and Charges.

166. AD10 – Energy Australia - The minimum safe distance from overhead power lines shall be maintained in accordance with the requirements of Energy Australia. For details visit www.energy.com.au.167. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.

(c) Use part of Council's road/footpath area.

(d) Pump stormwater from the site to Council's stormwater drains.

(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

168. Should the Council be appointment as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the Building Code of Australia. However, if an alternative solution is proposed it must comply with the performance requirements of the Building Code of Australia, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justifying the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent pier review by either the CSIRO or other accredited organisation. In these circumstances, the applicant must pay all costs for the independent review.169. Access and sanitary facilities for persons with disabilities must be provided to the commercial units and basement car park in accordance with the requirements of the Building Code of Australia, AS 1428.1 and the Disability Discrimination Act. Details must be submitted with the Construction Certificate application.170. Should the Council be appointment as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the Building Code of Australia:
171. Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the Building Code of Australia. In addition, the proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. The envelope of conditioned space must be identified on plan. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority.172. If you need more information, please contact Senior Development Assessment Officer Mr I Karaman on 9330-6169 during normal office hours.

* * * * *


DECISION - DAC

THAT the SEPP 1 Objection be supported.
THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX

Company extract - 45-51 Forest Road Hurstville.pdf
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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC103-10 PK - 30 SAMUEL STREET, PEAKHURST - DEMOLITION OF EXISTING DWELLING HOUSE AND CONSTRUCTION OF TWO TOWNHOUSES AND ONE VILLA


Applicant

Ameneo Modellino

Proposal

Demolition of existing dwelling house and construction of two townhouses and one villa

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention Requirements, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environmental Plan 1994 interpretation of use

Demolition and multiple dwellings

Owner/s

Ameneo Modellino

Existing development

Single dwelling house

Cost of development

$753,000.00

Reason for referral to Council

Three submissions received and variations to DCP 1

Report author/s

Manager - Development Assessment, Ms T Christy and Development Assessment Officer, Mr P Nelson

File No

10/DA-191

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks permission to demolish the existing dwelling house and construct two (2) townhouses and one (1) villa on the subject site.

2. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans under which two (2) variations are proposed.

3. The application was notified in accordance with Council’s requirements and three (3) submissions were received in reply.

4. The application was deferred at the Development Assessment Committee meeting of 1 September 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 6 October 2010.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

BACKGROUND

The application was deferred at the Development Assessment Committee meeting of 1 September 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 6 October 2010.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of existing structures and construction of a multiple dwelling development containing two (2) x two (2) storey, four (4) bedroom townhouses and one (1) x single storey three (3) bedroom villa.

Each townhouse is to comprise a lounge room, dining area, toilet, laundry and kitchen on the ground floor and a bathroom and four (4) bedrooms on the first floor. The master bedroom of each townhouse also has a balcony that faces to the east (centre of the site). Each townhouse also has a double garage.

The rear villa comprises a lounge room, dining area, kitchen, bathroom, laundry and three (3) bedrooms, one (1) with an ensuite bathroom. The villa also has an attached double garage.

The development is accessed via a driveway running along the side, eastern boundary. This results in the rear courtyards of Townhouse 1 and Townhouse 2 facing west. The courtyard of the rear Villa 1 faces west and north.

The proposed development has also been designed to retain four (4) significant canopy trees on the south eastern side of the site.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the northern side of Samuel Street. The site has a frontage of 20.115m and an area of 1011.5sqm. The site is generally level, with a very slight fall to the street of approximately 530mm evident along the 50.29m length of the property.

A single dwelling house and numerous rear outbuildings are currently located on the site. Four (4) canopy trees are evident on the eastern side of the subject site and range in location from the front to the centre of the allotment. Two (2) of these significant trees have been surveyed and are located on the boundary with the adjoining villa development at 28 Samuel Street. These trees are proposed to be retained as part of the proposed development.

Adjoining the site to the west is a single storey single dwelling house. A villa development is located to the east of the site. The area generally comprises residential developments of varying densities and other townhouse and villa and dual occupancy developments are evident in the nearby vicinity.

Samuel Street is a relatively narrow street with adequate on street parking.


BACKGROUND

No relevant background exists that would affect the assessment of the current application.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 - Residential and the proposed development is permissible in the zone with the consent of Council. The proposal meets the zone objectives.

Clause 14 - Tree Preservation Orders

Four (4) significant trees on site are proposed to be retained as part of the proposed development. This is in accordance with the requirements of this Clause of the Local Environmental Plan. The provision of an access driveway and some services will be required within the drip-line of a these trees. Standard conditions of consent in relation to tree preservation will apply to any consent.

Clause 15 - Services

Facilities for the supply of water and for the removal or disposal of sewage and drainage are available to the subject site. Appropriate conditions of consent have been attached to the recommendation to ensure the provision of these services.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The proposal is consistent with the Regional Environmental Plan and Council’s requirements for the disposal of stormwater from the site.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated. Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

No Draft Environmental Planning Instruments affect the site.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal. Appropriate conditions of consent have been attached to the recommendation, should consent be granted.

3. Development Control Plans

The proposal has been assessed against Council’s relevant Development Control Plans and Sections and the proposal compares as follows.

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

Section 3.1 StandardProposalComplies
Car parking for 3br or > = 2 on site spaces per dwelling (3 dwellings proposed) 6 car spaces6 car spacesYes
1 visitor space for 4 or more dwellings0 visitor car space0 visitor space provided Yes
Car wash bay1 car wash bay required for 4 or more dwellings (can be visitor space)0 car wash bay providedYes
As demonstrated in the table above, the proposal complies in full with the requirements of this section of Development Control Plan No 1.


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

Section 3.4 StandardProposalComplies
FencingAllows natural surveillance to streetNo front fencing proposedYes
Blind CornersTo be avoidedNo blind corners evidentYes
Communal AreasProvide opportunities for natural surveillanceThe driveway is visible from both the street and each townhouse and the villaYes
EntrancesClearly visible and not confusingEntrance to each dwelling is clear and visibleYes
Site and building Layout-Provide surveillance opportunities
-Building addresses street
-Habitable rooms are directed towards the front of the building
-Garages are not dominant
-Offset windows
Natural surveillance of the site is available from the dwellings. All living areas of the front townhouse face Samuel Street.Yes
Landscaping-Avoid dense medium height shrubs
-Allow spacing for low growing dense vegetation
-Low ground cover or high canopy trees around car-parks and pathways
-Vegetation used as a barrier for unauthorised access
Landscaping proposed is appropriateYes
Lighting-Diffused/movement sensitive lighting provided externally
-Access/egress points illuminated
-No light-spill towards neighbours
-Hiding places illuminated
-Lighting is energy efficient
Standard lighting considered to be appropriate Yes
Building Identification-Clearly numbered buildings
-Entrances numbered
-Unit numbers provided at entry
Dwelling number requirement is a standard condition of consent Yes
SecurityProvide an appropriate level of security for each dwelling and communal areasAppropriate level of security provided for the dwellingsYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipOwnership implied by separation of dwellings and use of internal allotment fencesYes
As demonstrated by the table above, the proposal complies in full with the requirements of this section of Development Control Plan No 1.


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

The BASIX Certificate submitted with the application meets the minimum targets. The proposed development meets the solar access requirements of Development Control Plan No 1.

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

The proposed development may drain by gravity to the street in accordance with the requirements of Section 3.7 of Development Control Plan No 1.

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

The Waste Management Plan submitted with the application is in accordance with the requirements of Development Control Plan No 1. Garbage bin provision and storage/collection requirements can be conditioned to satisfy the requirements of Section 3.7 of the Development Control Plan.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

Development Area B Controls
Standard
Proposal
Complies
Solar AccessAdjoining properties must be capable of receiving not less than four hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 22 JuneAdjoining properties will receive sunshine in accordance with the requirementsYes

Privacy and viewsSite planning must take into account any adverse privacy impacts on neighbouring propertiesMinimal privacy impacts on adjoining developments as first floor windows are for low use bedrooms and balconies face in towards the subject site with good separation from adjacent neighbours Yes
RoofsRoof pitch to be between 22 and 35 degrees26 degrees roof pitchYes
Minimum Street Frontage15m20.115mYes
Residential Density (site area/unit)315sqm per dwelling (3 dwellings proposed) = 945sqm1011.5sqm (337.1sqm/dwelling)Yes
Landscaped Open Space50% (505.75sqm)49.9% (504.8sqm)No (1)
Front Site Height Maximum9m8.05mYes
Rear Site Height Maximum6m with max. perpendicular height on all boundaries to be 1.5m5.3mYes
Front Site Storeys Maximum21Yes
Rear Site Storeys Maximum11Yes
Attached Dwellings
Minium Private Open Space for dwellings with:
-More than 3 bedrooms
60sqm63sqm minimumYes
Minimum Dimensions of Principal Private Open Space for dwellings with:
-More than 3 bedrooms
4m x 5m 6.7m x 5.4m minimumYes
Front Boundary SetbacksMinimum 4.5m4.5mYes
Rear Boundary SetbacksBuilding EnvelopeComplies with building envelopeYes
Rear Site – side boundary setback1.35m or building envelope, whichever is greater (1.7m required)900mmNo (2)
Fences at the front boundary-1m fronting public space

-No principal private open space to be forward of the building line
No front fence

No principle private open space forward of the building alignment
Yes

Yes
Storage6 cubic metres per dwelling6 cubic metres per dwellingYes
Drying facilitiesTo be visually screened from the streetIn the rear yard of each villa and screened from the streetYes
(1) Landscaped Open Space


The proposal by calculation off a 1:200 scale drawing provided 49.9% landscaping, or 504.8sqm in total. This is less than a square metre (950sqmm) short of the overall 50% landscaping required for the site. This variation is considered to be of such a minor nature that it is acceptable in this instance due to the fact that no additional impact occurs as a result of the 950sqmm shortfall in landscaping. The design also provides for the retention of four (4) significant canopy trees on site, which is considered to be a positive outcome for the landscaping treatment on the site.

(2) Rear Site - Side Boundary Setback

The proposal requires a 1.7m rear eastern side boundary setback for the rear single storey villa. The proposal seeks a 900mm setback. The variation to this side boundary setback does not result in any decrease in neighbour amenity as overshadowing and privacy considerations would be almost identical from the single storey structure whether a 900mm setback or a 1.7m setback were proposed. This is due to the fact that the rear villa is single storey and only a small ensuite bathroom window is located in this eastern wall. While the variation may be conditioned to comply by sliding the footprint of the rear villa 800mm to the west, this condition is not considered to be necessary in this case as the impacts are negligible. The variation is thereby supported on the basis that it does not have any additional impact on the eastern neighbour.

4. Impacts

Natural Environment

The development application proposes the retention of all significant trees on the site. The proposal is considered to respond appropriately to environmental considerations.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment. The proposed development is permissible in the zone and complies with the requirements of the relevant planning instruments and Development Control Plans. The development is also similar to other multiple dwelling developments in the street and nearby vicinity.

Social Impact

The development is unlikely to result in a negative social impact.

Economic Impact

The development is unlikely to result in any major discernible impact on the local economy.

Suitability of the Site

The subject site is considered to be suitable for the proposed development. The site has no impediments which preclude it from being developed for the proposed multiple dwelling development. The proposed development complies with the requirements of the relevant planning instruments and Development Control Plans.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Three (3) submissions, including two (2) with additional signatures (totalling nine (9)), were received in reply raising the following issues.

Car parking and traffic

Three (3) submissions have been received in relation to car parking in Samuel Street. All submissions have indicated that the street is too narrow to permit the safe passage of vehicles along the street when vehicles are parked on both sides of the street. The submissions have indicated that the proposed development will result in an increase in demand for on street parking from visitors to the proposed development once it is completed.

Comment: The proposal has been designed to comply in full with the car parking requirements of Council’s relevant Development Control Plan No 1. The development proposes a double garage for each townhouse and villa which complies with Council requirements.

