Print
DEVELOPMENT ASSESSMENT COMMITTEE

NOTICE OF MEETING
Wednesday, 7th September 2011


1 September 2011

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, 7th September 2011 at 7.00 pm for consideration of the business available on Council's website at http://www.hurstville.nsw.gov.au/Agendas-and-Minutes.

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
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, OAM
Councillor A Wagstaff
Councillor C Wong

The Quorum for the meeting is 7

Print
DEVELOPMENT ASSESSMENT COMMITTEE

SUMMARY OF ITEMS
Wednesday, 7th September 2011



ITEMS


DAC100-11 MINUTES: DEVELOPMENT ASSESSMENT COMMITTEE - 03/08/2011 (09/1214)DAC101-11 HUR - 226A GLOUCESTER ROAD, HURSTVILLE - NEW CARPORT TO FRONT OF DWELLING (11/DA-181)DAC102-11 HUR - 9 LOW STREET AND 1 MACPHERSON STREET, HURSTVILLE - TORRENS TITLE BOUNDARY ADJUSTMENT (11/DA-133)DAC103-11 HUR - 506 KING GEORGES ROAD, BEVERLY HILLS - CHANGE OF USE FROM EXISTING COMMUNITY CENTRE TO OFFICE PREMISES (11/DA-256)DAC104-11 PK - 6 LILLIAN ROAD, RIVERWOOD - DEMOLITION OF EXISTING STRUCTURES AND PROPOSED AFFORDABLE RENTAL HOUSING CONSISTING OF BASEMENT CAR PARKING, RESIDENTIAL FLAT BUILDING FOR TEN UNITS AND STRATA SUBDIVISION (11/DA-90:2)DAC105-11 PK - 55 RILEY STREET, OATLEY - HABITABLE LOFT AREA TO EXISTING GARAGE (11/DA-61)DAC106-11 PK - 30 SAMUEL STREET, PEAKHURST - SECTION 96 MODIFICATION TO APPROVED MULTIPLE DWELLING - MODIFY GROUND FLOOR GARAGE WINDOWS ON WESTERN ELEVATION TO ROLLER DOORS (2010/DA-191REV1)DAC107-11 PK - 1 HARDWICKE STREET, RIVERWOOD - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A BOARDING HOUSE WITH 19 ROOMS CAPACITY UNDER AFFORDABLE RENTAL HOUSING SEPP (11/DA-110)DAC108-11 PNS - 8 QUEENSBURY ROAD AND 9A AND 11 HAWK STREET, PENSHURST - ALTERATIONS AND ADDITIONS TO THE EXISTING RESIDENTIAL CARE FACILITY INCLUDING NEW TWO STOREY EXTENSION AND CONSOLIDATION OF THE SITE UNDER STATE ENVIRONMENTAL PLANNING POLICY (HOUSING FOR SENIORS AND PEOPLE WITH A DISABILITY) 2004 (10/DA-76:3)DAC109-11 PNS - 29 WARATAH STREET, OATLEY - ALTERATIONS AND ADDITIONS TO EXISTING DWELLING AND OUTBUILDINGS INCLUDING A FRONT FENCE (11/DA-36)DAC110-11 PNS - 5 HIGHLAND ROAD, PEAKHURST - DEMOLITION OF EXISTING AND CONSTRUCTION OF A NEW TWO STOREY SPLIT LEVEL DWELLING AND SWIMMING POOL (11/DA-176)
Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC101-11 HUR - 226A GLOUCESTER ROAD, HURSTVILLE - NEW CARPORT TO FRONT OF DWELLING


Applicant

Paul and Bronwyn Batten

Proposal

New carport to front of dwelling

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy No. 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide - Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings

Hurstville Local Environmental Plan 1994 interpretation of use

Ancillary use to a 'Dwelling House'

Owner/s

Paul and Bronwyn Batten

Existing development

Single storey dwelling house with outbuildings

Cost of development

$10,060.00

Reason for referral to Council

One objection received and variation to DCP 1

Report author/s

Development Assessment Officer, Mr K Kim

File No

11/DA-181

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks approval for the construction of a new carport to the front of the existing dwelling on the site.

2. The proposal seeks variation to the maximum height requirement of Development Control Plan No 1 – LGA Wide - Section 4.6 Outbuildings for the attached carport.

3. One (1) objection was received following the neighbour notification.

4. This application was 'called in' from the DAC Delegation in July 2011 for the next Development Assessment Committee meeting in August 2011.

5. The application was deferred at the Development Assessment Committee meeting of 3 August 2011 for site inspection by Councillors. The inspection will be held on 7 September 2011.


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 3 August 2011 for site inspection by Councillors. The inpsection will be held on 7 September 2011.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for the construction of a new carport to the front of the existing dwelling on the site. The carport is to replace an existing carport. The proposal involves:

* The single carport as proposed is to have similar dimensions to the existing one with a wider frontage of 4.19m and a length of 4.2m, however the new carport is to align with the building line, whereas the existing was located forward of the building line.

* The proposed carport is to be setback 0.9m from the south eastern side boundary and located at least 5.3m from the front boundary of the site at the end of an angled driveway that currently exists within the front yard.

* The proposed carport is to comprise of a gabled roof and has ceiling heights ranging from 3.3m to 3.6m (under side of the roof beams), when measured from the existing ground level at the front and rear alignments of the carport, respectively. The roof of the proposed carport also covers the entry steps/porch to the front of the dwelling. The proposed carport is to be attached and placed to align with the eaves of the existing dwelling and has two sides of the carport open.

No other changes to the existing dwelling house and landscaped areas are proposed with this application.


DESCRIPTION OF THE SITE AND LOCALITY

The site is regularly shaped with a narrow width and frontage of 10.06m, depth of 40m and an area of 402.6sqm. The site is located on the north eastern side of Gloucester Road and is oriented to the south west. Existing on the site is a single storey dwelling house with a single carport on the south eastern/front of the dwelling and a detached outbuilding in the rear yard.

The existing carport is located in front of the building line of the dwelling at the end of an angled driveway, which has one end of the driveway in the centre of the street frontage and the other end to the carport on the south eastern side of the front yard.

The site slopes slightly from the rear boundary to the street in Gloucester Road. The site is adjoined by a single storey dwelling to the west and to the east by a split-level dwelling. To the rear is a two (2) storey dwelling.

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. The proposed ancillary use to a ‘Dwelling House’ is a permissible use in the zone.

Clause 15 – Services

It is proposed to discharge roof water from the proposed carport to Council’s kerb and gutter in Gloucester Road. Therefore the proposal is considered acceptable and is consistent with this clause of Hurstville Local Environmental Plan 1994.

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

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.As can be seen from the table above, the proposal complies with Section 4.1.


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

The extent to which the proposed carport complies with the outbuilding controls is outlined in the table below.(1) Maximum Height - Outbuildings


The Development Control Plan states that Council may consider variations to the maximum height for outbuildings, if there are valid reasons for the increased height.

The applicant seeks variation to the maximum height for the proposed carport in order to keep the ceiling of the carport at the same level as the eaves of the dwelling and to provide sufficient head room for the portion of the roof of the carport over the raised entry porch.

Notwithstanding the above, the proposal has been assessed on its merits and is considered acceptable for the following reasons:

* The roof of the carport also replaces the existing roof over the front entry steps/porch. This roof design will provide continuity upon the facade of the dwelling.

* The proposed carport has four (4) supporting posts to the southern side of the carport and is to be attached to the existing fascia board (where the eaves are located) of the dwelling on the northern side of the carport without any supporting posts.


* The proposed carport comprises of a gabled roof that matches the existing roof of the dwelling and hence compliments the existing dwelling.

* The carport is 0.9m from the southern side boundary and 5.3m from the front boundary so will not dominate the streetscape in any way.

* There will also be no adverse impacts in terms of overshadowing, as shadow cast from the proposed carport will fall predominantly over the subject site and neighbour’s garage and driveway (non-habitable areas).

Hence the proposal is considered acceptable and is recommended to be supported for the above reasons.

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 sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts.

Built Environment

The proposal is not likely to set a precedent in the area or detract from the existing streetscape, given that the proposed carport is similar in size and materials to the carport that currently exists at the front boundary of the site, except for the roof form/height of the carport that is considered acceptable for the reasons stated in this report.

In terms of overshadowing, the south eastern neighbour's garage and driveway will be overshadowed by the proposal mainly in the afternoon, due to the orientation of the site.

However the majority of the windows to habitable rooms and private open space of this neighbour's property are not affected by the proposed carport. The submitted shadow diagrams depicts the shadow cast by the proposed carport and on the elevation plans, shows that the south eastern neighbour's property is only affected by shadow on the garage wall and part of the side balustrades of the first floor balcony of the neighbours property from 12 noon, however no shadow falls on the neighbour's first floor balcony or the neighbour's bedroom window at the first floor, which faces the street. Therefore the neighbour's front bedroom window and balcony at the first floor are not affected by the shadow cast from this development.

Overall, the impact from overshadowing from this development is considered 'negligible' between 9.00am and 3.00pm midwinter. Furthermore the extent of shadowing by the proposal will still satisfy the requirements of Development Control Plan No 1 - LGA Wide by providing a minimum of 3hrs of direct solar access to the neighbour's principal private open space.

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. One (1) objection was received in relation to this application and raised the following concerns.

Height of the proposed carport

Concerns were raised in relation to the height of the proposed carport, which appears to be higher than normal carports and the one it replaces. The objector is also concerned that “the height of the proposed construction does not appear to be keeping within the building line on our side of the street”.

Comment: The height of the proposed carport is supported for the reasons stated in the report. In addition, the building line of the street does not relate to building heights, but to the front setback/alignment of a building to the street frontage. The proposed carport aligns with the building line of the existing dwelling and hence this concern is not considered valid.

Notification of development applications

A number of concerns were raised in relation to neighbour notification as follows:

1. Time extension for neighbour notification (future DAs) to four (4) weeks, and

2. In the event that a similar development being proposed on the other side of the objector’s property, the objector wishes to inspect the details or plans of that application.Comment: This is not a concern that relates to the subject application. Regardless Council has legislative duties to notify all relevant development applications in accordance with Council’s Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification and Advertising of Development Applications.

Potential overshadowing

A concern is raised in relation to a potential overshadowing by the proposed carport on the objector’s property.

Comment: As discussed earlier in this report under the 'Impacts - Built Environment' section, the potential loss of ‘natural sunlight’ to the objector’s garage and driveway would be ‘negligible’.


6. CONCLUSION

The proposed development is permissible as per the Hurstville Local Environmental Plan 1994, as amended. The proposal complies with majority of Council's controls with conditions attached to the recommendation.

The variation to the maximum height for the carport is supported for the reasons stated in this report.

One (1) submission has been received in relation to the proposal. This submission has been discussed and addressed in the report.

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 11/DA-181 for a new carport to front of dwelling on Lot 18, DP 3406 and known as 226A Gloucester Road, Hurstville, 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 Number
Plan Date
Description
Prepared By
1 of 1
16 May 11
Architectural PlansHomeclad Pty Ltd
1 of 1
16 May 11
Site Coverage PlanHomeclad Pty Ltd
1 of 1
16 May 11
Stormwater Concept PlanHomeclad Pty Ltd
--
Received
1 Jun 11
Schedule of Colours and FinishesStratco
--
Received
277 Jul 11
Shadow Diagrams and ElevationsHomeclad Pty Ltd
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. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
Schedule of fees, bonds and contributions
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$200.00
1 Jun 11
351233
Notification Fee
X
AP12
$131.00
1 Jun 11
351233
Imaging Fee
X
AP165
$65.00
1 Jun 11
351233
Builders Damage DepositBON2
$550.00
Inspection Fee for Refund of Damage DepositDA6
$65.00
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
$351.22
Construction Certificate Application Fee
CC1
$278.95
Imaging Fee
AP165
$66.95
9. 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.10. 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.11. 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.12. 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) footings
(b) structural steel

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

14. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the street gutter adjacent to the property frontage 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.
15. 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.

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

17. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
18. 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.19. 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.20. 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.

21. 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.

22. 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.
23. 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.

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

25. 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.

26. The carport must be constructed with non-combustible roof and wall claddings and ceiling linings.

27. MI34 - The carport must remain open and must not be enclosed in any manner.28. 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.29. 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.

30. 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.

31. 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.

32. 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.

33. 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:

34. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.
35. 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.
36. 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.

37. 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.)

38. 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.

39. 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.

40. 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.41. 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 131318.42. 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.43. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.44. 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.

45. If you need more information, please contact Development Assessment Officer Kevin Kim on 9330-6263 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 N Liu)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC102-11 HUR - 9 LOW STREET AND 1 MACPHERSON STREET, HURSTVILLE - TORRENS TITLE BOUNDARY ADJUSTMENT


Applicant

mCubed Design

Proposal

Torrens title boundary adjustment

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, State Environmental Planning Policy No 55 – Remediation of Land, Development Control Plan No 1 – LGA Wide - Section 3.2 Subdivision

Hurstville Local Environmental Plan 1994 interpretation of use

Subdivision

Owner/s

Bassem Jawad

Existing development

Single dwelling house

Cost of development

Nil

Reason for referral to Council

Three submissions received and SEPP 1 Objection received

Report author/s

Development Assessment Officer, Mr P Nelson

File No

11/DA-133

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes a Torrens title boundary adjustment between 9 Low Street and the adjoining 1 MacPherson Street, Hurstville.

2. The proposal results in a variation to the Hurstville Local Environmental Plan. A SEPP 1 Objection has been lodged in support of the proposal.

3. Three (3) submissions were received in relation to the proposal.


AUTHOR RECOMMENDATION

THAT the SEPP 1 Objection be supported by Council as the proposal satisfies the objectives of the zone and the underlying intention of the control despite the numerical variation proposed.
FURTHER 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 boundary adjustment to the shared boundary between 9 Low Street and 1 MacPherson Street. The proposal seeks to adjust the direction of the boundary so that it runs parallel to the adjacent northern boundary of 1 MacPherson Street and the adjacent southern boundary of 9 Low Street. This will result in a new frontage of 15m width for 1 MacPherson Street and a new secondary frontage of 22.10m width for 9 Low Street. This will result in 9 Low Street increasing in area from 588sqm to 632sqm and 1 MacPherson Street decreasing in size from 580sqm to 536.64sqm. 1 MacPherson Street will have a frontage of 15m, narrowing along the length of the site to the existing rear boundary width of 12.19m.


DESCRIPTION OF THE SITE AND LOCALITY

The site at 9 Low Street is an irregular shaped corner site with a frontage of 14.89m to Low Street, a corner curved splay to Low Street and MacPherson Street frontage of 8.54m and an area of 588sqm. A single storey single dwelling house is located on this site.

The adjoining 1 MacPherson Street is an irregular shaped site with a frontage of 18.635m to MacPherson Street and an area of 580sqm. A single storey single dwelling house is located on this site.

Adjoining the site on all sides are residential properties. 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. The relevant issues raised are discussed below.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

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

Clause 11 - Minimum lot sizes for dwellings within Zone No 2

The proposal complies with the minimum lot area and frontage requirements of this section of the Local Environmental Plan. However, the proposal results in a further variation to the minimum 15m width of 1 MacPherson Street. 1 MacPherson Street is proposed to have a new frontage of 15m with the existing rear width of 12.19m to be retained. As such the allotment will only meet the minimum width requirement at the front boundary. As such a SEPP 1 Objection submission is required in order to consider this variation. The SEPP 1 Objection is considered under relevant heading below.

Clause 15 – Services

Appropriate provision of utility and stormwater drainage services are available to each property.

STATE ENVIRONMENTAL PLANNING POLICY NO 1 – DEVELOPMENT STANDARDS

A SEPP 1 Objection has been submitted as the application proposes a boundary adjustment that causes an additional variation to the required minimum 15m width under Clause 11 (1) of the Hurstville Local Environmental Plan.

The applicant has provided a SEPP 1 Objection in support of the application worded as follows:


Assessment of Submission under SEPP 1

An assessment of this submission under State Environmental Planning Policy No 1 is provided below.

Council is required to undertake an assessment of the SEPP 1 Objection in line with the following requirements which were established in the case of Winten. Each requirement is stated and addressed below.

Comment: Clause 11 (1) of the Hurstville Local Environmental Plan is a development standard. As such, SEPP 1 may apply to the proposed variation.

Comment: No stated objectives are specifically referred to in relation to the required minimum 15m width under Clause 11(1) of the Local Environmental Plan, however it may be reasonably considered that the underlying purpose of this control can be extrapolated from the objectives included in the Local Environmental Plan for Zone 2 - Residential. The underlying purpose of the standard is to preserve the existing established pattern of residential subdivision in the area and allowing a reasonable range of redevelopment and activities within those residential areas.

Comment: The proposal does not hinder the obtainment of the objectives of Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act.

Comment: It is considered that in this case compliance with the standard is unnecessary as the proposed boundary adjustment permits both lots to meet the minimum area requirements and provides sufficient width to permit the existing dwelling houses to have appropriate and complying side boundary setbacks, landscaping and relevant vehicular access. The proposal is also considered to maintain the established pattern of subdivision as evidenced in the immediate vicinity.

Comment: The objection is considered to be well founded. Demonstration of how the objection is well founded is included in the Preston test included below.

Chief Justice Preston, in the judgement in the Wehbe case, sets out a new test (see below).

Comment: The objection is considered to be well founded. The comments provided in relation to the pattern of subdivision in the area and the means by which the objectives of the residential zone 2 under the Local Environmental Plan are responded to is considered to be appropriate. The consideration of how the submission may be considered to be “well founded” is discussed in the Preston test, below.

Comment: As discussed above, the proposal is consistent with the stated aims of the SEPP and does not hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979.

Comment: Non compliance with the development standard does not raise any matter of significance for State or regional planning, as the minimum area and frontage requirements are still retained.

Comment: Non compliance with the development standard does not affect the public benefit of maintaining the planning controls adopted by the environmental planning instrument. It is considered that the underlying purpose of the numerical control is achieved and therefore the robustness of the control is maintained.

Chief Justice Preston 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: It is considered that the proposed development satisfies the stated objectives of the zone. Furthermore the implied underlying purpose of Clause 11 (1) of the Local Environmental Plan can be demonstrably achieved notwithstanding the variation to the numerical control.

Comment: The underlying objective of the standard is relevant. The proposed development satisfies this objective by proposing a boundary adjustment that is consistent with the existing subdivision pattern in the immediate vicinity.

Comment: The underlying purpose of the development standard is achieved therefore compliance with the numerical control would be unnecessary.

Comment: The development standard has not been abandoned by Council. Furthermore it is considered that despite the variation to the required minimum width, the underlying purpose of the minimum allotment width control has been satisfied despite the numerical variation.

Comment: The zoning of the proposal is relevant. Therefore the demonstration of compliance with the underlying objective of the development standard, despite the variation to the numerical standard, is acceptable.

As such the objection pursuant to SEPP 1 is supported.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The site is not within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River 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

No Draft Environmental Planning Instruments Affect the site.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN – LGA WIDE – SECTION 3.2 SUBDIVISION

The proposal will result in the orderly subdivision of land that is compatible with the existing pattern of subdivision and will meet the minimum requirements for the creation of an allotment of land, in line with the aims of this section of Development Control Plan No 1. The boundary allotment will result in both allotments being in excess of 450sqm and 15m in width at the street frontage. The additional variation proposed for 1 MacPherson Street, whereby the site width is only 15m at the allotment frontage is considered to satisfy the aims of Section 3.2 of Development Control Plan No 1 as described above. The proposal also responds appropriately to the objectives for lot size and shape under Section 3.2.2.1 of the Development Control Plan. The objective in relation to lot size and shape is to ‘provide a minimum site area for building and landscaping for specific allotment types’. The application seeks to retain the existing dwelling at 1 MacPherson Street. The proposed boundary adjustment will still achieve the required side boundary setbacks and landscaping required for single dwelling houses. Vehicular access to the site will not be impacted. The site is consistent in size and shape to surrounding sites. As such it is considered that the proposal satisfies the relevant objective for lot size and shape under the Development Control Plan despite the numerical variation to width proposed.

It is noted that the existing corner site already provides a curved boundary to the corner. It is considered that the dedication of a linear splay is not required as part of the subject application. The necessity for the provision of a linear splay may be re-examined in relation to future development on the proposed corner allotment.

In relation to the provision of utilities to the allotment, a condition of consent will be required in order to ensure that the water meters and any other affected utility services are relocated so as to be located on the allotment to which those services relate.

In relation to drainage, it is noted that the corner site has ample opportunity to drain by gravity to the kerb and gutter in Low Street.

Both allotments are of sufficient area to accommodate a dwelling and associated car parking and vehicular access from the street frontage.

Relevant Torrens title subdivision conditions will ensure standard requirements for subdivision are met.

As detailed above the proposal complies in full with the aims and objectives of this section of Development Control Plan No 1 and is to be recommended for approval.

4. Impacts

Natural Environment

The proposal will result in no impact on the natural environment.

Built Environment

The proposal will result in no impact on the built environment.

Social Impact

The proposal will not result in any undue social impact.

Economic Impact

The proposal will not have any impact on the local economy.

Suitability of the Site

The allotment is 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. Three (3) submissions were received within the notification period raising the following issues.

Over development

Two (2) neighbours have indicated that the proposal is an over-development of the site.

Comment: The proposal does not currently seek to develop the site. The current proposal results in no change to what currently exists on site. Any future development would be subject of a separate development application and assessment.

Noise

Three (3) neighbours have indicated that the proposal will result in more noise.

Comment: The proposal does not currently seek to develop the site. The current proposal will not result in any noise increase.

Traffic generation, parking and pedestrian access

Three (3) neighbours have indicated that the proposal will increase traffic generation.

Comment: The proposal does not currently seek to develop the site. The current proposal results in no change to traffic generation in the area.

Overshadowing

Three (3) neighbours have indicated that the proposal will result in more overshadowing.

Comment: The proposal does not currently seek to develop the site. The current proposal will not cause any overshadowing issue.

Privacy

One (1) neighbour has indicated that the proposal will cause privacy issues.

Comment: The proposal does not currently seek to develop the site. The current proposal results in no privacy issues.

Inadequate stormwater drainage

One (1) neighbour has indicated that the proposal has inadequate stormwater drainage.

Comment: The proposal does not currently seek to develop the site. The current proposal results in no change to the existing drainage patterns on the two allotments.

Council Referrals

Manager - Development Advice

Council’s Manager - Development Advice has indicated that the proposal is satisfactory in accordance with Torrens title subdivision conditions and associated fees and the following additional conditions:

1. The new adjusted common boundary should be a minimum distance of 900mm from the existing south eastern wall of the dwelling on 1 Macpherson Street. This scales approximately 1.5m on the submitted plan but this dimension should be shown on any approved plan.

2. The existing water meter that serves 1 MacPherson Street will encroach on the new corner lot after the boundary adjustment. The water meter and any other services shall be relocated prior to the release of the final subdivision plan.

Comment: Recommended condition 1 above will be reworded in any future consent to ensure that the distance between the adjusted boundary and the existing dwelling house is a minimum of 900mm. Condition 2, above, is also to be included in any future consent.


6. CONCLUSION

The application proposes a Torrens Title boundary adjustment between the properties known as 9 Low Street and 1 Macpherson Street, Hurstville.

The proposal results in a variation to the minimum width requirements under Clause 11(1) of the Hurstville Local Environmental Plan 1994. A submission has been lodged in accordance with State Environmental Planning Policy No 1. This submission is supported.

Three (3) submissions were received in relation to the applications. These submissions have been discussed in the report.

The application is recommended for approval.


RECOMMENDATION

THAT the SEPP 1 Objection be supported by Council as the proposal satisfies the objectives of the zone and the underlying intention of the control despite the numerical variation proposed.

FURTHER,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 11/DA-133 for the Torrens title boundary adjustment on Lots 80 and Lot 81 DP 35124 and known as 9 Low Street and 1 MacPherson Street, Hurstville, 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 Number
Plan Date
Description
Prepared By
1/1
20 Apr 11
Boundary Adjustment Plan
Mounzer Mortada
To Obtain a Construction Certificate


3. 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
SUB2
$290.00
29 Apr 11
349335
Notification Fee
$131.00
29 Apr 11
349335
Imaging Fee
AP165
$65.00
29 Apr 11
349335
Subdivision Certificate Fee
SUB1
$200.00
88B Checking Fee
SUB1
$266.00
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
TBA
Construction Certificate Application Fee
CC1
TBA
Imaging Fee
AP165
TBA
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.

4. This is an approval to the principle of the development but no work shall be commenced on the site until you have obtained a CONSTRUCTION CERTIFICATE from the Council or an Accredited Certifier.

It is important that you read all the conditions of the Development Consent, especially those relating to the requirements which must be satisfied prior to the release of the linen plan of subdivision and prior to commencement of any work on the site. The schedule, above, lists those fees, bonds and contributions which have been paid and those which remain payable to Council prior to the release of the linen plan of subdivision.

5. The plans are to also detail suitable provisions for the supply of all relevant services to the proposed lots (proposed position of pipes and conduits) and all services are to be underground.

6. Energy Australia - The applicant shall comply with the requirements of Energy Australia and arrangements shall be made in relation to:

Details of works required by Energy Australia must be submitted with the Construction Certificate application. Where a kiosk-type substation is proposed, it must be located within the site boundary or within the building, subject to compliance with the Building Code of Australia and dedicated for the use of Energy Australia at the applicant’s expense.

7. Gas and Telecommunications – Arrangements shall be made to the satisfaction of all utility authorities in respect to the services supplied by those authorities to the development. The necessity to provide or adjust conduits/services within the road and footway areas is to be at full cost to the applicant.

Before Commencing the Development

8. At least two (2) days written notice must be given of the commencement of engineering works. Such notice must be accompanied by evidence of the contractor’s Public Liability and Works Compensation Insurances.

During the Development

9. All civil works involving the use of power operated plant and machinery that creates noise on or adjacent to the site SHALL NOT BE PERFORMED, or permitted to be performed, except between the hours of 7.00am and 5.00pm Monday to Saturday inclusive, other than Good Friday, Christmas Day and any public holiday.

