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DEVELOPMENT ASSESSMENT COMMITTEE

NOTICE OF MEETING
Wednesday, 12th October 2011


30 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, 12th October 2011 at 7.30 pm for consideration of the business which will be made available from Thursday 6 October 2011.

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 S McMahon
Deputy Mayor, Councillor C Hindi
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor D Perry
Councillor W Pickering, OAM
Councillor P Sansom
Councillor A Wagstaff
Councillor C Wong

The Quorum for the meeting is 7

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DEVELOPMENT ASSESSMENT COMMITTEE

NOTICE OF MEETING
Wednesday, 12th October 2011


Thursday, 6 October 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, 12th October 2011 at 7.30 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 S McMahon
Deputy Mayor, Councillor C Hindi
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor D Perry
Councillor W Pickering, OAM
Councillor P Sansom
Councillor A Wagstaff
Councillor C Wong

The Quorum for the meeting is 7

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DEVELOPMENT ASSESSMENT COMMITTEE

SUMMARY OF ITEMS
Wednesday, 12th October 2011



ITEMS


DAC111-11 MINUTES: DEVELOPMENT ASSESSMENT COMMITTEE - 07/09/2011 (09/1214)DAC112-11 PK - SHOP 4/47-67 MULGA ROAD, OATLEY - USE OF COMMERCIAL PREMISES FOR BRIDGE CLUB INCLUDING INTERNAL FIT OUT (11/DA-51)DAC113-11 PK - 1 GLEN ROAD, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE WITH A SWIMMING POOL AND AN ELEVATED DECK TO THE NORTHERN SIDE OF THE PROPERTY (11/DA-136)DAC114-11 PK - 107 MYALL STREET, OATLEY - SECTION 96AB REVIEW – MODIFY ORIGINAL DEVELOPMENT CONSENT TO RETAIN UNAUTHORISED FIRST FLOOR BALCONY (10/DA-139:3)DAC115-11 PK - 14 CLIFF AVENUE, PEAKHURST HEIGHTS - SECTION 96 APPLICATION TO AN APPROVED ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING FOR UNAUTHORISED WORKS AND NEW ATTACHED CARPORT (2008/DA-32REV1)DAC116-11 PK - 21 MAPLE STREET, LUGARNO - NEW REAR DECK AND ABOVE GROUND SWIMMING POOL (11/DA-127)DAC117-11 PK - 47-67 MULGA ROAD, OATLEY - SECTION 96(AA) MODIFICATION SEEKING EXTENSION OF TRADING HOURS TO EXISTING COLES SUPERMARKET (2004/DA-454REV4)DAC118-11 PK - 9 BARWON ROAD, MORTDALE - SECTION 96 APPLICATION TO AMEND ROOF ABOVE GARAGE TO REMEDY UNAUTHORISED WORKS (2009/DA-158REV2)DAC119-11 PK - 104 MOONS AVENUE, LUGARNO - CONSTRUCT NEW TWO-THREE STOREY DWELLING WITH INCLINATOR TO REAR (11/DA-130)DAC120-11 PK - 1 ELM STREET, LUGARNO - SECTION 96 APPLICATION TO INCREASE THE REDUCED LEVEL (RL) OF THE POOL COPING, DECK AND PRIVACY SCREENING (2008/DA-440REV1)DAC121-11 PNS - 525 FOREST ROAD, PENSHURST - SECTION 96 MODIFICATION TO AMEND INTERNAL AND EXTERNAL LAYOUT OF SECONDARY DWELLING, DEMOLISH EXISTING GARAGE, AMENDMENTS TO POOL (2010/DA-276REV1)DAC122-11 PNS - 22B AND 22 (INCLUDING 24A AND 26) MACQUARIE PLACE, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A RESIDENTIAL FLAT BUILDING CONTAINING FIVE (5) X (3) BEDROOM AND ONE (1) X TWO (2) BEDROOM UNITS WITH BASEMENT CAR PARKING AREA, ASSOCIATED SEWER WORKS TO ADJOINING PROPERTIES, AND STRATA SUBDIVISION INTO SIX (6) LOTS (11/DA-213)DAC123-11 PNS - 12 BUNGALOW ROAD, PEAKHURST - SECTION 82A APPLICATION TO REVIEW COUNCIL’S REFUSAL OF DEVELOPMENT APPLICATION 10/DA-391 FOR THE DEMOLITION OF EXISTING STRUCTURES, CONSTRUCTION OF AN ATTACHED DUAL OCCUPANCY DEVELOPMENT AND TORRENS TITLE SUBDIVISION INTO TWO (2) LOTS (10/DA-391)DAC124-11 PNS - 39 VILLIERS AVENUE, MORTDALE - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A NEW CHILD CARE CENTRE WITH 30 CHILDREN (11/DA-92:2)DAC125-11 PNS - 39 BOUNDARY ROAD, MORTDALE - SECTION 96 MODIFICATION TO DWELLING - EXTERNAL ALTERATIONS TO REVERT TO ORIGINAL APPROVAL (2003/DA-891REV2)DAC126-11 HUR - 4 ROMANI AVENUE, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES ON THE SITE AND CONSTRUCTION OF SIX (6) ATTACHED TOWNHOUSES UNDER STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 (11/DA-11)DAC127-11 HUR - 3 ADINA PLACE, BEVERLY HILLS - ALTERATIONS AND ADDITIONS TO EXISTING - REAR EXTENSION, GROUND FLOOR AND FIRST FLOOR EXTENSION, AND REBUILD GARAGE (10/DA-527)DAC128-11 HUR - 8 MCLEOD STREET, HURSTVILLE - SECTION 96 APPLICATION TO DWELLING - INCREASE TO FIRST FLOOR, MODIFICATIONS TO WINDOWS AND FIRST FLOOR BALCONY (2010/DA-302REV1)
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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC112-11 PK - SHOP 4/47-67 MULGA ROAD, OATLEY - USE OF COMMERCIAL PREMISES FOR BRIDGE CLUB INCLUDING INTERNAL FIT OUT


Applicant

Ian Lisle

Proposal

Use of commercial premises for Bridge Club including internal fit out

Zoning

Zone 3(a) - Neighbourhood Business

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy 55 – Remediation of Land, 2004, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Draft State Environmental Planning Policy (Competition) 2010, Development Control Plan No 1 – LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.9 Waste Management, Section 5.5 Food Premises

Hurstville Local Environmental Plan 1994 interpretation of use

Recreation facility

Owner/s

Renaldo Plus 3 Pty Ltd

Existing development

Shop

Cost of development

$35,000.00

Reason for referral to Council

Two submissions received

Report author/s

Development Assessment Officer, Mr M Raymundo

File No

11/DA-51

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks development consent for use of commercial premises for bridge club including internal fit out.

2. The proposal has been assessed against the applicable statutory requirements and provisions of applicable Controls and generates a technical non compliance regarding car parking.

3. The application was notified in accordance with the provisions within Development Control Plan No 1, in response two (2) submissions were received.

4. The application was deferred at the Development Assessment Committee meeting of 6 July 2011for the applicant to obtain Owner’s Corporation approval to have eight (8) of the unallocated parking spots within the development to this tenancy

5. The applicant provided additional information on 10 August 2011 in justifying why they cannot satisfy the resolution of the Development Assessment Committee.


AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report and is also subject to a twelve (12) month trial period. A further application would be required to be lodged to continue the approved use before the expiration of the twelve (12) months from Occupation Certificate.


REPORT DETAIL

BACKGROUND

Council gave consideration to a report on this matter at its Development Assessment Committee meeting of 6 July 2011 and resolved as follows: -


The applicant has since provided additional information justifying the difficulty in complying with the resolution. This information and further assessment is discussed below.

* The original Land and Environment Court approval for the whole mixed use development required one hundred and thirty nine (139) car spaces to be allocated for the development, of which twenty two (22) were allocated for the residential component. This left one hundred and seventeen (117) unallocated spaces for the commercial component including the supermarket.

* The Land and Environment Court judgement specified that a minimum of seventy four (74) spaces are required for the supermarket use based on RTA calculations. The proposal at that time had proposed eighty eight (88) spaces, being a surplus of fourteen (14) spaces. These spaces were to be ‘shared’ amongst the other commercial tenancies.

* The Strata Subdivision (which was issued by a private certifier) resulted in the commercial car parking component comprising of one hundred and seventeen car spaces (117) consistent with the Land and Environment Court judgement, of which eighty seven (87) car parking spaces are allocated to Coles Supermarket, eleven (11) to individual tenancies and nineteen (19) ‘right to park’ (shared spaces) to be shared amongst the other tenancies.

* As indicated in the previous report the Land and Environment Court approved a car parking provision which was below Council’s Development Control Plan requirements for car parking.

The applicant has stated that they have hardship satisfying the Council resolution and have provided the following documentation to support the proposal:

* Council received a letter from receivers, Korda Mentha, dated 10 August 2011, stating that they had received legal advice that the reallocation of car parking spaces was not possible as the Strata Management Statement relating to the property prevents the allocation of car spaces from being dealt with by the Owner’s Corporation.

* A Strata Management Statement (revision 2 April 2008) states that there are currently nineteen (19) shared ‘right to park’ car parking spaces for commercial use within the property which services all tenancies.

* Council staff suggested that the applicant may wish to employ a traffic engineer to monitor the parking and vehicular movements. The applicant has provided a quotation from a qualified traffic engineer, stating that if Council were to impose a condition monitoring the traffic impacts during a twelve (12) month trial basis, it would make the development unfeasible.

While it is not possible to reallocate existing spaces in the development (two (2) only allocated to the subject site), it is noted that a total of nineteen (19) car spaces are unallocated and could potentially be available to the bridge club. As peak demand related to tournaments occurs after hours (7.00pm - 10.00pm Monday – Thursday), as noted in the previous report, additional spaces may be available in the complex.

In addition, it is considered that if the use is to be permitted that any approval be subject to a review of car parking after a twelve (12) months trial.


RECOMMENDATION

THAT Council approves the development as per the previous recommendation.
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
A02N/A (received by Council 25 Feb 2011Master Floor PlanRuth Newman Architect
3. Subject to a twelve (12) month trial period. A further application would be required to be lodged to continue the approved use prior to the expiration of twelve (12) months from the date of Occupation Certificate.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.

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 unauthorized entry to the work site is prohibited
7. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:8. 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.9. 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.10. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:11. 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.12. 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.13. 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.14. 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 92.15. Pursuant to Clause 93 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

a) Access and egress from the building - Section D.
b) Evidence must be submitted that there is an appropriate level of fire separation between the adjoining occupancies to comply with Part C of the Building Code of Australia
c) Fire safety services and equipment - Section E.
d) Provide additional sanitary facilities according to the new use and number of persons – Section F.
e) In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the Building Code of Australia must be submitted to the Principal Certifying Authority with the Construction Certificate application.
16. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(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
(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
17. BC1 - Construction Certificate - No work shall commence until you:

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

21. 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: 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.

22. 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.23. PV2 - Loading and unloading - The loading and unloading of all vehicles, goods, materials, and containers in relation to the shops/commercial use is to take place in the loading bay (zone) only. All car park spaces reserved for the loading bay (zone) are to be clearly signposted at all times.24. ZC2 - Signage - 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: 25. 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.26. 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.27. 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.28. 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.

29. 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:


30. 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:31. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.32. 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:33. The approved use being conducted only between the hours of 9.00am and 5.00pm, Monday to Friday, Monday to Friday 7.00pm – 10.00pm, Saturday to Sunday: 10.00am -4.00pm. A maximum of two (2) fulltime employees are permitted.34. 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.35. Population Capacity - The Manager on duty shall ensure that the approved capacity as scheduled below is not exceeded/and capacity shall be checked by ticket sales or counting machine at entry doors. Further, upon demand of any authorised Council, Police or Fire Brigade Officer, the Manager on duty at that time, shall inform immediately that officer of the number of occupants within each of the scheduled areas.

Description of Building Portion "Scheduled Area(s)"Approved Capacity
Guests/VisitorsPersons 98
Staff (Inclusive of all areas)Persons 2
TOTAL CAPACITYPersons 100
36. A sign with the population capacity table must be displayed in a prominent position within the building as per Clause 98D of the Environmental Planning and Assessment Regulation 2000.37. MI7 - The shop/factory unit number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.38. 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.

39. PV8 - Parking Space Number/Availability, Retail and Industrial Uses – two (2) 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.40. 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.41. 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.42. 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 1997.43. 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.44. ZC3 - No goods for sale or display are to be placed outside the front facade of the building unless approved by Council.45. MI16 - No goods shall be stored or displayed outside the building.46. 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:

(a) in respect of each essential fire safety measure, such measure has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:


(b) the building has been inspected by a properly qualified person and was found when it was inspected to be in a condition that did not disclose any grounds for a prosecution under Part 2, Division 7 of the Environmental Planning and Assessment Regulation, 2000.

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.

47. MI8 - Signs or advertising structures must not be erected without prior approval of Council. All signs and advertising structures must comply with Council's Development Control Plan.48. ZC4 - If security shutters are installed at vehicular entry/exit point(s), only open grille/trellis style screens may be used. Opaque or solid roller shutters are prohibited. Security shutters are not permitted on fire exits. This condition does not apply to individual garage areas.49. ZC5 - At least one half of a shop frontage must comprise the doorway and display window/glazed shop front.50. ZC6 - At least one half of the display windows/glazed shop front of the building frontage must be transparent and not blocked by advertising, signs, blinds or other window covering, frosting, film or the like.51. ZC8 – A minimum of internal lighting must be left on at night so as to ensure that the interior of the premises is visible from the street for security purposes. Energy efficient lighting should be used.52. 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.

53. ZC12 - The entrance to a shop or business must remain clear of obstructions to enable easy entrance/exit for customers, including those with a stroller, in a wheelchair or with visual impairment.54. ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.55. 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.56. If you are not satisfied with this determination, you may:57. 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.58. 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.59. 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 131318.60. 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.

61. 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.

62. 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.63. Should the Council be appointed as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the Building Code of Australia. However, if an alternative solution is proposed it must comply with the performance requirements of the Building Code of Australia, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justify the non compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent pier review by either the CSIRO or other accredited organisation. In these circumstances, the applicant must pay all costs for the independent review.

64. Access and sanitary facilities for persons with disabilities must be provided to the premises in accordance with the requirements of the Building Code of Australia, AS 1428.1 and the Disability Discrimination Act. Details must be submitted with the Construction Certificate application.65. If applicable, a sign must be displayed in a prominent position in the entry to the unit stating that the maximum number of persons, that are permitted in the unit.66. The manager on duty shall ensure that the approved capacity as scheduled above is not exceeded. On request by an authorized officer such as the Council, Police or Fire Brigade, the duty manager shall provide evidence of the number of person’s occupying the scheduled area.