Privacy

The adjacent neighbour has indicated that first floor windows and balconies proposed will impact on their privacy.

Comment: The first floor balconies proposed are in the centre of the site and some 7.2m from the common side boundary. A side driveway on site and the driveway of the adjoining villa development provides a 14.5m setback from these balconies to the nearest adjoining neighbouring wall. The balconies are accessed from master bedrooms and offer small dimensions of 1.5m wide x 5.3m long. These balconies will not have a major impact on privacy as they offer a view into the driveway area of the adjacent villa development. This area is already visible from the street. No neighbouring areas of principal private open space are overlooked by these balconies. In relation to the first floor windows, a total of three (3) bedroom windows are located on the western elevation of the proposed townhouses. These windows are 3.46m away from the side boundary. This is a better outcome for privacy than may be achieved if a new dwelling house would be proposed. Also they are considered a low use and offer minimal impacts on neighbours.

Overshadowing

Concerns were raised with the excessive overshadowing.

Comment: The proposal exceeds the solar access requirements specified by Development Control Plan No 1. The site runs north/south so the shadow is not restricted to one (1) neighbour during the day.

Council Referrals

Manager - Development Advice

Council’s Manager - Development Advice has indicated that the proposal is satisfactory subject to conditions of consent.


6. CONCLUSION

The application proposed the construction of two (2) townhouses and one (1) villa. The proposal results in two (2) minor variations to Development Control Plan No 1. These variations are supported for reasons outlined in the report.

The proposal received three (3) neighbour submissions. The submissions have been addressed in the report.

The application is recommended for approval.


RECOMMENDATION

THAT pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants consent to Development Application 10/DA-191 for the demolition of existing dwelling house and the construction of two townhouses and one villa on Lot 23 DP 659239, and known as 30 Samuel Street, Peakhurst, subject to the following:

1. Standard conditions as adopted by Council for townhouse and villa developments. Excluding the following conditions: MI130; OC8; ST1 (g) and (h); 21 Geotechnical Reports; PW6; DR12; 33 RTA; SU58.1; DD2 (e) and (h); MI130.2; LA5; 75 RTA; MI130.3; 84 Drainage Maintenance; MI130.4. Including the following conditions:

2. Approved plans

Plan Number
Plan Date
Description
Prepared By
DA 028 Apr 10Site PlanMichael Hedwan
DA 038 Apr 10Ground Floor PlanMichael Hedwan
DA 048 Apr 10Ground Floor PlanMichael Hedwan
DA 058 Apr 10First Floor PlanMichael Hedwan
DA 068 Apr 10East and West ElevationsMichael Hedwan
DA 07 8 Apr 10East and South ElevationsMichael Hedwan
DA 088 Apr 10North and West ElevationsMichael Hedwan
DA 098 Apr 10Cross SectionMichael Hedwan
3. Payment of Section 94 contributions

Open space and community recreation
$12,942.00
Community services and facilities
$7,546.00
Management
$556.05
Library – Infrastructure
$3,842.00
Library – Bookstock
$21.77
Drainage
$2,862.55
Include under ‘During the Development’


4. M133 - No 30A for the front townhouse, No 30B for the central townhouse and No 30C for the rear villa.

5. MI3 - No 30A for the front townhouse, No 30B for the central townhouse and No 30C for the rear villa.

Include under ‘Before Occupation’

6. BA1 - Certificate No. 308593M and dated 26 April 2010.

Include under ‘After Occupation/Ongoing Conditions’

7. PV7 - Six (6)"

* * * * *


DECISION - DAC

THAT the application be approved subject to the amendment of construction certificate plans to indicate two windows on first floor western elevation of Townhouse 2.

FURTHER THAT all west facing windows on the 1st floor of the development shall have a minimum sill height of 1.5m from the floor level.

(Moved Councillor C Hindi / Seconded Councillor W Pickering)





APPENDIX


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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC104-10 PK - 103 OGILVY STREET, PEAKHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTIPLE DWELLING DEVELOPMENT CONTAINING ONE TOWNHOUSE AND THREE VILLAS AND BASEMENT CAR PARKING AREA


Applicant

Ali Ibrahim

Proposal

Demolition of existing structures and construction of a multiple dwelling development containing one townhouse and three villas and basement car parking area

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environmental Plan 1994 interpretation of use

Demolish and multiple dwellings

Owner/s

Judith Ann Pettiford

Existing development

Single storey dwelling house with detached outbuildings and swimming pool

Cost of development

$1,900,000.00

Reason for referral to Council

Seven submissions received

Report author/s

Manager - Development Assessment, Ms T Christy and Senior Development Assessment Officer, Ms P Bizimis

File No

10/DA-177:3

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks permission to demolish the existing structures and construct a multiple dwelling development containing one (1) townhouse and three (3) villas with basement car parking area.


2. The application has been assessed against the requirements of the relevant planning instruments and development control plans and complies.

3. The application was notified in accordance with Council’s requirements on two (2) occasions, once when the application was received and once when additional information was received. Following the first notification period four (4) submissions were received and following the second notification period, three (3) submissions (two (2) from the same resident) were received. The issues raised in the submissions are detailed in the report.

4. The application was deferred at the Development Assessment Committee meeting of 1 September 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 6 October 2010.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

BACKGROUND

The application was deferred at the Development Assessment Committee meeting of 1 September 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 6 October 2010.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of existing structures and construction of a multiple dwelling development containing one (1) townhouse and three (3) villas with basement car parking area. Details of the development are as follows:

Basement level Due to the topography of the site, the basement level is divided into two (2) sections. The first section contains a double garage, storage and stairs for the townhouse. The second section contains two (2) double garages, storage area and stairs for villas 2 and 3, and one (1) visitor car space.

Townhouse The ground floor of the townhouse will contain living area, lounge room, dining room, kitchen, study, bathroom, and laundry. The first floor of the townhouse will contain four (4) bedrooms with ensuite and walk-in-robe to the master bedroom, living area, and bathroom. One (1) balcony will be provided to the front elevation with access off bedrooms 2 and 3, and one (1) balcony will be provided the southern (side) elevation with access off bedrooms 1 and 4 and the living room.

Villa 1 Villa 1 will contain living area, dining room, kitchen, bathroom, laundry, storage area, three (3) bedrooms with ensuite and walk-in-robe to the master bedroom and a double garage on ground level. Part of the existing inground swimming pool will be retained and form part of the private open space area to Villa 1.

Villa 2 Villa 2 will contain living area, dining room, kitchen, bathroom, laundry, four (4) bedrooms with ensuite and walk-in-robe to master bedroom.

Villa 3 Villa 3 will contain living area, dining room, kitchen, bathroom, laundry, and four (4) bedrooms with ensuite and walk-in-robe to the master bedroom.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the western side of Ogilvy Street, Peakhurst. The site has a width of 15.25m with an irregular rear boundary which forms a point and a site area of 2077sqm. The site has a slope to the rear with a crest towards the centre of the site. Existing on the site is a single storey dwelling house with outbuildings and inground swimming pool. The site also has one (1) tree located towards the front and a stand of trees at the rear of the site.

Adjoining the site to the north is a two (2) storey dwelling which faces Ogilvy Street and the rear of three (3) properties that face Charm Place. These properties contain two (2) storey dwelling houses except for one (1) which contains a single storey dwelling. Adjoining the site to the south are two (2) allotments in a battleaxe arrangement with the front lot which face Ogilvy Street containing a single storey dwelling and the battleaxe allotment containing a two (2) storey dwelling and swimming pool. To the rear of the site is dense vegetation and Salt Pan Creek.

On the opposite side of Ogilvy Street are one (1) and two (2) storey dwelling houses. The area surrounding the subject site is characterised by one (1) and two (2) storey dwellings.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 - Residential and the proposed development is permissible in the zone with the consent of Council. The proposal meets the zone objectives.

Clause 14 - Tree Preservation Orders

The site contains several on-site trees which are to be removed for the proposed development. The applicant has submitted an arborist’s report prepared by Moore Trees (dated July 2010) which details the health and significance of the trees on site. The application was referred to Council’s Tree Management Officer who raised no objection to the removal of the trees as recommended by the arborist’s report. A condition has been included in the recommendation, should consent be granted which requires the recommendations of the arborist’s report to be adopted.

Clause 15 - Services

Facilities for the supply of water and for the removal or disposal of sewage and drainage are available to the subject site. Appropriate conditions of consent have been attached to the recommendation to ensure the provision of these services.

Clause 19B – Foreshore Scenic Protection Area

The proposed development has been assessed against the requirements of Clause 19B and is consistent with these requirements.

Clause 19B(3) states:


The subject site has an area of 2077sqm which complies with this requirement.

The proposed development has also been assessed against Clause 19B(4)(a)-(d) and the following comments are made:

* The proposed development has a negligible impact in terms of its visibility from the waterway or foreshore areas, and therefore has no impact on these areas.
* The proposed development does not significantly impact views from adjoining properties and public places to the waterway and adjacent foreshore areas. There are existing adjoining dwellings which may have some views interrupted by the proposed development. These views are across the subject site and to the rear where Salt Pan Creek is located. As the proposed development to the rear is single storey views can still be obtained from the first floor of adjoining developments. Notwithstanding this, the dense stand of trees located at the rear of the subject site obstructs any views to the waterway.
* The proposed development is unlikely to have an adverse impact on the natural topography, natural rock formations, canopy vegetation of other significant vegetation. The proposed excavation for the basement is unlikely to adversely impact the natural topography of the site as the ground levels for the remainder of the site will be maintained as existing.
* The proposed design of the development and selection of materials are considered to be appropriate.

Clause 22 – Excavation, filling of land

The subject site will be excavated to accommodate the proposed basement to the development. The excavation of the site is unlikely to disrupt or have a detrimental effect on the existing drainage patterns and soil stability in the locality. The basement has been taken into consideration in the assessment of the drainage of the site.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated. Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no applicable Draft Environmental Planning Instruments.Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal. Appropriate conditions of consent have been attached to the recommendation, should consent be granted.

3. Development Control Plans

The proposal has been assessed against Council’s relevant Development Control Plans and Sections and compares as follows.

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

Section 3.1 StandardProposalComplies
Car Parking : 1 space per 1 or 2 bedroom unit and 2 spaces per 3 bedroom unit
(1 x 3 and 3 x 4 bedroom dwellings proposed)
8 spaces8 spacesYes
Visitor parking for 4 or more dwellings (4 dwellings proposed) 1 space1 spacesYes
Car washing area for 4 or more dwellings (can be a visitor space)1 space1 space within visitor spaceYes
The proposed development complies with the car parking requirements of Development Control Plan No 1.


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

Under the provisions of Section 3.3 one (1) adaptable dwelling is to be provided to the development. Villa 1 can be identified as being adaptable housing. As this dwelling contains three (3) bedrooms, two (2) car spaces are to be provided to the dwelling. This dwelling has its on site car parking spaces located on the ground floor in a double garage. The provision of these facilities is consistent with the access and mobility requirements of Development Control Plan No 1.

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

Section 3.4 StandardPlanComplies
FencingAllows natural surveillance to streetFront fence proposed is appropriateYes
Blind CornersTo be avoidedNo blind corners evidentYes
Communal AreasProvide opportunities for natural surveillancePrivate open space area is visible from the living/dining room and bedrooms of the dwellingsYes
EntrancesClearly Visible and not confusingEntrance to each dwelling is visibleYes
Site and building Layout-Provide surveillance opportunities
-Building addresses street
-Habitable rooms are directed towards the front of the building
-Garages are not dominant
-Offset windows
Natural surveillance of the street is available from ground l floor windows and first floor windows and balcony
-Habitable rooms are directed towards the front of the dwelling where possible
-Garages are not dominant
-Windows are offset
Yes
Landscaping-Avoid dense medium height shrubs
-Allow spacing for low growing dense vegetation
-Low ground cover or high canopy trees around car-parks and pathways
-Vegetation used as a barrier for unauthorised access
Landscaping proposed is appropriateYes
Lighting-Diffused/movement sensitive lighting provided externally
-Access/egress points illuminated
-No light-spill towards neighbours
-Hiding places illuminated
-Lighting is energy efficient
Can be provided by the applicant Yes
Building Identification-Clearly numbered buildings
-Entrances numbered
-Unit numbers provided at entry
House number requirement can be a condition of consent Yes
SecurityProvide an appropriate level of security for each dwelling and communal areasAppropriate level of security provided for the dwellingsYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipFront fence is only 0.7m high so ownership is implied whilst still providing passive surveillance to the streetYes
As can be seen from the table above, the proposal complies with Section 3.4.