Subdivision Conditions

10. SU31 - Three (3) copies of the final plan of subdivision prepared by a Registered Surveyor shall be lodged with Council, together with the original administration sheet(s) plus one (1) copy and any relevant 88B instrument plus one (1) copy.

11. SU155 - 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 Section 73 Certificate must be submitted to the Principal Certifying Authority/Council before occupation of the development/release of the plan of subdivision.

12. The existing water meter that serves No.1 Macpherson St will encroach on the new corner lot after the boundary adjustment. This water meter and any other services shall be relocated prior to the release of the final subdivision plan with the consent and conditions of the relative utility service authority. Alternatively an appropriate easement for services shall be created pursuant to Section 88B of the Conveancing Act on the final Subdivision Plan to accommodate any encroaching service.

13. The new adjusted common boundary must be a minimum distance of 900mm from the existing South Eastern wall of the dwelling on 1 Macpherson Street.

14. The following documentary evidence is to be obtained and forwarded to Council prior to the release of the final subdivision plan:

15. SU154 - Any service or drainage line from one lot which passes or will pass through the other lot shall have:

(a) A minimum 1.0m wide easement for stormwater pipes, and
(b) Any service to have a minimum 300mm wide easement.

These easements are to be created pursuant to Section 88B of the Conveyancing Act.

16. SU34 - An application for a Subdivision Certificate shall be lodged for the endorsement and release of the final Subdivision plans from Council after completion of all the abovementioned conditions.

To obtain a Subdivision Certificate, you must complete an application form for a Subdivision Certificate, pay the appropriate fee and submit the form together with any relevant plans and documentation for approval from Council.

Advices to Applicant

17. 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.

18. 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 six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. If your development application was lodged with a consent authority prior to 28 February 2011, that request for a review and decision by Council must be made within twelve (12) months of this Notice of Determination. 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 six (6) months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. If your development application was lodged with a consent authority prior to 28 February 2011, an appeal to the Land and Environment Court must be made within twelve (12) months of this Notice of Determination.

(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.)

19. 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 150mm thick concrete crossing reinforced with F72 fabric to serve the proposed rear lot.
(b) Replace all redundant laybacks with kerb and guttering, and redundant concrete with grass.

Council will provide a quote for this work upon request.

or alternatively:


(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.
(a) Construct a 150mm thick concrete crossing reinforced with F72 fabric.
(b) Replace all redundant laybacks with kerb and guttering, and redundant concrete with grass.

20. A notice will be attached to future Section 149 Certificates indicating that the subdivision has been approved pursuant to the provisions of Council's Local Environmental Plan 1994.

21. Notice in writing of the completion of the building must be provided to Council at least 48 hours prior to a final inspection being undertaken.

22. Would you kindly contact Council's Manager - Development Advice, Mr Peter Green on telephone number 9330 6216 when the above conditions have been completed, so that an inspection may be made prior to release of the signed Subdivision plans.

23. You will be contacted by phone when the survey plans have been signed and are available for collection.

24. If you need more information, please contact Development Assessment Officer Peter Nelson on 9330-6156 during normal office hours.

* * * * *


DECISION - DAC

THAT the SEPP 1 Objection be supported by Council as the proposal satisfies the objectives of the zone and the underlying intention of the control despite the numerical variation proposed.
FURTHER THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC103-11 HUR - 506 KING GEORGES ROAD, BEVERLY HILLS - CHANGE OF USE FROM EXISTING COMMUNITY CENTRE TO OFFICE PREMISES


Applicant

Access Professionals Pty Ltd

Proposal

Change of use from existing community centre to office premises

Zoning

Zone 3(c) - Business Centre

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy No 64 – Advertising and Signage, Development Control Plan No 1 – LGA Wide – Section 3.1 Car Parking, Section 5.8 Advertising and Signage

Hurstville Local Environmental Plan 1994 interpretation of use

Office premises

Owner/s

Hurstville City Council

Existing development

Single storey building with ancillary public toilets

Cost of development

$2,000.00

Reason for referral to Council

Hurstville City Council is the land owner and proposal will result in financial benefit for Council

Report author/s

Planning Ingenuity Pty Ltd - Consultant Town Planners

File No

11/DA-256

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The applicant seeks approval to change the use of an existing community centre building to an office premises with associated signage.

2. The site is located on the corner of King Georges Road and Frederick Avenue. The site adjoins a public car park to the south and a dental surgery to the east. The subject site was previously used as a community centre, owned and operated by the Council. Development on the site consists of a detached single storey building, with ancillary public amenities, and small storage area adjacent to the public car park.

Three (3) mature street trees partially screen the existing building when viewed from King Georges Road.

The main pedestrian access to the building is gained via the existing entry fronting Frederick Avenue. The site has no allocated parking spaces however has good proximity to bus services, which operate on King Georges Road and public parking immediately adjoining the building.

3. The proposal complies with all relevant provisions of Hurstville Local Environmental Plan 1994. The proposal seeks a variation to Development Control Plan No 1 relative to the required parking provision. This variation is discussed in detail in Section 3.1 where it is concluded that the variation is acceptable.

4. The application was not the subject of neighbour notification pursuant to Development Control Plan No 1.


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 change of use from an existing community centre to an office premises with associated signage. The proposal involves two (2) x top hamper signs, one (1) x wall sign, and three (3) x banners to be erected on the western elevation. Signage on the northern elevation is limited to one (1) x wall sign.

The office premises have a floor area of 101.5sqm. It is proposed to occupy the premises with a finance related business consisting of three (3) employees. Physical works are limited to minor non-structural internal alterations.

The proposed hours of use are between 9.00am and 5.00pm Monday to Friday, and 9.00am to 12.00pm on Saturdays. The premises will not be occupied on Sundays or public holidays.

The subject site does not have on-site or allocated parking spaces.


BACKGROUND

The subject site is owned by Council and was previously used as a community centre. The building is currently surplus to Council’s requirements and is being leased as a commercial venture.

The application was not the subject of neighbour notification or referrals to internal referral Officers.


DESCRIPTION OF THE SITE AND LOCALITY

The site is located on the south eastern corner of King Georges Road and Frederick Avenue within the commercial centre of Beverly Hills. The site is known as 506 King Georges Road, Beverly Hills and is legally known as Lots 50, 51, 52 in DP 12807.

The subject site is occupied by a detached building sited adjacent to corner of King Georges Road and Frederick Avenue. Adjoining the site to the north, on the opposite side of Frederick Avenue, is the southern end of a two (2) storey commercial building fronting King Georges Road. The building is occupied on the ground floor by a newsagent and the first floor comprises office space.

The site adjoins a public car park to the south containing eleven (11) parking spaces and a dental surgery to the east. Residential properties are located within Frederick Avenue in close proximity to the subject site, further east.

The detached single storey building adjoins ancillary public amenities and a small storage space adjacent to the public car park to the south. The building has a total floor area of 110.3sqm, however, the lettable office space which is the subject of this application has a floor area of 101.5sqm.

Pedestrian access to the building is gained via the existing entry fronting Frederick Avenue. The site has no allocated parking spaces however, is located adjacent to a public car park with parking limited to 4 hours. Public transport is readily available with bus services operating along King Georges Road, and the Beverly Hills Railway Station being 150m away from the subject site.


COMPLIANCE AND ASSESSMENT

The development site has been inspected and the proposal 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 1994

The proposed use is identified as an office premises and is defined as follows:


The site is located within zone 3(c) - Business Centre under Hurstville Local Environmental Plan 1994 and the use of the subject building as an office premises, with associated advertisement signage, is permissible with development consent. The proposed advertising signage is permissible as it does not fall within the prohibited advertisements identified by Clause 25A(4).

The proposal complies with the objectives of Clause 25A in that the signage is compatible with the activities within the Business Centre Zone and is in keeping with the type of signage displayed within the commercial area of Beverly Hills.

The signage generally complies with the provisions of subclause (3) as the signage is of an appropriate size and design and will not detract from the amenity of the local environment. The signage is of an appropriate scale to the existing building and will not detract from significant local environmental features, subject to compliance with appropriate conditions of consent. Condition 8 requires the proposed sign covering the southern window on the northern part of the western elevation to be redesigned, consistent with the format of the top hamper signs on the western elevation. The condition precludes the banners proposed to be fixed to the railing of the access ramp.

There are no other provisions of Hurstville Local Environmental Plan 1994 that are relevant to the proposed development.

STATE ENVIRONMENTAL PLANNING POLICY NO 64 – ADVERTISING AND SIGNAGE

The objectives of the SEPP are to encourage signage compatible with the desired amenity and visual character of an area, provide effective communication and be of high quality design and finish. Schedule 1 of the SEPP contains assessment of the signage on the character of the area, views and vistas, the streetscape and the building to which it relates.

Clause 8 of the SEPP states that Council must not grant consent unless proposed signage is consistent with the objectives of the SEPP and the assessment criteria in Schedule 1 of the SEPP.

The signage element of the proposal complies with the objectives of SEPP No 64 in that it is generally compatible with the desired amenity and visual character of the area. The signage is considered in accordance with the assessment criteria of Schedule 1 of the SEPP as follows.

Schedule 1 ClauseControlProposalComplies
1. Character of the AreaIs the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?Yes, the proposal represents appropriate signage in the locality subject to Condition 8 and given the significant amount of signage associated with the commercial uses along King Georges Road. Yes
Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?Advertising in the area is varied resulting in no particular theme. The proposal is however the type of signage reasonably expected in the area. Yes
2. Special AreasDoes the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?The signage is not located in an environmentally sensitive areaYes
3. Views and VistasDoes the proposal obscure or compromise important views?No important views are compromisedYes
Does the proposal dominate the skyline and reduce the quality of vistas?No, given the scale of the signage and the fact that it does not protrude above the buildingYes
Does the proposal respect the viewing rights of other advertisers?No obscuring of views of adjoining advertisersYes
4. Streetscape setting or landscapeIs the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?The scale of the wall hung advertisement on the northern elevation is appropriate in light of the existing building and its locality. Additionally the top hamper signs on the western elevation are appropriate within the streetscape, being similar to or smaller than surrounding uses, however, Condition 8 is imposed to ensure the proposed wall sign is appropriately redesigned and the banners are not included in this consent. Yes
Does the proposal contribute to the visual interest of the streetscape, setting or landscape?The signs add to variety and interest in the distinctly commercial area. Yes
Does the proposal reduce clutter by rationalising and simplifying existing advertising?There is no existing advertising. Yes
Does the proposal screen unsightliness?N/AN/A
Does the proposal protrude above buildings, structures or tree canopies in the area or locality?NoYes
Does the proposal require ongoing vegetation management?NoYes
5. Site and BuildingIs the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located? Yes, the signage is compatible with the existing building and the commercial characteristics of the site, subject to the recommended conditions of consent.Yes
Does the proposal respect important features of the site or building, or both?The signage is of an appropriate scale and appearance and generally respects the existing building, however, the sign on the western elevation which obscures the southern window is not acceptable nor are the banners fixed to the hand railings. Condition No. 8 has been included which requires the sign to be appropriately redesigned and precludes the banners from being sited as proposed. Yes
Does the proposal show innovation and imagination in its relationship to the site or building, or both?The signage is modern and appropriateYes
6. Associated devices and logos with advertisements and advertising structuresHave any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?N/AN/A
7. Illumination Would illumination result in unacceptable glare?No illumination proposed.Yes
Would illumination detract from the amenity of any residence or other form of accommodation?No illumination proposedYes
Can the intensity of the illumination be adjusted, if necessary?No illumination proposedYes
Is the illumination subject to a curfew?No illumination proposedYes
8. SafetyWould illumination affect safety for pedestrians, vehicles or aircraft?No illumination proposedYes
Would the proposal reduce the safety for any public road?No, the signage is located within the property boundaryYes
Would the proposal reduce the safety for pedestrians or bicyclists?No, the signage is located within the property boundaryYes
Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?No, the signage is located within the property boundaryYes

2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments applicable to this application.

3. Development Control Plans

The proposal does not involve structural building works and many controls contained within the Development Control Plan to do not apply. Provided in the table below is a response to the requirements contained within Section 3 and Section 5 of Development Control Plan No 1 as they relate to car parking and advertisements.

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

ControlRequirementProposedComplies
3.1.2.1 Table of Parking RequirementsOffice Premises - 1 space per 40sqmNo spaces proposedNo (1)
(1) Parking Requirements


The subject site does not have allocated parking spaces, however, adjoins a public car park to the south. The public car park contains eleven (11) parking spaces, all of which are time limited to 4 hours.

There are many other commercial uses in the area which do not provide on-site parking and public parking is widely relied upon in the commercial centre. The site was previously occupied by a community centre. The Development Control Plan does not specify parking controls for community centres, however, this type of use is more likely to attract higher volumes of people at specific times, as a result of group meetings, community seminars, or the like. The most comparable use prescribed in the Development Control Plan parking controls would be an entertainment facility, where the Development Control Plan definition includes public halls. The number of parking spaces required in this instance would have been one (1) space per 10sqm, thus resulting in a requirement of eleven (11) parking spaces.

The proposed use is classified as an office premises where parking is required at a rate of one (1) space per 40sqm of gross floor area, thus requiring three (3) parking spaces on site. The office premises is likely to have regular but less intense patronage in comparison with the previous use. In this respect, the adjoining 4 hour public parking area would sufficiently accommodate the demand generated by the proposal. Therefore the proposal involves a shortfall of three (3) on-site parking spaces which can be sufficiently met by the existing public parking and street parking in the commercial centre.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.8 ADVERTISING AND SIGNAGE

ControlRequirementProposed
Complies
5.8.1.3 Wall Signs - as proposed on the northern elevation and including the wall sign covering the existing window on the western elevation. Requires Council approval.
Must comply with all of the following controls:

1. Only one sign per building elevation

2. Not to project above or beyond the wall to which it is attached

3. Not to extend over a window or other opening, or architectural feature





4. Not to be located on a building wall if there is an existing building or business identification sign on the building elevation.

5. Size, shape and location determined by facade grid analysis.






6. Painted wall signs to be painted at least once every three years, or at the Council’s discretion.

7. Sign must not have an area greater than:

* 20% for elevations of < 100sqm.
One sign on northern and western elevation.

Wall signs do not project above or beyond the wall.

The wall sign on the northern elevation is clear of any window openings. A condition is imposed requiring the wall sign on the western elevation to be redesigned.

No existing signage.





The sign location of the northern elevation complies with façade grid analysis and subject to Condition 8, the wall sign on the western elevation is to be redesigned to comply.

No painted wall signs proposed.



The wall sign relative to the northern elevation is 1.7m and occupies a 43sqm façade. This is considerably less than the maximum 20%.
Yes


Yes



Yes







Yes





Yes








Yes




Yes
5.8.1.3 Advertising Signage - Top Hamper Signs - including the two signs proposed on the western elevation located above the windows. Council approval is required, and a merit based assessment will be conducted in accordance with this DCP.The top hamper signs are considered satisfactory on merit grounds as they comply with the design and siting requirements of Clause 5.8.2 of the DCP as considered within this table.
Yes
5.8.2.1- Additional ControlsMust be permissible in the zoneAdvertisements are permissible in the 3(c) Business Centre Zone
Yes
5.8.2.1 (2) Context and Siting of Sign(a) The proposed advertising sign does not have any negative impacts on any views, vistas or skylines.

(b) The proposed advertising sign is appropriate to the streetscape, setting or landscape, and not dominating in terms of its scale, proportion and form.

(c) The size, height, shapes and colour of the proposed advertising sign is compatible with the site and its locality, and any buildings on which the advertising is situated. Advertising signs should not be the dominant visual element on a building.

(d) The cumulative impacts of multiple advertising signs in the vicinity, and the number of existing signs on the premises will be considered. Council may place limits on the maximum number of advertising signs allowed on any building or site.
The proposal does not impact on views, vistas, or skylines.


The proposed signage is appropriate to the streetscape and is of a form reasonably expected in a commercial centre.


The existing building is modest in appearance, however, the proposed signage is not considered to be the dominant visual element of the building subject to compliance with Condition 8.

Signage on the subject building is similar to that found throughout the commercial centre of Beverly Hills. The proposal is acceptable and will not result in any cumulative impacts.
Yes




Yes







Yes










Yes
5.8.2.1(3)General Appearance, context and Maintenance (a) Council discourages signs prone to deterioration and may request removal of redundant, unsafe, unsightly or objectionable signage.

(b) Council may require provision for maintenance of signage and discourages signage on common boundaries where maintenance difficulties could occur.
The proposed signage will be of an acceptable quality. Condition 38 ensure appropriate maintenance.

The signs are located in an area where they could be easily maintained. Condition 38 will ensure appropriate maintenance.
Yes






Yes
5.8.2.1(4) Traffic and Pedestrian Safety (a)The proposed advertising, whether illuminated or not, must not impact adversely on the safety for pedestrians, cyclists and on any public road.

(b) Advertising signs must be securely fastened to the structure or building to which it is attached, and must comply with all relevant Australian Standards and Building Code of Australia requirements.

(d) Advertising signs must not be liable to interpretation as an official traffic sign or to be confused with instructions given by traffic signals or other devices, or block the view of traffic signals or signs.

(e) Signs facing roads with high traffic volumes, traffic lights or major intersections may be referred to the Roads and Traffic Authority (RTA) for comment.
The signs will be fixed to the wall of the building and will not have adverse safety implications.



A condition of consent will ensure compliance with the BCA.





The proposed signage is appropriate in this respect.




Given the design and nature of the signs, this is not necessary.
Yes







Yes






Yes









N/A

The proposal involves one (1) wall sign to be located on the northern elevation. The sign complies with the applicable controls as indicated in the compliance table above and is considered to be acceptable in its current form.

The western elevation includes two (2) top hamper signs, one (1) wall sign, and three (3) banners to be located on the railing of the access ramp. The top hamper signs are appropriate in size, location, and appearance and accordingly are acceptable.

The wall sign is proposed to be located over the southern most window on the western façade. This is not permissible in accordance with the controls relating to wall signs and accordingly it is not an acceptable form of signage.

The banners proposed to be fixed to the rail of the access ramp on the western façade are not complementary to the building, will not be made of robust material and are not considered acceptable.

Condition 8 is imposed to require the wall sign covering the window on the western elevation to be redesigned as an appropriate top hamper sign consistent with the other two top hamper signs proposed, and requires that the access ramp rail is kept free of banner signs.

4. Impacts

Natural Environment

The proposed development is for a change of use from a community centre to an office within the existing commercial centre of Beverly Hills. The proposal also involves minor advertising signage.

The minor internal fit-out works, operation of the premises, and the erection of external signage, subject to conditions, will not result in significant environmental impacts. Specifically, there will be no topographical or scenic alteration to the appearance of the land, no impact on the micro climate of the locality, no impact on flora or fauna in the area.

The use of the buildings as an office premises will result in the hours of activity at the site being that typically expected in the area. The commercial centre currently attracts high volumes of pedestrian and vehicular activity to the area and the proposed change of use will have only positive impacts on neighbouring properties.

The proposal does not involve any construction works which would give rise to silt laden stormwater runoff from the site during the initial minor works, or occupation of the premises.

Economic and Social Impacts

In economic terms, the proposal will ensure that the existing building, formerly occupied by a community centre and currently vacant, will be used as an office contributing to business activity within the commercial centre of Beverly Hills.

There are no adverse social impacts associated with the proposal which involves occupation of a currently vacant premises.

Suitability of the Site

The proposed change of use to enable the subject building to be used as an office premises is considered entirely suitable for the site which is located in the heart of the Beverly Hills commercial centre. The proposed signage, subject to compliance with conditions, is in keeping with the context of the area and is accordingly suitable.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

The application was not the subject of neighbour notification or referrals within Council.


6. CONCLUSION

The proposed development has been assessed in light of Section 79C of the Environmental Planning and Assessment Act, 1979 and Council’s planning instruments.

The proposed use is permissible with consent under the provisions of Hurstville Local Environmental Plan 1994, is consistent with the objectives of the Business Centre zone and does not conflict with any development standards or Council planning policies. Accordingly, in the circumstances of the case, the proposal is considered to be in the public interest and worthy of Council’s support.


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 11/DA-256 for change of use from the existing community facility building to an office premises including associated signage at the land known as Lots 50, 51, 52 in DP 12807 and known as 506 King Georges Road, Beverly Hills, 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. 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. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:7. 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.8. 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.9. 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.10. 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.11. 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.12. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until: 13. BC1 - Construction Certificate - No work shall commence until you:14. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:15. 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.16. 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.17. 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.18. PW2 - 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. 19. 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:20. 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.

21. 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.22. 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.23. 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.24. 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.25. 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.26. 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.27. 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. 28. 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.29. 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:30. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.31. The approved use being conducted only between the hours of 9.00am and 5.00pm, Monday to Friday and 9.00am to 12.00pm Saturday. No work is permitted to be performed on Sunday and Public Holidays.32. The approved use may operate with a maximum of three (3) staff in the employ of the business at any one time.33. MI7 - The shop number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.

34. 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.

35. 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.
36. ZC10 - The building exterior and associated signage is to be appropriately 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.37. ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.
38. 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.39. If you are not satisfied with this determination, you may:40. 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.

41. 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.

42. AD13 - A separate application must be lodged and approved under Section 68 of the Local Government Act 1993 for the erection of any A-Frames or signage boards proposed to be erected on Council's footway.43. If you need more information, please contact Team Leader Development Assessment Laura Locke on 9330-6166 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 C Wong)





APPENDIX

Company extract - applicant - 506 King Georges Road Beverly Hills.pdf
Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC104-11 PK - 6 LILLIAN ROAD, RIVERWOOD - DEMOLITION OF EXISTING STRUCTURES AND PROPOSED AFFORDABLE RENTAL HOUSING CONSISTING OF BASEMENT CAR PARKING, RESIDENTIAL FLAT BUILDING FOR TEN UNITS AND STRATA SUBDIVISION


Applicant

Chanine Design Pty Ltd

Proposal

Demolition of existing structures and proposed affordable rental housing consisting of basement car parking, residential flat building for ten units and strata subdivision

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy No 6 – Number of Storeys, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy (Infrastructure) 2007, 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 3.2 Subdivision, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environmental Plan 1994 interpretation of use

Residential flat building

Owner/s

Ms Zhuo Liu

Existing development

Single storey dwelling

Cost of development

$1,500,000.00

Reason for referral to Council

Infill affordable housing rental housing, non compliance with appropriate SEPPs, LEP and DCPs and fourteen submissions received

Report author/s

Senior Development Assessment Officer, Mr I Karaman

File No

11/DA-90:2

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for demolition of existing structures and proposed affordable rental housing consisting of basement car parking, residential flat building for ten (10) units and strata subdivision.

2. The application was originally lodged as a multiple dwellings development, prior to Council’s advice to the applicant that the second level of the proposal was considered to be a storey under State Environmental Planning Policy No 6 – Number of Storeys and hence the building form is defined as a residential flat building. Additional information as required to address the design requirements for a residential flat building under State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings was subsequently submitted by the applicant for the application.

3. The assessment details the proposal has failed to adequately satisfy the requirement to demonstrate the proposed design of the development is compatible with the character of the local area as required under the State Environmental Planning Policy (Affordable Rental Housing) 2009. Further the application has failed to adequately address local context in terms of building height, building separation, side setbacks, floor space ratio, communal open space and deep soil zone under State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings and is inconsistent with the relevant zone objectives for zone 2 - Residential under the Hurstville Local Environmental Plan 1994 and fails to provide sufficient information related to the provision of services on site and a geotechnical report for excavation of the site as addressed in the report and hence cannot be supported.

4. The assessment further details the proposed design is poorly designed in terms of Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design and is incompatible with the local character as prescribed in Council’s Development Control Plan No 1 for Area B regarding its built form as a residential flat building, where the maximum density and residential development type permitted is in the form of multiple dwellings on sites only that can satisfy the requirements in terms of size. Accordingly the proposed setbacks, building envelope, number of storeys, landscaping and height do not comply with the requirements in building form as prescribed for Area B in Development Control Plan No.1.

5. The proposal was publicly exhibited in accordance with statutory requirements and received fourteen (14) submissions against the proposal, which are discussed in the report.

6. A “deemed refusal” appeal has been lodged in the Land and Environment Court with call-over set for 9 September 2011.


AUTHOR RECOMMENDATION

THAT the application be refused in accordance with the reasons stated in the report.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval of the demolition of existing structures for proposed affordable rental housing comprised of a residential flat building with ten (10) units with basement car park and strata subdivision.

The proposed built form is of three (3) storeys in height with a mansard type roof form, with the exception of the indented centre, which is flat roofed. The building is elongated in form, which extends towards the rear of the site. The proposed number of ground floor units total four (4) with the remaining six (6) units being two (2) storeys and occupy the upper levels 1 and 2.

The development will comprise specifically of the following:

Basement 1 Car park for ten (10) vehicles spaces with single entry and exit ramp, internal stairwell and separate waste storage area.

Ground Floor Side entrance to common lobby entry to three (3) x two (2) bedroom units and one (1) x one (1) bedroom unit, all adaptable units with ground floor courtyards and a separate stairwell for upper units and a separate stairwell for access to basement below. Communal open space area to rear only with landscaping in the form of planter boxes to a height of 1.6m proposed in front of the building at the street frontage.

Level 1 Six (6) units and their living and dining rooms components, primary balcony and internal stairs from individual units to upper level above, common lobby area plus single stairwell.

Level 2 Stairwell access to bedroom components of units below comprised of two (2) bedrooms, one (1) en-suite with no balconies.


BACKGROUND

A time line summary of the current development application 11/DA-90 is provided below.

25 Mar 11 Development application lodged for demolition of existing and construction of ten (10) multiple dwellings with basement parking and strata subdivision as Affordable Housing.

29 Mar 11 Applicant advised the proposal is defined as a residential flat building being three (3) storeys in form and comprises of more than four (4) self contained dwellings requiring compliance with State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings.

25 May 11 Applicant submitted documentation for compliance with State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings and application is ready to be notified.

27 May 11 Commencement notification period until 10 June 2011.

31 May 11 Additional information provided by applicant regarding (registered social housing provider) agreement with Ecclesia Housing (previously known as Churches Community Housing Pty Ltd).