67. 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:

· Changes or amendments to essential fire safety measures and equipment including fire sprinkler system, emergency lights, exit signs, smoke hazard management and warning systems, etc.
· Number of persons that will occupy the unit and details of exit widths, number of exits and travel distance that demonstrates compliance with the Building Code of Australia.

68. Should Council be appointed as the Principal Certifying Authority, any new energy efficiency provisions as required by Part J of the Building Code of Australia must be identified 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 in accordance with the energy efficiency provisions must be submitted to the Principal Certifying Authority.69. If you need more information, please contact Development Assessment Officer Mark Raymundo on 9330-6176 during normal office hours.


ATTACHMENTS

Attachment A - Development Assessment Committee Report 6 July 2011

Attachment B - Floor Plan

Attachment C – Photographs

DEVELOPMENT ASSESSMENT COMMITTEE

11/DA-51 SHOP 4/47-67 MULGA ROAD, OATLEY – USE OF COMMERCIAL PREMISES FOR BRIGE CLUB INCLUDING INTERNAL FIT OUT

APPLICANTIan Lisle
PROPOSALUse of commercial premises for bridge club including internal fit out
ZONINGZone 3(a) - Neighbourhood Business
APPLICABLE PLANNING INSTRUMENTSHurstville Local Environmental Plan 1994, State Environmental Planning Policy 55 – Remediation of Land, 2004, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Draft State Environmental Planning Policy (Competition) 2010, Development Control Plan No 1 – LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.9 Waste Management, Section 5.5 Food Premises
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 INTERPRETATION OF USERecreation facility
OWNER/SRenaldo Plus 3 Pty Ltd
EXISTING DEVELOPMENTShop
COST OF DEVELOPMENT$35,000.00
REASON FOR REFERRAL TO COUNCILTwo submissions received
REPORT AUTHOR/SDevelopment Assessment Officer, Mr M Raymundo
FILE NO11/DA-51
HAS A DISCLOSURE OF POLITICAL DONATIONS OR GIFTS BEEN MADE?No
EXECUTIVE SUMMARY


1. The application seeks development consent for use of commercial premises for bridge club including internal fit out.

2. The proposal has been assessed against the applicable statutory requirements and provisions of applicable Controls and generates a technical non compliance regarding car parking.

3. The application was notified in accordance with the provisions within Development Control Plan No 1, in response two (2) submissions were received.

RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report and is also subject to a twelve (12) month trial period. A further application would be required to be lodged to continue the approved use before the expiration of the twelve (12) months from Occupation Certificate.


DESCRIPTION OF THE PROPOSAL

The application seeks development consent under the definition of ‘development’ (construction and use) under the Environmental Planning and Assessment Act 1979 (as amended) for use of commercial premises for a bridge club to be known as “The Southside Bridge Centre” (affiliated with the NSW Bridge Association and Australian Bridge Federation) including internal fit out. In detail, the proposal comprises of the following:

Use

* Use of premise as a community facility hosting bridge competitions,
* Maximum capacity of up to one hundred (100) persons at any one time, (most times 24-40 people).

Physical works

* New kitchen bench unit (sink and cupboards),
* New bathroom and internal bathroom walls,
* Minor works (carpeting, sealing and painting).

Proposed Hours of Operation

Core Hours:
Monday – Friday: 9.00am – 5.00pm

Saturday - Sunday: 10.00am – 4.00pm
(Evenings) Monday to Thursday: 7.00pm – 10.00pm (applicant agreed to reduce originally proposed hours until 10.30pm).

Number of staff

The proposal seeks two (2) volunteers/employees.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot 4 in SP 80288 and is known as shop 4/47-67 Mulga Road, Oatley. The site is located within the Mulga Road, shopping centre with car parking located within the basement. The shop is located on the first floor and currently is vacant. The shop contains one (1) bathroom and two (2) balconies with a floor area of approximately 172sqm. Access to the shop is granted via one (1) entrance. The shop has two (2) allocated car spaces located within the basement.


BACKGROUND

Council’s Senior Environmental Health and Building Surveyor

Meeting with Applicant

A meeting with the applicant was held in April at Council chambers to discuss issues regarding non compliance with the Building Code of Australia, clarification of hours of operation and food being sold on the premises.

On 29 April 2011, the applicant was advised to seek the services of a consultant fire engineer to adequately demonstrate an alternative solution compliance with the Building Code of Australia.

Council records indicate that Council’s Senior Environmental Health and Building Surveyor commented as follows;
Additional Information Received

A Fire Engineering letter prepared by Defire (NSW) Pty Ltd, dated 18 May 2011 was received by Council on 19 May 2011 which stated that Defire had taken a preliminary fire safety assessment which concluded that the design could be demonstrated to achieve compliance with the performance requirements of the Building Code of Australia.


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 1994

The proposal seeks development consent for a community facility within the Hurstville Local Environmental Plan. A community facility is permissible use within zone 3(a) - Neighbourhood Business.

The proposed use of the premise is considered to be defined as permissible development as per the definition of;

“recreation facility means a building or place exclusively for a sporting activity, for exercise or for a leisure activity, whether operated for the purpose of gain or not, but does not include a building or place elsewhere defined in this clause”.

The proposal is considered to satisfy this definition.

Clause 13 – Floor Space Ratios

The proposal seeks development consent for an internal fit out and change of use which does not result in additional floor space ratio. In this regard, the proposal adequately satisfies this clause.

Clause 14 – Tree Preservation Orders

The proposed works comprise of internal works. The proposal does not seek the removal of any trees.

Clause 15 – Services

The subject site is currently serviced by utilities, water and sewerage. The proposed works comprise of internal works. The proposed works are to drain to the existing system.

Clause 15A - Height restrictions for land within Zones Nos 3(a) and 3(c)

The proposed works comprise of internal works. The proposal does not result in an increase in building height.

Clause 22 – Excavation, filling of land

The proposed works comprise of internal works. The proposal does not seek any cut and or fill.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site has been previously used as commercial. Council’s records indicate that there is no development history of any pollutant use. In this regard, the proposed works adequately satisfy the requirements of the State Environmental Planning Policy.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 - GEORGES RIVER CATCHMENT

The proposed works adequately dispose of stormwater run off and do not generate any unacceptable material impacts to the Georges River Catchment. In this regard, the proposed works adequately satisfy the provisions of the Regional Environmental Plan.

2. Draft Environmental Planning Instruments

Draft State Environmental Planning Policy (Competition) 2010

The proposal adequately satisfies the requirement of the Draft State Environmental Planning Policy (Competition) 2010.

3. Development Control Plans

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

The existing complex contains one hundred and seventeen (117) car spaces for the retail/commercial/supermarket component of the development with twenty two (22) for the residential units.

Justice Brown C delivered the judgement in Appeal No. 11591 of 2004 and accepted that adequate parking was provided within the site. Given that the RTA guidelines would only require seventy four (74) parking spaces for the retail component (supermarket) and that the development provided eighty eight (88) spaces, this figure is considered in excess of the RTA guidelines by fourteen (14) spaces (Parra-88,89,90 Land and Environment Court Appeal No. 11591 of 2004) whereby;
Subsequently, the Court agreed that parking provisions associated with the residential component of the development has met Council’s requirements of twenty two (22) spaces. Thus leaving one hundred and seventeen (117) spaces for the retail/commercial/supermarket component of the development.

The Court has also has further allowed twenty nine (29) parking spaces for the commercial offices and the café components in accordance with Council’s Development Control Plan No 2 at the time. In this regard, there was eighty eight (88) spaces remaining available in the basement car parking for the supermarket (retail) use as per the Court approval.

For the purposes of the context of this report, other approvals within the building are detailed as per follows;

* 07/DA-107 8/47-67 Mulga Road, Oatley – Change of use to a women’s weight loss centre.

* 08/DA-457 3/Mulga Road, Oatley – Fit out and use of tenancy as retail premises.

* 09/DA-464 1/47-67 Mulga Road, Oatley – Fit out and use of Tenancy 1 as pizza restaurant and a soup café.

A Section 96 Modification was received after the Court consent (04/DA-454 REV02) for the relocation of staff amenities and administration offices for Coles Supermarket to the commercial suites previously designated as C4 and C5 at the level above the supermarket trading floor and the creation of a separate lettable commercial/retail premises in the area formally designed as the Coles administration and staff amenities area located on the ground floor.

This arrangement required less parking provisions in accordance with Council’s Development Control Plan No 2 and was granted approval by the Land and Environment Court on 22 December 2006 (Condition of Consent No. 89D and 90 issued by the Land and Environment Court Appeal No. 115 of 2004).

Thus, the building as approved provides a surplus of fourteen (14) car parking spaces above and beyond what was required by the Land and Environment Court for this retail/commercial development; and the subject premise was once considered as part of Coles Supermarket (Retail).

ShopHours of OperationSquare metres as per Strata plan
Suite 1 –
Pizza and Soup Café
Mon-Sun: 6.00am – 12.00 midnight 217sqm
Suite 2 –
Vacant
N/A131sqm
Suite 3 –
Variety Store
Mon-Sat: 9.00am -5.00pm,
Sun: 10.00am – 2.00pm
158sqm
Suite 4 – Vacant (subject site)Proposed:
Mon-Fri: 9.00am – 5.00pm,
Mon-Thurs (evening) (peak times): 7.00pm – 10.00pm,
Sat – Sun: 10.00am – 4.00pm
206sqm
Suite 5 – Curves GymMon – Fri: 7.00am – 10.00pm, Sun: 8.00am – 8.00pm206sqm
As detailed by the table above the proposed hours of operation are that of a consistent nature to that of other tenancies within the complex. Though it is noted that the application seeks development consent for up to one hundred (100) persons to utilise the premise at any given time it must be taken into consideration that the proposed patronage would fluctuate being low during the day when teaching lessons occur, to high during some week night evenings when competitions occur.


The existing uses and allocated car spaces within the complex result in four (4) car spaces designated for the subject site and vacant suite. It must be noted that the car parking for the whole complex adopted by the Land and Environment Court on the basis of patronage between the business uses results in fourteen (14) excess shared car spaces.

The car parking which was adopted by the original proposal 04/DA-454 was considered to be adequate by the Land and Environment Court. Previous development applications within the complex have relied on the excess of the shared fourteen (14) car parking spaces to service the remaining retail/commercial uses.

Should Council remain unsatisfied with regards to parking provisions for the proposed use, it is noted for the purposes of this assessment the proposed use is defined as club (general) under the RTA parking generation guide which is calculated at a rate of one (1) space per 18.5sqm per GFA. In this regard, the proposal would require ten (10) car spaces. The proposal generates a short fall of eight (8) car spaces as only two (2) have been allocated to this suite.

A total of fourteen (14) car parking spaces have been allocated for the shared car parking within the whole complex. If the application would be supported, this would result in eight (8) of the shared car parking spaces to be used by the proposed Bridge Club, in peak times when necessary.

In this regard it is considered that the proposal be approved subject to a trial period of twelve (12) months and conditions as attached.

The proposal is supported on the basis that sufficient car parking is provided during both peak (daytime) and off peak (evenings) through the surplus of fourteen (14) car parking spaces available. In this regard, the proposal is not considered to generate any unacceptable material detrimental impacts.

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

The proposal has been assessed against the applicable requirements within the subsection and is considered to comply with the intent of the applicable controls.

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

The proposal has provided a waste management plan and is deemed to be adequate in the removal, disposal and recycling of construction waste for the proposed works to be undertaken as part of this development application.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.5 – FOOD PREMISES.

The applicant had advised Council that the premise will not involve the sale of food however the provision of coffee and biscuits will be provided.

4. Impacts

Natural Environment

The proposed works are not considered to generate any unacceptable material natural environment impacts.

Built Environment

The proposed works are not considered to generate any unacceptable material built environment impacts.

Social impact

The proposed works are not considered to generate any unacceptable material social impacts.

Economic impact

The proposed works are not considered to generate any unacceptable material economic impacts.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. In response two (2) submissions were received however only one (1) raised any issues. These are discussed below.

Impact on trading opportunity

Concerns have been raised regarding that the proposed use could be alternatively accommodated within a conference room of a hotel, RSL Club or the like and that such a proposal may result in the use of an alternative use such as a tutoring centre which could only be set up in a commercial space.

Comment: The proposed works are considered to be a permissible use subject to development consent. In addition, the proposed works adequately satisfy the objectives of the Draft SEPP (Competition) 2010 and is not considered to detract from other permissible commercial activities.

Car parking, traffic and safety

Concerns have been raised regarding the extent of car parking required to accommodate the proposal and that the provision of the car parking spaces may detract from the viability of the two (2) vacant shops and existing businesses.

Comment: The proposed works are considered not to generate any unacceptable car parking, traffic or safety impacts. The proposed use is not considered to generate unacceptable car parking impacts to neighbouring properties as the car parking is provided on site in the form of two (2) allocated car parking spaces and access to fourteen (14) shared car parking within the complex. The car parking required to accommodate the proposed use is considered not to detract from the viability in terms of car parking, of the two (2) vacant shops or existing businesses.

Activities of Club

Concerns have been raised regarding the regulation of activities and clientele of the club and adverse impact to surrounding businesses.

Comment: The proposal seeks development consent for the use of the premise as a bridge club and proposes the hours of operation as earlier addressed within this report which is considered not to generate any adverse impacts to the surrounding area or businesses. The use is permissible subject to development consent. The club is not a licensed premises and will not serve alcohol or partake in the sale of food with the maximum hours of operation until 10.00pm (latest) from Monday to Thursday. A condition restricting the premises to one hundred (100) persons maximum at one time has been imposed to reduce potential fire risk issues.

Note: It is also noted that one (1) of the submissions requested information on the type of business was being proposed. Council contacted the objector via email and informed the objector that the proposed premise was to be used for a bridge (card) club. In response, no further concerns were received.
Site suitability

The proposed works are considered suitable for the subject site.

Public Interest

The proposal is considered to be in the public interest.

Council referrals

Senior Environmental Health and Building Surveyor

The proposal was referred to Council’s Senior Environmental Health and Building Surveyor and is supported subject to conditions of consent.

Senior Traffic Engineer

The proposal was referred to the Traffic Section for comment. In response, Council’s Senior Traffic Engineer has made the following comments.

Comment: Further to the above, as previously discussed within the report. The proposal contains two (2) allocated car spaces and is accessible to use the on-site shared fourteen (14) car parking spaces within the complex and therefore is considered not to result in increased demand for on street parking on the basis that sufficient car parking is provided on site.


6. CONCLUSION

The proposed works have been assessed against the relevant Matters of Consideration in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 (as amended). It is concluded that the proposed works are satisfactory shared car parking and is recommended for approval and is subject to a twelve (12) month trial period. A further application would be required to be lodged to continue the approved trial use.