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

A BASIX Certificate has been submitted with the application. The proposed development meets the target scores required. The proposed development will also allow solar access to the private open space area of the adjoining developments for at least 3 hours between 9am and 3pm on 21 June in accordance with the requirements of Development Control Plan No 1.

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

The proposed development can drain to the street or the rear of the site. Council’s Development Engineer has examined the proposed development and raises no objection subject to appropriate conditions of consent being attached to any consent granted. The proposed development will incorporate on-site detention.

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

A front fence is proposed that is 700mm high. The proposed fence meets the requirements of Development Control Plan No 1.

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

The Waste Management Plan submitted with the application is in accordance with the requirements of Development Control Plan No 1. Garbage bin provision storage/collection requirements can be conditioned to satisfy the requirements of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

Section 4.3: Development Area A Controls
Standard
Proposal
Complies
Solar AccessAdjoining properties must be capable of receiving at least 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 JuneComplies Yes
Privacy and viewsSite planning must take into account any adverse privacy impacts on neighbouring propertiesBalcony on first floor side elevation of townhouse may create privacy impactsNo (1)
RoofsRoof pitch to be between 22 and 35 degrees23 degreesYes
Minimum Street Frontage15m15.25mYes
Residential Density (site area/unit)500sqm per dwelling
(4 dwellings proposed = 2000sqm)
2077sqmYes
Landscaped Open Space55%55%Yes
Deep soil planting>40% deep soil>40%Yes
Impervious area<20%14%Yes
Front Site Height Maximum9m8.2m Yes
Rear Site Height Maximum6m6m maximumYes
Front Site Storeys Maximum2 storeys2 storeysYes
Rear Site Storeys Maximum1 storey1 storeyYes
Minimum Private Open Space Area for 3 or more bedroom dwellings100sqmAll dwellings have private open space area in excess of 100sqmYes
Minimum dimensions of Principal Private Open Space Area for 3 or more bedroom dwelling5m x 6m All dwellings have private pen space with minimum 5m x 6m dimensionsYes
Front Boundary SetbacksMinimum 4.5m5.2m minimumYes
Rear Boundary SetbacksBuilding EnvelopeComplies Yes
Minimum Side Boundary Setbacks

    Front Site – 2 storey


    Rear Site – 1 storey
2m or building envelope, whichever is greater

1.35m or building envelope, whichever is greater
Complies with the building envelope which is the greaterYes
Fences at the front boundary-1m fronting public space


-No principal private open space to be forward of the building line
-700mm high fence proposed

-Open space area forward of the building line has been allocated to the townhouse
Yes


Yes (2)
TV antennaMaster TV antenna must be provided for any development of more than two dwellingsNot practical as dwellings are detachedN/A
Storage6m³ per dwelling6m³ per dwellingYes
Drying facilitiesTo be visually screened from the streetIn private open space area of each dwellingYes
(1) Privacy and views


A balcony is proposed to the first floor of the townhouse which wraps around the side elevation. The balcony may result in privacy impacts to the adjoining development as it has a direct view of the open space area located at the front of the dwelling. Although this dwelling has open space located at the rear of the site also, the open space located at the front of the site is large and could be used for recreation activities. As such it is considered that the balcony should be deleted and the proposal is conditioned as such.

(2) Fences at the front boundary

The landscaped open space area located at the front of the development has been allocated to the townhouse. This area does not constitute the principle private open space area of the townhouse (the principle private open space is located behind the building line). It is considered however, that this area should be common open space which can be maintained as open space area at the front of the site. This will provide a pleasant streetscape presentation to the site with the approved landscaping to this area being maintained long term as it will be managed by the Owners Corporation. This will not compromise the private open space area allocated to the townhouse as that area located behind the building line exceeds the requirements of Development Control Plan No 1.

4. Impacts

Natural Environment

The development application proposes the removal of several on-site trees to accommodate the proposed development. Council’s Tree Management Officer has raised no objection to the removal of the trees in accordance with the requirements of the arborist’s report submitted with the application. Accordingly, it is unlikely that the proposed development will have an adverse impact on the natural environment.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment. The proposed development is permissible in the zone and complies with the requirements of the relevant planning instruments and Development Control Plans subject to the deletion of the first floor balcony to the townhouse and the landscaped open space at the front of the site being common property.

Social Impact

The proposed development is unlikely to have any social impacts.

Economic Impact

The proposed development is unlikely to have any economic impacts.

Suitability of the Site

The subject site is considered to be suitable for the proposed development. The site has no impediments which preclude it from being developed for the proposed multiple dwelling development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified in accordance with Council’s requirements on two (2) occasions, once when the application was received and once when additional information was received. Following the first notification period four (4) submissions were received and following the second notification period, three (3) submissions (two (2) from the same resident) were received. The issues raised in the submissions are as follows.

Structural damage

There is concern about structural damage to adjoining developments from the excavation proposed for the basement area.

Comment: The proposed development will require excavation to the site for the proposed basement car parking area. A condition of consent has been provided in the recommendation which requires a dilapidation report to be prepared for the proposed development. This will ensure that any damage which has occurred to adjoining developments as a result of the development will be identified.

Common boundary fencing
Details are required of the proposed common boundary fencing.

Comment: The applicant has submitted additional information in relation to the fencing proposed for the common boundary fencing. The plans indicate that all boundary fencing will be 1.8m high timber fencing. Due to the topography of the site and that of the adjoining sites some adjoining residents do not want 1.8m high fences but rather 1.5m high fences as the 1.8m height will result in the fence being much higher than this on their side of the property. Accordingly, a condition of consent has been attached to the recommendation, which requires the boundary fencing to be determined with the concurrence of the adjoining effected properties.

Shadow diagrams

The shadow diagrams submitted with the application do not show the entire site and all the adjoining developments. A plan showing this detail is required to determine the overshadowing of adjoining developments.

Comment: The applicant has submitted additional information which includes shadow diagrams for the entire site and the shadow diagrams on elevation for the effected adjoining developments. The shadow diagrams demonstrate that the proposed development will comply with the solar access requirements of Development Control Plan No 1 in that the adjoining developments will receive at least 3 hours of sunlight to the principle ground level open space area and the windows on the adjoining side elevations between 9am and 3pm on 21 June.

Lose of water views

Adjoining developments will lose water views as the proposed development will obstruct their current views.

Comment: There are existing adjoining dwellings which may have some views interrupted by the proposed development. These views are across the subject site and to the rear where Salt Pan Creek is located. As the proposed development is single storey, except for the townhouse located at the front of the site, views can still be obtained from the first floor of adjoining developments. The dense stand of trees located at the rear of the subject site and within the foreshore area obstructs any views to the waterway except where views can be obtained from above the canopy of the trees.

Retaining walls

Concern that the existing retaining walls between the subject site and adjoining sites will be effected by the proposed development. The plans do not show if the retaining walls will be retained or changed.

Comment: The plans submitted with the application show that the existing retaining walls to the subject site and the adjoining sites will not be effected by the proposed development. Should these retaining walls be affected by the construction work, the applicant is required to appropriately repair them.

Secured site

The site is to be secured during any construction work so as not to affect adjoining developments.

Comment: The site is required to be secured during the construction work so that access cannot be gained to the site. Appropriate conditions have been attached to the recommendation, should consent be granted.

Council Referrals

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the removal of several on-site trees to accommodate the proposed development in accordance with the arborist’s report submitted with the application.

Development Engineer

Council’s Development Engineer has raised no objection to the proposed development subject to appropriate conditions of consent being attached to any consent granted.

Environmental Health and Building Surveyor

Council’s Environmental Health and Building Surveyor has raised no objection to the proposed development subject to conditions of consent being attached to any consent granted.


6. CONCLUSION

The application seeks permission to demolish the existing structures and construct a multiple dwelling development containing one (1) townhouse and three (3) villas. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies subject to the deletion of the first floor balcony to the townhouse and the landscaped open space located at the front of the site being designated as common open space. The issues raised in the submissions have been addressed through the submission of additional information and through conditions of consent. Accordingly, the proposed development is recommended for approval subject to conditions of consent.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 10/DA-177 for the demolition of existing structures and construction of a multiple dwelling development containing one (1) townhouse and three (3) villas on Lot 141 DP 11124 and known as 103 Ogilvy Street, Peakhurst, to the attached conditions:

1. Standard conditions as adopted by Council for townhouses and villas. Excluding the following conditions: S943; MI130; MI130.1; PW6; DR1; DR12; 33 RTA, MI131; M1130.2; MI133; MI3; LA5; 74 RTA; MI130.3; MI130.4. Including the following conditions:

2. Approved Plans

Plan NoPlan Date Description Prepared By
Revision E, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 Received
16 Jul 10
Views, existing site plan, proposed site plan, proposed ground floor plan, proposed first floor plan, proposed basement plan,
proposed roof plan, area calculations, elevations, sections, shadow diagrams
Tecton group
10-2296AReceived
16 Jul 10
Landscape finishes and surfaces plan, planting plan, existing tree and details planZenith Landscape Designs
10-090Received
16 Jul 10
Driveway longitudinal sectionTOP Consulting Group
Revision AReceived
11 May 10
Proposed schedule of colours and finishesTecton Group
-
July 10Arborist Assessment ReportMoore Trees
3. Payment of Section 94 Contributions

Open Space and Community Recreation
$20,329.00
Community Services and Facilities
$12,110.00
Management
$892.51
Library – Infrastructure
$6,165.00
Library – Bookstock
$34.91
Insert under “To Obtain a Construction Certificate”


4. OC8 –


5. The recommendations of the arborist’s report prepared by Moore Trees (as amended July 2010) are to be adopted. The provision of tree protection measures are to be installed as per the arborist’s report and supervised by an arborist appointed by Moore Trees. The tree protection measures are to be installed prior to any demolition and construction work being undertaken, and be maintained throughout the construction process. The tree protection measures are to be removed only when all construction work is completed.

6. Should the existing retaining walls which affect the site be damaged during the construction of the development, they are to be repaired so they are structurally sound.

7. Condition 21 Geotechnical reports – (b) All adjoining properties with a common boundary to 103 Ogilvy Street, Peakhurst.

8. SU58.1 - (a)

9. A stormwater disposal system that discharges onto Department of Environment and Climate Change land is to be designed to incorporate the requirements contained in:

10. SP1

Include under “Before Commencing the Development”

11. DE6; DE1; DE4; DE5; DE7; DE8; DE9; DE10

Include under “During the Development”

12. PV17 -
13. PV7 - Eight (8) car spaces (2 per dwelling) and one (1) visitor space (which is to remain as common property and used as a car washing area when required)

Include under “Before Occupation”

14. BA1 - Certificate No 310116M dated 30 April 2010.

15. SP2; SP5; SP6

Include under “After Occupation/Ongoing Conditions”16. SP3; SP4; SP7; SP9; SP10

Insert under “Conditions relating to any future strata subdivision of buildings”

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied.

17. Unit Numbering - Apartment type numbers shall be installed adjacent or to the front door of each unit. The unit number shall coincide with the strata plan lot numbering.