2 Jun 11 Application presented to Southern Sydney Group Councils’ Urban Design Review Panel.

7 Jun 11 Applicant advised additional information required in regard to new local character test in accordance with new requirement State Environmental Planning Policy (Affordable Rental Housing) 2009.

30 Jun 11 Applicant advised of Southern Sydney Group Councils’ Urban Design Review Panel (DRP) comments received.

22 Jul 11 Amended plans received proposing changes in response to Urban Design Review Panel comments.

28 Jul 11 Applicant’s lodgement Appeal to the Land and Environment Court of New South Wales (10586 of 2011) as ‘deemed refusal’.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot 5 in DP 251418 and is known as 6 Lillian Road Riverwood. Located on the northern side, the site is orientated north to south and is near rectangular with a splayed frontage of 15.565m to Lillian Road. It extends to the rear on the western side boundary of 56.685m in length and to its eastern side boundary of 53.365m; the rear boundary is 15.24m wide. The site occupies a total area of 839.1sqm. The fall of the land is marginal from front to rear.

A single storey older style dwelling with a detached outbuilding is located on the site. Several trees are located within the site with one (1) large mature tree near the centre. A sewer pipeline traverses the site below ground approximately 14.5m to 12m from the rear boundary as indicated on Council’s records.

The site is adjoined to the west at 8 Lillian Road by the driveway of the neighbouring property with a single storey dwelling and swimming pool and an outbuilding to its rear. Adjoining the boundary to the east is 4 Lillian Road, a two (2) storey dwelling with outbuildings to its rear. At the rear of the subject property on the northern boundary is a single storey building used as a child-care facility. On the opposite and southern side of the Lillian Road is the rail corridor.

The subject site is located within Development Area B as identified in Council’s Development Control Plan No 1 as being a low density area with single dwellings, dual occupancies and attached dwellings permitted as multiple dwellings, with two (2) storeys only at the frontage and single storey to the rear.

The local area surrounding the site is characterised by mainly single dwellings being one (1) storey in height with some presence of two (2) storey single dwellings. The topography of the residential area is generally flat and this particular pocket of residential housing is dissected by the rail corridor to the south and further to the north and west by the coastal wetlands of Riverwood Park and Georges River. The town centre of Riverwood is located approximately 600m in walking distance from the site. Dual occupancies and multiple dwellings are observed to be very limited in number within the immediate residential area surrounding the site with the subdivision pattern reflecting long narrow allotments orientated north to south. There are no residential flat buildings in the immediate vicinity as their development type are restricted to Area D in the Zone 2 - Residential , located directly behind larger allotments adjoining the Zone 3(c) - General Business Centre within the Riverwood town centre.


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 1994

The land is zoned 2 – Residential under the provisions of the Hurstville Local Environmental Plan 1994 and the proposed use as a “Residential Flat Building” is permissible in the zone, provided the relevant objectives (a) and (e) are satisfied as stated below.


The proposed residential flat building of three (3) storeys in height and its site coverage is considered to be out of character and in contrast to the established local residential area. The local character of the established residential area is consistent in building form as prescribed in Development Control Plan No 1 for Area B as being observed to be predominantly single dwellings with single to two (2) storeys at the frontage with few multiple dwellings existing on only the larger allotments.

The proposal does not preserve and enhance the character and amenity of the established residential area, which is low density in scale, as it seeks a built form of a residential flat building being three (3) storeys in height across the site as compared to the prescribed maximum building form of multiple dwellings development within Development Area B.

Note, the rear of the site is described within Development Control Plan No 1 – LGA Wide as “the rear of the site can be defined by a line drawn from the rear of the adjoining dwellings which front the street. Where there may be two adjoining dwellings with different alignment, the line may be drawn on the mean of the two alignments”.

The proposal seeks a built form of a residential flat building, which are prescribed only within Development Area D under Development Control Plan No 1, on allotments with frontage of a minimum of 24m. The proposal results in an undesirable built form, which does not form part of the existing or desired character of the area that is considered to be relatively low density in built form. The proposal dominates a three (3) storey facade along the coverage of the site with very minimal setback from boundaries and results in an overdevelopment of the site and is considered to interfere with the visual amenity of surrounding residential area.

Clause 14 – Tree Preservation Orders

The application proposes the removal of seven (7) trees located within the site. Council’s Tree Management Officer has assessed the importance of the trees to be removed and has no objection to their removal, including an arborist report be submitted for the removal of one (1) Cedrus deodora tree on the site, which has been submitted by the applicant.

The proposed landscape plan will incorporate a minimum of thirty seven (37) trees up to a height of 3m on the site, particularly along the rear and western boundaries to be integrated with the overall proposed landscaping and building design on the site. Accordingly, the proposal is considered to be satisfactory in respect to Clause 14 of the Local Environmental Plan as the proposed re-establishment of trees on the site will assist in the improvement of soil stability on the site and its vegetation systems.

Clause 15 - Services

This clause relates to adequate facilities for the supply of water and for the removal and disposal of sewage to be available to the land. Proposed drainage for stormwater disposal relies on an easement to be obtained from the rear adjoining neighbouring property. Consent from the owners has not been obtained for the drainage easement and a development application would also be required for any drainage works within the easement. The acquisition of the drainage easement and development consent for the associated drainage works would be subject to deferred commencement consent should consent be granted for the development.

The subject site will be required to be excavated extensively to provide for the proposed basement level 2.6 to 3 metres below ground level. A sewer main is located towards the rear of the site and will be affected by the location of the proposed basement. Sydney Water has advised it requires additional information on the basement design to determine whether the proposal will impact its sewer line. The applicant has not provided the required information as such and Council cannot be satisfied that all necessary services can be provided on site with the proposal and accordingly the proposal cannot be supported.

Clause 22 - Excavation, Filling of Land

A geotechnical report has not been provided for the excavation of the basement and any proposed works required for the relocation of the sewer main to ensure minimal disruption to the existing drainage patterns and soil stability in the vicinity. In this regard, the applicant requires additional information to adequately satisfy this clause.

STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009

The proposed works have been assessed under the relevant provisions under the SEPP as illustrated in the table below.

SEPP (Affordable Rental Housing (2009) Division 1 In Fill Affordable HousingControlProposedComplies
Clause 10
1 Zoning
Within residential zoneZone 2 - Residential Yes
2 Location(a) Within 800m walking distance of a railway station or,
(b) 400m walking distance of a light rail station or
(c) bus stop with a regular service
Site is approx. 600m walking distance of a railway station Yes
4 Walking DistanceThe shortest distance between 2 points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossingsPedestrian route is appropriateYes
Clause 11
Development to which Division applies
(a) 50% of dual occupancies, multi dwelling housing and residential flat buildings to be used as affordable housing if;

(i) The building is not more than 8.5m high; and

(ii) RFBs not permissible on such land other than for this policy.
50% i.e. 5 x dwellings proposed to be used as affordable housing – five (5) of ten (10) units

8.5m at rear west elevation

RFBs are permissible under LEP and by this policy
Yes




Yes


Yes
Clause 12Development may only be carried out with development consentApplication lodged for consentYes
Clause 14 Standards that cannot be used to refuse development
(1) Low Rise Development
(a) Density and scale if lodged before 30 June 2011 if FSR is not higher than:
(i) the existing maximum FSR permitted on the land or,





(ii) 0.75:1 (629.325sqm)
Note: (i) existing maximum permissible FSR for a dwelling = 0.48.7:1 or 409.23qm or dual occupancy being 0.6:1.

(ii) 0.84.1:1 (705.68sqm)
No (1)
(b) Site area if the site is at least 450sqm739.1.1sqmYes
(c) landscaped area if;
(i) 35sqm is provided per dwelling for development applications made by a social housing provider,
(ii) 30% of the site area is landscaped in any other case.
(i) N/A



(ii) 44.6 % or 375sqm
N/A



Yes
(d) Deep soil zones
(i) 15% of the site can support trees or shrubs,



(ii) The deep soil area has minimum dimensions of 3m,


(iii) if practicable, two-thirds of the deep soil zone is at the rear of the site.
(i) 15.3% provided at primarily rear and front of site and not over basement area.

(ii) Minimum dimensions provided 3m within front setback.

iii) two thirds of deep soil zone is at the rear of site.
Yes




Yes



Yes
(e) Solar access if 70% of living room of dwellings receive 3 hours sunlight between 9am and 3pm in midwinter8 dwellings 80% receive 3 hours solar accessYes
(2) General:
A development authority must not refuse consent to development to which this Division applies on any of the following grounds
(a) Parking if:
(i) for a development application made by a social housing provider 1 space per 5 dwellings is provided
(ii) 0.5 spaces per dwelling is provided in any other case
(b) Dwelling size if each dwelling has at least:
(ii) 50sqm for 1xbd
(iii) 70sqm for 2xbd
N/A



1 space provided per dwelling, total 10


1bd units >50sqm
2bd units >70sqm
N/A



Yes



Yes
Yes
(3) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).Application referred to Council for considerationYes
Clause 15
Design Requirements
(1) A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the ‘Seniors Living Policy: Urban Design Guidelines for Infill Development’ published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.
(2) This clause does not apply to development for the purposes of a residential flat building if State Environmental Planning Policy No 65—Design Quality of Residential Flat Development applies to the development.
N/A













(2) SEPP No 65 does apply to this type of
N/A













Yes

Clause 16 Continued Application of SEPP 65Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.SEPP No 65 does applyYes
Clause 17
Must be used as affordable housing for 10 years
(1) A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:

(a) for 10 years from the date of the issue of the occupation certificate:

(i) the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii) all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

(b) a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

(2) Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.
Relevant conditions will be implemented for any future consent - if supported



Conditioned – if supported


Conditioned – if supported




A letter from Ecclesia Housing (previously known as Churches Community Housing Ltd)


Conditioned – if supported










Privately owned land so restriction as per (b) above will apply.
Yes






Yes



Yes





Yes





Yes
Clause 18
Subdivision
Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.Strata subdivision is proposedYes
Clause 16A Character of local areaConsent authority to take into consideration whether the design of the development is compatible with the character of the local areaProposal is incompatible with character of the local areaNo (2)
(1) Floor Space Ratio


Under Clause 14 (1)(a) standards that cannot be used to refuse Low Rise Development include floor space ratio not higher than 0.75:1. The proposal seeks a floor space ratio of 0.841:1. In this case, that additional floor area contributes significantly to the proposed height and density of the development being inconsistent with the local character of development Area B to which Development Control Plan No 1 would only prescribe a two (2) storey attached dual occupancy development with a maximum of 0.6:1 on the site.

(2) Character of the Local Area

Under Clause 16A of the Policy, which was retrospectively introduced 20 May 2011, the proposal is required to satisfy the consent authority that the design of the development is compatible with the character of the local area.

As previously discussed, the proposed design of the residential flat building is not compatible with the character of the local area, in this case, being development Area B as identified in Council’s Development Control Plan No 1, which provides for low density residential housing. The objectives of Development Area B as per the Development Control Plan No 1 allows medium density development, where size of site permits and provided it is compatible with existing housing scale, character, landscaping and building proportions. The building form for Area B is that of development types from single dwellings, dual occupancies through to villas and townhouses being two (2) storeys at the frontage to appear as large single detached dwellings and single storey to the rear.

The local character of the area predominantly comprises of single detached houses up to two (2) storeys in height at the frontage with multiple dwelling developments few in number, given the allotments are generally long and narrow in the area and few sites are larger enough to accommodate for multiple dwellings.

The expected development of the site under Council’s provisions is a maximum of an attached two (2) storey dual occupancy. The adjoining properties are single dwellings with only one (1) being two (2) storeys in height with site coverage allowing for open space landscaping at the rear of the dwellings and some form of outbuildings. The proposed design is that of a residential flat building being three (3) storeys in height as viewed from all elevations and covers the majority of the site. It is out of proportion with the existing scale of dwellings in the area and leaves minimal coverage for landscaping on the site. The additional site coverage from the rear protrusion of the proposed building creates additional overshadowing to a greater area in the private open space of the adjoining properties, than what would be typical of development in this area. The result is uncharacteristic to this residential area. As such, the site coverage of the development extends considerably to be visually dominating and overbearing to its adjoining properties and their private open space areas.

Accordingly, the proposed design is not compatible with the existing character or desired character of the area and cannot be supported under the policy.

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

Clause 16 of State Environmental Planning Policy (Affordable Rental Housing) 2009 states that State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development continues to apply for all residential flat buildings proposed under the SEPP.

The development application was originally lodged seeking consent for a multiple dwellings development. Prior to Council notification of the development application, the documentation required to accompany a development application for a residential flat building was submitted by the applicant.

The 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 comparisons with the Residential Flat Design Code, where applicable.

StandardObjectiveProvidedComplies
Part 1 – Local Context
Building HeightTo ensure the proposed development responds to the desired scale and character of the street and local area and to allow reasonable daylight access to all development and the public domainThe number of storeys of the proposal is not in keeping with the height controls as prescribed for Development Area B under DCP No 1 Section 4.3 requiring max. 2 storeysNo (1)
Building DepthMax. 18m (glass line to glass line)Max. 14mYes
Building SeparationBuildings to achieve daylight access, if less than RDF Code in setbacks must demonstrate day light access, urban form and privacy achieved satisfactory.

If development is 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.
On level 1, to east and west adjoining dwelling min. 5.5mNo (2)
Side and rear setbacksTo minimise the impact of development on light, air, sun, privacy, views and outlook for neighbouring properties including future buildings and retain existing patterns dependent upon development typeThe proposal 2m will impact on neighbouring sites in terms of additional overshadowing and reduced outlook.

Rear setback complies.
No (3)






Yes
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 Code
Exceeds overall site max. FSR 0.6:1 with proposed FSR 0.84:1No (4)
Part 2 – Site Design
Deep Soil ZonesA minimum of 25% (209.77sqm) 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 out. Basement is excavated and 15.3% provided.No (5)
Open SpaceCommunal open space should be generally between 25-30% of the site area (209.77sqm – 25%) 9% Communal area providedNo (6)
Pedestrian AccessBarrier free access to 20% of units 40% adaptable units remaining via stairsYes
Vehicle AccessLimit width of driveways to 6 metres and locate vehicle entries on the secondary frontage3.2m driveway width to basement, requires traffic signal/control in basementYes
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
1br : 50sqm
2br : 70sqm
Single aspect units limited to 8m depth from window.

Max. 7m from direct window living area.



1br = min. 53sqm
2br = min.70sqm
Yes



Yes




Yes
Apartment MixTo provide a diversity of apartment types, which cater for different household requirements now and in the futureThe proposal incorporates 1 x 1br + 9 x 2br, which provide an apartment mixYes
BalconiesPrimary balconies to be a minimum of 2 metres in depth.All units have primary balcony with min. 2m in depthYes
Ceiling Heights2.7 metres for residential levels.





A ceiling height of 2.4m is permitted for 50% of two storey units.
Ground Floor residential
min. 2.8m

First Floor residential min. 2.8m

Second Floor, min. 2.4m
Yes



Yes


Yes
Internal CirculationMaximum of 8 units to be accessible from a double loaded corridorMax. 6 units accessible from common corridor level Yes
StorageTo provide adequate storage for every day household items within easy access of the apartment
1br : 6cub.m
2br : 8cub.m
Provided in
1 br units
Yes
Daylight AccessMin 70% of units receive min 3 hrs of solar access


Max 10% units southerly aspect
Total – 8 units 80% receive direct solar access

1 unit only single southerly aspect
Yes



Yes
Natural Ventilation60% of residential units should be naturally cross ventilated.

25% of kitchens should have access to natural ventilation.
9 units (90%) are naturally cross ventilated.

9 unit’s (90%) kitchens have natural 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 at side of building
Yes

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


(1) Building Height

The Residential Flat Building Design Code recommends that the development be in keeping with the local height controls. Under Council’s Development Control Plan No 1 in Section 4.3 for multiple dwellings as prescribed in the character of Area B, requires buildings to have no more than two (2) storeys at the frontage and no more than 9m in height, whilst the single storey at the rear be no more than 6m in height. The proposal is under the height requirement being 8.3m at the frontage, however, is three (3) storeys to the street frontage and its rear portion is 8.5m in height and three (3) storeys throughout the side elevations. The number of storeys is considered to be out of character with existing and desired built form for Development Area B.

(2) Building Separation

Building separation of a minimum of 12m is recommended between neighbouring buildings and their rooms under the Residential Flat Building Design Code. Unit 5 on the western side only provides 5.5m to the window of the adjoining dwelling at 4 Lillian Road, while on the eastern side Unit 7 provides only 5.5m from the balcony to the window of the neighbouring dwelling at 8 Lillian Road. Despite adequate solar access being provided and such design measures for windows to be offset and opaque with privacy screens and planter boxes proposed on balconies, the proposed building form of three (3) storeys does not provide adequate building separation from the neighbouring single dwellings along the common side boundaries of the site. This lack of building separation combined with the proposed site coverage and three (3) storey height of the building further accentuates the scale of the development as being un-proportional to the site as compared with neighbouring properties. As a consequence, it is considered the neighbouring single dwellings will be adversely affected visually by the proposal with a significant reduction in their outlook from the scale of the development.

(3) Side Setbacks

The Residential Flat Building Design Code recommends that the proposed setbacks ensure that the building height and distance of the building from its boundaries maintain the amenity of neighbouring sites and within the new development.

The proposal along the side boundaries only provides 2m in side setback at the eastern boundary to the adjoining two (2) storey single dwelling and only provides 1.5m in side setback at the western boundary to the adjoining single storey dwelling.

The proposal does not satisfy the objectives regarding maintaining the amenity to neighbours as the proposed side setbacks are considered to be inadequate for the development type being a three (3) storey residential flat building and is unsuitable on a narrow site only having an allotment width of 15.24m across the site. The proposed three (3) storeys height residential flat building with its elongated built form and comparably large footprint extends over the site and results in a significant reduction in outlook from the adjoining dwellings. Further, it creates additional overshadowing to a greater area in the private open space area of the adjoining properties than would be typical in the case of a two (2) storey duel occupancy on the site. These adverse impacts as a result of the proposed built form of the development are considered to be significant and will directly impact on the amenity of the neighbouring sites.

(4) Floor Space Ratio

The Residential Flat Design Code recommends that the development should be in keeping with the optimum capacity of the site and the local area. As previously stated, the maximum allowed for a development to not be refused under the SEPP (Affordable Rental Housing) of 0.75:1 is exceeded on the site being 0.84:1, The optimum capacity of the site, in accordance with Council’s controls is 0.6:1 in floor space ratio, which may be achieved for a two (2) storey attached dual occupancy development. The proposed floor space ratio is well above for this site and in this case, the additional floor area adds to the height and overall density of the proposed building. This results in overdevelopment of the site and is considered to be incompatible with the local context of existing and desired residential development in the area.

(5) Deep Soil Zones

Deep soil zone of 15.3% is proposed on the site as minimally required for the SEPP (Affordable Rental Housing), however, 25% is required under the Residential Flat Design Code. The proposal is considered unable to provide for a greater amount due to the proposed large foot print of the building and its basement car park, which extends from the frontage of the site for the driveway through to and beyond the rear courtyards of the development. As a result, the proposal lacks an adequate deep soil zone for a residential flat building on the site to encourage a stable and healthy soil for the growth of mature trees and to maintain a sufficient watertable. The provision of this deep soil zone would also create a visual and physical buffer between any development and the adjoining sites. What has been provided is considered insufficient given the character of the immediate area. Further, the development is an overdevelopment of the site and is not in keeping with the character of the Development Area B, which requires a minimal of 40% deep soil for multiple dwellings on the site as prescribed under Development Control Plan No 1.

(6) Open Space

Under the Residential Flat Design Code, 25% of the site area is to be allocated to communal open space, which would require 209.7sqm in site area. The proposal only provides 76sqm in communal open space being 9% for ten (10) units, located at the very rear of the property.

The communal open space area is not considered to be adequate in terms of its proposed size to be shared by a total of ten (10) units given the area would not be able to cater for all units at the same time and for alternative uses. Further, the proposed area is not conducive to be used by residents given its location is isolated at the very rear of the building.

One (1) barbecue and play equipment are proposed, however, no seating is provided and with no cover proposed for protection from any weather elements. Overall, the proposed communal open space is considered to be very restricted in size and is poorly positioned and inadequate in design with regards to the amenity of any future occupants.

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING AND 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 (INFRASTRUCTURE) 2007

The State Environmental Planning Policy (Infrastructure) 2007 applies to the site, given the development site is immediately adjacent to rail corridors. Accordingly consideration under RailCorp was sought for the development.

RailCorp raised no objections to the proposal, provided that acoustic requirements be satisfied and an electrolysis risk analysis be provided for the design of the building, prior to issue of a Construction Certificate.

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. In this regard, the proposed works are considered to adequately satisfy this policy.

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 subject to conditions of consent granted for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

There are no relevant draft Environmental Planning Instruments which are applicable to the development.

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 where the SEPP does not override.

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

The proposed development adequately satisfies the requirements of Section 3.1 as follows.

Section 3.1StandardProposalComplies
Residential: 1 car space per 1 – 2 bedrooms, 2 car spaces per 3 bedrooms or more10 car spaces provided10 car spaces providedYes
As previously discussed within the report, adequate number of car parking spaces have been provided as required with the SEPP (Affordable Rental Housing) 2009.


Visitor Parking

Three (3) visitor car space (one (1) per four (4) dwellings) and one washing bay are required under this subsection. The applicant has not provided a visitor car space/washing bay. Under the SEPP (Affordable Rental Housing) 2009, the proposal meets the required amount of parking and has as surplus of five spaces dedicated to the remaining five (5) units. Parking cannot be used as a reason for refusal. Further, the surplus in car spaces could be used for visitors, however, in this case, it is considered more appropriate that they be allocated to the individual units so that each unit has one (1) car space.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.2 SUBDIVISION

The proposed works have sought strata subdivision as part of the development application. The proposed works adequately satisfy the requirements and was referred to Council’s Manager - Development Advice for comment. The proposed subdivision can be supported subject to conditions, if approved.

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

These development guidelines require 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 to be provided in the development. The proposal provides a total of four (4) adaptable dwellings on the ground floor and satisfies the provision.

Residential

One (1) space per twenty (20) spaces or part thereof to be provided. The proposal requires only one (1) accessible space, which is provided in the proposal. The proposed car spaces are in the basement with access only via stairs. The provision of a lift or equivalent would provide better amenity to occupants of the adaptable units. The proposal without adequate access via the basement may result in the adaptable dwellings being not suitable to the disabled and this is considered to be inappropriate and unsupportable.

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

The proposed development compliance with the requirements of Section 3.4 is illustrated as follows.

Design requirementsProposalComplies
FencingFront max 1m, unless open type1.2m fencing proposed and retaining walls with planter boxes at a max. height of 1.6m behind the fence.

Can be conditioned to comply with max.1m height, if supported.
Yes (1)
Blind cornersDirect pathways with permeable barriers
Mirrors around corners
Glass/steel panels in stairwells
Blind corners generally avoidedYes
Communal/
public areas
Habitable rooms adjacent to communal areas
Good visibility to stairwells, entries, elevators
Ground floor views face on to street but restricted.No (2)
EntrancesMax one entry point per 6-8 dwellings
User can see into building before entering

Entrance clearly recognisable
Entry point not visible from the streetNo (3)
Site and building layoutMain entrance orientated towards street, and not from rear lanes

Habitable rooms at front of dwelling
- Entrance from side

- Habitable rooms at front.
No (4)


Yes
LandscapingLow hedges and shrubs or high canopied vegetation
No continuous barrier of dense growth
Ground cover or 2m clean trunks around children’s play areas, car parks and pedestrian pathways
Prickly plants used as barriers
Avoid vegetation that conceals building entrances
Large trees next to second storey windows or balconies
Planter boxes at street frontage restrict viewsNo (5)
LightingUse of diffused and/or movement sensitive lights
Access/egress routes illuminated
No glare or dark shadows produced
No lighting spillage onto neighbouring properties
Users can identify a face 15 metres away
Use of energy efficient lamps/fittings/switches
Can be conditioned, if supportedYes
Building identificationEach individual dwelling numbered
Unit numbers provided on each level
Building entries state unit numbers accessed from that entry
Can be conditioned, if supportedYes
SecurityIntercom, code or cark locks for building and car park entries
Door and window locks comply with AS 220
Security access to basement parking via main building
External storage areas well secured and lit
Can be conditioned, if supportedYes
MaintenanceProvision for the speedy removal of graffiti and repair/cleaning of damaged property
Provision of information advising where to go for help and how to report maintenance or vandalism
Can be conditioned, if supportedYes
(1) Fencing, (2) Communal/Public Area, (3) Entrances, (4) Site and building layout, and (5) Landscaping


The proposed design of the units at the street frontage is restricted in passive surveillance to primarily units 5 and 6 only on level 1. There are no views available from unit 1 on the ground floor at the street frontage, which is located below street level due to the fall of the site and level 2 comprises of bedrooms only with dormer type windows. A further restriction to passive surveillance is the front fence at 1.2m and behind this the high retaining walls proposed at a height of 1.6m in front of Unit 1, which further screen any outlook from its living areas to the street frontage.

The entrance to the building is located at the side of the building and is designed as recessed from the pedestrian path and cannot be seen from the pathway or the street. The distance of the entry from the street frontage is located nearly 20m away and accessed only via the narrow pathway. The design of the building at the street frontage can be improved greatly with an alternative design and layout, which allows for a more visible entry to the building from the street frontage rather than halfway down the site and via the side of the building. Further, the front fence be reduced to 1m maximum height and retaining walls at the street frontage should be reduced or removed and an alternative courtyard fence, which is designed to be partially transparent would improve and increase passive surveillance opportunities from the living areas of Unit 1 to the street frontage.

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 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The proposed development has been assessed against the applicable provisions under Section 4.3 Multiple Dwellings as per below.