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-51 for use of commercial premises for bridge club including internal fit out on Lot 4 in SP 80288 and is known as Shop 4/47-67 Mulga Road, 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.3. Subject to a twelve (12) month trial period. A further application would be required to be lodged to continue the approved use prior to the expiration of twelve (12) months from the date of Occupation Certificate.


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. 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 unauthorized entry to the work site is prohibited

8. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$275.00
25 Feb 11
346548
Imaging Fee
X
AP165
$65.00
25 Feb 11
346548
Long Service Levy
$122.00
Builders Damage Deposit
BON2
$1,500.00
Inspection Fee for Refund of Damage Deposit
DA6
$125.00
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)
PCA Service Fee
DA6
$652.48
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. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:12. 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.

13. 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.14. 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.15. 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 92.16. Pursuant to Clause 93 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

a) Access and egress from the building - Section D.
b) Evidence must be submitted that there is an appropriate level of fire separation between the adjoining occupancies to comply with Part C of the Building Code of Australia
c) Fire safety services and equipment - Section E.
d) Provide additional sanitary facilities according to the new use and number of persons – Section F.
e) In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the Building Code of Australia must be submitted to the Principal Certifying Authority with the Construction Certificate application. 17. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(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
(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
18. BC1 - Construction Certificate - No work shall commence until you:
19. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:20. 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.21. 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.
22. 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: 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.

23. 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.24. PV2 - Loading and unloading - The loading and unloading of all vehicles, goods, materials, and containers in relation to the shops/commercial use is to take place in the loading bay (zone) only. All car park spaces reserved for the loading bay (zone) are to be clearly signposted at all times.25. ZC2 - Signage - 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: 26. 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.27. 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.28. 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.29. 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.30. 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:

31. 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:32. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.33. 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:34. The approved use being conducted only between the hours of 9.00am and 5.00pm, Monday to Friday, Monday to Friday 7.00pm – 10.00pm, Saturday to Sunday: 10.00am -4.00pm. A maximum of two (2) fulltime employees are permitted.35. 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.36. Population Capacity - The Manager on duty shall ensure that the approved capacity as scheduled below is not exceeded/and capacity shall be checked by ticket sales or counting machine at entry doors. Further, upon demand of any authorised Council, Police or Fire Brigade Officer, the Manager on duty at that time, shall inform immediately that officer of the number of occupants within each of the scheduled areas.

Description of Building Portion "Scheduled Area(s)"Approved Capacity
Guests/VisitorsPersons 98
Staff (Inclusive of all areas)Persons 2
TOTAL CAPACITYPersons 100
37. A sign with the population capacity table must be displayed in a prominent position within the building as per Clause 98D of the Environmental Planning and Assessment Regulation 2000.38. MI7 - The shop/factory unit number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.39. 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.40. PV8 - Parking Space Number/Availability, Retail and Industrial Uses – two (2) 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.41. 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.42. 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.43. 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 1997.44. 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.45. ZC3 - No goods for sale or display are to be placed outside the front facade of the building unless approved by Council.46. MI16 - No goods shall be stored or displayed outside the building.47. 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:

(a) in respect of each essential fire safety measure, such measure has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:
(b) the building has been inspected by a properly qualified person and was found when it was inspected to be in a condition that did not disclose any grounds for a prosecution under Part 2, Division 7 of the Environmental Planning and Assessment Regulation, 2000.

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.48. MI8 - Signs or advertising structures must not be erected without prior approval of Council. All signs and advertising structures must comply with Council's Development Control Plan.49. ZC4 - If security shutters are installed at vehicular entry/exit point(s), only open grille/trellis style screens may be used. Opaque or solid roller shutters are prohibited. Security shutters are not permitted on fire exits. This condition does not apply to individual garage areas.50. ZC5 - At least one half of a shop frontage must comprise the doorway and display window/glazed shop front.51. ZC6 - At least one half of the display windows/glazed shop front of the building frontage must be transparent and not blocked by advertising, signs, blinds or other window covering, frosting, film or the like.52. ZC8 – A minimum of internal lighting must be left on at night so as to ensure that the interior of the premises is visible from the street for security purposes. Energy efficient lighting should be used.53. 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.54. ZC12 - The entrance to a shop or business must remain clear of obstructions to enable easy entrance/exit for customers, including those with a stroller, in a wheelchair or with visual impairment.55. ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.
56. 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.57. If you are not satisfied with this determination, you may:
58. 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.59. 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.60. 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 131318.61. 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 9600.62. 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.63. 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.64. Should the Council be appointed as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the Building Code of Australia. However, if an alternative solution is proposed it must comply with the performance requirements of the Building Code of Australia, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justify the non compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent pier review by either the CSIRO or other accredited organisation. In these circumstances, the applicant must pay all costs for the independent review.

65. Access and sanitary facilities for persons with disabilities must be provided to the premises in accordance with the requirements of the Building Code of Australia, AS 1428.1 and the Disability Discrimination Act. Details must be submitted with the Construction Certificate application.66. If applicable, a sign must be displayed in a prominent position in the entry to the unit stating that the maximum number of persons, that are permitted in the unit.67. The manager on duty shall ensure that the approved capacity as scheduled above is not exceeded. On request by an authorized officer such as the Council, Police or Fire Brigade, the duty manager shall provide evidence of the number of person’s occupying the scheduled area.

68. 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:69. Changes or amendments to essential fire safety measures and equipment including fire sprinkler system, emergency lights, exit signs, smoke hazard management and warning systems, etc.70. Number of persons that will occupy the unit and details of exit widths, number of exits and travel distance that demonstrates compliance with the Building Code of Australia.71. Should Council be appointed as the Principal Certifying Authority, any new energy efficiency provisions as required by Part J of the Building Code of Australia must be identified 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 in accordance with the energy efficiency provisions must be submitted to the Principal Certifying Authority.72. If you need more information, please contact Development Assessment Officer Mark Raymundo on 9330-6176 during normal office hours.

* * * * *


DECISION - DAC

THAT the application be approved in accordance with the conditions included in the report and is also subject to a six (6) month trial period. A further application would be required to be lodged to continue the approved use before the expiration of the six (6) months from Occupation Certificate.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor W Pickering, OAM)





APPENDIX
Master floor plan  - Shop 4   47 - 67 Mulga Rd Oatley.PDF47-67 Mulga Road Oatley Map.PNG


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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC113-11 PK - 1 GLEN ROAD, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE WITH A SWIMMING POOL AND AN ELEVATED DECK TO THE NORTHERN SIDE OF THE PROPERTY


Applicant

Ritz Homes Pty Ltd

Proposal

Demolition of existing dwelling and construction of a new two (2) storey dwelling house with a swimming pool and an elevated deck to the northern side of the property

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 (Building sustainability Index: BASIX) 2004, State Environmental Planning Policy No 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Mrs Mladenka Rose Zrno

Existing development

Single storey dwelling with detached garage to the rear

Cost of development

$716,000.00

Reason for referral to Council

Variations to DCP 1

Report author/s

Development Assessment Officer, Mr R Guirguis

File No

11/DA-136

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing dwelling and construction of a new two (2) storey dwelling house with a swimming pool and an elevated deck to the northern side of the property.

2. The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994, however it results in variations to Development Control Plan No 1 in relation to side setbacks and setback of swimming pool from a boundary fence.

3. There were no 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 for the demolition of existing dwelling and construction of a new two (2) storey dwelling house with a swimming pool and an elevated deck to the northern side of the property

The proposed ground floor level contains all living areas, with provisions for a media room, two (2) bathrooms and double garage to the front. The layout of the ground floor level has been designed with an indentation along the middle of its northern wall for the provision of a semi inground swimming pool connected to wrap around covered deck which is accessed from the family room to the rear of the building.

The proposed first floor level is setback from the ground floor front to the rear and southern side and contains five (5) bedrooms, two (2) bathrooms and a sitting room.

The proposal has a hipped gable roof and the building is considered to be well articulated by means of multi tier roof design, portico entrance a various setbacks from the western (front) façade and the northern (side) façade where it addresses Council’s Public Reserve.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site with a frontage of 12.19m to Glen Road and an area of 579.7sqm. The site is located on the eastern side of the street. Existing on the site is a single storey fibro dwelling with an attached carport to the north side and a detached garage to the rear

Adjoining the site to the north is Seaforth Avenue public reserve and two (2) storey dwelling house to the south. Located at the rear of the site is the rear yard of a single storey dwelling house fronting Seaforth Avenue. The area is generally low density residential in character.

The site is located within the Foreshore Scenic Protection Area and has a slope from the rear south eastern corner to the front north western corner in the order of approximately 4m.


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 use is permissible within the zone. The proposal meets the zone objectives.

Clause 14 - Tree preservation orders


Comment: The proposal seeks to remove three (3) Crape Myrtles trees, two (2) located onsite along the southern side and one (1) street tree.

The subject trees are covered under Council’s Tree Preservation Order by the provisions of this Clause however, their removal as proposed is not considered to adversely affect the soil stability or result in land degradation as replacement trees as part of the proposed landscaping are considered to substitute for scenic and environmental amenity and provide a vegetation system for natural wildlife habitats.

The trees in question have been examined by Council Tree Management Officer whom expressed no objections to their removal subject to the replanting of two replacement trees as part of the landscape to substitute for lost amenities

The proposal is considered satisfactory in this regards subject to conditions of consent.

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.

All storm water is proposed to drain to the kerb and gutter directly outside the site in Glen Road via gravity.

Clause 19B – Foreshore Scenic Protection Area

Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following.

Comment: In respect to sub-clause 4(a), the subject site will not be seen from the waterways or adjacent foreshore areas.

Comment: In respect to sub-clause 4(b), the proposal does not have potential to impact on any views from adjoining properties.

Comment: In regard to sub-clause 4(c), the proposed excavation necessary for the development is not considered to pose any detrimental environmental impact as it seeks to utilise the natural contours of the land. The proposal is not considered to have any detrimental impact on the natural topography, canopy vegetation, or any other significant vegetation.

Comment: In respect to sub-clause 4(d), the proposed layout will retain landscaped open space on the site. The proposed design and construction materials chosen are considered compatible and consistent with the existing character of the Street and the locality.

Accordingly, the proposal is seen to comply with Clause 19B.

Clause 22 (2) - Excavation, Filling of Land

The proposal has been amended to excavate the land by up to 1.1m along the southern side in order to minimise any shadow impact upon the southern adjoining property and to maintain the swimming pool as close as possible to natural ground level.

The excavation required for the dwelling and associated works is not envisaged to pose any detrimental impact upon soil stability or existing drainage pattern subject to the attainment of the appropriate geotechnical report upon construction.

The site will discharge all stormwater to the street frontage by gravity due to the steep slope in the land

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 (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

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

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

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

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING
DevelopmentStandardProposed
Complies
Single dwelling House2 spaces for 3 bedrooms or moreTwo (2) car spaces provided garage
Yes
The proposal complies with the requirements of Development Control Plan No 1 – LGA Wide – Section 3.1 Car Parking.

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

The proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. A BASIX certificate satisfying the required score has been provided.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING(1) Setbacks


The roof of the deck is on the northern side extends to the boundary. The roof of the deck is an extension of the ground floor main roof of the dwelling hence making it a part of the dwelling. The actual wall of the dwelling is setback 2.5m from the boundary at this point.

Incorporating the roof of the deck into the main roof is considered to integrate well with the design of the dwelling and generally presents better when viewed from the adjoining reserve.

This variation is considered negligible in nature and therefore is supported.

(2) Solar Design and Energy Efficiency

Although the proposal at lodgement complied with the maximum 9m height, it has been amended in order to minimise the shadow impact.

The overall height of the building has been amended from 9m in height to 8.3m.

Whilst the overshadowing impact is considered inevitable due to the site’s east/west orientation, the reduction in the height of the building by 700mm is considered to have reduced the shadow impact from moderate to minor within reasonable parameters and is supported.

As can be seen, the proposal complies with the provisions of the Single Dwelling controls.

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

Swimming Pools and SpasStandardProposalComplies
Pool SittingIn ground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possibleUp to 950mm above NGL at the north western corner
No (1)
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary1m from the northern boundary
No (2)
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing1.5m
Yes
FillingFilling of land between pool and property boundary is not permittedFilling of land surrounding the pool and the northern property boundary is proposed to maximum height of 700mm
No (3)
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursPosition of filter will be conditioned to be a minimum of 5m away from any adjoining dwelling
To be conditioned
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 – Swimming Pool Safety including signage, access and fencingA child resistant barrier is achieved around the perimeter of the swimming pool.
Access is via a single gate on the eastern side of the fence. Standard conditions of consent are included regarding child resistance devices and standards of construction.
Yes
Fencing and GatesThe location of fencing for private swimming pools must comply with one of the following options:
- Option A
- Option B
- Option C
Option A– No direct access to the swimming pool area from the building
Yes
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing, and

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

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

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

-The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point
1.2m high swimming pool fence above finished floor level.

A standard condition of consent has been imposed to ensure that all these requirements are met during construction.
Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceA standard condition of consent has been imposed to ensure compliance
Yes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingA standard condition of consent has been imposed to ensure compliance
Yes
(1) Pool sitting, (2) Side Setback and (3) Filling


The proposed design revolves around maximising the dwelling’s outlook to the north where the site adjoins Seaforth Public Reserve.

The positioning of the proposed swimming pool and the associated fill along this side ensures good solar access and utilises the natural slope in the land so as to not to excavate unnecessarily. This has environmental benefits and does not result in an amenity impact in terms of privacy due to the site adjoining a public reserve.

The non compliant setback for the proposed swimming pool is supported as a 1.5m setback from the northern side boundary will not make this area suitable for the intended use. Furthermore, it would result in further excavation to the rear of the property as an alternative location for the swimming pool.

As such, alternative solutions that may achieve numerical compliance in this case are considered to pose more of an impact than the proposed variations.

4. Impacts

Natural Environment

The proposal is not considered to pose any detrimental impacts on the natural environment. Conditions of consent are recommended for replacement vegetation to be replanted for the proposed removal of the trees. Stormwater is designed to discharge to the street via gravity.

Built Environment

Streetscape

The proposal is considered to contribute positively to the existing streetscape by providing a suitable and consistent design resembling other dwellings within the locality yet remaining distinctive in terms of its well articulated façade. The styles and material colours provided in the Schedule of Finishes are also considered to be acceptable and well suited to its surroundings.

Design

The proposed building form is considered to maximise the attributes of the site in terms of solar access and cross ventilation. It offers a symmetrical façade with a multi tiered hipped gable roof design.

Privacy

There are no detrimental privacy impacts that have been identified in the proposed design as the site adjoins a public reserve to the north where most of the windows have been designed to face this direction.

Heritage

The subject property is not a heritage listed item or located within the vicinity of a heritage listed item.