18. Car Parking Space Marking and Numbering – “Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

19. Designation of Visitor Car Spaces on any Strata Plan - Any visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

20. Allocation of Car Parking Spaces and Common Property on any Strata Plan - No parking spaces shall be created as an individual allotment on any Strata Plan. All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

21. The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan.

22. In addition to the statutory requirements of the Strata Schemes (Freehold Development Act 1973) a Strata Certificate must not be issued which would have the effect of:
23. On Site Detention Requirements - The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

24. Creation of Positive Covenant - A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant."

* * * * *


DECISION - DAC

THAT the application be approved subject to a condition that excavation be carried out with rock saws to reduce vibration and damage to other properties.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC105-10 PK - 107 MYALL STREET, OATLEY - DEMOLITION OF EXISTING STRUCTURES, CONSTRUCTION OF A DETACHED DUAL OCCUPANCY AND SUBDIVISION INTO TWO TORRENS TITLE ALLOTMENTS


Applicant

Urbanlink Pty Ltd

Proposal

Demolition of existing structures, construction of a detached dual occupancy and subdivision into two torrens title allotments

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.2 Subdivision, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.9 Waste Management, Section 4.2 Dual Occupancy Housing

Hurstville Local Environmental Plan 1994 interpretation of use

Demolish, dual occupancy and subdivision of land

Owner/s

Geoffrey Mason

Existing development

Single storey dwelling with detached outbuildings

Cost of development

$800,000.00

Reason for referral to Council

Non compliance with DCP 1 and two submissions received

Report author/s

Manager - Development Assessment, Ms T Christy and Senior Development Assessment Officer, Ms P Bizimis

File No

10/DA-139

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The applicant seeks permission to demolish the existing structures, construct a detached dual occupancy and subdivide into two (2) torrens title allotments.

2. The proposed development complies with the requirements of the relevant planning instruments and development control plans except in the excavation to the site. This is discussed in the report.

3. The application was notified in accordance with Council’s requirements and two (2) submissions were received in reply.

4. The application was deferred at the Development Assessment Committee meeting of 1 September 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 6 October 2010.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

BACKGROUND

The application was deferred at the Development Assessment Committee meeting of 1 September 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 6 October 2010.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of existing structures, construction of a detached dual occupancy development (in the form of a two (2) storey dwelling with semi basement and a one and half (1.5) storey dwelling), and subdivision into two (2) torrens title allotments. Details of each dwelling are as follows:

Two storey dwelling

The two (2) storey dwelling will face Myall Street and have vehicle access from Myall Street. The car parking to the dwelling is in the form of a semi basement level double garage. The semi basement area also contains the entrance to the dwelling.

The ground floor of the dwelling will contain a living room, dining area, kitchen, laundry, bathroom and bedroom. A balcony is located at the front of the dwelling with access from the bedroom. At the rear of the ground floor is a terrace and open space area which is accessed from the living room.

On the first floor the dwelling will contain four (4) bedrooms, with ensuite and walk-in-robe to master bedroom, and bathroom. One (1) balcony is located on the front elevation with access off the master bedroom and a second balcony is located on the side elevation which faces Myrtle Street and is accessed off bedrooms 2 and 3.

This dwelling has split levels throughout the building to accommodate the steep topography of the site.

One and a half storey dwelling

The one and a half storey dwelling will face Myrtle Street and have vehicle access off Myrtle Street. The dwelling will contain lounge room, living room dining room, kitchen, bedroom, laundry and double garage. At the rear of the dwelling is a terrace area and open space area which is accessed off the dining room.

The first floor of the dwelling (is partially located within the roof space) will contain four (4) bedrooms with ensuite and walk-in-robe to master bedroom, and bathroom. Two (2) balconies are located on the front elevation of the dwelling which are accessed off the master bedroom and bedroom 3.

This dwelling has split levels throughout the building to accommodate the slope of the site.

Subdivision

It is proposed to subdivide the site into two (2) torrens title allotments. The resultant lot A will have a frontage to Myall Street of 20.115m and a site area of 505.75sqm and lot B will have a frontage to Myrtle Street of approximately 24.7m and a total site area of 505.75sqm.


BACKGROUND

The subject development application was lodged on the 16 April 2010. The original proposal was for the construction of two (2) x two (2) storey detached dwellings. On 4 August 2010 amended plans were submitted with changes including, amongst others, the dwelling facing Myrtle Street being reduced to one and a half storeys in height and being brought closer to the street frontage, and the dwelling facing Myall Street being reduced in height.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the eastern side of Myall Street at the corner of Myrtle Street, Oatley. Myrtle Street has been closed off and only pedestrian access is permitted to Myall Street. The site has a frontage to Myall Street of 20.115m and a frontage to Myrtle Street of 50.29m and a site area of 1011.5sqm. The site has a steep slope to the front of the site with several retaining walls located within the site.

Existing on the site is a single storey dwelling with vehicle access to a carport from Myrtle Street. The site also has several trees located throughout the site.

Adjoining the site to the south is a two (2) storey dwelling and to the rear of the site (facing Myrtle Street) is a two (2) storey dwelling. On the opposite side of Myall Street and Myrtle Street are one (1) and two (2) storey dwelling houses. The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 - Residential and the proposed development being the demolition of existing structures, construction of a dual occupancy development and subdivision into two (2) lots is permissible in the zone with the consent of Council. The proposal meets the zone objectives.

Clause 10 – Subdivision generally

This clause of the Local Environmental Plan requires Council consent to subdivide land. The applicant is seeking consent to subdivide the development into two (2) lots as part of this application.

Clause 11A – Dual Occupancies

Clause 11A (2A) states:

The proposed development has a site area of 1011.5sqm and a width of 20.115m and complies with this requirement.

Clause 11A(3) states:

The subject site is corner site and therefore a second detached dwelling is permissible.

Clause 14 – Tree Preservation Orders

Six (6) trees and one (1) street tree are to be removed to accommodate the proposed development. Two (2) of the trees to be removed are in poor health and the street tree has been lopped. Four (4) trees will be retained including a large “Blackbutt” located at the front of the site. New landscaping will be introduced to the site which includes several trees as shown on the landscape plan submitted with the application. Council’s Tree Management Officer has examined the application and raises no objection to the removal of the trees subject to appropriate conditions of consent being attached to any consent granted which requires appropriate measures to be taken to protect the trees that will be retained on the site.

Clause 15 – Services

All relevant services can be provided to the development and will be required as conditions of consent, to any consent granted.

Clause 19B – Foreshore Scenic Protection Area

The proposed development has been assessed against the requirements of Clause 19B and is consistent with these requirements.

Clause 19B(3) states:

The subject site has an area of 1011.5sqm which complies with this requirement.

The proposed development has also been assessed against Clause 19B(4)(a)-(d) and the following comments are made:

* The proposed development has a negligible impact in terms of its visibility from the waterway or foreshore areas, and therefore has no impact on these areas.
* The proposed development does not impact views from adjoining properties and public places to the waterway and adjacent foreshore areas.
* The proposed development is unlikely to have an adverse impact on the natural topography, natural rock formations, canopy vegetation of other significant vegetation. The proposed excavation for the garage is unlikely to adversely impact the natural topography of the site as the ground levels around the garage will be maintained as existing.
* The proposed design of the development and selection of materials are considered to be appropriate.

Clause 22 – Excavation, filling of land

The subject site will be excavated to accommodate the proposed basement to the development. The excavation of the site is unlikely to disrupt or have a detrimental effect on the existing drainage patterns and soil stability in the locality. The basement has been taken into consideration in the assessment of the drainage of the site.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments that affect the proposed development.

Any other matters prescribed by the Regulations

Demolition

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

3. Development Control Plans

The proposal has been assessed against Council’s relevant Development Control Plans and Sections. The proposed development complies with the requirements as follows.

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

Under Section 3.1 two (2) car spaces (one (1) in a garage and one (1) in the driveway) are required to be provided for each dwelling in the dual occupancy development. The proposed development provides a double garage for each dwelling which meets the requirements.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.2 SUBDIVISION

The proposed development includes the subdivision of the dual occupancy development into two (2) lots. The resultant lot A will have a frontage to Myall Street of 20.115m and a site area of 505.75sqm and lot B will have a frontage to Myrtle Street of approximately 24.7m and a total site area of 505.75sqm.

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

Section 3.4 StandardPlanComplies
FencingAllows natural surveillance to streetNo front fence proposedN/A
Blind CornersTo be avoidedNo blind corners evidentYes
Communal AreasProvide opportunities for natural surveillancePrivate open space area is visible from the living/dining room and bedrooms of the dwellingYes
EntrancesClearly Visible and not confusingEntrance to each dwelling is visibleYes
Site and building Layout-Provide surveillance opportunities
-Building addresses street
-Habitable rooms are directed towards the front of the building
-Garages are not dominant
-Offset windows
Natural surveillance of the street is available from ground floor windows and first floor windows and balcony
-Habitable rooms are directed towards the front of the dwelling where possible
-Garages are not dominant
-Windows are offset
Yes
Landscaping-Avoid dense medium height shrubs
-Allow spacing for low growing dense vegetation
-Low ground cover or high canopy trees around car-parks and pathways
-Vegetation used as a barrier for unauthorised access
Landscaping proposed is appropriateYes
Lighting-Diffused/movement sensitive lighting provided externally
-Access/egress points illuminated
-No light-spill towards neighbours
-Hiding places illuminated
-Lighting is energy efficient
Can be provided by the applicant Yes
Building Identification-Clearly numbered buildings
-Entrances numbered
-Unit numbers provided at entry
House number requirement can be a condition of consent Yes
SecurityProvide an appropriate level of security for each dwelling and communal areasAppropriate level of security provided for the dwellingsYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipOwnership impliedYes
As can be seen from the table above, the proposal complies with Section 3.4.


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

A BASIX Certificate has been submitted with the application. The proposed development meets the target scores required. The proposed development will also allow solar access to the private open space area of the adjoining developments for at least 3 hours between 9am and 3pm on 21 June in accordance with the requirements of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.2 DUAL OCCUPANCY HOUSING

Section 4.2 – Dual Occupancy
Option 5
StandardProposalComplies
Site Area for Foreshore Scenic protection Area1000sqm1011.5sqmYes
Minimum Width Allotment15m20.115mYes
Front Setback4.5m to dwelling for corner site
5.5m for garage
5.5m for dwelling facing Myall Street (7m for garage)
4.5m for dwelling facing Myrtle Street (7.5m for garage)
Yes
Garage recess300mm into front facade1.5m for front dwelling
2.38m for rear dwelling
Yes
Rear SetbackN/A7m for front dwelling
4m minimum for rear dwelling
Yes
Side Setback2m to secondary street
1.5m for other boundary
2.1m for dwelling facing Myall Street (1.5m minimum for other boundary)
1.5m minimum for dwelling facing Myrtle Street
Yes



Yes
Maximum FSR0.5:10.5:1Yes
Number of storeys2 storeys max for front dwelling
1.5 storeys max for rear dwelling
2 storeys for front dwelling
1.5 storeys for rear dwelling
Yes
Maximum Height to Uppermost ceiling6.8m for front dwelling
5.5m for rear dwelling
6.8 for front dwelling
5.5m for rear dwelling
Yes
Maximum Roof Ridge Height9m for front dwelling
7.5m for rear dwelling
9m for front dwelling
7.5m for rear dwelling
Yes
Maximum excavation<600mm2.2m for garage to dwelling facing Myall StreetNo (1)
Maximum Recommended Roof Pitch25-35 degrees25 degrees for both dwellingsYes
Parking1 garage car space + 1 driveway car spaceDouble garage for each dwellingYes
Subdivision200mm dividing wallDetached dwellings proposedN/A
Balconies-Rear first floor balcony to have maximum 2m depth
-Privacy screens 1.8m high
No rear balconies proposedN/A
Landscaping and Private Open Space-min 40% of rear yard to allow deep soil

-max 20% to be impervious area

-landscape plan to be submitted

-one established tree to be planted in front yard

-private open space to have min 4m x 5m dimensions


-private open space to be accessible from the living room

-front fence to be <1m
Yes


Yes


Landscape plan submitted


Yes


Minimum 4m x 5m dimensions for each dwelling


Yes


No front fence proposed
Yes


Yes


Yes


Yes


Yes




Yes


N/A
Solar design, water and energy efficiencyBASIX certificate to be submittedBASIX certificate submittedYes
Storage6m³ per dwelling6m³ per dwelling proposedYes
(1) Maximum excavation


The proposed development does not comply with the maximum excavation requirements of Development Control Plan No 1. It is proposed to excavate into the site to provide the double garage for the dwelling facing Myall Street. The subject site will be excavated to a maximum 2.2m in height. The applicant has submitted that the excavation to the site is required due to the topography of the site. The proposed excavation to the site is supported for the following reasons:

* The site has a steep slope to the street and due to this topography excavation to the site is required to provide on site car parking to the dwelling facing Myall Street. There is no other practical way to provide parking to this dwelling without excavating the site.
* The excavation of the site does not result in the dwelling exceeding the height requirements of Development Control Plan No 1. The dwelling maintains a two (2) storey height throughout the dwelling including that part of the dwelling where the garage is located.
* The excavation to the site does not result in additional impacts on adjoining developments in terms of solar access or privacy.