Section 4.3Required Proposed Complies
Residential Density
(site area/unit)
315sqm per dwelling
Max. capacity is 2.67 dwellings being only 2 dwellings
10 x dwellings proposedNo (1)
Landscaped Open Space

Impervious surfaces


Deep soil planting
50%


Maximum 20% impervious surfaces

40% deep soil planting area
44 %


30.8% impervious surfaces


15.3% deep soil planting areas
No (2)


No (3)


No (4)
Front Site Height Maximum9m8.3mYes
Rear Site Height Maximum6m8.5mNo (5)
Front Site Storeys Maximum2 storeys3 storeysNo (6)
Rear Site Storeys Maximum1 storey3 storeys No (7)
Attached Dwellings
- Minimum Private
Open Space

* 3 bedroom and less than
Yes


50sqm
Each dwelling complies


Private open space varies between 10sqm – 50sqm for the dwellings
Yes


No (8)
Minimum Dimensions of Principal Private Open Space
* Less than 3 bedroom
5m x 5m and minimum dimension of any side is 3mGround floor dwellings with courtyards provide min. 3m dimension, 2 units under min. area principal private open space dimensions being:
Unit 1= 4m x 7.5m;
Unit 2= 3m x 5m;
Unit 3 = 3.3m x 6m;
Units 4 = 3.3m x 7.5m
No (9)
Front Boundary SetbacksMinimum 4.5m8m ground floor
5.5m first floor
Yes
Rear Boundary SetbacksBuilding envelope with plane projected at 45 degrees from a height of 1.5m above natural ground level at the rear boundaryCompliesYes
Minimum Side Boundary Setbacks

* Front Site – 2 storey



* Rear Site – 1 storey
2m or 1.35m with 45 degrees building plane at 3.5m above boundary

1.35m or building envelope at 45 degrees building plane at 1.5m above boundary,
whichever is greater
2m (east), 1.5m (west)
Building envelope encroached for additional 1 storey

Building envelope encroached for additional 2 storeys
No (10)
No (10)



No (10)
Roof pitch22 – 35 degrees recommendedPitch of roof variesYes (11)
Driveway widthMust not occupy more than 40% of the frontage where the total site frontage to the street is < 20m.19.6% Yes
Storage6 cubic metres per dwelling.min. 6 cubic metres provided in villas and townhousesYes
Acoustic Privacy3m separation from windows in adjacent dwellings>3m from adjacent dwellings Yes
Solar Design/Energy EfficiencyPrivate open space of adjoining buildings to receive minimum 4hrs sunlight between 9am – 3pm on 22 June.

Adjoining dwellings solar access for cooling and heating to be preserved.
Minimal overshadowing given north to south orientation, POS of adjoining buildings receive minimum 4hrs sunlight between 9am – 3pm on 22 June.

N/A
Yes







N/A
Visual PrivacyWindows 9m separation or
Offset by 1m
Windows offset by 1m from adjacent dwellingsYes
Building form and styleBuildings should have max. straight length of 6m to street frontageMax. straight length of 6m providedYes
(1) Residential Density


As previously discussed, the proposal has been lodged under the provisions under State Environmental Planning Policy (Affordable Rental Housing) 2009, which has been addressed earlier within the report regarding its inconsistent building form and density to the local character of Area B. In terms of the area and capacity of the site; the site may only accommodate a maximum of two (2) dwellings in the form of a dual occupancy in Area B under Council’s Development Control Plan No 1. Accordingly the proposed number of ten (10) dwellings on the site, significantly exceeds the number of dwellings typical of such a site in Development Area B and creates a development which is out of character with the immediate area.

(2), (3), and (4) Landscaping Open Space

The overall landscaping is deficient on the site with regard to Area B, which requires 50% of landscaping on the site and a maximum of 20% of the landscaping to be impervious and a further deep soil requirement of 40% in overall landscaping. The proposal only provides 44% of the site in landscaping and exceeds the maximum impervious amount with 30.8% and only provides 15.3% in deep soil planting areas. Thus, the proposal is considered to be an overdevelopment of the site with regards to the site coverage allocated to the building footprint and is not in keeping with the local character of Area B, where the majority of residential housing have their landscaping in the rear yard.

(5) Rear Site Height, (6) Front Site Storeys, (7) Rear Site Storeys, (10) Side Boundary Setbacks, and (11) Roof Pitch

The proposed design of the roof varies along the side elevations from a flat roof to exceeding the recommended range of 22 and 35 degrees, in an attempt to comply with overall height at the street frontage. However, the proposed design exceeds the storey requirements with an additional non complying habitable level (third level) at the frontage and an additional two (2) storeys at the rear with a non compliant height in excess of 2.5m. The side setbacks further reinforce the required number of storeys with a 45 degree building plane of 3.5m above side boundaries at the front and 1.5m at the rear. However, the three (3) storey facades along the side boundaries fail to comply with the building envelope requirements. This results in the proposal having adverse visual impacts regarding its dominance along the side boundaries from adjoining properties.

(8) and (9) Private Open Space

The proposal provides insufficient amenity to the private open space of dwellings, which all with the exception of Unit 1, are below the minimum 50sqm in required private open space area and do not comply with the standard dimensions of 5m x 5m. There are only four (4) dwellings with courtyards and the remaining six (6) dwellings are restricted to having only one (1) balcony. The proposal is considered to provide poor amenity to the future occupants in terms of an inadequate provision of private open space provided overall in the residential development. Further, the proposal as a residential flat building by not providing courtyards for six (6) of the units is considered to be out of character with the existing and desired residential housing in Development Area B, which comprise mainly of single dwellings, some dual occupancies and few multiple dwellings, all of which have their private open space located predominantly in their rear yard.

4. Impacts

Natural Environment

The proposal will involve extensive excavation of the site for the basement car park and will require the removal of seven (7) trees from the site. Some deep soil area will then be provided at the rear and front of the site. Numerous trees are proposed as part of the landscaping on the site, particularly along the rear and side boundaries.

Built Environment

The proposal for a residential flat building is considered to an overdevelopment of the site and is in contrast to the existing and desired built form of low density housing within Development Area B. The proposal is not compatible with the character of the local area as required under the State Environmental Planning Policy (Affordable Rental Housing) 2009.

The proposal results in significant and numerous variations to requirements in building form as prescribed for Area B regarding controls for side setbacks, building envelope, landscaping, the number of storeys and height controls as discussed in the report. The impacts are considered to be significant and will adversely impact the local character of residential housing due to the excessive bulk and scale of the proposal.

The adverse impacts will be most prominent to the immediate adjoining properties regarding its visual dominance along the side boundaries from adjoining properties and will create a perception of overlooking given the number of windows and balconies along the side elevations. The additional site coverage at the rear protrusion of the proposed building will create additional overshadowing to a greater area in the private open space area of the adjoining properties than would be typical in the case of a dual occupancy or single dwelling. This is uncharacteristic to this residential area.

The development as a residential flat building, if approved would set a precedent inconsistent with the established and desired character of residential housing in the local residential area and would further lead vulnerable, the sizes of existing long and narrow allotments in the local area to increase their built form in density without appropriate site consolidation of smaller allotments of land.

Reference is made to the recent appeal dismissed by the Land and Environment Court in a Class 1 Appeal in Peninsula Developments Australia v Pittwater Council [2011] NSWLEC 1244, which sought development consent for an Infill Affordable Housing Development in Newport. In this case, the Commissioner considered “if the proposal was visually compatible with its context (of the local area)". It was accepted in the matter that the “local area” was principally the visual catchment in which the development was viewed and this comprised predominantly detached one (1) and two (2) storey dwellings situated in a landscape setting. The Commissioner concluded that the proposal failed to adequately satisfy the design principles in SEPP 65 and also failed on the question of compatibility with the local area.

The above case is relevant given the proposed development is Infill Affordable Housing Development being a residential flat building of three (3) storeys in height, which is considered to be incompatible with the local area. The subject local area or visual catchment in which the proposed development is viewed along Lillian Road comprises of primarily single dwellings of one (1) and two (2) storeys in height and the proposal in its built form is uncharacteristic with the existing residential housing in Development Area B and hence fails to adequately address compatibility with the local area as required in State Environmental Planning Policy (Affordable Rental Housing) 2009 as discussed in the report.

Similarly, this proposal has failed to adequately satisfy the design principles in SEPP 65 with regard to the Residential Flat Building Design Code and has failed to implement the recommendations to be made to the built form as advised by the Urban Design Review Panel. As such the proposal in built form is uncharacteristic and unsuitable to the local area and should be refused.

Social and Economic ImpactsThe proposal is likely to generate short-term employment during its construction phase and will add to new local housing stock in the Riverwood with five (5) of the units proposed as affordable rental housing, which can be seen to be a positive social impact.

In terms of crime prevention, the proposed design of the development is considered to be poorly designed in terms of the design principles for Crime Prevention through Environmental Design and can be improved regarding the entry to the building and greater passive surveillance to be provided at the street frontage as previously discussed in the report.

Suitability of the Site

The proposal is reliant on a basement car park for ten (10) vehicles, which will require extensive excavation of the site. As previously discussed, there is an existing sewer pipe that traverses through the rear portion of the basement. Sydney Water has advised there is insufficient information on the proposal based on the submitted plans to date regarding the unknown location of the sewer within the basement and no information submitted on methodology to how the sewer may be supported or protected in relation to construction of the basement. It is considered due to the lack of information as required from Sydney Water Council cannot support the proposal for an underground carpark, which may not be able to satisfy all the necessary design requirements of Sydney Water to protect its asset, the existing sewer pipeline. Accordingly, until all information is provided from the applicant to satisfy the design requirements of Sydney Water, the site is considered to be unsuitable for the development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified in accordance with Development Control Plan No 1 – LGA Wide. In response, fourteen (14) submissions were received. The relevant concerns raised within the submissions relating to the development application are detailed as follows.

Out of character and over development

Viewed to be out of character, and an over development of the site (relating to the bulk and scale, height in relation to size of the land). The three (3) storey height limit and number of the units in the block will impact privacy.

Comment: The proposal is considered to be an overdevelopment of the site in terms of its built form as detailed in the report and is not compatible with the local character with the character of the local area as required under the State Environmental Planning Policy (Affordable Rental Housing) 2009. Despite the privacy measures proposed with opaque designed windows and privacy screens with planter boxes on balconies, the proposal still is intrusive in terms of its height, bulk and site coverage compared to adjoining properties.

Privacy

Loss of privacy from the communal open space and four (4) balconies overlooking our property, which may be addressed in a redesign with screening to and reorientation of the balconies and courtyards.

Comment: The proposal has been amended in design with opaque windows, privacy screens and planter boxes on balconies to minimise overlooking to adjoining properties. Notwithstanding, the proposal given the number of windows and balconies along the side elevations on all levels, the proposed scale and site and site coverage of the development creates a perception of overlooking into adjoining properties as previously stated in the report.

Permissibility and compliance with SEPP (Affordable Rental Housing)

Comment: The proposal as affordable housing is considered permissible under the State Environmental Planning Policy (Affordable Rental Housing) 2009 for infill housing, however, its built form must satisfy the requirements to demonstrate the proposed design of the development is compatible with the character of the local area as already discussed in the report.

Open to vandalism

Comment: The proposal is considered to be that of a poor design in relation to the design principles for Crime Prevention through Environmental Design as discussed in the report.

Easement

Location of easement through the property. A major sewer line is across the property.

Comment: The sewer main is not an easement; however, it is an asset of Sydney Water and requires their permission prior to any relocation or any other alteration to the sewer main.

Adjoining preschool and primary school

Concerns were raised over the proximity of a day care centre and the private Montessori primary school and the impact such a development would have on these educational facilities.

Comment: At the rear of the property, is a child care facility and further down Lillian Road is a primary school. The proposal is considered unlikely to impact on the primary facility directly and privacy impacts have been considered regarding the design of the proposal with planter boxes at the rear balconies on the first floor to minimise overlooking to the child-care facility, which shares the rear common boundary of the site.

Loss of solar access

Comment: The proposal is considered to provide adequate solar access to its adjoining neighbours as shown on the applicant’s shadow diagrams.

Loss of significant trees or vegetation

Comment: Council’s Tree Management Officer raised no objections to the removal of six (6) trees from the site and requested an arborist report to be provided to support the removal of the one (1) Cedrus deodora tree in the centre of the site, which was provided with the application.

Setting of precedent

Comment: The proposal if approved, may lead vulnerable, the sizes of existing allotments in the local area to increase their built form in density without appropriate site consolidation of smaller allotments of land under affordable housing.

Inadequate parking or service access

Comment: The proposal provides adequate number of parking spaces under the State Environmental Planning Policy (Affordable Rental Housing) 2009 and Council’s Development Control Plan No 1.

Garbage bins

‘Will ten (10) garbage bins even fit along the footpath?’

Comment: The proposal provides adequate area for the ten (10) garbage bins along the footpath.

Traffic generation caused by the increased population

Comment: The proposal is unlikely to result in excessive local traffic of the area.

Concerns regarding noise generation

Comment: The proposal is unlikely to result in excessive noise from the proposed development.

Inadequate stormwater drainage with no easement

“The stormwater drainage plans is located on the adjoining property.”

Comment: The proposal will be required to provide for stormwater disposal via an easement to the rear of the site as discussed in the report and is subject to acquiring the drainage easement, should it be supported.

On-site detention system

The need for an on-site detention system and will there be any acoustic report regarding use of large pump to remove water from the basement and mechanical ventilation of the basement car park.

Comment: An on-site detention system will be required in the basement and the acoustic report submitted by the applicant only relates to noise and vibration from the nearby rail corridor. However, if the proposal is supported, a standard condition of consent will be required that all plant equipment will not give rise to “offensive noise” as defined under the Dictionary of the Protection of the Environment Operations Act 1997.

Rear site maximum is at its maximum height

Comment: The proposed building form exceeds the number of storeys and height requirements as discussed in the report and accordingly is not supported.

Lack of landscaped open space areas

Comment: The proposal provides inadequate area for landscaped open space as discussed in this report and accordingly is not supported.

Council Referrals

Tree Management Officer

The proposed works were referred to Council’s Tree Management Officer for comment, whom raised no objections to the removal of six (6) trees and that no root prune of trees is to occur on neighbouring properties prior to relevant consultation. Further advice was provided for an Arborist report to be submitted prior to the removal of the Cedrus deodora located at the rear of the above property. The Arborist report has been provided by the applicant, which supports the removal of the subject tree, Cedrus deodora.

Manager - Development Advice

Council’s Manager - Development Advice has advised the relocation of the sewer main should be referred to Sydney Water. No further objections were raised to the proposal and comments for standard conditions were recommended for the allocation of affordable housing for the specified period and Strata subdivision of the site including the provisions for on-site detention system, and drainage requirements for the underground basement.

External Referrals

Sydney Water

Sydney Water has advised it requires additional information from the applicant regarding the proposal to assess the impact of the development with regards to the protecting its sewer pipe line. Specifically, Sydney Water has requested the following:

“1. The design is missing important information in regard to where the sewer location would be located on the plans provided. Sydney Water would need to see long section and a site plan that includes the location of sewer with depths.2. If the sewer is proposed to run through the basement, the design should show how the sewer will be secured to the roof or walls with appropriate brackets and spacing.

3. Information on materials to be used including pipe type and any protection requirements in relation to the entire construction.

4. Twenty four (24) hour access is also a condition for sewers in basements. The applicant should indicate how this will happen. We note there is a roller shutter. Sydney Water do not accept keys to basements.”

As the above information has not been provided and Council cannot be satisfied that the proposed basement will meet all of the requirements of Sydney Water, accordingly the proposal cannot be supported on the basis of the lack of information provided.

RailCorp

RailCorp raised no objections to the proposal, provided that acoustic requirements are satisfied and an electrolysis risk analysis be provided for the design of the building, prior to issue of a Construction Certificate.

Southern Sydney Group Councils Design Review Panel

The SEPP requires a Design Review Panel to give independent design advice to the consent authority on a development application for a residential flat building. The design was discussed at the Southern Sydney Group Councils Design Review Panel on 2 June 2011. Below is a summary of the report to Council.

Comment: The applicant has proposed some amendments in regards to the Panel’s comments. The amended plans submitted by the applicant do not reduce the height of the three (3) storey building, particularly in the centre of the building as recommended, alternatively where the balconies overlook the east adjoining property privacy screens and, louvers have been added to balconies with opaque windows and planter boxes to minimise any overlooking. The amendments also include removing the steps on the ground floor access to Units in order to make all ground floor units accessible and adaptable. One (1) common street entry to the building was provided with a separate entry at the street frontage to Unit 1 via the courtyard. An increase in deep soil zone was provide via the reduction in the two (2) rear courtyards and the provision of a barbeque facility and play equipment at the rear communal open space area.

It is considered the issue of built form has still not been overcome as the design changes are only minor and it is considered the proposal including the amendments submitted do not adequately resolve all the issues raised by the Panel and accordingly the proposal should not be supported.


6. CONCLUSION

The proposed works have been assessed under the Matters of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended). The proposal has failed to satisfy the fundamental requirement under State Environmental Planning Policy (Affordable Rental Housing) 2009 that the proposed design of the development be compatible with the character of the local area. The proposal as a residential flat building and its built form was revealed to be in contrast to the existing and desired residential development as prescribed in Area B under Council’s Development Control Plan No 1 and proposes numerous and significant variations to the built form controls.

The proposal is considered to not satisfy the relevant objectives of zone 2 - Residential, which is to preserve and enhance the character and amenity of the established residential area. On the contrary, the proposed development would adversely impact the amenity of future residents of the development and its adjoining developments given its unsatisfactory design.

Further, the proposed residential flat building was found to be deficient in design, when compared with the Residential Flat Design Code and the recommendations provided by the Southern Sydney Group Councils Design Review Panel to remove one additional level in the centre of the development has not been implemented in the amended design.

The report further details the proposed design is poorly designed in terms of Development Control Plan No 1 – LGA Wide - Section 3.3 Access and Mobility and Section 3.4 Crime Prevention through Environmental Design and is further lacking sufficient information on the design details of the basement and its impact on the existing sewer pipeline belonging to Sydney Water. Due to the numerous reasons above, the proposal is not supported and is recommended for refusal.RECOMMENDATIONTHAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application 11/DA-90 for demolition of existing structures and proposed affordable rental housing consisting of basement car parking, residential flat building for ten units and strata subdivision on Lot 5 in DP 251418 and is known as 6 Lillian Road, Riverwood, for the following reasons:

1. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, as amended the proposal is not supported as it exceeds the standard under State Environmental Planning Policy (Affordable Rental Housing) 2009 regarding clause (14)(a)(i), floor space ratio and does not satisfy Clause 16A regarding compatibility with the character of the local area, State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings regarding consideration to local context in terms of building height, building separation, side setbacks, floor space ratio, communal open space and deep soil zone and fails to adequately satisfy Clause 8 in the zone objectives (a) and (e) for Zone 2 – Residential zones and Clause 15 - Services and Clause 22 - Excavation, Filling of Land within the Hurstville Local Environmental Plan 1994.

2. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979,The proposal fails to satisfy compliance with Development Control Plan No 1 – LGA Wide regarding the following sections; Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 4.3 regarding residential density, landscaping, rear site height, number of storeys, minimum private open space and minimum dimensions, side boundary setbacks and building envelope.

3. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development in its built form as a residential flat building is incompatible and out of character with the existing and desired residential development in the local area.

4. 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 design and would adversely impact upon the amenity of future residents of the development and the adjoining developments.

5. Pursuant to the provisions of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be unsuitable to the site.

* * * * *


DECISION - DAC

THAT the application be refused in accordance with the reasons stated in the report.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX

Company extract - applicant - 6 Lillian Road Riverwood.pdf
Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC105-11 PK - 55 RILEY STREET, OATLEY - HABITABLE LOFT AREA TO EXISTING GARAGE


Applicant

James Watt-Smith

Proposal

Habitable loft area to existing garage

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy No 55 – Remediation of Land, 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 3.7 Drainage and On-site Detention Requirements, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

James Watt-Smith

Existing development

Single dwelling house

Cost of development

$10,000.00

Reason for referral to Council

Two storey outbuilding

Report author/s

Development Assessment Officer, Mr P Nelson

File No

11/DA-61

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes a new first floor habitable loft addition to the existing approved garage.

2. The application proposes some variations to Development Control Plan No 1.

3. No submissions were received in relation to the proposal.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application proposes the provision of a loft area above the existing approved garage. This loft is to have a floor area of 33.21sqm and a small bathroom comprising a toilet, sink and shower with an additional area of 4.65sqm. The loft is to have a window facing the street frontage, a window facing to the rear (overlooking the subject site) and a western facing window. The outbuilding is proposed to be an overall height of 6.74m, with an external wall height (measured to the internal ceiling) of 5.165m.

The two (2) significant canopy trees in the front yard of the allotment adjacent to the garage are also proposed to be retained as part of the current application.


BACKGROUND

The existing approval for the garage was approved under 08/DA-90. The application was referred to the Development Assessment Committee meeting on 4 June 2008. The Committee recommended:


This was despite the proposed proximity of the garage to the front boundary. The report was considered for approval on the basis of the following assessment:

It is also noted that the garage was approved forward of the building alignment to permit the retention of two (2) significant trees at the front of the allotment.

This is relevant to the current application as the application proposes a loft addition to the existing approved garage and carport area.


DESCRIPTION OF THE SITE AND LOCALITY

The site is an irregular shaped site with a frontage of 12.19m to Riley Street and an area of 466/6sqm. The site is located on the southern side of the street. Existing on the site is a part one (1) part two (2) storey dwelling house located within close proximity (1.1m at closest point) to the rear boundary. A pool and detached garage have previously been approved in the front yard.

The existing single dwelling house is located at the back of the subject site between 2.4m and 5.6m from the rear boundary and 900mm - 950mm to the side boundary.

Two (2) significant canopy trees are located in the front yard on the western side of the allotment.

Adjoining the site to the north, south and rear boundaries are single dwelling houses. 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 and the proposed development is a permissible use in the zone. The proposal meets the zone objectives.

Clause 14 – Tree Preservation Order

This proposal does not alter any trees on the site or adjoining.

Clause 15 – Services

The allotment is adequately serviced by stormwater drainage and other utility services in accordance with this clause of the Local Environmental Plan.

Clause 19B – Foreshore Scenic Protection Area

The proposal is not visible from the waterway or any adjacent foreshore areas. As such the proposal will not have any impact on the view of the waterway and adjacent foreshore areas from any neighbouring dwelling. The proposal will have no impact on any existing significant vegetation or canopy trees nor will it result in any impact on topography or natural rock formations. The design of the proposed development and the selection of materials for the construction as well as the landscaped area provided on site is considered to be appropriate for the foreshore scenic protection area. As such the proposal is considered to be consistent with Clause 19B of the Local Environmental Plan.

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

The value of works proposed goes not require the lodgement of a BASIX certificate under the SEPP.

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 apply to the current proposed development.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 2.2 NEIGHBOUR NOTIFICATION AND ADVERTISEMENT OF DEVELOPMENT APPLICATIONS

The application has been notified in accordance with this section of Development Control Plan No 1. No submissions were received in relation to the proposal.

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

Two (2) car parking spaces are provided for the proposal in accordance with this section of Development Control Plan No 1.

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


Section 3.4Design requirementsProposalComplies
FencingFront max 1m, unless open typeAs approvedYes
Blind cornersMirrors around corners
Glass/steel panels in stairwells
No blind cornersYes
Site and building layoutEntrance visible from main street
Habitable rooms at front of dwelling
Entrance visible from western side of street frontage and proposed loft window to streetYes
LandscapingDoes not obstruct casual surveillance of dwelling/s and entrances with continuous or dense growth
Ground cover or 2m clean trunks around children’s play areas, car parks and pedestrian pathways
No large trees next to second storey windows or balconies
Existing significant tree obscures some visibility however elements of the front yard and dwelling frontage are visible from the streetYes

The proposal seeks no additional variations to the requirements of this section of Development Control Plan No 1.

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

The proposal may be conditioned to drain by gravity via the existing stormwater disposal system to the street in accordance with the requirements of this section of Development Control Plan No 1.

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

Single Dwelling HousesStandardProposedComplies
4.1.2.2 StreetscapeMust not diminish the quality of the streetscapeStreetscape appropriateYes (1)
4.1.3.1 Maximum Floor Area0.5:10.48:1Yes
4.1.3.2 Landscape and Open Space

Principal Private Open Space


Deep Soil
45%

30sqm and minimum dimensions of 5m


20% of site with
15sqm in front yard on sites wider than 12m
62%

63.6sqm and minimum dimensions of 5.3m


50.11%
>15sqm
Yes

Yes
Yes


Yes
Yes
4.1.3.8 Car Parking and Vehicular Access3 or more bedrooms, 2 spaces.
Sites >12m, 2 spaces behind front building alignment.
2 garage spaces
in front of building alignment as approved
Yes

Yes
As demonstrated above the proposal does not propose any additional variations to this section of Development Control Plan No 1.


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

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 submittedOutbuilding = 57.29sqm justification provided
Yes (1)
4.6.2.4 - Maximum Height3 metres from ceiling or top plate height to natural ground level5.165m maximum as such justification required
No (1) justification provided
4.6.3.1 – Side and rear boundary, and Construction Requirements

4.6.3.2
500mm minimum




Carport – Nil setback/ 30% of the carport perimeter to be open
130mm




5.6m setback
No (2)




Yes
4.6.5 – External FinishesLow reflectivityOK
Yes
PrivacyWindows offset by 1m

Neighbouring principal private open space is not overlooked by proposed living areas
Windows to habitable rooms offset.
Neighbouring open space not overlooked
Yes
Solar access and energy efficiencyNorth facing rooms receive maximum solar access.
Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on midwinter equinox.
Solar access is appropriate
Yes
(1) Maximum Height and (2) Side Boundary Setback


A written justification has been provided for the proposed variation to the recommended outbuilding height and side setback. This justification states:


The applicant has also provided justification for the variation to the proposed height of the garage and associated loft. This justification provides photographic record of other two (2) storey detached outbuildings and attached garages within the front building alignment (or facing a secondary street) where garages and associated structures (and outbuildings) have been approved at two (2) storeys in the immediate vicinity. These arguments are noted.

Comment: The points (2, 8 and 9 above) provided by the applicant in relation to streetscape are accurate. The wide verge gives the impression that the garage is setback from the front boundary as the location of the front boundary at this site is difficult to approximate given the bend in the street alignment at this point. This serves the purpose of a de-facto setback. It is also noted from the photographic record of the site that the proposed garage and loft is not as high as the vegetation which was removed to allow for the construction of the approved garage. In addition to this the trees on site listed for retention immediately adjacent to the proposed additions will dwarf the proposed additions, thereby further reducing the perceived visual bulk of the loft when viewed from the street.