Social Impact

There are no adverse social impacts

Economic Impact

There are no adverse economic impacts

Suitability of the Site

The subject site is considered suitable for the proposed development in terms of its size, shape, and topography. The site is not identified as being bushfire affected, acid sulphate soils affected, flood affected or believed to contain contaminated lands.


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. There was no submission received in relation to the proposed development.

Council Referrals

Tree Management Officer

No objections were raised subject to standard conditions of consent


6. CONCLUSION

The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994.

The proposed numerical variations to Development Control Plan No 1 concerning the setbacks of the swimming pool and the roof of the dwelling along the northern boundary are considered negligible as the subject site adjoins a public reserve and no adverse privacy impact is imposed.

The proposal has been amended through the course of this assessment even though it was initially complying with the maximum height requirements, in an effort to minimise the shadow impact upon the southern adjoining property, predominantly caused by the east to west orientation of the site.

The proposal in its amended form is considered to have reduced the shadow impact caused by the site’s orientation from moderate to minor within reasonable parameters limiting the cut in the land to the southern side of the site.

As such, the proposed design is considered to fit well within its setting and have utilised the site’s attributes to the advantage of the development itself as well as the neighbouring property to the south.


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-136 for the demolition of existing dwelling and construction of a new two (2) storey dwelling house with a swimming pool and an elevated deck to the side of the property on Lot 30 DP 3230 and known as 1 Glen Road, 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
Drawing 1 of 9
Received
1 Sep 11
PerspectiveAdvantage Building Design
Drawing 2 of 9
Received
1 Sep 11
Demolition PlanAdvantage Building Design
Drawing 3 of 9
Received
1 Sep 11
Site Plan and Driveway ProfileAdvantage Building Design
Drawing 4 of 9
Received
1 Sep 11
Ground Floor PlanAdvantage Building Design
Drawing 5 of 9
Received
1 Sep 11
First Floor PlanAdvantage Building Design
Drawing 6 of 9
Received
1 Sep 11
Section 1Advantage Building Design
Drawing 7 of 9
Received
1 Sep 11
North and South ElevationsAdvantage Building Design
Drawing 8 of 9
Received
1 Sep 11
East and West ElevationsAdvantage Building Design
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

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

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

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

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

7. TRGl - Tree Preservation Order

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

Demolition Conditions

8. DE 1

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

9. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

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

11. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority (i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

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

13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
15. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

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

a. The developer must replant two Canopy providing trees in the rear yard to compensate for the lost amenity.

b. All windows facing the swimming pool area located along the northern elevation on the ground floor or the first floor levels must be constructed and installed to the satisfaction of the Building Code of Australia and The swimming Pool Act 1992.

c. The proposed pool filter and associated equipment must be positioned a minimum of 5 metres away from any adjoining dwelling or be placed in an acoustic enclosure. This condition has been imposed to minimise the noise impact upon surrounding properties.

17. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.18. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

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

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) swimming pool design
(h) retaining walls
(i) stabilizing works20. Geotechnical Reports - The developer must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

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

(b) Dilapidation Reports on the adjoining properties including, but not limited to 3 Glen Road, Oatley, 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.

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

22. 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.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. 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.

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

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


or telephone 13 20 92.

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

31. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.
32. 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.33. BC1 - Construction Certificate - No work shall commence until you:

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

38. 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. 39. 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).40. 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.41. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

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

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

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

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

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

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

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

46. 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.

47. 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.

48. 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.

49. 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.

50. 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.51. 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.52. 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.

53. 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.

54. 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.55. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

56. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.
57. 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.

58. 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:

59. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 369049S_02 dated 7 April 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

60. 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.

61. 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 130mm thick concrete crossing reinforced with F62 fabric.
(b) Replace all redundant laybacks with kerb and guttering, and redundant concrete with grass.


(a) Council's conditions and specifications, including payment of asphalt infill repairs.
(b) Payment of Council's administration fee listed in our Schedule of Fees and Charges
(c) No stencilled or coloured concrete may be used outside the boundary of the property.62. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.63. 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.

64. 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.65. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:66. SP2 - Filling with Water - No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.67. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).68. SP4 - Pump Hours - The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:69. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.70. SP6 - The following apply to the construction, use and maintenance of swimming pools and spas:71. SP7 - Cover - Install a pool cover, to reduce evaporation of water in the swimming pool.72. SP8 - The existing boundary fence must be renewed/repaired/placed to the satisfaction of Council to provide an effective safety barrier to the pool area.73. SP9 - No ancillary structures are to be located within the fenced pool area. No additional paving or modification to the landscaped open space area is permitted to that shown on the approved plan.74. SP10 - All fencing, doors and gates that provide access to the swimming pool must, so long as the swimming pool exists, be maintained in a good state of repair as effective and safe barriers.
75. 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.

76. 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.)

77. 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.

78. 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.

79. 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.80. 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 131318.81. 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.82. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.83. 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.

84. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours.

* * * * *


DECISION - DAC

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

(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)





APPENDIX
Driveway profile  REVISED plan - 1 Glen Rd Oatley.PDFElevation REVISED plan - 1 Glen Rd Oatley.PDFMap1.PNG

Company extract - applicant - 1 Glen Road Oatley.pdf
Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC114-11 PK - 107 MYALL STREET, OATLEY - SECTION 96AB REVIEW – MODIFY ORIGINAL DEVELOPMENT CONSENT TO RETAIN UNAUTHORISED FIRST FLOOR BALCONY


Applicant

Daoud Building Group

Proposal

Section 96AB Review – modify original development consent to retain unauthorised first floor balcony

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Development Control Plan No 1 – LGA Wide – Section 4.2 Dual Occupancy

Hurstville Local Environmental Plan 1994 interpretation of use

Dual Occupancy

Owner/s

Robert and George Daoud

Existing development

Dual occupancy development

Cost of development

N/A

Reason for referral to Council

Original application determined by Council and unauthorised building works

Report author/s

Team Leader Development Assessment, Ms L Locke

File No

10/DA-139:3

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks a Review of Council’s refusal of a Section 96 Modification Application for a first floor rear balcony on a dual occupancy development.

2. The proposal complies with the Hurstville Local Environmental Plan and Development Control Plan No 1.

3. The balcony has been constructed without development consent.

4. No submissions were received in response to Council’s notification of the Review.


AUTHOR RECOMMENDATION

THAT Council rescind its original determination and approve the application.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks a Review under Section 96AB of the Environmental Planning and Assessment Act, 1979 of Council’s previous refusal of a modification application for a rear first floor balcony on a dual occupancy development.

The approved dual occupancy development comprises a two (2) storey dwelling fronting Myall Street and a one (1) and a half storey dwelling fronting Myrtle Street. The balcony subject of this Review is located on the rear of the dwelling fronting Myrtle Street. The balcony is accessed via a bedroom.

The balcony has been built without development consent and has dimensions of 3.4m and 2.7m. It has been designed to be integrated into the roof below and has a solid balustrade.

As part of the Review application the proposal has been amended in the following manner:

* A 1.8m privacy screen has been included on the western elevation of the balcony,
* An 800mm wide planter box incorporating.


BACKGROUND

9 Nov 10 Development consent was granted for demolition of existing structures, construction of a detached dual occupancy and subdivision into two (2) Torrens title allotments.

9 Mar 11 A Section 96 modification application was lodged for approval of the unauthorised balcony.

4 May 11 The Section 96 modification application was reported to the Development Assessment Committee who deferred consideration of the matter for a site inspection by Ward and interested Councillors.

8 Jun 11 Council’s Development Assessment Committee resolved to refuse the modification application and “balcony to be removed and reinstated to its original state in accordance with the approved plan”.

15 Jul 11 Current Section 96AB Review of Determination application lodged.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the eastern side of Myall Street at the corner of Myrtle Street, Oatley. Myrtle Street has been closed off and only pedestrian access is permitted to Myall Street. The site has a frontage to Myall Street of 20.115m and a frontage to Myrtle Street of 50.29m and a site area of 1011.5sqm.

The dual occupancy development, subject of this Review is under construction and is nearing completion.

Adjoining the site to the south is a two (2) storey dwelling and to the rear of the site (facing Myrtle Street) is a two (2) storey dwelling. On the opposite side of Myall Street and Myrtle Street are one (1) and two (2) storey dwelling houses. The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses.


COMPLIANCE AND ASSESSMENT

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

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Section 96AB Review where modification application refused or conditions imposed

This Review has been undertaken in accordance with the provisions of Section 96AB of the Environmental Planning and Assessment Act, 1979.

For the benefit of Councillors, the previous assessment report is attached at the end of this report.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994

The permissibility of the development and compliance with the objectives and standards of the Hurstville Local Environmental Plan was established in the original development consent. This application does affect the acceptability of the development pursuant to the Local Environmental Plan.

This application does not affect the original application’s compliance with any other environmental planning instrument.

2. Draft Environmental Planning Instruments

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

3. Development Control Plans

The balcony with planter bed and screening does not result in any additional non compliance with Development Control Plan No 1 from the originally approved development.

4. Impacts

Natural Environment

No impact.

Built Environment

Privacy

The following condition was recommended as part of the assessment of the modification application:


The applicant has proposed a 1.8m high privacy screen on the western elevation of the balcony and a planter bed on the southern side of the balcony. The privacy screen will prevent the overlooking of the adjoining dwelling in the dual occupancy development.

Due to the significant fall in Myall Street, the balcony primarily overlooks the roof of the adjoining property to the south. There is a view of a small portion of the rear yard of the adjoining property, however, due to the high solid balustrade and the introduction of a planter box, the privacy impact is considered to be negligible.

Streetscape

The balcony has been designed to integrate into the roof of the dwelling and as such is not readily visible from any public place. The balcony does not have any impact on the streetscape appearance of the dwelling.

Social Impact

No social impact is considered to occur as a result of the modification application.

Economic Impact

No economic impact is considered to occur as a result of the modification application.

Suitability of the Site

The suitability of the site for the development was established as part of the original development consent for a dual occupancy. Nothing in this modification application alters this.


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.

Council Referrals

Acting Manager – Building Control

The Acting Manager – Building Control has advised that the recommended fine for the unauthorised works is $1,500.00.


6. CONCLUSION

Although the balcony has been constructed without development consent, it is not clearly visible from the street and with the imposition of privacy screening and a planter box as proposed, it will not have an adverse amenity impact on any adjoining property.

The retention of the balcony is not considered to materially alter the original development consent and is considered to be substantially the same development as to which consent was originally granted.


RECOMMENDATION

Pursuant to the provisions of Section 96AB of the Environmental Planning and Assessment Act, as amended, the determination of 10/DA-131Rev01 on 21 June 2011 for the retention of unauthorised first floor rear balcony on Lot 10 DP 6368 and known as 107 Myall Street, Oatley, be rescinded and this subject 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
10-013 Issue D, 1, 2, 3, 8, 9, Issue B 11 and 12
26 Feb 10
Garage level floor plan, ground floor plan, first floor plan, site analysis, shadow analysis, subdivision plan, sediment control planUrban Link Pty Ltd
10-013 – 1-Issue I
7 Mar 11
Site planUrban Link Pty Ltd
10-013-2 Issue I
7 Mar 11
Second floor planUrban Link Pty Ltd
10-013-3 Issue I
7 Mar 11
Elevation 1Urban Link Pty Ltd
10-013-4 Issue I
7 Mar 11
Section and Elevation 2Urban Link Pty Ltd
10-2291
Mar 10
Existing tree and surfaces plan, planting plan Zenith Landscape Designs
14551-10
6 Feb 10
Plan showing selected detail and levelsJP Bates and Inwood
10-009
26 Feb 10
FinishesUrban Link Pty Ltd
(Amended as part of REV01)


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

(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.

7. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$1,725.00
16 Apr 10
331865
Plan First Fee
X
AP35
$512.00
16 Apr 10
331865
Notification Fee
X
AP12
$127.00
16 Apr 10
331865
Imaging Fee
X
AP165
$156.00
16 Apr 10
331865
Long Service Levy
X
AP34
$2,800.00
8 Dec 10
343554
Builders Damage Deposit
X
BON2
$1,500.00
8 Dec 10
343554
Inspection Fee for Refund of Damage Deposit
X
DA6
$125.00
8 Dec 10
343554
Subdivision Application Fee
X
$290.00
16 Apr 10
331865
Subdivision Certificate Fee
X
$280.00
8 Dec 10
343554
88B Checking Fee
X
$242.00
8 Dec 10
343554
S94 - Open Space & Community Recreation
X
CONT9
$5,555.00
8 Dec 10
343554
S94 - Community Services & Facilities
X
CONT3
$2,982.00
8 Dec 10
343554
S94 - Management
X
CONT8
$219.59
8 Dec 10
343554
S94 - Library Infrastructure
X
CONT7
$1,519.00
8 Dec 10
343554
S94 - Library Bookstock
X
CONT4
$8.63
8 Dec 10
343554
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)
PCA Services Fee
DA6
$2,223.07
8. 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.

9. 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) All ensuite, laundry and bathroom windows containing translucent glazing.
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. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:12. 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 $5,555.00.

13. 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 $2,982.00.

14. 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 $219.59.

15. 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 $1,519.00.
The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $1,527.63.

16. 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.

17. 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

18. Geotechnical Reports - The developer must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

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

(b) Dilapidation Reports on the adjoining properties including, but not limited to 109 Myall Street (only) 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.

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

20. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.21. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

22. 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.

23. 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.24. 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.

25. 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.

26. 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 5% (depending upon the type of development) annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987). Maximum peak site discharge resulting from the development shall not be greater than peak site discharge, where the lots were previously occupied by a single dwelling, garage, lawn and garden.

(b) Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

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

Full details shall accompany the application for the Construction Certificate.

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. It may be necessary to include a grated surface box type drain in front of the garage entry to proposed Dwelling B.28. DR13 - All stormwater shall drain by gravity to Council's kerb and gutter.29. 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.

30. 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.

31. 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.32. 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.

33. 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.

34. 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.35. The street tree ‘Callistemon Salignus’ (White Bottlebrush) located at the front of the site is to be removed by Hurstville Council at the applicants cost. An application to remove this tree is to be lodged and approved by Hurstville Council prior to the issue of the Construction Certificate.

36. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or
(i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and

(b1) The Principal Certifying Authority has, no later than 2 days before the building work commences: (ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(b2) The person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:

(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(c) The person having the 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.

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

(a) Obtain a Construction Certificate from either Hurstville City Council or an Accredited Certifier - a fee applies for this service; and

(b) Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.

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

(a) Not less than two (2) days notice of the date on which it is proposed to commence work associated with this Development Consent.

(b) Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier).
39. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.40. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

41. 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.42. 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.