4. Impacts

Natural Environment

It is unlikely that the proposed development will have any adverse impact on the natural environment. As previously discussed, six (6) trees and one (1) street tree are to be removed to accommodate the proposed development. Council’s Tree Management Officer has examined the application and raises no objection to the removal of the trees subject to appropriate conditions of consent being attached to any consent granted. The excavation to the site is unlikely to adversely impact the amenity of the surrounding development and is considered to be acceptable due to the topography of the site.

Built Environment

The proposed development is for a detached dual occupancy development. The development is permitted in the residential zone and complies with the requirements of the relevant planning instruments and Development Control Plans except in the excavation to the site which is considered acceptable due to topography of the site.

The proposed development is compatible with the surrounding built environment and streetscape of Myall Street and Myrtle Street which is characterised by one (1) and two (2) storey dwellings. Accordingly, it is considered that the proposed development will have no adverse impact on the built environment.

Social Impact

The proposed development is unlikely to have any social impacts.

Economic Impact

The proposed development is unlikely to have any economic impacts.

Suitability of the Site

The proposed site is considered to be suitable for the proposed development. The subject site has no impediments that would preclude it from being development for the proposed development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Two (2) submissions were received in reply. The issues raised in the submissions are as follows.

Removal of trees

The removal of all the trees from the site will effect the streetscape and the vegetation will not be replaced.

Comment: Six (6) trees and one (1) street tree (which has been lopped) are to be removed to accommodate the proposed development. Several trees will be maintained on the site including a large “Blackbutt” which is located at the front of the site. Council’s Tree Management Officer has examined the application and raises no objection to the removal of the trees subject to appropriate conditions of consent being attached to any consent granted which requires appropriate measures to be taken to protect the trees that will be retained on the site. Additional planting will be introduced to the site as proposed in the Landscape Plan submitted with the application.

Excessive height

The excessive height of the proposed development will overshadow the adjoining developments.

Comment: The proposed development has been amended from that originally submitted and both dwellings have been reduced in height and the dwelling facing Myrtle Street has been located closer to the street frontage. As a result of the amendments the overshadowing to the adjoining development has been improved from that originally proposed and will now be marginally greater than the overshadowing created by the side boundary fence. The overshadowing of the adjoining development complies with Council’s requirements and any windows on the side elevation of the adjoining development will receive at least three (3) hours solar access between 9am and 3pm on 21 June.

Overlooking

The proposed development will allow overlooking into adjoining developments.

Comment: The windows on the first floor side elevations of the dwellings have been minimised. The elevation of the dwellings that adjoin the neighbouring dwelling on Myall Street has only one (1) high sill bedroom window and one (1) bedroom window for both dwellings. These windows are unlikely to adversely impact the amenity of the adjoining developments. The side elevation of the dwelling that adjoins the neighbouring dwelling on Myrtle Street has no windows on this first floor elevation which provides no opportunities for overlooking.

Due to the topography of the site, some windows and the terrace which gives access to the private open space on the ground floor south elevation of the dwelling facing Myrtle Street may result in overlooking into the adjoining rear yard as the fence will be lower than the top of the windows and the terrace. A condition has been provided in the recommendation, should consent be granted, requiring 600mm of lattice to be placed on top of the southern common boundary fence. A condition has also been placed on the consent requiring the balustrading to the terrace to be a minimum 1.5m high. This will reduce overlooking to the adjoining development.

Television reception

The size and height of the proposed development will interrupt television reception to homes that already get poor reception.

Comment: The proposed development complies with Council’s requirements except in the excavation to the site which is supported due to the topography of the site. The poor reception experienced by surrounding developments is noted however this cannot be attributed to the proposed development and cannot constitute a reason for refusal of this application.

Height and bulk

The development is large with a three (3) storey and a two (2) storey dwelling proposed. The height and bulk of the proposed development is excessive and out of character with the surrounding area.

Comment: As previously stated in the report, the proposed development has been amended from that originally submitted and now proposes a two (2) storey dwelling facing Myall Street and a one and a half storey dwelling facing Myrtle Street. The height of the proposed development complies with Council’s height requirements and is considered to be consistent with the streetscape which contains one (1) and two (2) storey dwellings.

Council Referrals

Tree Management Officer

Council’s Tree Management Officer has advised that no objection is raised to the proposed development subject to conditions of consent being attached to any consent granted.

Manager - Development Advice

Council’s Manager - Development Advice has advised that the proposal is satisfactory subject to conditions of consent being attached to any consent granted.

Development Engineer

Council’s Development Engineer has advised that the proposal is satisfactory subject to conditions of consent being attached to any consent granted.

External Referrals

No external referrals were required for the proposed development.


6. CONCLUSION

The application seeks permission to demolish the existing structures and construct a detached dual occupancy and subdivide the development into two (2) torrens title allotments. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except in the excavation to the site. The variation to this requirement is a result of the topography of the site and is supported as detailed in the report. Two (2) submissions were received following notification of the proposed development. The issues raised in the submissions have been addressed through the submission of amended plans. Having regard to the site specific circumstances, the proposed development is recommended for approval subject to conditions of consent.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to development application 10/DA-139 for the demolition of the existing structures, construction of a detached dual occupancy and subdivision into two (2) torrens title allotments on Lot 10 DP 6368 and known as 107 Myall Street, Oatley, subject to the attached conditions:

1. Standard conditions as adopted by Council for dual occupancy development. Excluding the following conditions: 3 Subdivision; S943; ST1 (g); DR1 (a), (c)-(f); 30 RTA; M1131; 65 RTA; PV7; MI1. Including the following conditions:

2. Approved plans

Plan Number
Plan Date
Description
Prepared By
10-013 Issue D, 1, 2, 3, 4, 5, 6, 7, 8, 9, Issue B 11 and 12
26 Feb 10
Garage level floor plan, ground floor plan, first floor plan, second floor plan, elevation 1, section and elevation 2, site plan, site analysis, shadow analysis, subdivision plan, sediment control planUrban Link Pty Ltd
10-2291
Mar 10
Existing tree and surfaces plan, planting plan Zenith Landscape Designs
14551-10
6 Feb 10
Plan showing selected detail and levelsJP Bates and Inwood
10-009
26 Feb 10
FinishesUrban Link Pty Ltd
3. Payment of Section 94 contributions

Open space and community recreation
$5,555.00
Community services and facilities
$2,982.00
Management
$219.59
Library – Infrastructure
$1,519.00
Library – Bookstock
$8.63
4. Additional subdivision fees - Subdivision Certificate Fee $280.00, 88B Checking Fee $242.00.


Include under “To Obtain a Construction Certificate ”

5. OC8 a) All ensuite, laundry and bathroom windows containing translucent glazing.


6. DR12 – 5%; DR13

7. DR11 - It may be necessary to include a grated surface box type drain in front of the garage entry to proposed dwelling B.

8. Condition 20 Geotechnical reports - 109 Myall Street only.

9. The street tree ‘Callistemon Salignus’ (White Bottlebrush) located at the front of the site is to be removed by Hurstville Council at the applicants cost. An application to remove this tree is to be lodged and approved by Hurstville Council prior to the issue of the Construction Certificate.

Include under “Before commencing the development”

10. DE6; DE1; DE4; DE5; DE7; DE8; DE9; DE10

Include under “During the Development”

11. Tree protection zones and tree protection fencing is to be provided around the trees that must be retained in accordance with AS - 4970 “Protection of trees on development sites”. Prior to any development or demolition taking place on the site, a site arborist/consulting arborist is to supervise and approve the provision of tree protection measures. The tree protection measures are to be maintained throughout the construction process and removed only when the construction work is completed.

12. PV17 - a) Delete, b) 130mm, F62 >>>> in Myall Street, c) Apply

Include under “Before Occupation”

13. BA1 - Certificate No 300439, dated 13 April 2010.

14. AD8

Include under “Subdivision Conditions”

15. SU151 - 10/DA-139; SU153 - 10/DA-139

16. SU156 - No. 107 Myall Street for the dwelling facing Myall Street and No. 11 Myrtle Street for the dwelling facing Myrtle Street."

* * * * *



DECISION - DAC

THAT the application be deferred for redesign, so that the rear dwelling complies with the height provisions within the Development Control Plan and the applicant is to confer with staff regarding this matter.
(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC106-10 PK - 21 WOODLANDS AVENUE, LUGARNO - ALTERATIONS TO AN EXISTING DWELLING INCLUDING AN ADDITIONAL STOREY


Applicant

Max El-Debel

Proposal

Alterations to an existing dwelling including an additional storey

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses, Section 5.9 Swimming Pools and Spas, Section 6.6 Development in Bushfire Sensitive Land

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Rakia El-Debel

Existing development

Dwelling house and pool

Cost of development

$345,000.00

Reason for referral to Council

One objection received and non compliances with DCP 1

Report author/s

Manager - Development Assessment, Ms T Christy and Development Assessment Officer, Ms D Fellows

File No

10/DA-128

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. This development application seeks consent to carry out alterations and additions to an existing dwelling, including a first floor addition.

2. The subject property is a very large site, affected by the bushfire, acid sulphate soil and foreshore controls.

3. The proposal does not comply with Council’s Development Control Plan with respect to external wall height, garage side setback and maximum width of garage door, however can be built without adverse impact on the surrounding amenity.

4. One (1) objection has been received following the neighbour notification.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval to construct alterations and additions to an existing dwelling, comprising the following works:

Lower Ground Floor Level Alterations to openings with a new wc and laundry, including a laundry chute and relocation of stairs.

Ground Floor Level Double garage attached to the dwelling, front porch and entry and new driveway. The existing balcony at the rear is to be extended and some internal alterations are also proposed.

First Floor Level New addition proposed to accommodate three (3) bedrooms, a bathroom, ensuite, walk-in robe and linen cupboard.


BACKGROUND

Council’s records show that Building Application No. 1997/BA-385 for inground swimming pool and retaining wall was approved on 6 August 1997.

20 Sept 10 Amended first floor plans were received where the first floor side setback to the eastern boundary is increased to 1500mm. The floor plan of that level was slightly reduced to achieve this and no other walls have been relocated.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a large, narrow rectangular shaped site with a frontage of 12.19m to Woodlands Avenue and an area of 2682sqm. The site is a waterfront property and is located on the southern side of the street.

Existing on the site is a two (2) storey brick dwelling with a swimming pool at the rear and no covered parking area. This dwelling has a 50mm setback to the western side boundary, which abuts a 3.6m wide driveway for the adjoining battle-axe allotment. No parking is currently provided on the site.