As the proposal is located in the front yard, it will not overshadow either the neighbouring dwellings or the associated principal private open space. The location of the proposal also ensures that no issues exist in relation to overlooking/privacy.

It is also noted that due to the size and shape of the existing allotment and the necessary location of the approved swimming pool and garage (to ensure the retention of significant trees on the site as required by Council under previous applications) there is no alternative position for additional floor space on the allotment. It is noted that the proposal easily complies with the maximum permitted floor space for the site.

In addition to this the applicant has also submitted a photographic record of other garages of similar height adjacent to front or side boundaries and visible from the street.

As such the proposal is considered to be satisfactory and is to be recommended for approval. A condition of consent will require that the proposal is amended at the Construction Certificate stage to demonstrate how the proposal will comply with the relevant fire separation conditions required for habitable rooms.

4. ImpactsNatural EnvironmentThe proposal is unlikely to have any negative impacts on the natural environment.Built EnvironmentThe proposal will result in first floor additions to the existing garage that is already approved on a front boundary setback of 0-2.5m. It is considered that the proposal will not unduly impact on the streetscape as the proposal is still setback from the back of kerb by approximately 9m - 12m and the allotment is located at the bend in the street. The provision of a two (2) storey outbuilding is not uncommon in the area with the applicant providing the following photographic evidence of other such development in the immediate vicinity at 51 Woronora Parade, 52 Park Avenue (garage fronting rear frontage on Riley Street) and 20 Waterfall Road. While the latter two (2) stated examples are garages attached to single dwelling houses, and the former two (2) examples are in relation to garages on secondary street frontages, the principles of these developments as relating to the impact on streetscape are identical.

The provision of a ground and first floor built form within 500mm of the side boundary (despite being adjacent to a battleaxe access handle) will require amendments of the plan in relation to the Building Code of Australia. As such it is considered that the following condition is necessary:

This condition will ensure that the proposal is constructed in accordance with the Building Code of Australia.

In summary, it is considered that the provision of an additional storey on top of the existing approved garage is appropriate as it responds satisfactorily to streetscape. It is also noted that the additional floor area cannot be accommodated anywhere else on the allotment due to the necessity to retain two (2) significant trees on site. Furthermore the FSR of the proposal complies with the minimum requirements and it has negligible impact on the neighbours.

Social Impact

The proposal is unlikely to result in a negative social impact.

Economic Impact

The proposal is unlikely to result in a negative social impact.

Suitability of the site

The site is considered to 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. No submissions were received during the notification period.

Council Referrals

Tree Management Officer

Council’s Tree Management Officer has indicated that the proposal is satisfactory subject to the retention of the significant trees on site identified in the arborists report. Council’s Tree Management Officer has also recommended the following additional conditions:
Comment: These additional conditions will be included in any future consent.

External Referrals

No external referrals were required in relation to the proposed development.


6. CONCLUSION

The proposal seeks a first floor extension to the existing garage. The proposal seeks a further variation to the overall height required for outbuildings. The applicant has provided sufficient written justification for the variations proposed.

The application was notified to surrounding neighbours during which time no submissions were received.

The application is to be 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 11/DA-61 for habitable loft area to existing garage on Lot 1 DP 586430 and known as 55 Riley Street, Oatley, 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
02-12 A01 C
1 Mar 11
Existing Site Plan
Jim Watt-Smith
02-12 A02 D
1 Mar 11
Proposed Site Plan
Jim Watt-Smith
02-12 A03 C
1 Mar 11
Floor Plan
Jim Watt-Smith
02-12 A03.1 C
1 Mar 11
Floor Plan
Jim Watt-Smith
02-12 A04 C
1 Mar 11
Elevations
Jim Watt-Smith
02-12 A05 C
1 Mar 11
Section
Jim Watt-Smith
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. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
9. 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.

10. 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.
11. 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.12. 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.

13. 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 works14. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

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

17. 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.18. 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.19. 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.

20. DR1 - Stormwater System - All roof and driveway water must be collected and discharged to Council’s kerb and gutter in Riley Street via a gravity 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.

Any and all deficiencies in the existing system are to be rectified and all new roof runoff and discharge from undrained downpipes are to drain to either the street gutter or council’s gully pit. An amended plan is to be prepared showing ground level and pipe invert levels for proposed drainage work.

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.

21. 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.

22. 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.

23. 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.

24. 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.25. Protection of Trees - The developer must suitably protect during construction all existing trees specified in the approved plan to be retained. The developer must submit details of tree protection including the area of protection around each tree or group of trees to be retained and a suitable barrier to be erected around the perimeter of the protected area during the construction period and, if necessary, after the construction period, to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building material, excavation, filling, or the like. These details must be submitted to Council with the landscape masterplan for approval by the Council's Tree Management Officer before the issue of a Construction Certificate.26. Protection of Retained Trees - The trees to be retained must be protected during the period of demolition, excavation, site preparation and construction, by the erection of a suitable barrier around the Tree Protection Zone (Refer to AS4970-2009) of each tree. The barrier must be such to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building materials, excavation, filling or the like. Details of the means of protection must be submitted to Council with the Construction Certificate, and be erected prior to any works commencing on-site.27. Location of Services - The developer must indicate the location of all proposed overhead and underground service lines on the landscape plan to be submitted with the Construction Certificate Application.
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. 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.36. Work not to Commence until Trees Protected - The developer must advise Council, prior to any site works commencing, of the erection of the tree protection measures required in accordance with Condition 25, 26 and 27 above. No site works shall commence until the tree protection measures have been inspected and installed to the satisfaction of Council's Tree Management Officer or appropriate certification from an arborist has been submitted to Council.37. Exclusion fence (In accordance with AS4970-2009) - must be installed around the extremity of the Tree Protection Zone (TPZ) of the trees to be retained prior to any site works commencing. This fence must be maintained to Council's satisfaction throughout the period of construction to prevent any access within the tree TPZ.38. 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).39. 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.

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

41. 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.

42. 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 cross-fall, in longitudinal profile, of the footpath in the design of footpaths.

43. 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.

44. 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.

45. 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. 46. 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.47. 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.48. 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.

49. 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.

50. 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.51. Arborist Report - No construction work, which may impact upon the trees specified in the approved plan to be protected, may be carried out unless the developer's landscape architect/arborist is present on the land and the construction work is carried out in accordance with all directions given by that landscape architect/arborist.52. Arborist to supervise work - The applicant shall undertake whatever measures are required by the tree surgeon for the protection of the following trees. The arborist shall be retained to supervise such work and ensure against damage to the trees listed for retention. 53. Pruning - All pruning must be undertaken by a qualified person, with a minimum qualification of Horticultural Certificate or a Tree Surgery Certificate.54. Building & Services Restrictions - No excavation, filling or compaction, no buildings or structures, and no services may be placed within the area defined by the drip line of each tree.55. Vehicle Restrictions - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.56. Signage - Preservation zone fences shall be signposted to advise all people associated with the development (eg. Contractors, suppliers, developers and workers) and the general public of their purpose, eg (Tree protection area - No admittance). Signs are to be erected and maintained throughout the construction period.57. Root Barriers - The developer must install a root barrier against the building in the vicinity of the existing trees to protect the building and sewer lines.58. 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. Hand digging will be required.59. Competitive Vegetation in Preservation Zones - All preservation/root zones shall be cleared of weed species and competitive vegetation (excluding desirable ornamental shrubs, grasses and groundcovers).60. Mulching of Preservation Zones - All preservation zones shall be mulched to a depth of not less than 70 to 100mm using suitable organic mulch.
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. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.64. 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.

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. 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.

67. 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.)

68. 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.

69. 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.

70. 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.71. 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 131318.72. 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.73. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.74. 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.

75. If you need more information, please contact Development Assessment Officer Peter Nelson on 9330-6156 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 J Jacovou)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC106-11 PK - 30 SAMUEL STREET, PEAKHURST - SECTION 96 MODIFICATION TO APPROVED MULTIPLE DWELLING - MODIFY GROUND FLOOR GARAGE WINDOWS ON WESTERN ELEVATION TO ROLLER DOORS


Applicant

Ameneo Modellino

Proposal

Section 96 modification to approved multiple dwelling - modify ground floor garage windows on western elevation to roller doors

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - George 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

Multiple dwellings

Owner/s

Ameneo Modellino

Existing development

Two townhouses and one villa

Cost of development

$735,000.00

Reason for referral to Council

Unauthorised works

Report author/s

Development Assessment Officer, Mr P Nelson

File No

2010/DA-191REV1

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The Section 96 application seeks permission to delete the rear garage windows and provide garage doors on the rear wall of the two (2) townhouses and one (1) villa on the subject site. An internal wall is also proposed for the three (3) bedroom villa in order to provide a study area.

2. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans under no additional variations are proposed.

3. The proposed amendments have already been constructed and as such constitute unauthorised works.

4. The application was notified in accordance with Council’s requirements during which time no submissions were received.


AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
FURTHER THAT the matter be referred to the Manager - Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council's adopted Enforcement Policy.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The Section 96 application seeks to delete the rear garage windows and provide garage doors on the rear wall of the two (2) townhouses and one (1) villa on the subject site. An internal wall is also proposed for the three (3) bedroom villa in order to provide a study area.

No change to the approved building footprints or overall height of the proposal occurs as a result of the current proposal.


BACKGROUND

The application for the townhouse and villa complex was originally considered at the Development Assessment Committee held on 1 September 2010. The application was deferred for inspection by Ward and interested Councillors and was referred to the Development Assessment Committee meeting held on 6 October 2010. The application was approved at this meeting.

The current proposal seeks no additional variations in addition to the two (2) minor variations approved under the original approval.


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.

Two (2) townhouses and one (1) villa are located on the subject site.

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.


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

SECTION 961A OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED)

This section of the Act requires that:

Subsections (1), (2) and (5) do not apply to such a modification.

Comment: The proposal is of minimal environmental impact and is substantially the same development as the original approval. The proposed changes include the deletion of the rear window of both townhouses and the rear villa and the provision of a single garage door in the place of these windows. This is considered to result in no additional impact on the adjacent neighbours. The other change includes the provision of a small study area by the addition of an internal wall to the rear villa. This will result in the decrease in size of the laundry. The laundry will not have a window, requiring this laundry to be artificially lit and mechanically ventilated. However, the villa is existing as three (3) bedroom and the additional study will not require additional parking. No increase in the size of the building footprint was required as part of this change. This is therefore considered to be substantially the same development as the original approval.

The proposal was notified in accordance with Council’s relevant Development Control Plan No 1. No submissions were received in relation to the proposed development.

As such the proposal complies in full with the relevant requirements under Section 96(1A) of the Environmental Planning and Assessment Act 1979 (as amended).

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 two (2) 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 and relevant conditions included under the original consent. The proposed changes have no impact that would impact on the provision of these trees.

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 original consent 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) as approved
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) as approved
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
The two (2) minor variations proposed were approved as part of the original approval. The current proposal does not result in any further variations.


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.

The applicant has advised that the provision of the single garage door to the rear of each garage will assist with moving larger items into the dwellings via the rear yard and rear sliding doors of each unit. No hard stand parking space is proposed as a result of the introduction of the new garage doors and landscaping is not affected.

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.

Unauthorised Works

As the proposal involves unauthorised works, it has been referred to Acting Manager – Building Control for comment. This is provided further in the report.


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 submissions were received in relation to the proposal.

Council Referrals

Acting Manager - Building Control

Council’s Acting Manager - Building Control has provided the following comment:


Comment: This condition will be included in any future consent. The penalty that applies to the unauthorised works is noted.


6. CONCLUSION

The Section 96 application proposes the deletion of the rear window of three (3) of the garages and the inclusion of a single garage door in the rear wall of each of these garages. The application also proposes the provision of an internal wall the laundry of the rear villa to provide for a small study room.

The proposal received no neighbour submissions.

The application is recommended for approval.


RECOMMENDATION

THAT pursuant to Section 96(1A) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants consent to Development Application modification 10/DA-191REV1 for the Section 96 modification to approved multiple dwelling - modify ground floor garage windows on western elevation to roller doors on Lot 23 DP 659239, and known as 30 Samuel Street, Peakhurst, subject to the following:
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
DA 02
8 Apr 10
Site PlanMichael Hedwan
DA 03 C
12 Apr 11
Ground Floor PlanMichael Hedwan
DA 04 C
12 Apr 11
Ground Floor PlanMichael Hedwan
DA 05
8 Apr 10
First Floor PlanMichael Hedwan
DA 06
8 Apr 10
East and West ElevationsMichael Hedwan
DA 07
8 Apr 10
East and South ElevationsMichael Hedwan
DA 08
8 Apr 10
North and West ElevationsMichael Hedwan
DA 09
8 Apr 10
Cross SectionMichael Hedwan
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. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
9. 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.

10. 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 amendment of Construction Certificate plans to indicate two (2) windows on first floor western elevation of Townhouse 2.

(b) All west facing windows on the first floor of the development shall have a minimum sill height of 1.5m from the floor level.

(c) Artificial light and mechanical ventilation are to be provided to the internal laundry in accordance with the relevant requirements of the Building Code of Australia.
(Condition added as part of Section 96 modification 10/DA-191REV1)11. 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.12. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:
13. 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 $12,942.00.

14. 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 $7,546.00.

15. S943 - Drainage Services within Georges River Catchments - Pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979 payment shall be made to Council of a monetary contribution for the provision of drainage services. The contribution is related to Plan no. 3and 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 drainage services.


16. 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 $556.05.

17. 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.

(a) The contribution rate for residential development is $3,842.00. The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $3,862.77.

18. 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.

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) 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. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.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. 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.

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. 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.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. 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.

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

35. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:36. 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.37. 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.

38. 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.

39. 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. 40. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:41. 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.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.

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.


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

45. 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.

46. 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.

47. 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.

48. MI133 - Erect a separate letterbox for each dwelling and install with rivets, metal numbers on each letterbox. These numbers are to be No 30A for the front townhouse, No 30B for the central townhouse and No 30C for the rear villa.

49. MI3 - The unit/villa/dwelling/townhouse number, at least 50mm high, must be provided to the entry door to each unit/villa/dwelling/townhouse. In this regard, the units, villas, dwellings, townhouses are to be known as numbers No 30A for the front townhouse, No 30B for the central townhouse and No 30C for the rear villa.50. MI4 - The side and rear boundaries of the site must be fenced with either 1800 mm high lapped, capped and stained paling fences or 1800 mm colourbond metal fencing. The type of fence is to be by agreement with the adjoining property owners.

51. MI6 - A minimum of 7.5 metres of clothes line is to be provided per unit.

52. 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.

53. 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.

54. 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.

55. 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.

56. PV7 - Residential Parking Requirements for Less than 4 Units – Six (6) resident car spaces are to be provided in accordance with the approved plans.57. 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.58. 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.59. LA6 - Common Taps - The developer must provide a common tap/taps or an irrigation system to enable all landscape works to be adequately watered.60. 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.61. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 62. 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.

63. 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.

64. 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.

65. 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.66. 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:
67. 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.

68. 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.

69. 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.

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

71. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 308593M dated 26 April 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

72. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.73. LA4 - Parking on Landscaped Areas - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.

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

75. 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.
76. 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.

77. If you are not satisfied with this determination, you may:
78. 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.

79. 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.

80. 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.81. 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 131318.82. 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.83. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.84. 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.

85. If you need more information, please contact Development Assessment Officer
Mr P Nelson on 9330-6156 during normal office hours.FURTHER THAT the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.

* * * * *


DECISION - DAC

THAT the application be approved in accordance with the conditions included in the report.
FURTHER THAT the matter be referred to the Manager - Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council's adopted Enforcement Policy.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC107-11 PK - 1 HARDWICKE STREET, RIVERWOOD - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A BOARDING HOUSE WITH 19 ROOMS CAPACITY UNDER AFFORDABLE RENTAL HOUSING SEPP


Applicant

Design Studio 407

Proposal

Demolition of existing dwelling and construction of a boarding house with 19 rooms capacity under Affordable Rental Housing SEPP

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 (Affordable Rental Housing) 2009, State Environmental Planning Policy No 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide – Section 3.4 Crime Prevention Through Environmental Design, Section 4 Specific Controls for Residential Development

Hurstville Local Environmental Plan 1994 interpretation of use

Boarding house

Owner/s

John Fotios Mallos

Existing development

Single dwelling house

Cost of development

$750,000.00

Reason for referral to Council

Sixty two submissions received and Affordable Rental Housing development

Report author/s

Development Assessment Officer, Mr R Guirguis

File No

11/DA-110

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval to demolish the existing dwelling house and construct a two (2) storey boarding house comprising nineteen (19) rooms.

2. Boarding houses are not permissible within residential zones under Hurstville Local Environmental Plan 1994 however, the proposal is made under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 prior to its amendment on 20 May 2011 which overrides the provisions of any Local Environmental Planning Instruments.

3. The proposal satisfies the provisions of State Environmental Planning Policy (Affordable rental Housing) 2009 and some comparative sections of Development Control Plan No 1.

4. There were sixty two (62) submissions received in relation to the proposed development.


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 demolish the existing dwelling house and construct a two (2) storey boarding house comprising nineteen (19) rooms.

The subject site is a corner allotment engaging the corner of Hardwicke Street, the interface of Belmore Road intersection and Jacques Avenue. The site is predominantly triangular and the proposed building has been designed so as to face all three (3) streets.

The proposed building is symmetrical in appearance with a multi tiered, single sided pitch form.

The proposed ground floor level contains a communal laundry facility and storeroom, nine (9) self contained rooms with bathroom and kitchen facilities to each room and one (1) communal room at the rear of the building followed by a covered verandah.

The rear verandah has access to a disabled ramp which is the closest point of entry to Room 14 and 15 where they are proposed to be adaptable rooms.

Access into the building is proposed to be gained via three (3) entrances. One (1) being through the front façade articulated by a portico, the second entrance is via a staircase towards the rear along the eastern façade which leads directly to the first floor level, and the third access point is via a disabled ramp from the rear of the building.

There is also internal access to the first floor level from the ground floor via a second set of stairs.

The first floor level has a mirror image layout to the ground floor with exception to the provisions of an extra self contained room in lieu of the communal room area below.

The proposed design generally allows for good cross ventilation and solar access into each room due to the orientation of the building, it has a north eastern and north western aspects.

The sizes of the rooms vary from 15sqm to up to 19.5sqm including the bathrooms and kitchens facilities.

The proposed building is positioned with a 7.5m front setback from the splay area, 3m setback from the eastern side boundary, 2m setback from the western side boundary along Jacques Avenue and 15.2m rear setback from the south.

The height of the building varies across the design however, it is maintained at below 7m external wall height and 8.2m to the ridge.

Comparatively, the proposed landscaping provisions have exceeded the minimum requirements applicable for that of a single dwelling house development. The proposal provides approximately 395sqm (54%) landscaping area with 156.5sqm (21%) of deep soil component.


BACKGROUND

18 Oct 10 Pre Development Application consultation meeting was held at Council with applicant (10/PDA-26).

7 Apr 11 Subject application lodged.

4 May 11 Subject application was advertised and neighbours notified until 18 May 2011 attracting thirty nine (39) submissions.

27 May 11 The subject application was readvertised and renotified as submissions were received from members of the public for not having the opportunity to lodge their submissions in time.

10 Jun 11 The renotification period has ended attracting a further twenty three (23) submissions.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a corner allotment on the corner of Hardwicke Street and Jacques Avenue with an irregular shaped site however, predominantly triangular. The site has a frontage of 19.125m to Hardwicke Street, 40.845m to Jacques Avenue and an area of 731.1sqm. The site is located on the southern side of Hardwicke Street and the eastern side of Jacques Avenue. Existing on the site is a single storey dwelling house

The site experiences a diagonal slope from the north east to the south west (Jacques Avenue) in the order of approximately 1.6m.

Adjoining the site to the east is a single storey dwelling house which belongs to the Department of Housing fronting Hardwicke Street. Located at the rear of the site is another single dwelling house fronting Hedley Street with a rear boundary to Jacques Avenue, which belongs to St George Community Housing.

The subject site is located in the focal point of an intersection of Belmore Road from the north west and south west, Clarendon Road from west, Jacques Avenue from the south, Hedley Street from the south east and Hardwicke Street from the north

Opposing the site to the north, on the corner of Hardwicke Street and Belmore Road, is a series of three (3) vacant allotments owned by the Presbyterian Church. In an anticlockwise direction to the north west from those sites, on the corner of Belmore Road and Clarendon Road the site opposes Riverwood Police Station. On the western corner to the site between Clarendon Road and Belmore Road is a BP Service Station followed by the NSW Fire Brigades engaging the corner of Belmore Road and Jacques Avenue to the south.

The area comprises a mixture of dual occupancies, single dwellings, Department of Housing developments and a vibrant commercial precinct along Belmore Road to the north west.


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 proposed development is prohibited within the zone.

However, the proposal is made under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 prior to its amendment on 20 May 2011 which overrides the provisions of any Local Environmental Planning Instruments.

Hurstville Local Environmental Plan 1994 defines the proposed land use as:

The proposal fits within the parameters of the above definition and is not listed as a permissible land use within a residential zone.

Notwithstanding, the residential zone objectives as listed in the Local Environmental Plan are:
In this regard, the development is considered satisfactory to the provisions of the above objectives in the following manner:* It is not considered to interfere with amenity of the surrounding residential areas in the sense of privacy, overshadowing, visual bulk or the like all of which are discussed individually in more detain later in this report.

* It provides a diverse type of medium density, affordable residential developments which is considered to enhance the character of the locality as a whole.

* It is considered to have provided adequate landscaping treatments within its design to both of its primary and secondary street frontages (Hardwicke Street and Jacques Avenue).To this end, the development is considered satisfactory to the provisions of the zone objectives.

Clause 14 - Tree Preservation Orders

The site contains one (1) Eucalyptus species (Iron Bark) in the rear yard and three (3) Lophostemon confertus (Brush Box) trees exist on Council reserve along Hardwicke Street.

The proposal seeks to retain all trees and provides for an additional nine (9) mature sized trees around the perimeter of the site.

Conditions of consent are included to ensure appropriate root protection zones are in place before and during construction should this application be approved.

The proposal is considered satisfactory to the provisions of this Clause.

Clause 15 - Services

The site is adequately serviced by the relevant utility services necessary to support residential development. The proposed dwelling can be accommodated over the existing infrastructure. Stormwater is proposed to be discharged into the street gutter along Jacques Avenue via gravity.

Clause 22 - Excavation, filling of land

The excavation required for the proposed works is minimal and limited to footing walls. It is unlikely to pose any detrimental effect on soil stability or drainage pattern.

The proposed drainage method is via a gravity fed system discharging to Jacques Avenue. Hence it is not envisaged that the proposal will have any detrimental impact on the drainage pattern.

The extent of excavation required for this development is not considered to differ from that of a Dual Occupancy development as a comparison.

The proposal is considered satisfactory to the provisions of 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 (AFFORDABLE RENTAL HOUSING) 2009

For the purpose of clarification, the proposal is made under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 prior to its amendment on 20 May 2011.

The amendment to the SEPP involves the provisions of the following concerning parking requirements for boarding houses:And the following additional requirements concerning the locality:
Whilst the subject application is not under any obligations to commit to the above requirements by virtue of its lodgement date, it is worthy to note at this stage that:

* The proposal provides one (1) onsite service vehicle parking space behind the building line designated for the purposes of ongoing property maintenance.
* The development is considered to be compatible with its surrounding locality as it is centrally located amongst the following land uses within walking distance:As such, the development is considered to be compatible with its locality and is within an accessible area as defined by the SEPP.

The following table illustrates the numerical compliance table of the proposal against the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 prior to its amendment

DevelopmentStandardsProposalComplies
Clause 26 to Clause 28- Land to which Division applies for the purpose of a boarding house with consent· R1 General Residential,
· R2 Low Density Residential,
· R3 Medium Density Residential,
· R4 High Density Residential,
· B1 Neighbourhood Centre,
· B2 Local Centre,
· B4 Mixed Use.
The site is zoned 2 residential under HLEP where Low, Medium and High density developments are permissible with consentYes
CLAUSE 29- STANDARDS THAT CANNOT BE USED TO REFUSE CONSENT
Floor Space Ratio
· If Residential accommodation is permitted


· If Residential accommodation is not permitted


· If RFB permitted and no heritage item is identified
· Existing maximum FSR for any form of residential accommodation permitted
· Existing maximum FSR for any form of development permitted


· Existing maximum FSR for any form of residential accommodation permitted plus
a) 0.5:1 if existing max FSR is 2.5:1 or less OR,
b) 20%of existing max FSR if existing max FSR is greater than 2.5:1
Proposed FSR is 443.765sqm (0.6:1) which comparatively is the maximum permitted FSR for a “Dual Occupancy development within a residential zone.



Notwithstanding, the development is permitted under this Clause to increase the Floor space ratio as RFB developments are permissible within the zone.
Yes
HeightMaximum Height permitted under another EPI for any building on the landHeight of residential developments is not governed under HLEP however the proposal has an overall height to the ridge of 8.2m at the highest point which is below the allowable 9m height for a two storey residential developmentYes
Landscape AreaThe landscape treatment of the front setback area is compatible with the streetscape in which the building is located· The proposal seeks to retain 1 Eucalyptus tree in the rear yard and 3 Brush Box street trees along Hardwicke Street.

· The proposal provides for an additional 9 mature trees and garden beds along the alignments of the primary and secondary frontages followed by two areas in excess of 75sqm to be turfed within the front setback along both frontages.
Yes
Solar AccessWhere the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winterThe proposal provides for 1 communal room on the ground floor level which is serviced by a verandah and receives most of its solar access during the afternoon achieving the minimum 3 hours of solar access between 12 noon to 3.00pmYes
Private Open Space
(other than the front setback area)
(i) one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers,




(ii) if accommodation is provided on site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation,
The proposed private open space is located at the rear of the site and is accessible from ground floor level.
It has a total area in excess of 70sqm irregularly shaped however 40sqm of which achieve minimum dimensions of 4m x 10m.