43. 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. 44. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure: (b) removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)
(c) all uncontaminated run-off is diverted around cleared or disturbed areas
(d) silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways
(e) all erosion and sediment controls are fully maintained for the duration of demolition/ development works
(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways
(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar
(h) all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters
(i) pumped or overland flows of water are discharged so as not to cause, permit or allow erosion
(j) compliance with the Do it Right on Site brochure requirements publicated by SSROC

before the commencement of work (and until issue of the Occupation Certificate).45. DE6 - Demolition is to be undertaken in accordance with the submitted and approved Waste Management Plan in relation to the following: (a) Method of demolition.
(b) Amount of recyclable material.46. DE 1

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

47. 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.

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

49. 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.

50. 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.

51. 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.

During the Development52. 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.

53. 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.

54. 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.

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

57. 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.

58. 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.59. 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.

60. 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.

61. 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.62. 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.

63. 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.64. 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.65. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 66. 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.67. 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.68. Tree protection zones and tree protection fencing is to be provided around the trees that must be retained in accordance with AS - 4970 “Protection of trees on development sites”. Prior to any development or demolition taking place on the site, a site arborist/consulting arborist is to supervise and approve the provision of tree protection measures. The tree protection measures are to be maintained throughout the construction process and removed only when the construction work is completed.69. 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:70. 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:

71. 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.

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

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

73. 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.

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

75. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 300439 dated 13 April 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

76. SU156 - A separate letterbox for each dwelling shall be erected and metal rivet-on type numbers installed to each letterbox. These numbers are to be no. 107 Myall Street for the dwelling facing Myall Street and no. 11 Myrtle Street for the dwelling facing Myrtle Street.77. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.78. Drainage Maintenance - The on-site detention drainage facility shall be maintained at all times in accordance with the approved plans.

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

81. 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.
82. SU150 - Five (5) 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.

This plan is to show the dividing wall as a brick party wall and is to create any easements for overhanging roof structures.

83. SU151 - The Dual Occupancy shall be built and completed in accordance with the Conditions of Development Consent No. 10/DA-139 before release of the signed subdivision plans from Council.

84. SU152 - An interim or final Occupation Certificate shall be obtained from the Principal Certifying Authority and submitted to Council prior to the release of the signed subdivision plans from Council.

85. SU153 - All Section 94 Contributions and any other outstanding fees as per Conditions of Development Consent No. 10/DA-139 shall be paid prior to the release of the linen plan of subdivision.

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

(a) A 1.0m wide easement for stormwater pipes, and
(b) A service to have a 300mm wide easement created and registered over it.

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

87. 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.

88. SU156 - A separate letterbox for each dwelling shall be erected and metal rivet-on type numbers installed to each letterbox. These numbers are to be no. 107 Myall Street for the dwelling facing Myall Street and no. 11 Myrtle Street for the dwelling facing Myrtle Street.

89. SU157 - A Restriction of Use of the Land is to be created over each lot by Section 88B of the Conveyancing Act to ensure each dwelling erected on these lots and the landscaping and paving of each site is to be maintained in conformity with the conditions of any future development consent approved under Council's Dual Occupancy Codes and Requirements. This Restriction shall be worded as follows:

"No dwellings, including the landscaping and paving of each site shall be erected upon the lots burdened unless constructed, completed and maintained in conformity with the conditions of Development Consent No. 10/DA-139 as approved by Hurstville City Council or in conformity with the conditions of any future Development Consent approved under Council's Dual Occupancy Codes and Requirements."

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

90. SU158 - A Positive Covenant is to be created pursuant to Section 88B of the Conveyancing Act, 1919 to ensure any on-site detention drainage facilities, together with any ancillary pipes, pits etc, be kept clean at all times, maintained in an efficient working condition and are not to be modified in any way without the prior approval of Council. This Covenant shall be worded as follows:

"It is the responsibility of the lots burdened to keep the "On-Site Detention" facilities, together with any ancillary pumps, pipes, pits etc, clean at all times, maintained in an efficient working condition. The "On-Site Detention" facilities is not to be modified in any way without the prior approval of Council."

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

91. 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.


92. 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.

93. If you are not satisfied with this determination, you may:
94. 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.

95. 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.

96. 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.97. 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 131318.98. 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.99. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.100. 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.

101. AD14 - If, in the future, separate ownership is sought for each dwelling, Cross Easements for support are required over the dividing wall as well as Rights of Carriageway, Easements for overhanging roof structures, drainage pipelines or services that pass from one lot into the other lot.

102. 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.

103. 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.

104. 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.

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

106. If you need more information, please contact Senior Development Assessment Officer Ms P Bizimis on 9330-6284 during normal office hours.
For the information of Councillors, please find the previous report below.

"BACKGROUND

The application was deferred at the Development Assessment Committee meeting of 4 May 2011 for site inspection and report by Ward and interested Councillors. The inspection will be held on 1 June 2011.


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

BACKGROUND

On 9 November 2010 development consent was granted to 10/DA-139 for the demolition of existing structures, construction of a detached dual occupancy (in the form of a two (2) storey dwelling with semi basement facing Myall Street and a one and half (1.5) storey dwelling facing Myrtle Street) and subdivision into two (2) torrens title allotments. The development consent was granted subject to conditions of consent which included, amongst others, conditions 2 and 9 which are relevant to this application:

“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
10-013 Issue D, 1, 2, 3, 4, 5, 6, 7, 8, 9, Issue B 11 and 12
26 Feb 10
Garage level floor plan, ground floor plan, first floor plan, second floor plan, elevation 1, section and elevation 2, site plan, site analysis, shadow analysis, subdivision plan, sediment control planUrban Link Pty Ltd
10-2291
Mar 10
Existing tree and surfaces plan, planting plan Zenith Landscape Designs
14551-10
6 Feb 10
Plan showing selected detail and levelsJP Bates and Inwood
10-009
26 Feb 10
FinishesUrban Link Pty Ltd
9. 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) All ensuite, laundry and bathroom windows containing translucent glazing.



DESCRIPTION OF THE PROPOSAL

An application under Section 96(1A) of the Environmental Planning and Assessment Act, 1979 has been received to modify the approved development by:

* Retaining the unauthorised balcony constructed to the first floor of the dwelling facing Myrtle Street. The balcony measures 2.5m x 3.4m and is accessed from sliding doors off bedroom 3. A 1.1m high solid brick balustrade is provided to the balcony. The balcony is located at the rear of the dwelling and some 7.8m from the common boundary.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the eastern side of Myall Street at the corner of Myrtle Street, Oatley. Myrtle Street has been closed off and only pedestrian access is permitted to Myall Street. The site has a frontage to Myall Street of 20.115m and a frontage to Myrtle Street of 50.29m and a site area of 1011.5sqm. The site has a steep slope to the front of the site with several retaining walls located within the site.

Existing on the site was a single storey dwelling with vehicle access to a carport from Myrtle Street. These structures have been demolished and the approved dual occupancy development is currently under construction.

Adjoining the site to the south is a two (2) storey dwelling and to the rear of the site (facing Myrtle Street) is a two (2) storey dwelling. On the opposite side of Myall Street and Myrtle Street are one (1) and two (2) storey dwelling houses. The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses.


COMPLIANCE AND ASSESSMENT

Assessment of Section 96(1A) Application

Section 96(1A) of the Environmental Planning and Assessment Act, 1979 allows Council to modify a development consent if:
Comment: The proposed modification is of minimal environmental impact. The modification proposed in the Section 96(1A) application is unlikely to result in any additional impact to the adjoining developments, however the location of the balcony may result in some overlooking to the adjoining development at Myall Street. This is discussed in the section below entitled “3. Development Control Plans”.Comment: The modified development is substantially the same development as that originally approved. The modification to the approved development is minimal and the development will remain as a dual occupancy development.Comment: The application was notified in accordance with Council’s requirements and no submissions were received in reply.

Other Considerations Relevant to a Section 96(1A) Application

In determining an application for modification of the development consent, the relevant matters referred to in Section 79C(1) must be taken into consideration. The following is a discussion of matters under Section 79C as being relevant to the current Section 96 application.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994

The subject site is zoned 2 - Residential and the proposed development, being a modification of an approved development is permissible in the zone with the consent of Council.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The site is within the area affected by Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal is consistent with these requirements.

2. Draft Environmental Planning Instruments

This application does not affect the development’s compliance with any draft environmental planning instruments.

3. Development Control Plans

The proposal has been assessed against the relevant requirements of Council’s Development Control Plan No 1 and the proposal does not change the approved development’s compliance with these requirements from that previously approved.

The introduction of the balcony to the first floor of the dwelling facing Myrtle Street may result in some overlooking to the adjoining development facing Myall Street. In this regard it is considered that a privacy screen should be provided to the southern elevation of the balcony so that the balustrade is at least 1.5m high. (The proposal is a solid balustrade only 1.1m high.) The applicant was verbally advised of this and has verbally agreed to the privacy screen. A condition to this effect has been provided in the recommendation, should consent be granted.

4. Impacts

Natural Environment

The retention of the balcony is unlikely to have an adverse impact on the natural environment.

Built Environment

The retention of the balcony does not result in any adverse impacts on the built environment. The development is permitted in the residential zone and complies with the requirements of the relevant planning instruments and Development Control Plans. As discussed in the report, the balcony may result in some overlooking of the adjoining property, however the provision of a privacy screen to the balcony will mitigate this impact.

Social Impact

The proposed development is unlikely to have any social impacts.

Economic Impact

The proposed development is unlikely to have any economic impacts.

Suitability of the Site

The proposed site is suitable for the development proposed.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified in accordance with Council’s requirements and no submissions were received in reply.

Council Referrals

No internal referrals were required to be made for this application.

External Referrals

No external referrals were required to be made for this application.

Unauthorised Works

The proposal is to rectify unauthorised works. Therefore, should the application be approved, it is recommended that it also be referred to Manager – Building Control for appropriate action.


6. CONCLUSION

The proposed modification is substantially the same development as was originally considered and approved by the Council. The proposed modification is considered acceptable having regard to the provision of Sections 79C and 96 of the Environmental Planning and Assessment Act, 1979. Approval of the application under Section 96 is recommended.


RECOMMENDATION

A. Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, Development Consent 10/DA-139 granted on 9 November 2010 for the demolition of existing structures, construction of a detached dual occupancy and subdivision into two (2) torrens title allotments on Lot 10 DP 6368 and known as 107 Myall Street Oatley is amended in the following manner:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This modification to original Development Consent No. 10/DA-139 endorsed 9 November 2010 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.

The modification to Development Consent No. 10/DA-139 is approved subject to:


2. Amendment to the following condition/s:

By amending Conditions 2 and 9 to read as follows:

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
10-013 Issue D, 1, 2, 3, 4, 5, 6, 7, 8, 9, Issue B 11 and 12
26 Feb 10
Garage level floor plan, ground floor plan, first floor plan, second floor plan, elevation 1, section and elevation 2, site plan, site analysis, shadow analysis, subdivision plan, sediment control planUrban Link Pty Ltd
10-013 Issue H, 1, 2, 6, 7, 8 as they relate to the introduction of the first floor balcony to bedroom 3 only
Received
9 Mar 11
Site Plan, Site Analysis, Second Floor Plan, Elevation 1, Section and Elevation 2Urban Link Pty Ltd
10-2291
Mar 10
Existing tree and surfaces plan, planting plan Zenith Landscape Designs
14551-10
6 Feb 10
Plan showing selected detail and levelsJP Bates and Inwood
10-009
26 Feb 10
FinishesUrban Link Pty Ltd
9. 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) All ensuite, laundry and bathroom windows containing translucent glazing.

3. Consent Operation - This consent operates from the date the original consent was endorsed, ie 9 November 2010, except as qualified by Section 93 of the Act.

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

(a) Apply for a Review of a Determination under Section 96AB of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within twenty-eight (28) days from the date of this Notice of Determination and be accompanied by the relevant fee. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.
OR

(b) Appeal to the Land and Environment Court within six (6) months after the date on which you receive this Notice of Determination, under Section 97AA of the Environmental Planning and Assessment Act 1979.

5. Please attach this amendment to your copy of the Development Consent for 10/DA-139. Please note that all other conditions remain unaltered and must also be complied with.

6. If you need more information, please contact Senior Development Assessment Officer, Ms P. Bizimis, on 9330-6284 during normal office hours.B. 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 Council rescind its original determination and approve the application.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX
Site Plan Myall.PNGReview of Determination - Elevations - 107 Myall St Oatley.PDFReview of Determination - Site plan - 107 Myall St Oatley.PDF

Company extract - applicant - Section 96AB - 107 Myall Street.pdf
Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC115-11 PK - 14 CLIFF AVENUE, PEAKHURST HEIGHTS - SECTION 96 APPLICATION TO AN APPROVED ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING FOR UNAUTHORISED WORKS AND NEW ATTACHED CARPORT


Applicant

Mr P Kirwan

Proposal

Section 96 application to an approved alterations and additions to an existing dwelling for unauthorised works and new attached carport

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 55 – Remediation of Land, Development Control Plan No 1 – LGA Wide - Section 2.2 Neighbour Notification, Section 4.3 Outbuildings, Section 4.5 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling House

Owner/s

P Kirwan and M Smith

Existing development

Under construction of alterations and additions to existing dwelling

Cost of development

N/A

Reason for referral to Council

Unauthorised works

Report author/s

Senior Development Assessment Officer, Mr I Karaman

File No

2008/DA-32REV1

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The Section 96 application proposes to remedy unauthorised works to approved alterations and additions to an existing dwelling.

2. The unauthorised works are partially completed and the subject works comply with Council requirements under Development Control Plan No 1 – LGA Wide - Section 4.5 Single Dwelling Houses.

3. The proposal was notified and advertised in accordance with Council’s requirements with no objections received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks a Section 96 modification for the unauthorised works undertaken to approved alterations and additions to an existing dwelling on the site. The original approval granted included the brick veneering of the existing dwelling, a new entrance porch, a new balcony and stairway to the rear elevation, an extension to the main bedroom with an ensuite to the second bedroom.

The subject unauthorised works include the following:

* Extension of the tiled roof to the eaves including over the carport to the north;
* Smaller window in the bathroom on the northern elevation;
* Smaller window (high sill) of the living area on northern elevation;
* Window of stairwell reduced in width and now brick glass.

New additions yet to be constructed include an attached carport with tiled roof to side boundary.


BACKGROUND

The original application 08/DA-32 was approved by Council on 7 April 2008 via delegated authority. Council issued a Stop Work Order to the applicant on 18 May 2011 advising that the building work is being carried in contravention of the Environmental Planning and Assessment Act 1979 as the building work has been constructed without prior development consent and prior to a Construction Certificate.

Further to that, the applicant was advised that the proposed changes to the design require a Section 96 modification application to be submitted to Council for assessment.

This Section 96 application now seeks approval for all unauthorised works partially completed and for those works yet to be completed for the development on the site.