The land is relatively steep and falls from the street to the water at the rear, with a cross fall.

Adjoining the site to the east is a part one (1)/part two (2) storey rendered cottage and to the west is a paved driveway and two dwellings. Located at the rear of the site is the Georges River. The area is generally residential in character within the foreshore area.


COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79BA and Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. The relevant issues raised are discussed below.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 - Residential and the proposal is permissible in the zone with consent. The proposal meets the zone objectives.

Minimum lot sizes for dwelling houses on land within Zone 2

The subject allotment meets the minimum allotment size requirement for a property located within the Foreshore Scenic Protection Area, however the lot has a minimum width of less than 15m at the front.

As this is an existing allotment and no further subdivision is proposed, no planning objection is raised.

Clause 14 – Tree preservation orders

Council’s Tree Management Officer has raised no objection to the proposal and the development does not contravene Clause 14 of the Local Environmental Plan, with no trees intended to be removed.

Clause 15 – Services

Adequate facilities are available for the supply of water and removal of sewage and stormwater.

Clause 19 – Foreshore building lines

The site is affected by a foreshore building line of 60m from the road frontage. The existing dwelling on the property is not within the Foreshore Building Line.

No building works are proposed within the area between the foreshore building line and the Georges River. Therefore, the proposal complies with Clause 19 of the Local Environmental Plan.

Clause 19A – Development in Foreshore Areas

Before granting consent to the development of land within or adjoining land within Zone No 7, under Clause 19A Council must be satisfied that:


Comment: The works proposed to the dwelling will enhance the appearance of the house and no adverse visual impact on the waterway is envisaged. The proposed works are substantially setback from the MHWM. Therefore no adverse impact on the waterway and adjacent foreshore is envisaged.

Comment: It is not considered that this development is of sufficient scope as to cause any siltation or pollution to the Georges River as there will not be substantial disturbance to the natural ground.

Comment: The proposal will not have any adverse impact on surrounding uses, marine habitats, wetlands or flora and fauna habitats.

Comment: There is no excessive excavation and no adverse effect on drainage runoff is foreseen.

Comment: The development will not interfere with people’s use of the waterway and open space areas.

Comment: This development will not affect the significance of any heritage item.

Comment: No significant vegetation is affected and the extent of excavation will not impact on the site topography.

Accordingly, the proposal is seen to be satisfactory in respect to Clause 19A of the Local Environmental Plan.

Clause 19B – Foreshore Scenic Protection Area

Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following:

In respect to sub-clause 4(a), the nearest public waterway is Georges River to the south. The appearance of the rear of the proposed building will be compatible with the surrounds and the materials to be used will be acceptable in appearance when viewed from the waterway and the foreshore area.

In respect to sub-clause 4(b), the proposal complies with Council’s height requirements. Therefore the proposal is not considered to have potential to have an adverse impact on views from adjoining properties and public places to the waterways and foreshore areas.

In respect to sub-clause 4(c), the proposal is not considered to have any adverse impact on the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation on the foreshore as excavation is limited to the footings and inground pool.

In respect to sub-clause 4(d), the materials to be used for the building works will be acceptable within this area as neutral colour tones and finishes are to be used and landscaped open space will be retained on the site.

Accordingly, the proposal is seen to comply with Clause 19B.

Clause 22 – Excavation, filling of land

The proposed building works do not involve significant excavation and will not disrupt existing drainage patterns or soil stability.

Clause 22A – Acid Sulfate Soils

The subject property is situated within the Class 5 acid sulphate soil classification.

Works within 100 metres of adjacent Class 2 or 3 land which are likely to lower the watertable to any point below 1m AHD would require an acid sulphate soil management plan to be prepared. As the proposed works do not involve the disturbance of more than 1 tonne of soil, they are not considered to constitute “works” under the Local Environmental Plan and therefore do not require an acid sulphate soil management plan.

The location of the residence is some distance from the water’s edge, and no excavation is proposed below 5m AHD, with less than 1 tonne of soil to be disturbed.

Therefore, the proposal does not raise any issue in respect to this clause.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no Draft Environmental Planning Instruments which are applicable.

3. Development Control Plans

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

Car Parking
Standard
Proposal
Complies
Car Parking Space requirements for a residential dwelling with 3 or more bedroomsBecause no parking on site behind building line, then on merits. Double garage behind building line
Yes
Car Space dimension requirements and garage door clearance- Car spaces 5.4m x 5.4m (width x length)
- Double garage door 4.8m clearance
- 5.5m x 6.4m

- 5.0m provided
Yes
As can be seen from the table above, the proposal complies with Section 3.1.


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

The proposal has achieved a BASIX Certificate and therefore meets the objectives of Section 3.5 of the Development Control Plan.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

The proposal has been assessed in respect to the controls within Section 4.1 of Council’s Development Control Plan No 1 as shown in the table below.

Section 4.1 - Single Dwelling Houses
Standard
Proposal
Complies
Site Area550sqm2682sqmYes
4.1.3.1 Maximum Floor Area for >1500sqm Site AreaMaximum GFA = (Site Area – 1500) x 0.1 + 557.5 = 675.7sqm GFA = 394.18sqmYes
4.1.3.2 Landscaping and Open Space AreasMin. 45% of the total site area (for areas within FSPA) = 1206.9sqm2396sqm (89.3%)Yes
Principal Private Open SpaceMin. area of 30sqm with min. dimension of 5m >30sqm with >5m min. dimensionYes
Deep Soil LandscapingMin. 20% with minimum width of 2m (479sqm)


For properties >12m wide, min. 15sqm of deep soil landscaping to be provided in front yard
>20% of landscaped area available with min. 2m width

>48sqm deep soil landscaping available in front yard
Yes




Yes
4.1.3.3 Building Height9m max. ridge height

7.2m max. ceiling height
7.95m-8.95m

7.4m
Yes

No (1)
4.1.3.4 Setbacks

Front setback (building line)
Min. 4.5m to front wall

Front setback of 5.5m to garage wall

Side setback of 900mm for garage (integrated as part of the dwelling)

Side setback of 1500mm required in FSPA to first floor level

Rear setback of 6m min. for first floor level solid wall
6.47m

6.47m


East: 4000mm
West: 300mm


East: 1500mm (Amended plans)
West: 2100mm and Nil

>6m
Yes

Yes


Yes
No (2)


Yes



Yes
4.1.3.6 Balconies and TerracesPrivacy screens and planter boxes to minimise overlooking on second storey balconies /terraces N/A as no first floor balcony proposedN/A
4.1.3.7 Façade Articulation Carports and Garages to be setback 5.5m from building line

For sites >12m wide, garage doors facing street must not occupy >40% of width of dwelling house at street frontage. (This dwelling requires max 4.6m wide garage.)

Building Appearance must incorporate at least 2 building elements
6.47m



43.4% (5m)







Entry porch and eaves
Yes



No (3)







Yes
4.1.3.8 Car ParkingMin. 2 spaces for dwellings with 3 or more bedrooms2 spaces in double garageYes
4.1.3.9 Visual and Acoustic PrivacyWindows offset by 1mNo rear first floor balcony is proposed and first floor side windows are not to primary living areasYes
4.1.3.10 Solar Design and Energy EfficiencyPrincipal private open space of both subject lot and adjoining lot must receive a minimum of 3 hours direct solar access between 9am and 3pm in mid winterComplies Yes
(1) Building height


The north western corner of the main bedroom 1 exceeds the maximum 7.2m height limit by 200mm for a small portion of this corner due to the slope of the land. This portion of the building is situated in the centre of the site, 6.5m from the eastern boundary and 5.5m from the western boundary and the non compliance extends for approximately 3m. A cross fall of approximately 2.3m exists for this portion of the site. The floor to ceiling heights are 2.4m and cannot be lowered.

Given the distances from the side boundaries the additional 200mm has no impact on overshadowing and the one window in this potion is for the main bedroom. Hence there is no impact on privacy to the neighbours. Therefore the impact from this non compliance is negligible and it is recommended for approval.

(2) Setbacks

The proposal is for a western side setback of 300mm for the length of the garage. The existing dwelling has a 50mm setback for the ground floor for the full length abutting the western side boundary. This boundary adjoins a 3.6m wide driveway access handle for the adjoining battle-axe allotment to the south west of the site. The closest dwelling to the west of the subject site is approximately 4.6m from the western boundary.

The proposal for a 300mm setback for a length of 7.27m (being the garage) is considered unacceptable, considering the rest of the dwelling in effect has a nil setback for the ground floor. This proposed width does not allow sufficient maintenance of the gap between the garage and the boundary.

It is recommended that should the application be approved, the garage have a nil setback to this western boundary. The increase in width is so minimal (300mm) that the impact from the street would be negligible, as would the impact on the adjoining neighbours. The separation of 4.6m from the boundary to the closest dwelling is sufficient and as it is only single storey there would be no shadow or bulk impacts. It would reduce the ability of vermin and/or rubbish to build up between the garage and the boundary fence, and would act as the boundary itself. The wall would have to be fire-rated and the proposed windows on the western elevation be deleted. However it is considered a more practical solution with no impact to the street or neighbours.

(3) Façade Articulation

The non compliance to the maximum door width is 400mm. This non compliance is minor in nature and does not result in an over dominating garage. The width of the door is 5m. The minimum width for safe manoeuvring is 4.8m so the application can be conditioned to be reduced to 4.8m such that it is a non compliance of only 200mm.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS

There is an existing inground swimming pool in the rear yard of this site. While no alteration is proposed to this pool, conditions requiring fencing to meet legislative requirements are included in the recommendation.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 6.6 DEVELOPMENT IN BUSHFIRE SENSITIVE LAND

The subject property is within a bushfire prone area (bushfire prone land C Category 1 + Buffer) and a bushfire assessment report has been submitted and the development application was referred to the NSW Rural Fire Service for comment in accordance with the Development Control Plan.

The conditions recommended to be imposed by the NSW Rural Fire Service are included in the recommendation.

4. Impacts

Natural Environment

The proposal complies with the landscaped area and open space requirements in Council’s Development Control Plan and there will be no adverse effect on trees on the site.

Accordingly, the proposal is satisfactory in respect to the natural environment.

Built Environment

In respect to visual and acoustic privacy, the proposed works are satisfactory as no first floor balcony is proposed, and no primary living areas are located at first floor level.

The proposal complies with Council’s shadowing controls given the orientation of the land.

Accordingly, the proposed works are satisfactory in terms of the built environment.

Social Impact

The proposal is for residential purposes only, and no adverse social impact is envisaged.

Economic Impact

The proposal is for residential purposes only, and no adverse economic impact is foreseen.

Suitability of the Site

The subject site is a waterfront property, affected by environmental risk factors including bushfire, acid sulphate soils and a foreshore building line. As the proposed works relate to the existing house, they are considered to be suitable for the site.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. In response, one (1) objection has been received. The issues raised are discussed below as follows.

Inaccurate plan

The plan of the proposed development has not been drawn correctly as No. 17A is on this neighbours’ boundary and does not have the setback shown.

Our property is also a battleaxe and only has a 4.5m wide access and as both neighbours’ houses have been built on the boundary on both sides, it appears more narrow and shaded.

Comment: The survey submitted with the application, prepared by A B Stephens and Associates Registered Surveyors, shows the battle-axe driveway being 3.6m wide and the dwelling at No. 17A being setback 1m from that boundary. Thus whether the driveway width submitted with the survey is correct, the resulting separation of the closest dwelling to the west is 4.5m. This is considered a sufficient width for residential cars accessing one dwelling, and the provision of the garage wall on the boundary would not reduce this.

Previous extensions

The previous extensions should not have been approved as they allowed the house to be built on the boundary and the house exceeded the 8m height limit at the time.

Comment: The subject proposal is to be assessed on its merit and it is noted that the applicable height limit is now 9m, with which the proposal complies.