Based on maximum capacity of 19 lodgers, there are no requirements for an onsite manager.
Yes









Yes
ParkingIf not more than:
(i) one parking space is provided for each 10 boarding rooms
or part thereof, and
(ii) one parking space is provided for each person employed in
connection with the development and who is a resident on
site,
No car parking spaces are provided onsite for the use of lodgers.
No onsite manager is required as the development has capacity for only 19 lodgers.
Yes
Accommodation Size
if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:
(i) 12 square metres in the case of a boarding room intended to be used by a single lodger, or
(ii) 16 square metres in any other case.
The proposed boarding house has 2 rooms below 15sqm and 17 rooms with an area of 16sqm to 19.5sqm however; these areas are inclusive of approx 6sqm of bathroom and kitchen facilities. Therefore this development has a maximum capacity to only accommodate 19 lodgers.Yes
CLAUSE 30 – STANDARDS FOR BOARDING HOUSESA consent Authority must Not consent to development to which this Division applies unless it is satisfied of each of the following.
(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided,One communal space is providedYes
(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres,All rooms vary in size from a minimum of 12sqm to 15.5sqm when excluding areas used for private kitchens and bathroom facilitiesYes
(c) no boarding room will be occupied by more than 2 adult lodgers,None proposed to be occupied by more than 2 adult lodgers.
A condition of consent is also added to limit each room for single occupation.
Yes
To be conditioned
(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,Provided for each roomYes
(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,Based on maximum capacity of 19 rooms and 19 lodgers, there are no requirements for an onsite manager Yes
(f) if the boarding house is on land within a zone where residential
flat buildings are permissible, No new car parking for lodgers will
be provided on the site,
The subject site is located within a residential zone where RFB developments are permitted.
No car parking spaces are provided for Lodgers
Yes
(g) if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use,N/A the site is zone 2 ResidentialN/A
(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.4 spaces for motor bike parking and a bicycle parking rack for 4 bicycles are provided onsite along the eastern side and behind the front building lineYes
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 drafts Environmental Planning Instruments that are relevant to the proposed development.

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

Hurstville Local Environmental Plan 1994 prohibits boarding house developments within all its zones hence there are no specific controls set for a development of this type within Development Control Plan No 1.

As such, for the purpose of evaluating the bulk and scale of the proposed building, a comparative assessment table comprising the relevant controls that determine the bulk and scale of a similar low density development is prepared below and comparing the proposed development against the applicable controls for a dual occupancy and a single dwelling house developments.As can be seen from the table above, the proposed development is of a similar bulk and scale and does not represent greater impacts than what would be expected from a low density development on this site.


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

As outlined in the table below and subject to the conditions imposed as part of this assessment, the proposal achieves the design principles of Development Control Plan No 1 – LGA Wide - Section 3.4.

DCP No. 1 Section 3.4 – CPTEDStandardProposed
Complies
FencingAllows natural surveillance to streetNone proposed
Yes
Blind CornersTo be avoidedThe proposed design provides open view from the northern elevation around the splay section of the site permitting adequate line of sight
Yes
Communal AreasProvide opportunities for natural surveillanceYes
Yes
EntrancesClearly visible and not confusingThe front entry is clearly visible a defines the building from the front elevation
Yes
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
There are no balconies being proposed however, the building in general is designed to wrap around the corner site with the main communal area orientated towards the communal open space.
In addition, the proposed design allows for good surveillance in all directions surrounding the whole site

This is considered satisfactory to minimise crime opportunities within the site
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
The proposed landscaping provides medium sized trees as well as low shrub vegetation to define the parameters of the subject site whilst maintaining surveillance opportunities
Yes
Lighting - Access/egress points illuminated
Diffused/movement sensitive lighting provided externally
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy efficiently
Condition imposed to minimise light spill into residential portions of the dwellings and Lighting along pathways throughout the site.
Yes
Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
Dedicated area addressing the Street is proposed for the provisions of mail boxes with unit’s numbers as well as front entry portico.
A condition of consent is added to ensure compliance is achieved in this regards
Yes
Security- Main entrances to multi-unit development utilise intercom and code/card locks for main entrance/car parkSecurity access to all gates and entry points will be conditioned accordingly
Yes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipThe level and design of the proposed landscaping along the perimeter of the site is considered adequate to imply ownership
Yes
4. Impacts


Natural Environment

The proposal seeks to retain all trees on and off site and provides for an additional nine (9) mature sized trees around the perimeter of the site with additional provisions for low shrubs garden beds and turfed open spaces.

Stormwater is proposed to be collected and discharged to Jacques Avenue via gravity.

Built Environment

Streetscape

The proposal is not considered to pose any adverse impact on the existing streetscape.

Existing on the site is an older style cottage with an attached outbuilding extending on the boundary which is considered to be very limited in terms of its streetscape appeal.

The subject site is positioned geographically in what is considered to be a focal point of amongst five (5) streets intersection.

Apart for the subject site each of the remaining four (4) corner allotments defining each corner of this intersection is considered predominantly built up with varied streetscape by virtue of their land use (eg. Fire station, Police station, Service station).

The proposal is considered to address the street in a similar fashion that a typical dual occupancy development would on such a site.

The proposed finishes of the building are considered to be an improvement over the existing conditions and the proposed streetscape is considered to be consistent with the character of the locality.

In addition, the proposal seeks to retain one (1) Eucalyptus tree in the rear yard and three (3) Brush Box street trees along Hardwicke Street.

The proposal provides for an additional nine (9) mature trees and garden beds along the alignments of the primary and secondary frontages followed by two areas in excess of 75sqm to be turfed within the front setback along both frontages.

Design

The proposed layout of the rooms provides adequate cross ventilation.

The building is orientated with a front north easterly aspect and good solar access each of the room.

The proposed building provides two (2) adaptable rooms on the ground floor level and a disable access ramp.

In terms of internal amenities, there are bathroom and kitchen facilities provided for each room with appropriately sized communal room, outdoor verandah and private open space at the rear.

The proposed design is considered satisfactory.

Access and Mobility

The proposal provides a 1:14 gradient disabled access ramp from the rear of the building with direct access in the communal room.

In addition, Rooms 14 and 15 are dedicated as “adaptable rooms” where both of which are within close proximity to the access ramp.

Notwithstanding, it is considered appropriate for the entire ground floor level to become accessible with appropriate provisions made internally to the satisfaction of the Building Code of Australia and AS1428.1-2009.

Overshadowing

All adjoining properties will receive in excess of the minimum required solar access to their habitable rooms and to their respective private open spaces for 3 hours between 9am to 3pm on 21 June.

The predominant shadow generated by the development is directed upon the subject site itself by virtue of its shape and orientation.

The proposal is not considered to pose any detrimental shadow impact.

Privacy

The site directly adjoins two (2) properties being 3 Hardwicke Street from the east (side) and the rear yard of 1 Hedley Street from the south east (rear) to an extent of 4.31m.

The land within the immediate vicinity of the subject site is considered to be generally flat and the slope is gentle and runs gradually towards Jacques Avenue to the west hence no detrimental or adverse privacy impact is identified from any of the rooms located on the ground floor level.

Accordingly, the elevations in question facing the adjoining properties are the eastern elevation and the southern elevation from the first floor level.

The windows along those facades are categorised as follows:

* The eastern façade contains six (6) windows where two (2) of which are serving bathroom facilities and are frosted, anther two (2) windows are serving the stairwell and the remaining two (2) windows serve Rooms 12 and 13 respectively.

* The southern façade contains two (2) windows serving Rooms 14 and 15 respectively

* The window serving Room 12 is a highlight window with only 600mm in height and has a bottom sill of 1.5m above the finished floor level which restricts the line of sight to a predominantly upward direction.

* The window serving Room 13 together with both windows along the southern façade represents a distance of separation to their respective adjoining dwellings of 17m, 20m and 23m respectively

As such, a condition of consent is considered precautionary in this case for the provisions of translucent glass to the three (3) windows in question as the proposed density is higher than its surroundings even though the distance of separation between the windows in question and the adjoining properties is in excess of the 9m guideline.

Therefore, a condition of consent is added to ensure privacy is preserved in this regard.

Heritage

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

Social Impact

The development is considered to interact well with the existing social housing developments which form a part of the character of this locality.

It is considered to contribute to the social atmosphere of the area in the sense of broadening the diversity of services and community facilities in the area.

The subject site is considered to be strategically nestled amongst other social housing developments and services such as St George Community Housing, Department of Housing, Riverwood Police station, NSW Fire Brigade, Riverwood Plaza, Riverwood train station, and Peakhurst Park, etc.

The proposed development is not considered to pose an adverse social impact.

Economic Impact

The proposed development is also considered to contribute to the local employment generation as employment within the area becomes more appealable to the working force due to the availability of alternative affordable rental housing nearby.

The proposed development is not considered to pose an adverse economic impact.

Suitability of the Site

The subject site is considered suitable for the proposed development in terms of the following:

Size – The site has an area of 731.1sqm which is larger than the average sizes required for a dual occupancy development (630sqm) or a single dwelling house development (450sqm) yet the proposed building has numerically achieved the same bulk and scale as that of a development of this type.

Shape – The irregularity of its shape has helped the design to achieve a building the addresses both street frontages with a predominant north eastern aspect and maximise the rear setback (15.2m) to generally reduce impacts.

Topography – The topography of the land permits the adequate drainage of the site into Jacques Avenue via gravity.

In addition, the site is not identified to be within bush fire prone area, an area subject to flooding, containing Acid sulphate soils or believed to be contaminated given its historical residential land use.


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. Sixty two (62) submissions were received in relation to the proposed development.

Size of rooms

Requirement for a management dwelling onsite and associated car space and private open space.

Comment: The proposal is for single occupancy rooms.

The size of the rooms vary between 15sqm to 19.5sqm inclusive of the bathroom and kitchen facilities which do not accommodate twin accommodation at a minimum of 16sqm per room exclusive of the bathroom and kitchen facilities.

Therefore, the maximum number of lodgers is one (1) lodger per room and nineteen (19) in total.

As such, there are no requirements for an on-site manager and their respective car space and private open space if the building does not have the capacity to accommodate twenty (20) lodgers in accordance with the provisions of the SEPP, Clause 30 (e).

Parking

Inadequate parking provisions for on and off street.

Comment: In accordance with State Environmental Planning Policy (Affordable Rental Housing) 2009 prior to its amendment on 20 May 2011 which is applicable to the subject application, Clause 30 (f) states:

In regards to off street parking, Jacques Avenue is considered to provide adequate off street parking spaces for a substantial distance along its kerb length, uninterrupted by driveway crossings or the like.

Further, there is adequate motorcycle and bicycle parking provisions on site.

Further, parking provisions is not envisaged to pose an adverse impact upon the immediate vicinity of the subject site particularly as it is located within walking distance to public transport services and the local commercial precinct such as bus routes and Riverwood train stations and Riverwood Plaza.

Traffic

Congestion, Pedestrian activities, Access loading and unloading, Increase in vehicular accidents, The street is too narrow.

Comment: Following on from the point above, neither of the existing conditions or the proposed conditions are considered to be congested nor will cause traffic congestion surrounding the vicinity of the subject site for the following reasons:

* There is adequate unlimited on street parking provisions along Jacques Avenue in excess of 100m of uninterrupted kerb length.

* The pedestrian footpath along Jacques Avenue is in excess of 8m in width which is considered to be four (4) times the size of an average footpath of 2m in width.

* Similarly, the overall width of Jacques Avenue is approximately 21.6m kerb to kerb being split between two (2) lanes x two (2) way traffic and two (2) additional lanes for parking provisions along both sides of the street. This layout provides a minimum of 5.4m in width for each lane.

* There will be no loading and unloading facilities necessary for this development as it does not comprise any commercial component and is entirely residential.

* To this end, given the above average pedestrian footpath and street widths and the provisions of on street parking, the proposed development is not considered to increase the chances of vehicular accidents within the area.

In addition, Council Traffic Engineer has reviewed the proposal and expressed no concerns relating to traffic as a result of the proposal.

Street Character

Not suitable for the existing character of street being family oriented. Not suitable in terms of its built form as the existing character comprises single dwellings, dual occupancies and Department of Housing.

Comment: In the hierarchy of commercial centres within the Council area, Riverwood (along with Beverly Hills) is ranked as a secondary centre after the regional centre at Hurstville. The centre provides a good mix of retail and commercial services. It also contains a diverse type of developments within it ranging from high, medium to low density developments. The density is generally high surrounding Riverwood train station as a focal transport point along the East Hills rail line and gradually decreasing to medium then to low density the further the distance becomes from the centre’s hub.

Specifically, the subject development is considered to be highly compatible with its surrounding locality due to its close proximity to the Riverwood centre and amongst the following land uses within walking distance:

* Bus routes and Riverwood train stations (less than 500m to train station)
* Riverwood Police Station (directly opposite the site)
* NSW Fire Brigade (directly opposite the site)
* Directly adjoins St George Community Housing
* Directly adjoins Department of Housing development
* Riverwood Plaza and Belmore Road Commercial Precinct in general (approximately 200m)
* Directly opposes a Service station
* Peakhurst Park (50m south west of the site)
* Riverwood is also serviced by other facilities that are not located within the boundaries of Hurstville LGA such as Canterbury Library and Morris lemma Fitness centre within walking distance from the subject site
* There exist a considerable amount of public housing developments within Riverwood in general and within the immediate vicinity of the subject site specifically.

As such, the proposed development is considered to compatible with the existing diverse character of the locality.

Crime generation

High risk of drug users, Loitering, Alcohol abuse, Undesirable type of People, The nearby park will be used for congregational purposes and anti social behaviour, Riverwood Police is not manned for local crime, it is a highway patrol station.

Comment: This development type often raises security concerns due to the sometimes transient nature of the residents and the number of people residing at the boarding house.

However, the proposed development demonstrates crime prevention through environmental design principles as it addresses both street frontages adequately with good natural surveillance and no hidden corners.

This demonstrates that safety and security measures have been incorporated within the design.

Further, the intent of the SEPP is to provide a different type of Affordable Rental Housing for the use of the community.

The affordability factor in this case is presented in the form of self contained rooms for single occupancies which does not necessarily associate this type of developments with a specific type of people with anti social behaviours.

Whilst these matters are often difficult to pre-empt, the proposed development is not considered to attract a specific type of people that are any different from those who would reside within one (1) bedroom units in residential flat buildings or secondary dwellings within low density setting.

Legislative Compliance

Non compliance with Local Environmental Plan and Development Control Plan, Current NSW legislation through the NSW Government recent decision to holt developments such as these, A non residential development in a residential area.

Comment: Whilst boarding houses are prohibited under Hurstville Local Environmental Plan 1994 within any zone, the proposal is made under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 prior to its amendment on 20 May 2011 which overrides the provisions of any Local Environmental Planning Instruments.

The proposal satisfies the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 and comparatively competes with the numerical controls to that of a single dwelling house and/or dual occupancy development in accordance with their respective sections in Council’s Development Control Plan No 1.

Noise

The proposal has nineteen (19) rooms which can cater for two (2)-three (3) people per room. This will generate excessive noise levels.

Comment: The proposal is for a nineteen (19) room boarding house with a maximum capacity of nineteen (19) lodgers.

Each room is self contained with bathroom and kitchen facilities which keep congregations to a minimum where noise may be generated as a result.

The subject site adjoins only two (2) allotments - one (1) from the east (side) and the other from the south (rear) and all of which contain single dwelling houses. The building is situated such that it provides for adequate setback distances from all directions in particular the east (3m) and the south (15.2m).

Adjoining the site from the north, north west and west is Hardwicke Street, Belmore Road and Jacques Avenue respectively.

The proposed development is not considered to pose an adverse noise impact upon the neighbouring properties more than what would reasonably be expected from a residential development of this type and that location.

Drainage

Existing overland flow, Increased pressure on sewerage and stormwater systems in the area.

Comment: The subject site is not identified to be affected by overland flow paths. Stormwater is proposed to be discharged into the street gutter along Jacques Avenue via gravity.

The proposed method of stormwater disposal is consistent with Council’s requirements for the disposal of stormwater in the Georges River catchment.

The site is considered to be adequately serviced by the relevant utility services necessary to support residential development of this scale.

Excessive Bulk and Scale

Comment: The appropriateness of a proposal’s height, bulk, scale and whether or not it is generally an overdevelopment for the site is most usefully assessed against planning controls related to these attributes, such as maximum height, floor space ratio, site coverage and setbacks. The questions to be asked as set in the land and Environment Court Planning Principle established in the matter of Veloshin v Randwick Council [2007] NSWLEC 428 are:

Hurstville Local Environmental Plan 1994 prohibits boarding house developments within all its zones hence there are no specific controls set for a development of this type within Development Control Plan No 1.

Notwithstanding, the predominant residential developments surrounding the subject site is that of low to medium density such as single dwellings, dual occupancies and multiple dwellings developments.

As such, a comparative merit based assessment of the proposal against Council’s controls that govern the bulk and scale of low density developments such as single dwellings and dual occupancies are considered to have the most resemblance to the proposed development as follows.As illustrated in the table above, the proposed development modestly achieves compliance with the numerical controls that govern the bulk and scale of a low density development.

Further, the subject site is located within close proximity to diverse types of community facilities that currently exist in the area such as Law enforcement agencies, public and community housing, parks and open space, the Riverwood commercial precinct and a well serviced public transport hub.

The existing character of the locality lends itself to developments of the proposed type as it contributes to the diversity and vibrancy of the area.

In addition, the proposal itself is considered to look appropriate in its context by achieving compliance with the above controls and by virtue of the surrounding land uses within its immediate vicinity.

Property Devalue

Comment: Property value is considered to be a matter that is outside the scope of this assessment which is subjective to appropriate economic studies. Sufficient details have not been submitted to substantiate this.

Overshadowing

Comment: Whilst the submissions concerning overshadowing were not very specific or descriptive, the shadow impact of the proposal is considered to have been kept to a minimum by virtue of the predominant triangular shape of the subject site and its orientation.

The majority of the shadow cast is directed upon the rear of the site itself and Jacques Avenue. The proposed building is well setback from its only adjoining neighbours to the east (side) and south (rear).

In this regards, the eastern adjoining property will naturally have solar access prior to the subject development.

In reference to the southern adjoining property, the proposed building is setback 15.2m from the rear southern boundary where the shadow generated by the proposal is unable to extend to that extent hence allowing more than the minimum 3 hours of solar access between 9am and 3pm in the middle of winter to all adjoining properties private open space and their respective habitable windows.

Privacy

Comment: Similarly, the submissions received did not specifically emphasise the level of privacy impact that may be imposed by the development however, given that the subject site only adjoins two (2) properties a detailed assessment of the privacy impact is included under the impacts section of this report.

Specifically, the windows found to be in question were windows serving Room 13 facing east together with two (2) windows serving Room 14 and 15 respectively facing south and all being at the first floor level with their respective distance of separation to the adjoining dwellings is 17m, 20m and 23m.Whilst the adjoining dwellings are all of a single storey nature and there is limited scope of vision due to the orientation of the proposed building with greater distance of separation than the minimum 9m guideline. A condition of consent was considered precautionary in this case for the provisions of translucent glass to the three (3) windows in question as the proposed density is higher than its surroundings.Council Referrals

Senior Environmental Health and Building Surveyor

No objections were raised subject to the imposition of standard conditions of consent and the attainment of an access report prepared by an Accredited Access Consultant and an Energy Efficiency report to be submitted, should Council be appointed as the Principle Certifying Authority.

Senior Tree Management Officer

No objections were raised subject to the imposition of standard conditions of consent.

Traffic Engineer

No objections were raised in relation to the proposed development from a traffic congestion point of view however concerns were raised relating to speeding in general through Jacques Avenue.


6. CONCLUSION

The proposal satisfies the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 prior to its amendment on 20 May 2011 which overrides the provisions of any Local Environmental Planning Instruments.

The proposed development does not represent greater impacts than what would be expected from a low density development on this site such as single dwelling house or a dual occupancy development.

The subject site is located within close proximity to diverse types of community facilities that currently exist in the area such as Law enforcement agencies, public and community housing, parks and open space, the Riverwood commercial precinct and a well serviced public transport hub.

Whilst this development type often raises security concerns due to the sometimes transient nature of the residents and the number of people residing at the boarding house, the proposed development has demonstrated minimal impacts upon the natural and built environment, appropriateness in its own context and compatibility with the existing character of the area.


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 11/DA-110 for the demolition of existing dwelling and construction of a boarding house with 19 rooms capacity on Lot 1 DP 36368 and known as 1 Hardwicke Street Riverwood, 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. 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 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

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. 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.

10. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
11. 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.12. 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.· The main window serving Room 13 facing east
· The main window serving Room 14 facing south
· The main window serving Room 15 facing south13. 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.

14. 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.

15. 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.

16. 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

17. 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.

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

19. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.

20. SM2 - Vibration damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw.

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

21. DE3 - During excavation of the site and construction works, Council's footpath shall be adequately supported to Council's satisfaction.

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. 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.27. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the street 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.28. 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.

29. 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 92.30. 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. 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:

32. 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.

33. 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.

34. PU8 – The electricity supply to the subdivision must be underground.

35. 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.

36. 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.37. 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.

38. 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.

39. 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.

40. 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.

41. TRG3 - Landscape Plan

A detailed landscape plan will be submitted with the Construction Certificate Application. This plan will illustrate in concept form the proposed landscape design principles. The plan will demonstrate an understanding of the site and its context. Draw the plan to a standard scale such as 1:100 or 1:200, and show the following details:

· north point (true solar north)
· scale (show ratio and bar scale)
· date, plan number, amendment number
· finished surface levels, embankments and grades (indicate extent of cut and fill)
· existing trees to be retained or removed
· proposed planting schedule (indicate species, location, massing and mature height - native plants are generally required)
· proposed surface treatments and restoration (eg turf, paving, bank stabilisation, mounds, etc)
· proposed fences and retaining walls (indicate height and material)
· erosion and sediment control measures
· maintenance program Demolition Conditions

42. 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 200 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.

43. 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.

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

45. 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.

46. 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.

47. 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.
48. 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

(e) 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.

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

50. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:51. 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.

52. 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.

53. 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.54. 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.

55. 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.

56. 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. 57. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:
58. 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 131525.59. 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.
60. 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: (b) All inspections necessary to determine that the appropriate conditions attached to this consent have been complied with, and
(c) All inspections necessary to determine that the requirements of the Building Code of Australia are being met.
61. 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.

62. 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.

63. 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 1997.64. 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.

65. 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.

66. 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.

67. 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.

68. MI133 - Erect a separate letterbox for each dwelling and install with rivets, metal numbers on each letterbox.

69. 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.

70. 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.

71. 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.

72. 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.

73. 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.

74. 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.

75. The design and construction of the gutter crossing off Hardwicke Street, the removal of the redundant driveway/reinstatement of kerb and gutter shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA's Project Services Manager, Traffic Projects Section, Blacktown

76. 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.77. LA5 - Wheel Stops - The developer must install wheel stops to all parking spaces fronting landscape beds.78. LA6 - Common Taps - The developer must provide a common tap/taps or an irrigation system to enable all landscape works to be adequately watered.79. 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.80. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 81. MI4 - The side and rear boundaries of the site must be fenced with either 1800 mm high lapped, capped and stained paling fences or 1800 mm colourbond metal fencing, at your cost. The type of fence is to be by agreement with the adjoining property owners.

82. 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.83. 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.

84. 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.

85. 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.

86. 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.
87. 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.

88. The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.89. 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:

90. 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.

91. 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.

92. 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.

93. 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.

94. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.
95. EF2 - Fire safety certificate before occupation or use - Before issue of the Occupation Certificate, the owner must cause the Council to be given a fire safety certificate and must cause a copy of that fire safety certificate to be given to the principal 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:96. 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.

97. 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.

98. 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.

99. 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.

100. 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.

101. PVI2 - Use of Car Parking Spaces – The proposed car parking space shall be line marked and used only for the parking of service maintenance vehicles and/or emergency vehicles and not used for the storage of any materials, waste matter or for private purposes and must not be designated to any of the proposed rooms.

102. 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.

103. 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".

104. 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.

105. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.106. LA4 - Parking on Landscaped Areas - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.

107. Drainage Maintenance - The on-site detention drainage facility shall be maintained at all times in accordance with the approved plans.

108. 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.

109. WA8 - The premises must be maintained in a clean and tidy state at all times.

110. 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.
111. 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.

112. 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.113. If you are not satisfied with this determination, you may:
114. 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.

115. 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.

116. 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.

117. 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.

118. 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 9600.119. 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.120. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

121. 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.

122. 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.123. 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.

124. Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the Building Code of Australia (BCA):

· Fire safety measures and equipment including hydrant systems, hose reels, portable fire extinguishers, emergency lights, exit signs, smoke hazard management and warning systems, etc.
· Energy efficiency report demonstrating compliance with the BCA.
· Fire resistance levels of all building elements including walls, floors, ceiling, columns, etc.
· Exit travel distances and discharge from the building must demonstrate compliance with the BCA.
· Sound transmission and insulation details.
· Plans must be amended to provide disabled access and sanitary facilities that complies with the BCA and with AS 1428.1- 2009.
· Site Treatment for Termite Risk Management
· Treatment process of Wet Areas.
· Construction of Sanitary Facilities
· Fire Separation and Construction between Occupancies
· Sound Transmission & Insulation between Occupancies.

125. Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. 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. 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. 126. Access and sanitary facilities for persons with disabilities must be provided to the boarding house in accordance with the requirements of the Building Code of Australia and AS1428.1. Details must be submitted with the Construction Certificate application. Should the Council be appointed as the Principal Certifying Authority, an Access report prepared by an Accredited Access Consultant may be required to be submitted with the Construction Certificate application, to provide details and demonstrate compliance with the Building Code of Australia and AS1428.1-2009. All recommendations of the accredited access consultant must be incorporated in the plans to be submitted with the Construction Certificate application127. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours.

* * * * *


DECISION - DAC

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 11/DA-110 for demolition of existing house and construction of a proposed boarding house comprising 19 rooms 1 Hardwicke Street Riverwood, for the following reasons:

1. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development results in privacy and overlooking producing an adverse impact on adjoining properties.