DESCRIPTION OF THE SITE AND LOCALITY

The site is located on a regular allotment of land on the western side of Cliff Avenue, Peakhurst Heights. The frontage to the site is 18.29m with a boundary length of 38.41m. The property has a total area of 702.4 square metres with the alterations and additions of the dwelling on the site currently under construction. The existing dwelling is single storey at the frontage and due to the fall of the site, comprises of two (2) storeys at the rear. There are two (2) existing driveways to the land, each with their own carport.

Adjoining the site, along the southern boundary at 16 Cliff Avenue is a two (2) storey weatherboard dwelling. At the northern boundary is a brick dwelling at 12 Cliff Avenue. At the rear of the property is the common boundary to Gannons Park. The surrounding area is generally residential in character with a mix of mainly older single dwellings and newer two (2) storey dwellings.


COMPLIANCE AND ASSESSMENT

The application being a Section 96(1A) modification has been assessed against the relevant provisions under Section 96 of the Environmental Planning and Assessment Act 1979. Section 96(1A) of the Environmental Planning and Assessment Act 1979 involves modification of minimal environmental impact.

SECTION 96(1A) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Comment: The subject modifications are considered to be of minimal environmental impact with the majority of the unauthorised works being minor changes to windows and the roof form, which are not considered to result in any adverse impacts to adjoining properties.
Comment: The development is considered to be substantially the same development as the development for which the consent was originally granted that is it remains to be a single dwelling on the site.

Comment: The application has been notified in accordance with the provisions of Council's Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification and Advertising of Development Applications.

Comment: No submissions were received with this Section 96 Development Application.
Comment: An assessment of the application has also been carried out under the relevant provisions of Section 79C(1) of the Environmental Planning and Assessment Act, 1979. The matters of relevance to this application have been considered and discussed below.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The proposed development is defined as a “dwelling house” under Hurstville Local Environmental Plan 1994. Such a use is permissible with the consent of Council in the zone 2 - Residential. It is considered that the proposed development generally satisfies the relevant objectives of the zone, which aims to preserve and enhance the character and amenity of established residential areas.Clause 14 – Tree preservation orders

The proposed modifications do not require any removal of trees.

Clause 15 – Services

Pursuant to Clause 15, water supply, sewerage and drainage infrastructure are provided for the development on the site.

Clause 19B - Foreshore Scenic Protection Area

Due consideration has been given to the proposal with respect to the provisions of this clause after review of the submitted plans, supporting documents, schedule of materials and inspection of the site. Accordingly it is considered that the proposal with its modified change in roof form will not result in any significant impacts to the existing built, natural and recreational environment of the foreshore area.

Clause 22 – Excavation, filling of land

The proposed modifications does not any involve any excavation or fill on 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.

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.

2. Draft Environmental Planning Instruments

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

Any other matters prescribed by the Regulations

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

Demolition

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

3. Development Control Plans

The original application was assessed against Council’s relevant Development Control Plan at the time including Section 4.5 Single Dwelling Houses and fully complies with these relevant provisions. The proposed modifications do not alter the dwelling’s compliance with the above provisions.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 OUTBUILDINGS

The proposed attached carport at the northern elevation to be constructed will comply with the requirements under this section provided two (2) of the sides are open form and at least a third of its perimeter is open and being constructed to the side boundary with roof cladding of the carport be at least 500mm clear of the allotment boundary and be comprised of non combustible materials.

The proposed carport will be attached via the tiled roof to the existing dwelling with face brick wall and columns with two (2) window openings. A new condition of consent is recommended that the design of the new attached carport at the northern elevation to have two (2) of the sides be open form and at least a third of is perimeter as open and being constructed to the side boundary with the roof cladding of the carport be at least 500mm clear of the allotment boundary and be comprised of non combustible materials.

4. Impacts

Natural Environment

It is considered the proposed modifications will have minimal negative impacts with respect to the natural environment.

Built Environment

Roof Form

The proposed modifications to the roof form result in the extension of the tiled roof over to the eaves along the southern elevation and over the adjoining carport along the northern boundary. The ridge line is marginally higher at only 130mm at the rear but tapers down as compared to the former approved gable end. The roof form is considered unlikely to result in any significant overshadowing to the private open space area of the southern adjoining property. The proposed modifications in extended roof form provide an improvement in appearance in the integrated form of the new additions to the existing dwelling. Accordingly, it is considered the unauthorised works do not result in any adverse impacts to neighbouring properties and do not detract from the appearance of the dwellings.

Social Impact

The proposed modifications are unlikely to have any social impacts.

Economic Impact

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

Suitability of the Site

The site is identified as being bush fire prone and was referred to the NSW Rural Fire Service for the original proposed development. The recommended conditions from the NSW Rural Fire Service still apply with the current proposed modifications to ensure the development conforms to the specifications and requirements of Planning for Bushfire Protection, ISBN 0 9585987 8 9, produced by the NSW Rural Fire Service. It is considered the site is not affected by any other known environmental risks, and is therefore considered to be suitable for the form of development as proposed.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResident

The proposal was advertised and adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. There were no submissions received during the exhibition period.

Council Referrals

Acting Manager – Building Control

As the works have been constructed without consent, the proposal was referred to Council’s Acting Manager – Building Control for comment and appropriate action.

Acting Manager – Building Control has advised of the following:


6. CONCLUSIONThe proposal seeks modification to the approval of the alterations and additions to the existing single dwelling on the site. The proposed modifications as a result of unauthorised works are considered to be minimal as discussed. An assessment under Section 96 and the relevant provisions of Section 79C of the Environmental Planning and Assessment Act 1979 have been undertaken. It is considered the proposal is suitably designed and complies with the requirements of Section 4.5 Single Dwelling Houses of Development Control Plan No 1 – LGA Wide and accordingly the application is recommended for approval subject to conditions of consent.
RECOMMENDATIONPursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 08/DA-32 granted on 7 April 2008 for the brick veneering to existing dwelling and alterations and additions on Lot 25 DP 216450 and known as 14 Cliff Avenue, Peakhurst Heights is amended by revising Condition 2 and new condition 15A as shown in bold. Below is the revised consent incorporating these changes.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
1D, 2D,3D, 4D
6 Jun 11
Floor Plans, Site Plan, Elevation Plans, Section Plans,
Akitex Pty Ltd
Not shown
Received
15 Jun 11
Schedule of Finishes
Not shown
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:
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$314.00
25 Jan 08
291933
Notification Fee
X
AP12
$100.00
25 Jan 08
291933
Imaging Fee
X
AP165
$60.00
25 Jan 08
291933
Long Service Levy
X
AP34
$168.00
30 Apr 08
296448
Builders Damage Deposit
X
BON2
$1200.00
30 Apr 08
296448
Inspection Fee for Refund of Damage Deposit
X
DA6
$92.00
30 Apr 08
296448
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)
Building Inspection Fees
X
DA6
$440.00
30 Apr 08
296448
Occupation Certificate Fee
X
AP22
$90.00
30 Apr 08
296448
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) slabs
(c) structural steel
(d) reinforced building elements13. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

14. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction.

15. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the existing drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.15A. The new attached carport at the northern elevation be designed to have at least two (2) of the sides and at least a third of its perimeter as open form being constructed to the side boundary with the roof cladding of the carport be at least 500mm clear of the allotment boundary and comprised of non combustible materials. (Amended as per of REV 01)

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

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

(c) Details of the name, address and licence details of the Builder.

NSW Rural Fire Service Conditions(1) At the commencement of building works and in perpetuity, the entire property shall be managed as an inner protection area as outlined within Planning for Bush Fire Protection 2006 and the Service’s document “Standards for asset protection zones.”(2) Water, electricity and gas are to comply with section 4.1.3 of Planning for Bush Fire Protection 2006.”

(3) Unobstructed pedestrian access shall be provided to the perimeter of the proposed development.

(4) (a) New construction shall comply with Australian Standard AS3959-1999 “Construction of buildings in bushfire-prone areas” Level 3.(6) Landscaping for the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006.19. 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. 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, an inspection fee will be paid in accordance with the Schedule of Fees and Charges. Inspection fees are payable for each and every inspection, whether an initial inspection or follow up inspection where remedial work has been necessary. 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.

Fee Required: $440.00 where Council is the Principal Certifying Authority, payment before issue of the Construction Certificate.23. 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.

24. 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.

25. 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.

26. 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.

27. 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.
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. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.34. 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.
35. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse two (2) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, 95, and 95(A) of the Act.

36. 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.)

37. 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.

38. 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.
39. 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.40. 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.
41. 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.42. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.43. 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.

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

FURTHER THAT the matter be referred to Council’s Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 (as amended) 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 Council’s Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 (as amended) in accordance with Council’s adopted Enforcement Policy.
(Moved Councillor P Sansom / Seconded Councillor J Jacovou)





APPENDIX
S96 Modification - Site Plan - 14 Cliff Ave Peakhurst Heights.PDFS96 Modification - Elevation - 14 Cliff Ave Peakhurst Heights.PDFSite Location Map 14 Cliff Av.PNG


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC116-11 PK - 21 MAPLE STREET, LUGARNO - NEW REAR DECK AND ABOVE GROUND SWIMMING POOL


Applicant

Sharon Puckeridge

Proposal

New rear deck and above ground swimming pool

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 55 – Remediation of Land, Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification, Section 3.7 Drainage and On-site Detention Requirements, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Brett and Sharon Puckeridge

Existing development

Single dwelling house

Cost of development

$44,000.00

Reason for referral to Council

Two submissions received (from the same person)

Report author/s

Development Assessment Officer, Mr P Nelson

File No

11/DA-127

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes the provision of a new roofed deck to the rear of the exiting single dwelling house and the provision of an above ground pool in the rear yard.

2. The proposal complies in full with Council’s relevant controls.

3. One (1) submission was received in relation to the original proposed development. One (1) submission was also received in relation to the amended plans. These submissions were by the same person


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 provision of a new deck and above ground swimming pool to the rear of the existing dwelling house.

The new deck will replace and enlarge an existing deck area. The proposed new deck is to occupy an area of 62.07sqm in the form of an “L” at the rear of the existing single dwelling house. The majority of the new deck is proposed to be located between three (3) walls of the existing dwelling house (the rear of the existing dwelling house forms a “U” shape).

The deck is proposed to be roofed with a colourbond roof, which is to follow an identical pitch to the roof of the existing dwelling house. As the deck and associated roof structure are located in between three (3) walls of the dwelling, the roof form above the deck will be a continuation of the existing skillion roof form above the southern side laundry and the northern wing of the dwelling.

The above ground pool is to be located on the north eastern (rear) side of the site. The ovular pool is to be of maximum dimensions of 6.2m x 3.1m and is to be located a minimum of 3.7m from the nearest adjoining (side) boundary. The area around the pool is to be provided with new concrete pavers and the pool and paving is proposed to be fenced off with a 1200mm high metal pool fence.

The existing trees in the rear yard are proposed to be retained as part of the proposed development.


BACKGROUND

Plans submitted with the application initially detailed the length of the swimming pool to run along an east-west axis. Amended plans were received re-orientating the pool length along a north-south axis, thereby resulting in the relocation of the pool closer to the rear (eastern) boundary.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a generally rectangular shaped site with a skewed rear boundary and a frontage of 18.595m to Maple Street and an area of 825.3sqm. The site is located on the eastern side of the street. Existing on the site is single dwelling house. The dwelling is two (2) levels at the street and single storey at the rear. The footprint of the dwelling house is in a “U” shape with the arms of the “U” facing east (towards the rear of the allotment).

The allotment has a significant fall from the existing building footprint to the street. The rear yard experiences a fall from east to west. As such the southern and eastern neighbours to the subject site are considerably higher and have views down into the subject site. The adjoining allotment to the north is considerably lower than the subject site and therefore the rear yard of this property can be seen from the subject property.

Two (2) significant eucalyptus trees are located in the rear yard, near the rear boundary.

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

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

Clause 15 – Services

Appropriate provision of utility and stormwater disposal services is provided to the site in accordance with this section of the Local Environmental Plan. All stormwater may drain by gravity to Maple Street.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

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

2. Draft Environmental Planning Instruments

No Draft Environmental Planning Instruments are relevant in relation to the current proposal.

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

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

The proposal has been notified in accordance with Section 2.2 of the Development Control Plan. The application was notified on two (2) separate occasions. One (1) submission was received during each period of notification. These submissions are addressed later in the report.

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

The disposal of stormwater may be satisfactorily conditioned so as to be in compliance with this section of the Development Control Plan. It is noted that the existing dwelling house drains by gravity to the street. It is considered that the proposal may be appropriately conditioned to ensure that the new roof area is to drain to the street gutter via the existing system.

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

An assessment is provided in relation to the relevant controls under this section of the Development Control Plan shown in the table below. It is noted that the proposed roof form to be constructed above the proposed deck is considered to be a continuation of the roof form of the existing dwelling house and as such is required to be assessed under the relevant provisions of Section 4.1 of Development Control Plan No 1.

Single Dwelling HousesStandardProposedComplies
4.1.3.2 Landscape and Open Space

Principal Private Open Space

Deep Soil
45%

30sqm and minimum dimensions of 5m

25% of site with
15sqm in front yard on sites wider than 12m
64.59%

53.526sqm
8.4m x 6.34m

52.49%
168sqm
Yes

Yes


Yes
4.1.3.3 Building HeightCeiling height 7.2m
Ridge height 9m
2.62m
4.92m
Yes
Yes
4.1.3.10 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
New proposed roof above new proposed deck will not result in any additional overshadowingYes
The proposal complies in full with the relevant requirements under this section of Development Control Plan No 1.


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

OutbuildingsStandardProposedComplies
Terraces, landings and stepsMay extend to the boundary and be constructed of combustible materials provided they do not exceed 1m in heightProposed deck is a minimum of 2.6m from the nearest side boundary.
The proposed pool paving is non-combustible and is located a minimum of 1.2m from the nearest side boundary.
Yes
As demonstrated in the table above, the proposed pool paving and deck areas comply in full with this section of Development Control Plan No 1.


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

The application proposes a new above ground pool, associated paving and swimming pool fencing. An assessment of this part of the proposal is provided below.

Swimming Pools and Spas
Standard
Proposal
Complies
Above ground poolsWall of pool may form barrier if 1200mm highPool fencing proposedYes
Side SetbacksPool edge must be setback at least 1.5m from any side or rear boundary3.7m minimum setback for pool edge proposedYes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencingPool edge a minimum of 1.5m from pool fencingYes
FillingFilling of land between pool and property boundary is not permittedNo filling between pool and boundary proposedYes
NoiseThe position of the swimming pool and ancillary equipment must be located so as to minimise the impact of noise on adjoining neighboursThe location the swimming pool equipment is not stated. The distance of the pool from any adjoining dwelling may be sufficient to minimise any noise concern, however a standard condition of consent will be imposed to ensure compliance with this requirement.Yes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 - Swimming Pool Safety and provisions in DCP 1Required to be satisfied as a condition of consent Yes
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing, and
- Height of any opening between the bottom of the fence and finished ground level shall not exceed 100mm, and

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

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

-The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point
Fencing stated to be 1.2m



Required to be satisfied as a condition of consent




Required to be satisfied as a condition of consent


Required to be satisfied as a condition of consent



Required to be satisfied as a condition of consent
Yes



Yes





Yes



Yes




Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceProposed pool fence gate is shown to swing outwards. The latching device would be required to be satisfied as a condition of consent Yes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingRequired to be satisfied as a condition of consent Yes
As detailed in the table above, the proposed swimming pool complies, or is to be conditioned to comply in full with the requirements of this section of Development Control Plan No 1.