Boundary wall construction

The wall on the boundary was originally to be built in brick, but as it was built too close to the boundary, it had to be clad. Some paint is now peeling off the cladding and some cladding is becoming loose. The only way it can be repaired is via the neighbouring property, which would block the driveway which is in constant use.

Comment: The proposed new garage wall is rendered brickwork and requires very little maintenance. If approved to a nil boundary setback it would be fire-rated and designed such that the stormwater from the roof does not go onto the adjoining property.

Garage on the boundary

The proposed garage is on the boundary and does not have the required setback. This will make the neighbouring driveway like a long tunnel and block sun and light.

Comment: Council’s Development Control Plan standards require the provision of two (2) car parking spaces for residences with three (3) or more bedrooms. However it does state that “this requirement is not applicable to alterations and additions to existing dwellings without such car parking behind the building line”.

Technically this proposal does not require two (2) parking spaces, as none currently exist. However, it is reasonable that in these modern times, two (2) spaces would be provided and both of these spaces should be under cover. It is also reasonable to expect that these can be side by side and not tandem. Due to the narrowness of the land being only 12.19 metres at the front boundary and the separation between this dwelling and the adjoining dwelling, it is considered appropriate that the garage be located on the western boundary, in line with the existing dwelling. This maximises the front of the site for landscaping resulting in the proposal providing greater than 48sqm of landscaping in the front setback area.

The new garage is just over 7 metres long and will not add dramatically to the overall length of the building. The existing adjoining access way is 3.6 metres wide and the main reason for the tunnel effect for the adjoining access handle is that the existing driveway has been cut down into the site. As a result, the tunnel effect has been created.

Maintenance and construction access

The extensions have windows with shutters on the boundary and the only way to access this wall to do any maintenance is via the adjoining property, blocking the driveway. Construction work to build this extension on the boundary and any further maintenance work will necessitate accessing the adjoining property and blocking the drive.

Comment: The shutters are a NSW ‘BASIX’ requirement, as identified with the BASIX certificate submitted with the development application. The shutters are required for windows W23 and W24 and W5 (being on the western elevation of the ground floor).

Maintenance to the shutters on windows W23 and W24 (bedroom and office) can be carried out within the subject property. These windows are sliding windows which have been designed to slide in both directions to allow cleaning of the entire louvre. Maintenance to the shutter on window W5 (rear living room) can be easily carried out from the adjacent balcony on the subject property.

Height

The height of the house has been increased and appears over the 8.5m height limit, and although the neighbouring house is three (3) storeys high, the roof only reaches the ground level of this site’s backyard. The increase in height will block morning sun to the neighbouring property.

Comment: The amended alterations and additions have been designed in such a manner to set them back from both the rear and both side elevations. This has the desired effect of minimising the impact of overshadowing. Due to the orientation of the site being in a north to south direction the shadowing is shared between both adjoining properties. Further, the overall height is below the 9m max height limit specified in Development Control Plan No 1. The overshadowing is well within acceptable standards.

Setback

It is requested that any further work on this property comply with the required setback and Council regulations.

Comment: The proposal does comply with the required setbacks provisions, with the exception of the garage. This has been discussed in the report and is considered to have a negligible impact on the streetscape and/or adjoining residents.

Council Referrals

Tree Management Officer

No objections were received from Council’s Tree Management Officer.

External Referrals

NSW Rural Fire Service

The application was referred to the NSW Rural Fire Service and the recommendations from the Service have been incorporated into the recommendation.


6. CONCLUSION

The proposal has been amended such that the side setbacks of the first floor addition now comply on the eastern elevation. The western side setback exceeds the minimum required by Council’s Development Control Plan for the first floor and it is the garage at ground level which does not comply.

Given the separation between the adjoining dwellings, and the existing western side setback, it is considered that the garage should have a nil boundary setback for this side. It has no impact on the streetscape and adjoining residences, deletes the impractical 300mm setback which has problems with maintenance, whilst allowing for considerable landscaping in the front setback area.

Having regard to the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended, the proposal is considered to be satisfactory and is recommended for approval.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 10/DA-128 for alterations to an existing dwelling including an additional storey on Lot 10 DP 996679 and known as 21 Woodlands Avenue, Lugarno, subject to the attached conditions:

THAT the application be approved subject to the following conditions:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan No
Plan Date
Description
Prepared By
1Mar 10 Title SheetMJP Design Architects
2Mar 10Site Analysis and Roof PlanMJP Design Architects
3Mar 10Lower Ground Floor PlanMJP Design Architects
4Mar 10Ground Floor PlanMJP Design Architects
5Mar 10
Amended plan received
20 Sep 10
First Floor PlanMJP Design Architects
6Mar 10East ElevationMJP Design Architects
7Mar 10West ElevationMJP Design Architects
8Mar 10South ElevationMJP Design Architects
9Mar 10North ElevationMJP Design Architects
10Mar 10Section A-AMJP Design Architects
CMP1Mar 10Erosion and Sediment Control plan and Waste Management PlanMJP Design Architects
-Received
12 Apr 10
Colour SchemeMJP Design Architects
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.


4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.

5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.

6. PR1 - Prescribed Conditions of Development Consent

Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (relating to building work)

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorized to be carried out by the consent commences.

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs

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

(a) showing the name, address and telephone number of the principal certifying authority for the work
(b) showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours
(c) stating that unauthorised entry to the work site is prohibited

(2) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, and must be removed when the work has been completed.

(3) This clause does not apply to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(4) These signage requirements do not apply to in relation to Crown building work that is certified to comply with the technical provisions of the State's building laws.

Notification of Home Building Act 1989 Requirements

This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

(a) in the case of work for which a principal contractor is required to be appointed:
(i) the name and licence number of the principal contractor
(ii) the name of the insurer by which the work is insured under Part 6 of that Act

(b) in the case of work to be done by an owner builder:
(i) the name of the owner builder
(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

Demolition Conditions

8. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.

9. DE7 - 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.

10. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

11. DE9 - The developer /builder is to 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 ( i.e. WorkCover or Hurstville City Council). 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.

12. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.

To Obtain a Construction Certificate

14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Evidence of an Owner Builder Permit (Class 1 & 10 buildings only).

(b) Evidence of Home Building (Private) Insurance Certificate.

(c) Fees to be paid to Council:
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$1,61.50
12 Apr 10
331651
Plan First Fee
X
AP35
$220.80
12 Apr 10
331651
Notification Fee
X
AP12
$127.00
12 Apr 10
331651
Imaging Fee
X
AP165
$125.00
12 Apr 10
331651
Long Service Levy
AP34
$1,207.00
Builders Damage Deposit
BON2
$1,500.00
Inspection Fee for Refund of Damage Deposit
DA6
$125.00
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)
PCA Services Fee
DA6
$1,521.38
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.

15. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

16. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The garage is to be extended to a nil boundary setback on the western side. The windows of this garage are to be deleted and it is to comply with all BCA requirements.
(b) The guttering on the western side of the garage is to be designed such that all roof water from this garage is collected and disposed of in the existing stormwater system on site. No roof water from the garage is to disperse onto the adjoining property.
(c) The garage door be reduced in width to the minimum 4.8m, to improve the aesthetics from the street.

17. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

18. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development: $1500.00

(b) Payment to Council of a non refundable Inspection Fee to enable assessment of any damage and repairs where required: $125.00

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

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

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

19. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) retaining walls
(h) stabilizing works

20. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

21. BC5 - Bulk excavation or filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.

22. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

23. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.

24. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.

25. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

26. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the existing drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

On-site infiltration via an absorption trench is only permitted for surface water runoff such as driveway/footpath, and such trenches must be located at least 3m from any property boundary and be constructed at across the contour of the land.

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

The design of the proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.

27. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

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

* Quick Check agents details - see Building Developing and Plumbing then Quick Check; and

* Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating.

or telephone 13 20 92.

28. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

29. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

30. The noise level of the air conditioning unit will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning unit if operated outside these hours must not exceed the background ambient noise level.

31. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.

32. Design and Construction – (The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.) New construction shall comply with Australian Standard AS3959-2009 “Construction of buildings in bush fire-prone areas” BAL 40.

33. The existing building shall be upgraded to improve protection against bush fires by undertaking the following:

* Existing window(s) are to be screened with aluminium, bronze or corrosion resistant steel mesh with a maximum aperture size of 2mm. Screens shall be placed over the entire window to reduce the impact of radiant heat upon the glass.
* Vents, weepholes and the like are to be screened with aluminium, bronze or corrosion resistant steel mesh with a maximum aperture of 2mm, to prevent the entry of embers.
* External doors are to be sealed with draft excluders to prevent the entry of embers.
* Subfloor areas are to be fully enclosed with aluminium, bronze or corrosion resistant steel mesh with a maximum aperture size of 2mm or non-combustible material to prevent the entry of embers.

Before Commencing the Development

34. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:

(a) A Construction Certificate for the building work has been issued by:
(i) The consent authority; or
(ii) An accredited certifier; and

(b) The person having the benefit of the development consent has:
(i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and

(b1) The Principal Certifying Authority has, no later than 2 days before the building work commences:
(i) Notified the Council of his or her appointment, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(b2) The person having the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(c) The person having the person having the benefit of the development consent has given at least 2 days notice to the Council of the person's intention to commence the erection of the building.

Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.

35. BC1 - Construction Certificate - No work shall commence until you:

(a) Obtain a Construction Certificate from Hurstville City Council - a fee applies for this service; or

(b) Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.

36. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:

(a) Not less than two (2) days notice of the date on which it is proposed to commence work associated with this Development Consent.

(b) Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier).

(c) Details of the name, address and licence details of the Builder.

37. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.

38. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

39. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

40. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work.

41. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

(a) compliance with the approved Soil and Water Management 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 uncontaminated run-off is diverted around cleared or disturbed areas
(d) silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways
(e) all erosion and sediment controls are fully maintained for the duration of demolition/ development works
(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways
(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar
(h) all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters
(i) pumped or overland flows of water are discharged so as not to cause, permit or allow erosion
(j) compliance with the Do it Right on Site brochure requirements publicated by SSROC

before the commencement of work (and until issue of the Occupation Certificate).

During the Development

42. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building.

Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

43. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.(b) Floor slabs or foundation wall, before formwork or commencing brickwork.(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.(e) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.(g) Other. Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

44. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday.

Additionally, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) is prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

A Penalty Infringement Notice may be issued for failure to comply with this condition.

45. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

46. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council’s Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

47. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

48. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

49. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.

50. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

51. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.

52. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.

53. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

54. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

55. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

56. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following:

(a) modification of existing soil levels, storage of materials, site sheds and machinery;

(b) preparation of building materials, eg. concrete, or chemical treatments;

(c) the movement of pedestrian or vehicular traffic;

(d) the temporary or permanent location of services, or the works required for their installation, eg. trenches, holes or canals.

The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

57. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.

58. Asset Protection Zones – (The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.) At the commencement of building works and in perpetuity, the property around the building to a distance of 50 metres or to the property boundary, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

59. Landscaping – Landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for Bush Fire Protection 2006’.

Before Occupation

60. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

61. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building.

Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

(a) That any preconditions required by the development consent to be met have been met; and

(b) Such building work has been inspected by that Principal Certifying Authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the Principal Certifying Authority and the conditions required by this development consent.

62. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A78970 dated 11 March 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

63. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

64. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.

After Occupation/Ongoing Conditions

65. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

66. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.

67. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).

68. SP4 - Pump Hours - The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:

Monday to Friday (other than a Public Holiday): 7.00 am to 8.00 pm
Saturday, Sunday and Public Holiday: 8.00 am to 8.00 pm

69. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.

70. SP6 - 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) the swimming pool must not be used for commercial or professional purposes;
(d) pool water quality must be maintained to Council's satisfaction;
(e) install a hydrostatic pressure relief valve in the base of the pool (in ground pools);
(f) provide permanently fixed depth markers at each end of the pool;
(g) drain paved areas to the landscaped areas; and
(h) arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

71. SP7 - Cover - Install a pool cover, to reduce evaporation of water in the swimming pool.

72. SP8 - The existing boundary fence must be renewed/repaired/placed to the satisfaction of Council to provide an effective safety barrier to the pool area.