2. Pursuant to the provisions of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the proposed development is unsatisfactory in terms of its bulk, scale and design resulting in a development which is incompatible and out of character with adjoining low rise residential housing.

3. Pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development has attracted submissions from residents concerned about the impact of the development on the locality and loss of amenity.4. Pursuant to the provisions of Section 79C(1)(b) the proposal provides insufficient on-site parking and results in a detrimental impact on surrounding amenity.5. Pursuant to the provisions of Section 79 C(1)(b) the proposal provides inadequate solar access for the rooms in the development.
(Moved Councillor C Hindi / Seconded Councillor V Badalati)





APPENDIX

Company extract - applicant - 1 Hardwick Street Riverwood.pdf
Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 7th September 2011

DAC108-11 PNS - 8 QUEENSBURY ROAD AND 9A AND 11 HAWK STREET, PENSHURST - ALTERATIONS AND ADDITIONS TO THE EXISTING RESIDENTIAL CARE FACILITY INCLUDING NEW TWO STOREY EXTENSION AND CONSOLIDATION OF THE SITE UNDER STATE ENVIRONMENTAL PLANNING POLICY (HOUSING FOR SENIORS AND PEOPLE WITH A DISABILITY) 2004


Applicant

Oreison Pty Ltd

Proposal

Alterations and additions to the existing residential care facility including new two storey extension and consolidation of the site under State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994,
State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004, State Environmental Planning Policy No 55 – Remediation of Land, 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 (OSD) Requirements, Section 4.5 Housing for Seniors and People with a Disability

Hurstville Local Environmental Plan 1994 interpretation of use

Not defined however permissible by virtue of SEPP 2004

Owner/s

Oreison Pty Ltd and Mr Dimitrios Nitsolas and Mrs Gabriela Pirc

Existing development

Dwelling house

Cost of development

$4,960,065.00

Reason for referral to Council

Submissions received to the application and variations to SEPP 2004 and DCP 1

Report author/s

Senior Development Assessment Officer, Ms P Bizimis

File No

10/DA-76:3

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks permission to undertake alterations and additions to the existing residential care facility located at 9a and 11 Hawk Street Penshurst and construct a new two (2) storey extension at 8 Queensbury Road Penshurst including consolidation of the site under State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004.

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 requirements of State Environmental Planning Policy 2004 and Development Control Plan No 1. The non compliances are discussed in the report.

3. The application was notified on two (2) occasions, once when the application was lodged and once when amended plans were received. On the first occasion a petition containing one hundred and five (105) signatures and five (5) individual letters were received objecting to the proposal. On the second occasion, four (4) individual letters were received. The applicant has also submitted one hundred and ninety one (191) letters in support of the application from residents living within Hurstville City. The issues raised in the submissions are detailed in the report.

4. The application was deferred at the Development Assessment Committee meeting of 3 August 2011 for site inspection by Councillors. The inspection will be held on 7 September 2011.


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 3 August 2011 for site inspection by Councillors. The inspection will be held on 7 September 2011.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The proposed development seeks permission to undertake alterations and additions to the existing residential care facility located at 9a and 11 Hawk Street Penshurst including construction of a new two (2) storey extension at 8 Queensbury Road and consolidation of the site under State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004. Specifically the proposed development will include the following:

9A HAWK STREET (EXISTING GRACE WING)

Existing Ground Floor (47 beds and 4 parking bays)

Internal alterations and additions and some external improvements to the existing single storey building including:

* Lounge and dining area combined and enlarged in size (central courtyard reduced)
* Overall plan rearrangement to accommodate more one (1) bedroom ensuite units (overall number of beds to remain at 47)
* Kitchen, staff room and holding room relocated elsewhere and to other wings
* New Director of Nursing and Deputy Director of Nursing administration offices
* New nurse station
* Bathroom wet area renovations
* Main nursing home entry and garden upgrade on Hawk Street side including new canopy roof, entry door, lobby, front garden makeover with new paving, planting, street fencing, street façade upgrade to match proposed new Hope Wing aesthetic
* Conversion of the existing laundry outbuilding to a multi-purpose outdoor room and associated structures, new connecting paved walkway with roof shading over, demolition of existing side of building canopy roofs to make way for new enclosed garden courtyard

11 HAWK STREET (EXISTING FAITH WING)

Existing Basement Car Park Plan (8 parking bays)

* Laundry, including linen store room, enlarged and located to basement car park resulting in one (1) less parking bay
* Lounge and dining area combined and enlarged in size (central courtyard reduced)Existing Ground Floor (11 beds)

* Foyer size enlarged
* Enclosure of undercover level over entry area with glass
* Old sitting room to be a new bedroom and the small Hawk Street balcony and ensuite
* Office and medicine room relocated elsewhere to make the conversion of a bigger and improved combined open plan lounge and dining room possible
* Room partition proposed to create private areas internally, if required
* End of hallway bedroom and ensuite to be relocated to make way for connecting corridor to proposed new Hope Wing

Existing First Floor Plan (14 beds)

* Private sitting room and staff room relocated elsewhere to make the conversion of a bigger and improved combined open plan lounge and dining room possible with direct link established with outside terrace area
* Room partition proposed to create private areas internally, if required
* New connecting corridor adjacent to the end of hallway to establish connection with proposed new Hope Wing8 QUEENSBURY ROAD (PROPOSED HOPE WING EXTENSION) (NEW BUILDING)

* Demolition of the existing house, carport, shed and outbuilding on the site

Proposed Basement Plan

* Five (5) car parking bays including one (1) disability accessible car space with vehicle access from Queensbury Road
* One (1) turning bay provided to ensure vehicles leave site in a forward direction and to allow for deliveries
* New kitchen to service the Hope Wing
* Waste facilities room
* Plant room
* Storage room
* Holding room
* Lift and stair well

Proposed Ground Floor Plan

* Entry lobby through Queensbury Road
* Twelve (12) single bedrooms with associated ensuite and terrace
* Common living and dining room (activities room) with access to outdoor garden and courtyard
* Staff office and clinical room
* Storeroom and linen room
* Lift and stair wellProposed First Floor Plan

* Thirteen (13) single bedrooms with associated ensuite and balcony
* Common living and dining room (activities room) with access to balcony
* Staff office and clinical room
* Storeroom and linen room
* Lift and stairwellProposed Roof Terrace Plan

* Construction of roof garden terrace
* Lift and stairwell

EXPLANATORY INFORMATION

The operator of the site has provided the following explanation of services and operation of the existing site and the proposed development:

Existing 25 bed Faith Wing Proposed new 25 bed wing"
Staff will be added on
PositionAm shiftPm shiftNight ShiftAm shiftPm shiftNight Shift
Registered Nurse1Over see by HC staffOver see by HC staff1Over see by HC staff
Personal Care Assistant22Over see by HC staff221
Recreation Office1
Kitchen Staff1
Cleaning (Kitchen and cleaning staff are not on site at the same time)5 hrs5 hrs
Laundry4 hrs
Education 1 day per week
Special cleaning and handy man1 day per week
DESCRIPTION OF THE SITE AND LOCALITY

The existing aged care facility known as Fairlea Nursing Home is located at 9A and 11 Hawke Street Penshurst. The site has a frontage to Hawk Street of 19.5m and Philip Lane of 55.45m, a site area of 2796sqm and the existing building which is one (1) and two (2) storeys in height has a floor area of 2214sqm (floor space ratio of 0.79:1). The building has seventy two (72) beds for female only residents. Vehicular access to this building is via Hawk Street.

The proposed two (2) storey extension to the existing nursing home will be constructed at 8 Queensbury Road, Penshurst. The site has a width of 15.24m, a site area of 836.1sqm, and has a gentle slope to the rear of the site. Eleven (11) on-site trees are proposed to be removed to accommodate the proposed development, seven (7) of which are not covered under Council’s Tree Preservation Order. Existing on the site is a single storey dwelling with outbuildings.

Adjoining the site on Hawk Street and Phillip Lane are one (1) storey dwelling houses. Adjoining the site on Queensbury Road are two (2) storey dwelling houses. The area surrounding the subject site is characterised by one and two storey residential dwellings.


BACKGROUND

* Fairlea Nursing Home is located at 9A-11 Hawk Street, Penshurst. The existing facility has operated for many years with the most recent addition being the Faith Wing being a low level care residential care facility for 25 beds constructed in 2004 under Development Consent 03/DA-924. The total facility at present provides for 25 low care beds and 47 high care beds. The proposal is to add a further 25 low care beds as a residential care facility and will comprise:
* On 11 March 2010 the subject application was lodged to undertake alterations and additions to the existing Fairlea Nursing Home including a two (2) storey extension at 8 Queensbury Road, Penshurst.
* 15 March 2011 - In response, the applicant submitted amended plans. The amended plans include the following changes made to the development as a result of the above issues:
The amended plans are the subject of this report.


COMPLIANCE AND ASSESSMENT

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The subject site is within zone 2 - Residential and the proposed development is permitted in the zone with the consent of Council by virtue of State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004. The proposed development is consistent with the objectives of the zone.

Clause 11AA – Multiple dwellings for seniors and people with a disability

The provisions of this clause do not apply to the proposed development. The proposed development is not defined as a “multiple dwelling” but a “residential care facility”. “Multiple dwelling” is defined under the Hurstville Local Environmental Plan as:

The Residential Care Facility does not meet this definition. Residential Care Facility is defined in Clause 11 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP 2004) as:

Clause 14 – Tree Preservation Orders

Eleven (11) on-site trees are proposed to be removed to accommodate the proposed development, seven (7) of which are not covered under Council’s Tree Preservation Order. The applicant has submitted an arborist’s report prepared by Earthscape Horticultural Services (dated 9 March 2011) which confirms that the proposed development will not have an impact on the Tree Protection Zone (TPZ) of the trees which are located near the side boundary of the site but within the adjoining site at 6 Queensbury Road. The basement level of the development will not result in an incursion to the TPZ of any of the trees and the tree canopies will also be clear of the drilling rig and therefore they will not require pruning to permit construction of the basement.

Council’s Tree Management Officer has raised no objection to the proposed removal of the trees subject to the recommendations of the arborist’s report being adopted during the development stage.

The applicant has also submitted a Landscape Plan prepared by Tramonte Jensen Registered Landscape Architects which details the proposed landscaping of the site. The plan includes the provision of screen planting to the side and rear boundary and the provision of over 300 plants that grow taller than 2m. The proposed planting of the site is considered to be appropriate and compensates for the four (4) trees to be removed from the site.

Clause 15 – Services

The proposed development can drain to the street as per the existing development. The proposed development has adequate and appropriate facilities for the supply of water and for the removal or disposal of sewage and drainage from the site.

Clause 22 – Excavation, filling of land

Excavation to the site is required to provide the proposed basement level. The basement is located a minimum 1.5m from the side boundaries of the site and 4m from the side boundary and 6m from the rear boundary where the adjoining trees are located. The excavation to the subject site is unlikely to result in adverse impacts on the adjoining developments. Appropriate conditions of consent to any consent granted would require the provision of a dilapidation report prior to and following construction.

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 (HOUSING FOR SENIORS OR PEOPLE WITH A DISABILITY) 2004 (SEPP 2004)

SEPP 2004 applies to the proposed development. The proposed development complies with the relevant requirements of the SEPP as follows.
COMPLIANCE TABLE
SEPP HOUSING FOR SENIORS OR PEOPLE WITH A DISABILITY 2004
ClauseItemStandardProposedComply
2(1)(a)
Aim
Increase supply and diversity of housing that meets the needs of older people or people with a disability.Setting aside local planning controls that would prevent development of housing for seniors or people with a disability that meets the development criteria and standards specified in the this PolicyThe proposal increases the supply of nursing home accommodationYes
2(1)(b)
Aim
Make efficient use of existing infrastructure and services.Setting out design principles that should be followed to achieve built form that responds to the characteristics of its site and formProposal responds to siteYes
2(1)(c)
Aim
Be of good designEnsuring that applicants provide support services for seniors or people with a disability for developments on land adjoining land zoned primarily for urban purposes.Proposal is considered to be of a good designYes
4(1)Policy applies to land within NSW.Zoned primarily for residential purposes or that adjoins land zoned primarily for urban purposes but only if:
(a) development for the purposes of any of the following is permitted on the land:
i) dwelling houses.
ii) residential flat building.
iii) hospitals.
iv) development of a kind identified in respect of land zoned as special uses, including (but not limited to) churches, convents, educational establishments, schools and seminaries or
(b) the land is being used for the purposes of an existing registered club
The subject site is zoned 2 residential which permits uses i) to iii) Yes
7(1)Suspension of certain covenants.For the purposes of enabling development to be carried out in accordance with this policy any agreement or covenant imposing restrictions on any such development …… does not apply to the development.No CovenantYes
10Seniors HousingIn this Policy, seniors housing is residential accommodation that is, or is intended to be, used permanently for seniors or people with a disability consisting of:
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
but does not include a hospital.
Note: The concept of seniors housing is intended to be a shorthand phrase encompassing both housing for seniors and for people with a disability. This Policy deals with both kinds of housing.
Accommodation provided by seniors housing does not have to be limited to seniors or people with a disability. Clause 18 provides that seniors housing may be used for the accommodation of the following:
      (a) seniors or people who have a disability,
      (b) people who live within the same household with seniors or people who have a disability,
      (c) staff employed to assist in the administration of and provision of services to housing provided under this Policy.
The proposed development is defined as a “residential care facility” Yes
11Residential care facilitiesIn this Policy, a residential care facility is residential accommodation for seniors or people with a disability that includes:
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hostel, hospital or psychiatric facility.
The proposed development meets the definition of “residential care facility”Yes
CHAPTER 3Development for seniors housing
15This Chapter allows the following development despite the provisions of any other environmental planning instrument if the development is carried out in accordance with this Policy:
(a) development on land zoned primarily for urban purposes for the purpose of any form of seniors housing, and
(b) development on land that adjoins land zoned primarily for urban purposes for the purpose of any form of seniors housing consisting of a hostel or a residential care facility or serviced self-care housing..
Land is zoned for residential purposesYes
18Restrictions on occupation of seniors housing allowed under Chapter 3(1) Development allowed by this Chapter may be carried out for the accommodation of the following only:
(a) seniors or people who have a disability,
(b) people who live within the same household with seniors or people who have a disability,
(c) staff employed to assist in the administration of and provision of services to housing provided under this Policy.
(2) A consent authority must not consent to a development application made pursuant to this Chapter unless:
(a) a condition is imposed by the consent authority to the effect that only the kinds of people referred to in subclause (1) may occupy any accommodation to which the application relates.
(b) the consent authority is satisfied that a restriction as to user will be registered against the title of the property on which development is to be carried out, in accordance with Section 88E of the Conveyancing Act 1919, limiting the use of any accommodation to which the application relates to the kinds of people referred to in subclause (1).
(3) Subclause (2) does not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.
(1)The development will be occupied by persons in group (a) –(b)


(2)The development is clearly a residential care facility, however an appropriate condition of consent will be attached to any consent granted
Yes
21SubdivisionLand on which development has been carried out under this Chapter may be subdivided with the consent of the consent authority.Consolidation of the site is proposed onlyYes
26
Site related requirements
(1 & 2) Location, facilities and support services.

Residents of the proposed development will have access that complies with subclause (2) to:
(a) Shops banks and other retail and commercial services that residents may reasonably require and
(b) community services and recreation facilities and
(c) the practice of a general medical practitioner.
Access complies if:
(a) the facilities and services referred to in subclause (1) are located at a distance of not more than 400 metres from the site of the proposed development and the overall average gradient for the pathway is no more than 1:14, although the following gradients along the distance are also acceptable:
(i) a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time,
(ii) a gradient of no more than 1:10 for a maximum length of 5 metres at a time,
(iii) a gradient of no more than 1:8 for short distances of no more than 1.5 metres at a time, or
(b) in the case of a proposed development on land zoned primarily for urban purposes in a local government area within the Sydney Statistical Division—there is a public transport service available to the residents who will occupy the proposed development:
(i) that is located at a distance of not more than 400 metres from the site of the proposed development, and the distance is accessible by means of a suitable access pathway, and
(ii) that will take those residents to a place that is located at a distance of not more than 400 metres from the facilities or services referred to in subclause (1), and
(iii) that is available both to and from the proposed development at least once between 8am and 12pm per day and at least once between 12pm and 6pm each day from Monday to Friday (both days inclusive), and the gradient along the pathway from the site to the public transport services (and from the public transport services to the facilities and services referred to in subclause (1) complies with subclause (3)
(3) For the purposes of subclause (2) (b) and (c), the overall average gradient along a pathway from the site of the proposed development to the public transport services (and from the transport services to the facilities and services referred to in subclause (1)) is to be no more than 1:14, although the following gradients along the pathway are also acceptable:
(i) a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time,
(ii) a gradient of no more than 1:10 for a maximum length of 5 metres at a time,
(iii) a gradient of no more than 1:8 for distances of no more than 1.5 metres at a time.
(4) For the purposes of subclause (2):
(a) a suitable access pathway is a path of travel by means of a sealed footpath or other similar and safe means that is suitable for access by means of an electric wheelchair, motorised cart or the like, and
(b) distances that are specified for the purposes of that subclause are to be measured by reference to the length of any such pathway.
(5) In this clause:
bank service provider means any bank, credit union or building society or any post office that provides banking services.
The site meets the requirements as an addition to the existing residential care facility which met these requirements under previous development consents.Yes
28Water and sewer(1) A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewage.
(2) If the water and sewerage services referred to in subclause (1) will be provided by a person other than the consent authority, the consent authority must consider the suitability of the site with regard to the availability of reticulated water and sewerage infrastructure. In locations where reticulated services cannot be made available, the consent authority must satisfy all relevant regulators that the provision of water and sewerage infrastructure, including environmental and operational considerations, are satisfactory for the proposed development.
Water and sewerage services availableYes
30Site analysis(1) A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the applicant has taken into account a site analysis prepared by the applicant in accordance with this clause.
(2) A site analysis must:
(a) contain information about the site and its surrounds as described in subclauses (3) and (4), and
(b) be accompanied by a written statement (supported by plans including drawings of sections and elevations and, in the case of proposed development on land adjoining land zoned primarily for urban purposes, an aerial photograph of the site):
(i) explaining how the design of the proposed development has regard to the site analysis, and
(ii) explaining how the design of the proposed development has regard to the design principles set out in Division 2.
A site analysis has been provided and is appropriateYes
32Design of residential developmentA consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the proposed development demonstrates that adequate regard has been given to the principles set out in Division 2.See belowSee below
DESIGN PRINCIPLES
33Neighbourhood amenity and streetscapeThe proposed development should:
(a) recognise the desirable elements of the location's current character (or, in the case of precincts undergoing a transition, where described in local planning controls, the desired future character) so that new buildings contribute to the quality and identity of the area, and
(b) retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and
(c) maintain reasonable neighbourhood amenity and appropriate residential character by:
(i) providing building setbacks to reduce bulk and overshadowing, and
(ii) using building form and siting that relates to the site's land form, and
(iii) adopting building heights at the street frontage that are compatible in scale with adjacent development, and
(iv) considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours, and
(d) be designed so that the front building of the development is set back in sympathy with, but not necessarily the same as, the existing building line, and
(e) embody planting that is in sympathy with, but not necessarily the same as, other planting in the streetscape, and
(f) retain, wherever reasonable, major existing trees, and
(g) be designed so that no building is constructed in a riparian zone.
The proposed development is considered to be appropriate in built form and in terms of setbacks and height. The Landscape Plan submitted with the application shows appropriate planting to the site. There are no heritage items or heritage conservation areas in the vicinity of the site.Yes (1)
34Visual and acoustic privacyThe proposed development should consider the visual and acoustic privacy of neighbours in the vicinity and residents by:
(a) appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and
(b) ensuring acceptable noise levels in bedrooms of new dwellings by locating them away from driveways, parking areas and paths.
Note: The Australian and New Zealand Standard entitled AS/NZS 2107–2000, Acoustics—Recommended design sound levels and reverberation times for building interiors and the Australian Standard entitled AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction, published by Standards Australia, should be referred to in establishing acceptable noise levels.
Privacy impacts addressed through the provision of 1.8m high fixed privacy screens to balconies. No acoustic issues as per acoustic report submitted with the application.Yes (2)
35Solar access and design for climateThe proposed development should:
(a) ensure adequate daylight to the main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and
(b) involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation solar heating and lighting by locating the windows of living and dining areas in a northerly direction.
Note: AMCORD - A National Resource Document for Residential Development, 1995, may be referred to in establishing adequate solar access and dwelling orientation appropriate to the climatic conditions.
The proposed development will overshadow part of the north west elevation and part of the principle ground level private open space area of 6 Queensbury Road from 12noon onwards on June 21. This however complies with the AMCORD standards relating to private open spaceYes
36StormwaterThe proposed development should:
(a) control and minimise the disturbance and impacts of stormwater runoff on adjoining properties and receiving waters by, for example, finishing driveway surfaces with semi-pervious material, minimising the width of paths and minimising paved areas, and
(b) include, where practical, on-site stormwater detention or re-use for second quality water uses.
The proposed development will drain to the street in accordance with Council’s requirementsYes
37Crime preventionThe proposed development should provide personal property security for residents and visitors and encourage crime prevention by:
(a) site planning that allows, from inside each dwelling, general observation of the street, the site and the approaches to the dwelling's entry, and
(b) where shared entries are required, providing shared entries that serve a small number of dwellings and that are able to be locked, and
(c) providing dwellings designed to allow residents to see who approaches their dwellings without the need to open the front door.
The proposed development is security controlledYes
38AccessibilityThe proposed development should:
(a) have obvious and safe pedestrian links from the site that provide access to public transport services or local facilities, and
(b) provide attractive, yet safe, environments for pedestrians and motorists with convenient access and parking for residents and visitors.
Existing and proposed access meets these requirementsYes
39Waste managementThe proposed development should be provided with waste facilities that maximise recycling by the provision of appropriate facilities.Appropriate waste facilities have been providedYes
Part 4Development standards to be complied with
40Development standards – minimum sizes and building height.


height” in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point
(1) General
A consent authority must not consent to a development application made pursuant to this Chapter unless the proposed development complies with the standards specified in this clause.

(2) Site size
The size of the site must be at least 1,000 square metres.



(3) Site frontage
The site frontage must be at least 20 metres wide measured at the building line.



(4) Height in zones where residential flat buildings are not permitted
If the development is proposed in a residential zone where residential flat buildings are not permitted:
(a) the height of all buildings in the proposed development must be 8 metres or less, and
(b) a building that is adjacent to a boundary of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) must be not more than 2 storeys in height, and
Note: The purpose of this paragraph is to avoid an abrupt change in the scale of development in the streetscape.
(c) a building located in the rear 25% area of the site must not exceed 1 storey in height.

(5)Development applications to which clause does not apply
Subclauses (2), (3) and (4) (c) do not apply to a development application made by any of the following:
(a)the Department of Housing
(b)any other social housing provider
(2)Consolidated site will be greater than 1,000sqm (3632.1sqm)

(3)The consolidated site frontage is greater than 20m however the Queensbury Road site is 15.24m

(4)Residential Flat Buildings are permissible therefore not applicable
Yes



Yes





No (3)
Division 2Residential care facilitiesStandards concerning access and usability
Note: Development standards concerning access and usability for residential care facilities are not specified in this Policy. For relevant standards, see the Commonwealth aged care accreditation standards and the Building Code of Australia.BCA Report provided with the application which identifies compliance and existing site licensed and meets the requirements of the Aged Care Act 1997. Yes
Part 7Development standards which cannot be used as grounds to refuse consent
46Inter-relationship with design principles in Part 3(1)Nothing in this Part permits the granting of consent to a development application made pursuant to this Chapter if the consent authority is satisfied that the proposed development does not demonstrate that adequate regard has been given to the principles set out in Division 2 of Part 3.
Note: It is considered possible to achieve good design and achieve density ratios set out in Division 2. Good design is critical to meriting these density ratios.
(2)For the avoidance of doubt, nothing in this Part limits the matters to which the Director-General may have regard in refusing to issue a site compatibility certificate.
NotedAdequate regard has been given to principles in Division 2 – see below
Division 2Residential care facilities
48Development standards which cannot be used as grounds to refuse consent for residential care facilities
landscaped area” means that part of the site which is not occupied by any building and includes so much of that part as is used or to be used for swimming pools or open-air recreation facilities but does not involve so much of that part as is used or to be used for driveways, parking areas or drying yards.
A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a residential care facility on any of the following grounds:
(a) building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys), or
(b) density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less
(c) landscaped area: if a minimum of 25 square metres of landscaped area per residential care facility bed is provided (72 beds existing and 25 proposed total 97 beds requirement therefore 2425sqm. Existing approval for 72 beds is 906sqm or 12.6sqm per bed)
(d) parking for residents and visitors: if at least the following is provided:
(i)1 parking space for each 10 beds in the residential care facility (or 1 parking space for each 15 beds if the facility provides care only for persons with dementia), and
(ii) 1 parking space for each 2 persons to be employed in connection with the development and on duty at any one time, and
(iii)1 parking space suitable for an ambulance.



Note: The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.
(a)Building height 8m or less




(b)The floor space ratio of the consolidated site is 0.87:1
(c)Provided 1258sqm of landscaped area utilising the roof area of the proposal (13sqm per bed).

(d)15 spaces required and 16 spaces provided in total for entire development
(11 existing spaces approved under previous development consent for existing development and 4 required for proposed development).
Ambulance space provided.
Yes (4)





Yes



No (5)






Yes
(1) Neighbourhood amenity and streetscape


It is considered that the proposed development is consistent with the requirements relating to neighbourhood amenity and streetscape. The height of the proposed development and front, side and rear setbacks are compatible with those required for two (2) storey dwelling houses. The proposed development has a height of two (2) storeys and when viewed from the street is consistent with the existing streetscape which is characterised by one (1) and two (2) storey dwelling houses. The overshadowing cast by the proposed development complies with the requirements of the SEPP and Council’s Development Control Plan No 1 and in this regard the amenity of the adjoining developments is not compromised in terms of solar access.