4. Impacts

Natural Environment

The proposal is unlikely to result in any negative impact on the natural environment.

Built Environment

The proposal is located in the rear yard of the subject site and is not visible from the street. As such it will have no impact on streetscape. When viewed from the topographically higher adjoining allotments to the east and south, the proposed roof area above the proposed rear deck will be the most visible element of the proposal. As the eastern and southern neighbours look down onto the new proposed colourbond roof, it is considered appropriate that this roof must be conditioned to be of low glare and reflectivity in order to reduce any potential impact on the adjoining neighbours.

Social Impact

The proposal is unlikely to result in any unreasonable social impact.

Economic Impact

The proposal is unlikely to impact on the local economy.

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. One (1) submission was received in relation to the initial set of plans that was notified. Amended plans were renotified resulting in one (1) submission. These submissions are discussed below.

Angle of Roofing

The neighbour has indicated that the angle of roofing will result in an increase of glare into their adjacent rear patio and sunroom. The submission has also indicated that this will result in their rear patio, sunroom and rear living areas being unbearably hot. The neighbour has requested a reduction in roof pitch to negate this issue.

Comment: It is noted that the and southern and eastern neighbours of the subject site have views down on to the existing roof of the current dwelling house and the amount of roof that is visible from these adjoining allotments will increase as a result of the current proposal. With more roof area visible, there is some propensity for a roof with a reflective or glary finish to cause amenity issues to the adjacent neighbour. As such it is considered that the requirement for a condition of consent for the colourbond roof to be finished in a low glare/low reflective finish will satisfy this submission.

Wind/Access to breeze

The submission has indicated that the proposed roof over the deck will block breezes from the north.

Comment: The proposal is unlikely to result in an unreasonable amount of stifling of winds into the rear yard of the neighbouring property.

As discussed in the Background section of the report, it is noted that the application was re-notified due to the reorientation of the proposed swimming pool. The amended plans also received one submission, raising identical issues to those stated above.

Referrals

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


6. CONCLUSION

The application proposes the provision of a new rooved deck and aboveground swimming pool in the rear yard of the subject site. The application complies with Council’s Local Environmental Plan and Development Control Plan No 1.

One (1) submission has been received in relation to the initial set of notified plans. One (1) submission was also received in relation to the subsequently notified amended plans. These submissions have been addressed in the report.

The application is to be recommended for approval for the reasons in the report above.


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-127 for a new rear deck and above ground swimming pool on Lot 15 DP 251010 and known as 21 Maple Street, Lugarno, subject to the attached conditions:

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

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

Plan Number
Plan Date
Description
Prepared By
1.Jul 11Site PlanDesigner Group Pty Ltd
2.Jul 11Floor PlanDesigner Group Pty Ltd
3.Jul 11Elevations and SectionsDesigner Group 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:
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) columns
(d) structural steel
(e) reinforced building elements
(f) swimming pool design
(g) retaining walls
(h) stabilizing works

14. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:

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

15. SP6 - The following apply to the construction, use and maintenance of swimming pools and spas:

(a) No ground level may be raised or filled except where shown specifically on the approved plans;
(b) All pool/spa waste water is to be discharged to the sewer according to the requirements of Sydney Water;
(c) The swimming pool must not be used for commercial or professional purposes;
(d) Pool water quality must be maintained to Council's satisfaction;
(e) Install a hydrostatic pressure relief valve in the base of the pool (in ground pools);
(f) Provide permanently fixed depth markers at each end of the pool;
(g) Drain paved areas to the landscaped areas; and
(h) Arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

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

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

19. 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.20. 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.21. 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.

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

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

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

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

23. 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 92.24. All pool/spa waste water must be discharged to the sewer to the satisfaction of Council and Sydney Water.

25. 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.

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

27. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
28. 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.29. 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.30. 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.

31. 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. 32. 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).

33. 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.

34. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained.

This fencing shall encompass the maximum possible area covered by the drip line of the canopy to prevent damage to the trees and their root system by the movement of vehicles, the handling or storage of building materials, any excavation, filling, or the like. There is to be no storage of building materials, fill or equipment permitted under the canopy of trees retained on site. The Principal Certifying Authority is to approve on-site protection methods before work commences and to ensure maintenance of those protection methods during construction works.
35. 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 any stormwater drainage connections, and
(f) 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.

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

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

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

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

37. 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.

38. SP2 - Filling with Water - No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.

39. MI32 - The rear deck must not be enclosed without the prior written consent of Council.

40. 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.

41. 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.

42. 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.43. 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.

44. 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.

45. 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.46. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

47. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.
48. 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.

49. 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:

50. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.51. 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.

52. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).

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

Monday to Friday (other than a Public Holiday): 7.00 am to 8.00 pm
Saturday, Sunday and Public Holiday: 8.00 am to 8.00 pm54. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.

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

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

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

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

59. All doors and gates providing access to the swimming pool must be kept securely closed at all times when they are not in actual use.60. A separate development application is required for any ancillary structures proposed to be attached to the pool, any additional paving or modifications to the landscaped open space.
61. 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.

62. 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.)

63. 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.

64. 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.

65. 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.66. 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 131318.67. 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.68. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.69. 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.

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

* * * * *


DECISION - DAC

THAT the matter be deferred for one (1) month to allow the objector to submit further information for a report to Council

(Moved Councillor P Sansom / Seconded Councillor W Pickering, OAM)





APPENDIX
Elevation & section  plan REVISED - 21 Maple Street Lugarno.PDFSite plan REVISED - 21 Maple Street Lugarno.PDF21MapleMap.PNG


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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC117-11 PK - 47-67 MULGA ROAD, OATLEY - SECTION 96(AA) MODIFICATION SEEKING EXTENSION OF TRADING HOURS TO EXISTING COLES SUPERMARKET


Applicant

Coles Supermarket Australia

Proposal

Section 96(AA) Modification seeking extension of trading hours to existing Coles Supermarket

Zoning

Zone 3(a) - Neighbourhood Business

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Development Control Plan No 1 - LGA Wide

Hurstville Local Environmental Plan 1994 interpretation of use

Shop

Owner/s

Reynaldo Plus 3 Pty Ltd

Existing development

Commercial

Cost of development

N/A

Reason for referral to Council

Forty submissions and one letter of support received

Report author/s

Development Assessment Officer, Mr M Raymundo

File No

2004/DA-454REV4

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks modification of a development consent which was approved by the Land and Environment Court (Appeal No.11591 of 2004). The proposal seeks an extension of trading hours to an existing Coles Supermarket resulting in an additional one (1) hour between 7.00am – 8.00am and an additional two (2) hours between 8.00pm to 10.00pm on Sundays and Public Holidays.

2. The proposal was notified in accordance with the provisions within Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification and Advertising of Development Applications. In response, ten (10) submissions were received.

3. The proposal was subsequently renotified to the surrounding properties as per the original notification in addition to Council’s list of objectors on Council’s file for 04/DA-454 for the original proposal. In response, (30) submissions and one (1) letter of support were received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal the seeks the modification of Condition 94A of Land and Environment Court Approval (Appeal No.10505 of 2004) which restricted the Coles Supermarket hours of Operation as follows:

- Monday to Saturday: 7.00am to 10.00pm

- Sunday and Public Holidays: 8.00am to 8.00pm

The proposal seeks the following trading hours;

- Monday to Sunday: 7.00am to 10.00pm

Therefore the proposal seeks one (1) hour between 7.00am – 8.00am and an additional two (2) hours between 8.00pm to 10.00pm on Sundays and Public Holidays.

No other works are proposed as part of this application.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site forms Lots 1 in DP 1123155, Lots 1-5 SP 80288 and Lots 1-11 SP 80289 and is known as Coles Supermarket which is centrally located on the ground floor of Oatley Shopping Village. The supermarket has eighty eight (88) allocated car spaces. Access into the Coles Supermarket is granted by the main central door as well as an entrance via ramp from the basement car parking levels below. Coles Supermarket is the largest tenancy within the complex which also includes a café, gym and residential uses.

Surrounding development comprises of predominantly single storey dwellings of varying architectural styles and designs. Commercial shops are located along Mulga Road to the west. It is noted that surrounding existing restaurants within the immediate vicinity close at about 10.00pm on Sundays.


COMPLIANCE AND ASSESSMENT

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED)

Section 96AA Modification by consent authorities of consents granted by the Court


Comment: Council is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted for. The application seeks to modify Condition 94A which prescribes the current Hours of Operation for the Coles Supermarket.

Comment: The proposed works have been notified in accordance with Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification and Advertising of Development Applications.

Comment: Council has made every reasonable attempt to notify each person who made a submission in respect to the original application forming 04/DA-454. The development proposal was also advertised in the newspaper both during the original notification and renotification period.

Comment: All submissions received have been taken into consideration.

Comment: The assessment has taken into consideration matters referred to within Section 79C(1).

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.

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994

The subject site is zoned 3(a) - Neighbourhood Business. The objectives of the neighbourhood business zone are as follows;

Comment: The proposal does not seek any physical works in relation to this application. The proposed hours of operation would result in an additional three (3) hours a week which is considered to be relatively minor in relation to the existing hours of operation. The additional trading hours proposed are considered to serve the commercial needs of the surrounding local community. The proposal is considered to be that which is compatible with the amenity of the surrounding residential area and would not result in any unreasonable unacceptable noise, traffic, anti-social behaviour impacts or the like commensurate with commercial areas. The existing Coles Supermarket is located on the ground floor and the entrance located centrally within the complex and hence cannot attribute to an active street frontage due to its existing location.

The proposed Section 96 modification is for hours of operation only. The modification does not affect the overall developments compliance with any Environmental Planning Instruments or Development Control Plans.

Impacts

Natural Environment

The proposal is considered not to result in any adverse material natural impacts.

Built Environment

The proposal is considered not to result in any adverse built environment impacts as no physical works are proposed.

Social impacts

The proposed works are considered to result in additional passive natural surveillance during the hours proposed due to the additional staffing of the store and potential increase in patronage during the proposed extended hours of during 7.00am – 8.00am and 8.00pm – 10.00pm during Sundays and Public Holidays by which consent is sought.

Economic impacts

The proposed works are considered to result no adverse unreasonable material impacts.

Suitability of the Site

The proposed works are considered to be suitable for the subject site.


REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified in accordance with the provisions under Development Control Plan No 1 – LGA Wide - Section 2.2 Neighbour Notification and Advertising of Development Applications. In response, ten (10) submissions were received. The proposal was subsequently renotified to the surrounding properties as per the original notification in addition to Council’s list of objectors on Council’s file for 04/DA-454 for the original proposal. In response, (30) submissions and one (1) letter of support was received. The relevant issues raised within the submissions are detailed as per below.

Current trading hours approved by the Land and Environment Court

Concerns were raised that the proposed hours of operation which are not in accordance with the approval.

Comment: The applicant has lodged a Section 96(AA) application to modify Condition 94A (Appeal No.11591 of 2004) of a Court Approved Consent. A merit based assessment has been applied to the extension of trading hours sought.

Increase in traffic/parking issues/increase in deliveries and traffic generated noise

Concerns were received regarding increase in traffic, increase in parking impacts, increase in deliveries and traffic generated noise due to increase hours of operation.

Comment: The proposal seeks the extension of trading hours of the store only. The proposal is unlikely to generate unacceptable traffic and traffic generated noise impacts during the proposed trading hours which are at the start and end of trading. The proposed extended trading hours will not result in additional deliveries during these sought hours.

Pedestrian safety

Concerns were received regarding pedestrian safety due to the increase of traffic.

Comment: The proposed works are considered unlikely to result in adverse material impacts regarding pedestrian safety. It is noted that the proposed extended trading hours may result in more vehicles using the supermarket but does not bear an unreasonable impact due to the extended hours proposed.

Increase in litter/pollution

Concerns were received regarding increase in litter and pollution within the surrounding area.

Comment: The proposed works are not considered to result in additional adverse material impacts relating to litter and pollution of the surrounding area.

Council Referrals

Manager – Infrastructure Planning

Council’s Traffic Section raises no objection to the proposal as there will be no significant impact on traffic or the on-street parking situation in the area.


CONCLUSION

The development proposal has been assessed against the applicable provisions and matters of consideration under Section 79C and Section 96(AA) of the Environmental Planning and Assessment Act 1979 (as amended). The proposed works are considered to not to result in any unacceptable unreasonable material impacts generated by commercial areas within the locality.


RECOMMENDATION

Pursuant to the provisions of Section 96(AA) of the Environmental Planning and Assessment Act, as amended, development consent 04/DA-454 granted for mixed retail/commercial and residential with basement parking on Lot 1 DP 1123155, Lots 1-5 SP 80288 and Lots 1-11 SP 80289 known as 47-67 Mulga Road, Oatley is amended in the following manner:

1. Condition 94A to be amended to read as follows:

Other conditions approved under (Appeal No.10515 of 2004) are not affected by this modification of consent.

* * * * *


DECISION - DAC

THAT approval be granted for the morning trading hours, Sunday and Public Holidays from 7am, for a twelve (12) month trial.
(Moved Councillor J Jacovou / Seconded Councillor W Pickering, OAM)





APPENDIX
47-67 Mulga Road Oatley Map.PNG

Company extract - applicant - 47-67 Mulga Road Oatley.pdf
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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC118-11 PK - 9 BARWON ROAD, MORTDALE - SECTION 96 APPLICATION TO AMEND ROOF ABOVE GARAGE TO REMEDY UNAUTHORISED WORKS


Applicant

Owen Shipp

Proposal

Section 96 application to amend roof above garage to remedy unauthorised works

Zoning

Zone 2 – Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 , Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 4.5 Single Dwelling Houses (previous DCP provisions)

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Nathan and Kristy Shipp

Existing development

Dwelling house with swimming pool

Cost of development

N/A

Reason for referral to Council

Unauthorised building works and one objection received

Report author/s

Development Assessment Officer, Mr K Kim

File No

2009/DA-158REV2

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks approval for a Section 96 modification to remedy an unauthorised attic/roof space above the approved garage including a change to the slope of the roof space to fit into the building envelope.

2. The proposed modification indicates a non compliance with the minimum side setback requirement of Development Control Plan No 1 and conditions are recommended to achieve compliance for the first floor, with the exception of the front parapet.