73. SP9 - No ancillary structures are to be located within the fenced pool area. No additional paving or modification to the landscaped open space area is permitted to that shown on the approved plan.

74. SP10 - All fencing, doors and gates that provide access to the swimming pool must, so long as the swimming pool exists, be maintained in a good state of repair as effective and safe barriers.

75. All doors and gates providing access to the swimming pool must be kept securely closed at all times when they are not in actual use.

76. Access - (The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area.) To aid in fire fighting activities, unobstructed access to the rear of the property shall be provided and is to be maintained at all times.

Other Approvals - Section 78(5), Local Government Act 1993

Nil.

Advices to Applicant

77. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

78. If you are not satisfied with this determination, you may:

(a) Apply for a Review of a Determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within twelve (12) months of the date of this Notice of Determination and be accompanied by the relevant fee. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.
OR

(b) Appeal to the Land and Environment Court within twelve (12) months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.

(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

79. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of:

(a) street/house number and street name
(b) side of the street
(c) name of nearest cross street
(d) distance from nearest cross street

For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

80. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

81. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.

82. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.

83. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.

84. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

85. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

86. If you need more information, please contact Manager - Development Assessment, Ms T Christy on 9330-6253 during normal office hours.

* * * * *


DECISION - DAC

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

(Moved Councillor S McMahon / Seconded Councillor C Wong)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 6th October 2010

DAC107-10 PK - 24 BORONIA PARADE, LUGARNO - FIRST FLOOR ADDITION TO EXISTING DWELLING INCLUDING INTERNAL AND EXTERNAL ALTERATIONS


Applicant

Maropoulos Nikolas

Proposal

First floor addition to existing dwelling including internal and external alterations

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 1 - Development Standards, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Mary and Maropoulos Nikolas

Existing development

Dwelling house, four detached outbuildings and a swimming pool to the rear

Cost of development

$399,000.00

Reason for referral to Council

Two submissions received and SEPP 1 Objection

Report author/s

Development Assessment Officer, Mr R Guirguis

File No

10/DA-246

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the addition of a first floor level over the existing dwelling house and some internal and external alterations.

2. The subject site is located within the Foreshore Scenic Protection Area and is subject to a Foreshore Building Line which is measured at 60 meters from the road frontage.

3. The existing dwelling is wholly located beneath Foreshore Building Line. Therefore, this application is accompanied by an Objection to this development standard in accordance with State Environmental Planning Policy No 1 - Development Standards.

4. The proposal does not create any additional breach to the Hurstville Local Environmental Plan 1994 and fully complies with Development Control Plan No 1.

5. There were two (2) submissions received in relation to the proposed development.


AUTHOR RECOMMENDATION

THAT the SEPP 1 Objection be supported.
THAT the application be approved in accordance with the conditions included in the report.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the addition of a first floor level over the existing dwelling house and internal and external alterations.

Internally, the existing ground floor level will remain unaltered and contains three (3) bedrooms, one (1) bathroom, a rumpus room, a bar area and a sunroom extending the full width of the dwelling.

The proposed first floor level will contain three (3) additional bedrooms, one (1) bathroom, kitchen and an open plan lounge and dining areas overlooking a terrace with a rear north eastern aspect with views to Georges River extending the full width of the dwelling and located above the existing sunroom below.

The proposed first floor addition is limited to the existing footprint of the ground floor level with exception to the front portion where it extends over the front entrance porch. Entry is proposed to be gained directly into the first floor level via a mini bridge/pathway due to the steep slope experienced by the land.

Externally, the proposal has side stairs leading to the proposed terrace at the rear and a small suspended main entrance pathway which resembles a small bridge. The proposal also seeks to render the entire building and replace all existing windows with new aluminium framed windows.


DESCRIPTION OF THE SITE AND LOCALITY

The site is generally a rectangular shaped battleaxe type site with a width of 30.48m and an area of 2689.6sqm. The site is located on the north eastern side of the street and behind 22 and 26 Boronia Parade. Existing on the site is a single level dwelling house with four (4) detached outbuildings scattered across the site and a swimming pool to the rear of the property.

Adjoining the site to the north west and south east are the rear yards of 28 and 20 Boronia Parade respectively and both contain dense vegetation. Located at the rear of the site is Georges River. The area is generally residential in character.

The existing dwelling house including two (2) of the detached outbuildings and the swimming pool are all located entirely within the Foreshore Building Line which is measured at 60 meters from the road frontage (Boronia Parade). The current breach of the foreshore building line is 44m.

The site is steeply sloped to the rear towards Georges River and falls approximately 22 meters.


COMPLIANCE AND ASSESSMENT

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 - Residential and the proposal is permissible within the zone with development consent.

Clause 14 - Tree Preservation orders

No trees that are affected by this clause are proposed to be removed as a result of the proposed development.

Clause 15 - Services

The site is adequately serviced by the relevant utility services necessary to support residential development. The proposed alterations and addition can be accommodated over the existing infrastructure. Stormwater is to discharge directly into Georges River as per the existing system via gravity.

Clause 19 - Foreshore Building Line

The site is affected by a Foreshore Building Line of 60 meters, measured from the road frontage. The existing dwelling house predates the subject Foreshore Building Line which has been in force since 1994. Hurstville Local Environmental Plan 1994 Clause 19 (1) and (2) state that:

Even though the existing dwelling is located wholly beyond the specified Foreshore Building Line, the proposed first floor addition is not a development that is categorised in accordance with Clause 19(5). Therefore, the proposal poses a technical variation to this clause as the existing dwelling including 80% of the subject site have been developed prior to the current Foreshore Building Line Development Standard being in force.

As such, an objection to this development standard has been prepared by the applicant and submitted with this application. The content of the SEPP 1 Objection is discussed in more details under the heading “State Environmental Planning Policy No 1 - Developments Standards” of this report where the objection is validated and the proposal is considered satisfactory to the objectives of this clause.

Clause 19B - Foreshore Scenic Protection Area

Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following.
(b) The likely impact of the proposed development on views from adjoining properties and public places to the waterway and adjacent foreshore areas;
(c) The likely effect of the proposed development on the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation;
(d) The design of the proposed development and selection of materials and their impact on the character of the locality and landscaped open space on the site”

The proposal is also considered satisfactory to the provisions of the above clause as it maintains a consistent and satisfactory appearance when viewed from the waterways and adjacent foreshore areas.

The proposal will not impact on any views currently gained by any of the adjoining properties as it is situated well below their line of sight.

In addition, the proposal represents a minimal increase to the existing footprint of the dwelling from the front portion however, it maintains the existing landscaped open space on site and does not present any adverse impact upon the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation as it no vegetation requires any removal and excavation is only limited to the provision of two (2) piers for the front columns to support the first floor level.

Clause 22 Excavation, filling of landThe proposal does not pose any detrimental impact on the existing drainage pattern or soil stability as the entire first floor level is predominantly above the existing ground floor parameters and required excavation is limited to the proposed front columns only.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 1 - DEVELOPMENTS STANDARDS (SEPP1)

Clause 7 of SEPP1 empowers the Council to grant consent to a development application notwithstanding a development standard that is subject to an objection pursuant to clause 6 of the Policy. If the Council is satisfied that the objection is well founded and that granting development consent would be consistent with clause 3 of the Policy an approval may be issued.

As such, a SEPP 1 Objection to this development standard has been prepared by John Lowe and Associates Pty Ltd (consulting land and engineering surveyors) and submitted on behalf of the applicant. The SEPP 1 Objection states the following explanation:In reference to the SEPP 1 Objection, the following technical clarifications are worthy of being noted.* The objection refers to the Foreshore Building Line Development Standard as “Planning Control” which is incorrect as this standard is the subject of Clause 19 of Hurstville Local Environmental Plan and not only a Development Control Plan control.

* Point 1 of the objection stipulates that this development standard is in place to “stop any new development in the river foreshore area”. This is also incorrect as it does not reflect the true objectives of this development standard and the use of the wording “any” reflects total prohibition of development where Clause 19 of the Hurstville Local Environmental Plan permits certain developments beyond the Foreshore Building Line with development consent.

* The objection states that there will be no increase to the existing footprint where in fact there is a minor increase as the proposed first floor level projects by approximately 3.75m forward of the existing front façade in an effort to gain almost at grade access into the first floor level to eliminate the need for front stairs.Notwithstanding the above, the objection submitted seeks to highlight that the proposed first floor addition poses no detrimental impact, satisfies the objectives of the Foreshore Building Line development standard and strict compliance with the development standard is considered unreasonable.

In determining the reasonableness of the above conclusion, there are five (5) basic prerequisites that need to be satisfied as follows. These have been set down in the Land Environment Court.Comment: The 80 meters Foreshore Building Line is a Development Standard and is the subject of Clause 19 of Hurstville Local Environmental Plan 1994.Comment: The underlying purpose of this development standard is to maintain a consistent and a well setback building line along the foreshore, preserving natural rock formations and enabling the natural development of vegetation canopies to be the predominant appearance along the foreshore.Comment: This Policy provides flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary. This development standard is considered to be consistent with the provisions of the Policy.Comment: In this circumstance, compliance with the development standard is considered to be unreasonable and unnecessary as the breach is existing. Nothing in this application worsens the breach to the development standard. Strict adherence to the development standard would prohibit any works to the existing dwelling.The objection is considered to be well founded for the following reasons:1. The existing dwelling is already located beyond the Foreshore Building Line as it predates it, therefore no additional breach occurs as a result of this application.

2. The proposal poses minimal increase to the existing footprint.

3. The proposal will not alter the natural rock formation and represents no additional impact on the existing vegetation or landscaped open space.

4. Strict compliance to the development standard would prohibit any additional works to the existing dwelling which is unreasonable.

5. The proposal in its current form is considered to be more aesthetically pleasing than the existing dwelling when viewed from the water.

6. The proposal satisfies all other provisions of Hurstville Local Environmental Plan and Development Control Plan No 1.As such the proposal in its current form is considered to pose negligible impact and strict compliance with the 60 metre Foreshore Building Line development standard is considered unreasonable and unnecessary. Therefore this variation is supported.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no draft environmental planning instruments relevant to this application.

3. Development Control Plans

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

DevelopmentStandardProvidedComplies
Single Dwelling House2 spaces for 3 bedrooms or moreFour (4) existing car spaces providedYes
The proposal complies with the requirements of Development Control Plan No 1 – LGA Wide – Section 3.1 Car Parking.


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

The proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. A BASIX certificate satisfying the required score has been provided.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING

Single Dwelling House ControlsStandardProposed
Complies
Site Area2660sqm
Yes
4.1.3.1 – Maximum Floor AreaGreater than 1500sqm = (2660 -1500) x 0.1 + 557.5 = 673.5sqm (0.25:1)370.56sqm, 0.14:1
Yes
4.1.3.2 – Landscaping and Open Space Areas


Principal Private Open Space




Deep Soil Landscaping
Landscaped Area –
Site area
Min. 45% of the total site area = 1197sqm

* Min. 30sqm

* Min. 5m in any direction
* Ground level/behind building line

* Min. 20% of the total site area = 532sqm (Min. soil depth = 0.9m and Min. width of 2m)

* Site width >12m: Front yard deep soil area = Min. 15sqm
Landscaped area = 2121.5sqm or 79%



Principal private open space = 264sqm
Dimensions = 12m x 22m

Yes

Deep soil landscaping =
1065sqm 40%
All with min dimension of 2m and 900mm deep


Exceeded
Yes




Yes

Yes

Yes

Yes





Yes
4.1.3.3 – Building Height

Max. Ridge Height

Max. Ceiling Height
9m above the existing ground level