(2) Visual and acoustic privacy

The proposed development has eight (8) terraces on the ground floor and ten (10) balconies on the first floor which form the private open space of eighteen (18) rooms of the development. There is also a large window proposed on the rear first floor elevation and a roof terrace. In response to issues raised regarding potential privacy impacts, the applicant has provided 1.8m high privacy screens to the first floor balconies and a privacy screen to the entire first floor rear window. The privacy screens comprise fixed vertical louvres. The roof terrace is located in the centre of the roof with a non trafficable area around the terrace and 1.1m high balustrading and planter boxes around the perimeter of the terrace. This results in views from the terrace being outwards and long distance and not down to adjoining developments.

The provision of these measures will reduce any overlooking into adjoining developments and as such the proposed development is unlikely to have an adverse impact on the adjoining developments in terms of overlooking.

The applicant has provided an acoustic report prepared by Acoustic Logic (dated 8 March 2011) which assesses the proposed development in terms of noise generation. The report makes the following Noise Emission Assessment (in summary):

Comment: Based on the conclusion of the acoustic report the proposed development is unlikely to have an adverse impact on the amenity of the adjoining developments in terms of noise. The report does however recommend that certain measures be implemented to reduce noise from mechanical plant and equipment such as the garage door.

The acoustic report was available for inspection during the notification period. Submissions received to the application questioned the acoustic report in that the acoustic report “did not accurately reflect the true position of existing noise at Fairlea Nursing Home and therefore was not valid for modelling the total noise environment around the expanded operation”. As such the existing noise problem would be exacerbated. It was recommended in the submission that Council engage another noise consultant to peer review the acoustic report.

It was not considered appropriate for Council to engage a noise consultant to peer review the acoustic report. The acoustic consultants, Acoustic Logic, who prepared the report were asked to respond to the issues raised in the submission. In response the following was submitted:

Comment: Based on the information submitted by the acoustic consultant, it is considered that the proposed development will not have adverse impacts on the adjoining developments in terms of noise subject to the recommendations of the acoustic report being implemented. There is no reason to question the validity of the acoustic report. The acoustic consultant has readily provided a response to the issues raised in the submissions and has detailed the measures that have to be taken to reduce any noise impacts from mechanical plant and equipment.

(3) Development Standards - Site frontage

SEPP 2004 requires that the subject site has a minimum site frontage of 20m at the street frontage for the proposed development, however, the SEPP does not preclude Council from considering a development with a lesser frontage. The existing nursing home has a continuous frontage to Hawke Street of 19.5m and Philip Lane of 55.45m which is in excess of the 20m required by the SEPP. 8 Queensbury Road has a width of 15.24m which does not meet the requirement of the SEPP however it is proposed to consolidate the site into one (1) allotment as part of this application which will result in one (1) integrated development.

The proposed building at 8 Queensbury Road has been designed such that there is a continuous link on the ground floor and first floor with the existing nursing home and as such there is no provision for the new wing to operate independently of the existing development. The new wing does have an entry foyer and basement which is accessed from 8 Queensbury Road. It is reasonable to expect that employees to the new wing can have pedestrian and vehicle access from Queensbury Road without going through the existing development. This will also ensure that not all vehicular and pedestrian activity relating to the development will be concentrated on Hawk Street and Phillip Lane. The applicant has indicated that all visitors will be accepted via the Hawk Street entrance only. Given the above reasons, it is considered that a variation to the site frontage requirement is acceptable.

(4) Development Standards - Building height

The proposed development is two (2) storeys in height and has an overall height of less than 8m. The roof terrace is accessed by stairs and a lift which are housed within an enclosure. Although the portion of the building where the stair/lift enclosure is located has a height of approximately 9.5m, the development achieves compliance with the SEPP requirements. The SEPP defines “height” as:

The stair/lift enclosure is not considered a “floor” of the building for the purposes of calculating height and as such the proposed development meets the height requirement of the SEPP.

(5) Development Standards - Landscaped area

The SEPP does not prescribe a minimum landscape requirement, rather specifies that Council cannot refuse an application on landscaped area grounds if the provision of 25sqm of landscaped open space per bed is provided. Using this calculation, the facility will require 625sqm of landscaped open space.

The applicant’s planning consultant has provided the following statement in support of the variation:

Comment: The applicant’s planning consultant is correct in saying that the SEPP identifies 25sqm of open space be provided per bed not as a requirement, but for the purposes of it not being a reason for refusal of the application if this figure is met. As such the SEPP does not identify an amount of private open space that must be provided to the development, but rather the scale of the development is determined by the maximum floor space ratio and height.

The provision of 625sqm for the proposed development is unrealistic and unachievable. Given that the site at 8 Queensbury Road has a site area of 836.1sqm, it would mean that 74.8% of the site would be landscaped open space. The proposed development is for an aged care facility and the residents of the facility are unlikely to partake in outdoor activities that would require large spaces of open space. The primarily use of open space would be for passive recreation purposes such as sitting in the sun, reading, playing board games, knitting etc. The provision of private terraces to eight (8) ground floor rooms and balconies to ten (10) first floor rooms allows these residents to have a private open space they can utilise. The provision of a ground floor courtyard, first floor balcony, and roof terrace provides appropriate communal open space for the residents. As such it is considered that the proposed landscaped open space area is sufficient and functional.

2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments applicable to this application.

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 StandardExisting/ProposedComplies
Nursing Homes: 1 space per 10 beds plus 1 space per 2 employees (97 beds proposed and 11 staff at any one time)15 spaces (11 car spaces required for existing development under previous consents and 4 required for proposed development)16 spacesYes
As can be seen from the table above, the proposal complies with Section 3.1.


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

The proposed development provides facilities and access to and within the proposed development for people with a disability in accordance with the requirements of Development Control Plan No 1 and other relevant legislation.


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

Section 3.4 StandardProposedComplies
FencingAllows natural surveillance to streetYesYes
Blind CornersTo be avoidedNo blind corners evidentYes
Communal AreasProvide opportunities for natural surveillanceNatural surveillance available to communal areasYes
EntrancesClearly visible and not confusingEntrances to the site are visible Yes
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 windowsYes
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
These requirements can be conditions of consent Yes, subject to conditions of consent
Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
These requirements can be conditions of consent Yes, subject to conditions of consent
SecurityMain entrances to multi-unit development utilise intercom and code/card locks for main entrance/car parkDevelopment has security accessYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipOwnership impliedYes
As can be seen from the table above, the proposal complies with Section 3.1.


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

The proposed development meets the solar access requirements of Development Control Plan No 1 in that the principal area of ground level private open space of the adjoining development will receive at least 3 hours solar access between 9am and 3pm on 21 June.

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

The proposed development can dispose stormwater in accordance with the requirements of Section 3.7.

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

A Waste Management Plan has been submitted with the development application which meets the requirements of Development Control Plan No 1. The location of waste facilities within the basement level and in an enclosed area on ground level is considered to be appropriate.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.5 HOUSING FOR SENIORS AND PEOPLE WITH A DISABILITY

The requirements of SEPP 2004 prevail over those in Development Control Plan No 1. The requirements relating to setbacks however are silent in the SEPP and as such the requirements of Development Control Plan No 1 apply as follows.

Section 4.5 StandardProposedComplies
Front setback6m5.855m – 12.5mNo (1)
Side setback to all external walls1.5m1.5m minimumYes
Rear setback to all external walls1.5m6m minimumYes
(1) Front setback


The front setback of the proposed development in Queensbury Road varies from 5.855m to 12.5m. The 5.855m is primarily the front setback of the development (for approximately two-thirds of the facade) with the 12.5m frontage relating to a third of the façade which adjoins the basement entry point and 6 Queensbury Road.

The 5.855m front setback is marginally less than the 6m required by Development Control Plan No 1. The front setback of the development is however consistent with the varying front setbacks of developments in Queensbury Road. The two (2) storey dwelling adjoining the site at 10 Queensbury Road has a setback of 4.5m whilst the two (2) storey dwelling adjoining the site at 6 Queensbury Road has a front setback of 8m. As such the front setback of the proposed development is not inappropriate and the minor variation sought is supported.

4. Impacts

Natural Environment

It is unlikely that the proposed development will have any adverse impact on the natural environment. Four (4) on site trees 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 Landscape Plan submitted with the application proposes the planting of over three hundred (300) plants to the subject site which is considered to compensate for the removal of the four (4) on site trees.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment. The proposed development has a built form which when viewed from the street is similar in scale to a two (2) storey dwelling in terms of height and setbacks. The scale of the proposed development is reflective of its proposed use as an aged care facility. Any anticipated privacy impacts have been addressed through the provision of privacy screens and window treatment. In this regard it is unlikely that the proposed development will adversely impact the adjoining development in terms of overlooking.

Social Impact

The proposed development is unlikely to have any adverse social impacts. The proposed development is permissible in the zone by virtue of State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 and in this regard the State Government has identified a need for such uses within residential zones. The applicant has also submitted that the provision of female only cultural specific nursing care is in high demand. As such the proposed development will have a positive impact in terms of its provision of specific nursing care.

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

The application was notified on two (2) occasions, once when the application was lodged and once when amended plans were received. On the first occasion a petition containing one hundred and five (105) signatures and five (5) individual letters were received objecting to the proposal. On the second occasion, four (4) individual letters were received. The applicant has also submitted one hundred and ninety one (191) letters in support of the application from residents living within Hurstville city. The issues raised in the submissions are as follows:

Privacy Impacts

Privacy impacts from rooftop terrace and balconies.

Comment: The issues raised by residents regarding privacy impacts have been addressed in the report above. In summary, it is considered that the proposed development is unlikely to result in privacy impacts to adjoining developments as the proposed balconies have 1.8m high privacy screens, the roof terrace has balustrades and is located in the centre of the roof which result in any views from the terrace being out and not down to adjoining properties.

Noise Impacts

Noise impacts from machinery and plant such as air conditioning unit, waste management trucks, noise from staff changing shifts, and human noise which will be exacerbated with the introduction of more residents. The residents with dementia do not understand that surrounding residents neighbours rights for quiet especially at night. The acoustic report submitted with the application is not correct as the noise measurements carried out were conducted in a location remote of any open verandahs and it is unlikely any windows were open. The test was not representative of the noise levels that would be experienced with the proposed development.

Comment: The applicant has submitted a noise assessment report which has been discussed in the report above. The noise report concludes that the proposed development is unlikely to have adverse noise impacts on adjoining developments from the residents but does recommend measures be implemented to pant and machinery such as the garage door.

Increase in Traffic

Increased traffic through Queensbury Road to access the car park. On street car spaces will also be reduced as staff and visitors park in the street

Comment: The proposed development will increase traffic to the site when compared to a single dwelling house. It is considered however that the traffic generated by the development is unlikely to adversely impact the amenity of adjoining developments. The proposed basement car parking area accommodates five (5) car spaces and a loading/unloading area. As such the vehicles generated to this part of the development is minimal and unlikely to disrupt adjoining developments. The onsite car parking spaces comply with the requirements of SEPP 2004.

Amenity

The quiet area will be disrupted with a commercial use which continues to expand.

Comment: The proposed development is permissible in the zone by virtue of SEPP 2004. As such the State Government has identified that developments such as that proposed, are appropriate for the residential area. There is no statutory limit on how many sites a development can expand into but the development is subject to the relevant requirements in terms of bulk and scale.

Discrimination

The target market is aimed at the Chinese community which is discrimination.

Comment: The information submitted by the applicant indicates that there is a high need for aged care services specifically for Chinese females. Although the applicant has targeted this group due to the high demand, it does not offer the service only to this group. The subject premises is funded by the Federal Government and it is assumed that if there was an issue with the group targeted by the operator it was have implications on the funding and licensing of the premises.

Minimum Frontage

The development does not have the minimum frontage required under SEPP 2004

Comment: The issue regarding the site frontage has been addressed previously in this report.

Building Footprint

The proposed development has a large footprint (more than 75% of the site area). This is excessive for what is meant to be a residential area. The building will require the removal of many trees from the site and effect trees that will be retained.

Comment: The proposed development complies with the floor space ratio and height requirements of SEPP 2004. It is proposed to remove trees from the subject site to accommodate the proposed development however there is replacement planting proposed which will compensate for the trees removed. The arborist’s report submitted with the application concludes that the existing trees to be retained (within the site and adjoining sites) will not effected by the proposed development.

Side Setbacks

The proposed side setbacks are unacceptably close to the side boundary and the plans have been incorrectly drawn in order to be misleading.

Comment: The side setbacks of the proposed development comply with the requirements of Development Control Plan No 1 as detailed in the report above.

Overshadowing and Airflow

The proposed development will overshadow the adjoining developments and block the airflow to adjoining developments.

Comment: The proposed development complies with the solar access requirements of SEPP 2004 and Development Control Plan No 1 as detailed in the report above. The proposed development complies with the floor space ratio and height requirements of SEPP 2004 and has setbacks which are consistent with single dwelling houses. As such it is unlikely that the proposed development will restrict airflow to adjoining developments.

Rainwater Runoff

Rainwater runoff will affect adjoining developments as there is current runoff to adjoining sites.

Comment: The proposed development can drain to the street in accordance with Council’s requirements. Council’s Manager - Development Advice has examined the proposal and raises no objection to the drainage of the site subject to conditions o consent being attached to any consent granted.

Sewerage System

There is no reference to the sewerage system with the proposed development resulting in addition strain to the sewerage system.

Comment: The sewerage system is regulated by Sydney Water. Should consent be granted, the applicant is required to obtain a Section 73 Certificate from Sydney Water with regards to water and sewerage services for the site.

Resale Value of Surrounding Properties

The proposed development will reduce the resale value of surrounding properties.

Comment: There is no evidence to prove or refute the claim that the resale value of developments will be reduced as a result of the proposed development. The proposed development is permissible in the zone and can therefore be considered by Council.

Amenity during Building Works

Building works will disrupt the privacy of surrounding developments. The works will also result in removal of adjoining fences and encroachment onto adjoining developments.

Comment: Should consent be granted, it is likely that there will be some disruption to residents from the noise and activity relating to the construction phase of the development. The construction of the development is regulated by conditions of consent which identify the permissible construction hours and site conditions. The developer is required to provide a fence to the perimeter of the site so to isolate the site from adjoining developments and the public. The developer is not permitted to encroach or enter adjoining sites without the consent of the relevant land owner.

Council Referrals

Tree Management Officer

The application was referred to Council’s Tree Management Officer who raised no objection to the proposed development subject to the recommendations of the arborist’s report being adopted.

Senior Environmental Health and Building Surveyor

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

Manager - Development Advice

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.

Manager – Environmental Services

Council’s Manager – Environmental Services has raised no objection to the development in terms of waste facilities subject to conditions of consent being attached to any consent granted.

Environmental Health Officer

Council’s Environmental Health Officer 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 undertake alterations and additions to the existing residential care facility located at 9a and 11 Hawk Street Penshurst including a new two (2) storey extension at 8 Queensbury Road Penshurst, and consolidation of the site. The proposed development is subject to the requirements of State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004.

The proposed development has been assessed against the relevant planning instruments and Development Control Plans and does not comply with all the relevant requirements. The variations to the requirements have been discussed in the report and are support. Submissions were received to the application and it is considered that the issues raised in the submissions have been addressed through amendments made to the design of the development and through conditions of consent.

The proposed development is considered to be a use with is in high demand and as such will make a positive contribution to the area in terms of providing aged care services. Accordingly the application is recommended is supported and 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-76 for alterations and additions to the existing residential care facility including new two storey extension and consolidation of the site under State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 on Lots A and B DP 406076 and Lot 15 DP 8266 and known as 9A and 11 Hawke Street and 8 Queensbury Road Penshurst, 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.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. 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.

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
7. ZC1 - 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."

8. HOl - Hoardings

(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.

9. 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.

10. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
11. 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.

12. 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 balustrade to the first floor balcony on the rear elevation of the building being a minimum 1.5m high from the finished floor level of the balcony. The balustrade is to be of a material that can not be seen through such as translucent glazing. This condition has been attached to reduce any privacy impacts on adjoining developments.
(b) The recommendations of the DA Acoustic Assessment prepared by Acoustic Logic (dated 8 March 2011) being implemented in the development. Any changes required to the approved development as a result of the recommendations is to be reflected in the construction certificate plans prior to the release of the Construction Certificate.

13. 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.14. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:
15. 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.

16. 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
(h) retaining walls
(i) stabilizing works

17. 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.18. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:
19. 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, 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.

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

(d) Rock breaking techniques. Rock excavation is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures.

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

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

21. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.

22. SM2 - Vibration damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw.

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

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. 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.28. 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% 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.

29. DR14 - The underground basement car park must pump to Council’s kerb and gutter. All other stormwater must drain by gravity to Council's kerb and gutter.

30. FP3 - Trade Waste - A Trade Waste Agreement with Sydney Water must be obtained. If no trade waste agreement or grease trap is required, a letter from Sydney Water is to be submitted to Council to this effect. A copy of the Trade Waste Agreement or letter to Council shall be provided before the issue of the Construction Certificate.31. 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.

32. 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.

33. 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.

34. 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:

35. 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.

36. 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.

The following condition only applies to developments where overhead low voltage mains are to be placed underground, within the Hurstville CBD area.

37. PU8 – The electricity supply to the subdivision must be underground.

38. PU9 - For all developments in the Hurstville CBD the developer shall be responsible for the payment of the full cost of undergrounding low voltage cables adjacent to the development; and the provision of conduits only for the future undergrounding of high voltage cables

39. PU10 - For all commercial/industrial and medium high density residential developments elsewhere in the City, the developer shall be responsible for :

(a) providing conduits for the future undergrounding of low voltage cables; and
(b) providing the connection to future underground supply to the development.

40. 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.

41. 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.

42. 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.43. Acoustic Certification of Mechanical Plant & Equipment - The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must be accompanied by a certificate from a professional engineer (acoustic engineer) certifying that any mechanical plant and equipment associated with this development will not exceed the background noise level when measured at any boundary of the site. Where sound attenuation is required this must be detailed.
44. Food Premises – Construction Certificate Plans & Specifications - The person with the benefit of this consent must submit to Council details for the construction and fit out of food premises. Such details must demonstrate compliance with the Food Act 2003, Food Regulation 2010; the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674-2004: Construction and fit out of food premises.
45. Waste Facility – Food Premises - The person with the benefit of this consent must submit to Council details for the construction and fit out of the waste facility of the food premises. Such details must demonstrate compliance with the Food Act 2003, Food Regulation 2010; the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674-2004: Construction and fit out of food premises and must be:

a) provided with a hose tap connected to the water supply;
b) provided with a slurry sink for the disposal of dirty water;
c) paved with impervious floor materials;
d) coved at the intersection of the floor and the walls;
e) graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water);
f) adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997;
g) fitted with appropriate interventions to meet fire safety standards in accordance with the Building Code of Australia.

46. Trade Waste – Food Premises - The person with the benefit of this consent must obtain and submit to Council details of a Trade Waste Agreement with Sydney Water before the issue of the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water is to be submitted to the accredited certifier to this effect.

47. 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

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

49. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council: 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.

50. 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.

51. 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.

52. 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.53. 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.54. 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. 55. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:
56. 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.57. Details as to the method of supporting the excavation adjacent to neighbouring premises must be submitted to the certifying authority prior to commencement of work. 58. A noise report prepared by a practising Acoustical Consultant (who is a member of either the Australian Acoustical Society, or the Association of Australian Acoustical Consultants), upon finalisation of the design of the mechanical ventilation equipment required to service the development, must be submitted to the principal certifying authority appointed for the erection of the building prior to commencement of work verifying that any noise emission from the building does not exceed the background level in any octave band from 63.0Hz centre frequencies inclusive at the boundaries of the site by more than 5dB(A). Such noise assessment must also include any ameliorative measures, if required, to ensure compliance with this condition. 59. The recommendation of the Arboricultural Assessment Report prepared by Earthscape Horticultural Services (dated February 2010 as amended 9 March 2011 is to be adopted prior to the commencement of work on the site. The tree protection measures are to be installed prior to the commencement of any work on the site and maintained until the completion of work.
60. 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: (b) All inspections necessary to determine that the appropriate conditions attached to this consent have been complied with, and
(c) All inspections necessary to determine that the requirements of the Building Code of Australia are being met.61. 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.

62. 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.

63. 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.

64. 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.

65. 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.

66. 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.

67. MI25 - Balcony Drainage - The floors of the balconies must be graded and drained to a grated inlet and connected to the stormwater drainage system.

68. ZC2 - Only signage that is exempt under Council's Development Control Plan or has consent from Council may be affixed to the building. All signage must comply with Council's Development Control Plan. In particular:
69. 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.

70. 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.

71. 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.

72. 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.

73. 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

74. PV1 - Linemarking and Numbering - All car parking spaces are to be sealed, graded, drained, clearly linemarked, and numbered.

75. 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.

76. 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.

77. 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.78. LA5 - Wheel Stops - The developer must install wheel stops to all parking spaces fronting landscape beds.79. LA6 - Common Taps - The developer must provide a common tap/taps or an irrigation system to enable all landscape works to be adequately watered.80. 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.81. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 82. 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.83. 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.84. Geotextile fabric screens or similar measures erected to prevent sediment from the site, including deposited loads of sand or fill, being washed onto the road or any adjoining properties must be kept in place until completion of the building.
85. During bulk excavation the site is to be watered at intervals as are necessary to eliminate wind blown dust being emitted from the site and to ensure there is no nuisance caused to the public/adjoining landowners. 86. Mud or clods of dirt must be scraped or removed from the wheels of trucks prior to such vehicles leaving the site during excavation works. 87. Only clean water is permitted to be pumped from the site onto Council’s roadways or into the street drainage system. Note: The pumping of muddy or silt laden water is an offence under the Roads Act General Regulations. 88. The drainage system installed to drain groundwater and stormwater from the site during excavation of the basement levels must not be connected to any of Council’s under-road drainage systems, i.e. the discharge pipe from any temporary pump out pit and sedimentation/ silt trap must be directed to Council’s above-road kerb and gutter drainage system in Queensbury Road.
89. 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.

90. 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.

91. 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.92. Food Premises – Construction & Fit out - The principal contractor or owner builder must ensure that all construction and fit-out of the food premises complies with the details for the food premises submitted to and considered satisfactory by Council's Environmental Health Officers but no less compliant than with the Food Act 2003, Food Regulation 2010; the Food Standards Code as published by Food Standards Australia and New Zealand and AS 4674-2004: Construction and fit out of food premises.93. PV17 – Vehicle Crossings and Removal/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:94. 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.95. 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:
96. 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.97. 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.

98. PU3 - Sydney Water - Trade Waste Water - Trade waste water must be disposed of in accordance with the requirements of Sydney Water. For more details visit www.sydneywater.com.au or call 13 20 92. A copy of the trade waste water agreement must be provided to the Principal Certifying Authority before the issue of the Occupation Certificate.99. 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.

100. 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.

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

102. Food Premises - Inspection and Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:103. All waste management services and facilities shall in general be provided in accordance with the submitted Waste Management Plan. However, if it is determined by Council that the frequency of such services or the provision of waste facilities is unsatisfactory in relation to the needs and requirements of the development, and its impact on the amenity of the area, the frequency of such collections and the provision of waste management facilities shall be redetermined by Council.104. 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.105. 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.106. Drainage Maintenance - The on-site detention drainage facility shall be maintained at all times in accordance with the approved plans.

107. PV8 - Parking Space Number/Availability – Sixteen (16) parking spaces are to be provided and these spaces must be unobstructed and available at all times for the parking of visitors/customers/ employees/service vehicles.

108. 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.

109. 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.

110. 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.

111. PV13 - Use of Loading Dock(s) - The loading dock(s) shall be linemarked, clearly signposted and used only for the purpose of loading and unloading of goods and not used for the storage of any materials or waste matter.

112. PV14 - Prohibited Parking - Staff, company and visitors' vehicles must only be parked in the spaces provided on the subject premises and not on adjacent footpath or landscaped areas.

113. PV15 - Disabled Parking - The parking space(s) for disabled persons must be sized/marked/signposted in compliance with Australian Standard 2890.1-1993.

114. 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.

115. 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".

116. 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.

117. PV22 - Approved car parking spaces must not be partitioned or otherwise enclosed to form garages.

118. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.119. LA4 - Parking on Landscaped Areas - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.

120. ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.121. Any waste and recycling materials generated at the premises and any bins used to store the aforesaid material must not be placed on Council’s footways in Queensbury Road whilst awaiting collection.122. PN2 - Plant or machinery must not cause noise exceeding background - All sound producing plant, equipment, machinery or fittings associated with or forming part of the mechanical ventilation system and/or the refrigeration system being sound insulated and/or isolated so that the noise emitted does not exceed the background noise level by more than 5 db(A), when measured at the boundary of the property.123. Food Premises - Maintenance of Food Premises - The food premises must be maintained in accordance with the Food Act 2003, Food Regulation 2010; the Food Standards Code as published by Food Standards Australia & New Zealand and Australian Standard AS 4674-2004: Construction and fit out of food premises.124. Noise Control - The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997.125. Garbage Storage – Odour Control - A waste contractor shall be engaged to remove all waste from the garbage storage area on a regular basis so that no overflow of rubbish will occur. Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined by the Protection of the Environmental Operations Act, 1997.126. Storage of Waste – Used Cooking Oil - Used oil shall be contained in a leak proof container and stored in a covered and bunded area prior to off-site disposal. Copies of receipts for the disposal of used cooking oil shall be kept on-site and made available to Council Officers upon request.127. All waste and recycling receptacles used for the storage and collection of waste shall be approved by Council prior to their use.128. The Owners Corporation shall be responsible for maintaining all equipment, systems, facilities and storage areas used in conjunction with the provision of waste management services in accordance with all applicable regulatory requirements, relevant health and environmental standards, and to the satisfaction of Council.

129. 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.

130. If you are not satisfied with this determination, you may:
131. 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.

132. 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.

133. 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.

134. AD4 - WorkCover Authority - For premises which are/will be workplaces a copy of the approved plan to the WorkCover Authority shall be submitted to ensure that the proposal complies with WorkCover requirements. Where factory registration is required by WorkCover, a separate application to Council may be required for a statement of compliance with the egress provisions of the Building Code of Australia. If so it is best to do so as soon as possible. For more details visit www.workcover.nsw.gov.au or call 131050.135. 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.

136. 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 9600.137. AD7 - Tree Preservation