3. The subject application involves a number of building works that have been undertaken without prior consent (including Construction Certificate), which include building works to the attic/roof space, internal and external alterations and demolition of the existing garage.

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


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 proposal seeks approval for a Section 96 modification to remedy an unauthorised attic/roof space above the approved garage including a change to the slope of the roof space to fit into the building envelope.

In detail, a portion of the roof of the attic/roof space (for a distance of 1.7m from the southern wall of the roof space) is to be altered so that the uppermost ceiling of the southern wall is located at RL 34.05 with a roof pitch of 45 degrees.

The front parapet to the attic/roof space is proposed to be retained with new balustrades for the windows on the façade of the attic/roof space.

For the purpose of consistency of the definitions of an ‘attic’ and ‘roof space’, the attic in this report refers to the attic bedroom and ancillary roof space for the attic bedroom above the garage (with a minimum floor-to-ceiling height of 1.7m) and the roof space refers to the area with a floor-to-ceiling height of less than 1.7m.

In detail, the unauthorised building works are as follows:

* Increased external wall on the southern side of the garage and attic/roof space by 800mm at approximately RL 34.85 at the lowest point, from the approved eaves level (the eaves levels were calculated with the building envelope control of the previous single dwelling code - the initial approval complied with the building envelope control).

* Unauthorised addition of a parapet for the front wall of the living room. This parapet has a height of approximately 500mm from the existing eaves level of the dwelling.

* Garage – the finished floor level of the garage has been increased by 280mm to RL 30.98 (Datum to AHD). The floor-to-ceiling height of the garage has also been increased to 2.4m, from the approved 2.2m floor-to-ceiling height.

* Attic/roof space - the finished floor level of the attic/roof space has been increased by 640mm to RL 33.74 (Datum to AHD).

* The approved roof pitch of 29.4 degrees for the attic/roof space has been reduced to 21.8 degrees (these angles were taken from the eaves level and the ridge level). As a result of the reduced roof pitch of the attic/roof space, the uppermost ridge level has been reduced to 340mm from the originally approved ridge level of RL 38.47.

* The dimensions of the attic bedroom and ensuite bathroom have been increased to 5.3m x 5.3m, from the approved dimensions of 4.78m x 5m.

* Unauthorised addition of a laundry at the rear of the garage.

* Unauthorised addition of three (3) windows to the façade of the attic/roof space above the garage.

* Unauthorised building works were undertaken prior to the issue of a Construction Certificate.

Accordingly, these unauthorised works will be referred to Council’s Building Control section as part of the recommendation.


BACKGROUND

14 Jul 09 Development Application 09/DA-158 for alterations and additions to the dwelling (ground floor rear extension, garage extension to provide a double garage and addition of an attic bedroom) was approved by Development Assessment Committee. No objections were received in relation to this initial application.

31 Jan 11 Notice of ‘Stop Work Order’ was issued for the unauthorised building works.

07 Mar 11 Building Certificate for the front portion of the dwelling was lodged to Council.

15 Mar 11 General Penalty Infringement Notice was issued for the unauthorised works without Construction Certificate.

31 Mar 11 Previous Section 96 application (2009/DA-158 Rev 01) was lodged to Council.

8 Apr 11 Neighbouring residents were notified by letter and given fourteen (14) days, from 8 - 29 April 2011. One (1) objection with a petition containing thirty six (36) signatures to the proposal was received in relation to the proposal.

20 Jun 11 Previous Section 96 application (2009/DA-158 Rev 01) was refused by Development Assessment Committee. This application was refused for the following reasons:


15 Jun 11 Notice of Intention to Serve an Order (demolition order) was issued for the unauthorised building works.

18 Jul 11 Subject Section 96 application (2009/DA-158 Rev 02) was lodged to Council.

12 Sep 11 Neighbouring residents were notified by letter and given fourteen (14) days, from 29 August to 12 September 2011. One (1) objection was received in relation to the proposal.


DESCRIPTION OF THE SITE AND LOCALITY

The site is regularly shaped with a frontage of 13.72m, depth of 41.2m and an area of 564.9sqm. The site is located on the eastern side of Barwon Road and is oriented west. Existing on the site is a single storey fibro dwelling house with a partly constructed rear extension and garage with an attic/roof space, garden shed to the rear and an inground swimming pool with a deck and pavers.

The existing driveway is located on the south western side of the site. The site falls from northern side to the southern side of the site (across the width of the site) and from the street to the rear of the site.

It is noted that a sewer pipeline traversed the mid-section of the rear yard. The exact location and depth of this pipe has not been surveyed. However this pipe appears to be running near the western most side of the swimming pool area and thus the proposal would not involve any building works and structures over the sewer pipelines or in the vicinity of this sewer pipeline (ie the proposed extension is to be carried out at the rear of the dwelling house rather than in the vicinity of the pool). As such the details of the sewer pipeline are not required for this application.

Adjoining the site to the north and south are single storey fibro dwelling houses and located to the east (rear) is a single storey brick dwelling house.

The development in vicinity of the subject site generally consists of a mix of old and modern style single and two (2) storey dwelling houses and multiple dwellings.


COMPLIANCE AND ASSESSMENT

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

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

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

Comment: The proposed Section 96 modification is only for external changes to the attic/roof space above the garage without any excavation of filling of the land and therefore it is not considered to have any additional environmental impact from what originally has been approved.

Comment: The development as proposed to be modified will be ‘essentially and materially’ the same as the approved development for the following reasons:

* the use of the attic/roof space above the garage does not change with this modification (the usable/trafficable attic area, where the floor-to-ceiling height is more than 1.7m, has not increased with this modification). Subsequently, the internal layout of the attic/roof space is identical to the original approval, and

* the attic/roof space as conditioned does not impose any additional amenity impacts on adjoining properties than what originally has been approved.

The proposed development will remain as alterations and additions to an existing single dwelling house development, regardless of the unauthorised building works that have been carried out on the site.

Comment: The proposed Section 96 modification has been notified in accordance with Council’s Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification and Advertising of Development Applications for the period of fourteen (14) days as prescribed by the Development Control Plan.

Comment: One (1) submission was received during the notification period. This submission has been discussed and addressed in the report.

In summary, the proposed Section 96 modification satisfies all relevant matters for consideration under this section of the Act and hence is recommended to be modified, should consent be granted.

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

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

Clause 15 – Services

The modification is for external alterations without any changes to the approved stormwater system for the initial proposal.

It should be noted that the approved drainage system comprises of a charged drainage system for the roof water and an absorption trench for the driveway water. The approved drainage system is to be designed by a hydraulic engineer and the details of the drainage system are to be submitted at Construction Certificate stage.

Hence the proposal is deemed to be consistent with the original approval and this clause of Hurstville Local Environmental Plan 1994 (as amended).

Clause 19B – Foreshore Scenic Protection Area

The site is located within the Foreshore Scenic Protection Area and as such Council must consider the requirements of this clause, notably.

Comment: The subject site is located some 850m from the nearest waterway, Lime Kilm Bay and is within a close proximity from Council owned reserve. Thus the subject site is not visible from the waterway and is not considered to have any impact on the aesthetic appearance from both the waterway and adjacent foreshore areas (the term ‘foreshore area’ refers to the land within or adjoining land within Zone 7 – Waterways Zone under Clause 19A of the Hurstville Local Environmental Plan 1994).
Comment: The proposal is unlikely to have any impact on the water view of the adjoining properties, given that the subject site is distanced 850m from the nearest waterway and adjacent foreshore areas (the term ‘foreshore area’ refers to the land within or adjoining land within Zone 7 – Waterways Zone under Clause 19A of the Hurstville Local Environmental Plan 1994).
Comment: The proposal does not include any excavation of the land and is unlikely to cause any adverse impact on the natural topography, natural rock formations, canopy vegetation or any other significant vegetation.
Comment: The design of the unauthorised attic/roof space to be modified is not considered to have adverse impact on the character of the locality for the following reasons:

Physical impacts – noise, overlooking and overshadowing (southern wall)

* Noise – There is no increase in habitable floor area above the garage. In addition a condition has been included in this report to require a minimum setback of 1.5m from the southern side boundary for the attic/roof space, which would increase building separation between the attic/roof space and neighbouring properties. As such the proposed modification is not likely to cause any noise impact on the adjoining properties.

* Overlooking – There are no windows on the southern elevation of the garage and attic/roof space. As such the proposed modification is not likely to cause any overlooking on the adjoining properties.

* Overshadowing – The uppermost ridge level of the attic has been reduced from what originally has been approved. In addition the southern wall of the attic/roof space as conditioned would improve solar access to the southern neighbouring property. This has further been discussed under the ‘Development Control Plan No 1 – LGA Wide - Section 4.5.7 Solar Design’ section of the report.

Physical impacts – overshadowing (parapet to the front of the attic/roof space)

* The parapet to the front of the attic/roof space has no adverse shadow impact on the southern neighbouring property, because the only part of the southern wall (as built) that will remain on the southern elevation is the wall thickness of the parapet.

Overall the proposed modification is not considered to have any adverse physical impacts on the surrounding area.

Visual impact on the streetscape of Barwon Road

* The southern wall of the attic/roof space (behind the parapet) with the condition recommended for a 1.5m setback will fully comply with the side setback requirement of Development Control Plan No 1 and hence is not considered to have any adverse visual impact when viewed from the street through the southern neighbour’s driveway.

* The southern external wall of the garage as conditioned would be similar to the detached garage that existed on the site prior to the initial approval. The uppermost eaves level of the southern wall of the garage will match the finished floor level of the attic/roof space at RL 33.74. This finished floor level of the attic/roof space is approximately 420mm above the eaves level of the detached garage that existed on the site as indicated on the survey plan submitted with the application.

* The new garage now stands 300mm away from the southern boundary and is considered to reproduce the same rhythm and setback as the old detached garage that existed on the site. The detached garage, as existed at the time of the original DA, was located on the boundary and the setback between the subject and southern adjoining properties was determined by the neighbour’s driveway, when viewed from the street. In addition the new garage at the front of the dwelling is not dissimilar to other nearby examples in the street, where the garages are located in front of the dwelling.

* The garage was originally approved with this setback from the site boundary and no objection was raised in relation to the location of the garage at the time of the initial consent.

* The parapet as proposed to be retained is considered to be acceptable, given that:
* The northern side of the attic/roof space cannot further be recessed to match the southern side, due to the walkway between the stairs from the garage to the attic bedroom.* The site falls away from the street and has a 600mm fall from the front boundary to the façade of the garage and attic/roof space, which reduces the overall dominance of this structure, when viewed from the street.

* The attic/roof space portion of the garage has a setback 4.5m from the street, which is similar to a full compliant dwelling with its first floor setback 4.5m from the front boundary.

Selection of materials

The selected materials for the garage and attic/roof space as built consist of metal roof sheeting and painted blue board cladding for external walls, which were approved as part of the original approval. No objection was raised in relation to the selected materials with the original consent and hence the subject modification is considered to be acceptable.

In summary, the proposed modification is considered to be visually compatible with its surroundings.

As such the proposed modification is considered to be consistent with this clause of Hurstville Local Environmental Plan 1994, given its relationship of built form to surroundings and lack of physical impacts on the surroundings.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

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

In accordance with this policy, any external changes to the initially approved alterations and additions would require a revised BASIX certificate that measures the Building Sustainability Index to ensure the proposed modification is consistent with the commitments stated in the original BASIX certificate.

The subject application is supported by a satisfactory revised BASIX certificate.

2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments which are applicable.

3. Development Control Plans

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

The original development application was lodged prior to the adaption of the current Development Control Plan controls. The extent to which the proposed modification complies with the previous single dwelling house provisions is outlined in the table below.

RequirementStandardInitial approval ProposedComplies
4.5.3.1 -
Max. External Wall Height

















Max. Ridge Height

Side Setback
7.2m above NGL


















9m above NGL

0.9m (2 storeys)






Detached garage prior to the initial approval = Nil setback to the boundary
4.5m above the Natural Ground Level
(south eastern corner of the rear extension)

4.1m above the Natural Ground Level












7.5m above NGL

1.25m to the northern side boundary and 1m for the southern wall behind the garage



Garage and roof space above = 0.3m
As approved (rear extension)



4.1m (front parapet)

3.5m above the Natural Ground Level
(southern wall behind the parapet, which is conditioned to be setback 1.5m from the southern side boundary)

7.2m above NGL
1.25m to the northern side boundary and 1m for the southern wall behind the garage

Garage = 0.3m

Non-habitable attic/roof space = 1.5m (by condition)
Yes


















Yes

Yes






Yes
Yes (1) By condition
4.5.3.3 & 4.5.3.4 – First Floor Additions to an Existing Dwelling HouseBuilding Envelope (45˚ from a point 3.5m above any side boundary)

Or

The two storey portion of the dwelling must be setback 1.5m from the boundary
Nil (no second storey portion was placed above the garage)1.5m
Yes (2) By condition
AtticHabitable space provided within a roof is restricted to an area no more than 50% of the ground floor level floor space immediately below, excluding the stairwell, and must provide a minimum floor to ceiling height clearance of 1.7mLess than 10% of the ground floor level floor space for the attic, excluding the roof space with a ceiling height less than 1.7m from the finished floor levelLess than 10% of the ground floor level floor space for the attic, excluding the roof space with a ceiling height less than 1.7m from the finished floor level
Yes
4.5.7 - Solar Design /Energy EfficiencyPrivate open space of adjoining buildings to receive minimum 4hrs sunlight between 9am – 3pm on 22 June.
Solar access to be preserved to adjoining solar collector and private open space.
Yes - the shadow mainly falls on the roof of the southern neighbouring propertyYes - the shadow mainly falls on the roof of the southern neighbouring property
Yes (3)


(1) and (2) Side Setback and first floor additions


As previously mentioned the garage as built has the same setbacks from the front and southern side boundaries as what originally has been approved. However the attic/roof space was not part of the initial approval. If a new application was made for this portion of the attic/roof space a setback of 1.5m would be required.

To achieve a compliance with the current Development Control Plan No 1 a condition has been recommended in this report to require a minimum setback of 1.5m for the southern wall of the attic/roof space above the garage. As a result of this condition, the southern wall of the attic/roof space will comply with the minimum side setback requirement for first floor additions of Development Control Plan No 1.

(3) Solar Design

The uppermost ridge of the attic/roof space has been reduced by 340mm from the approved ridge level. This reduction in ridge height for the attic/roof space changes the extent of overshadowing on the southern neighbouring property at 9am and 3pm.

The solar access to the windows of the southern neighbour has been improved from what originally has been approved, especially at 3pm, when the southern neighbour’s windows are in shadow by the attic/roof space above the garage.

The southern wall of the attic/roof space (behind the front parapet) as conditioned would have no adverse shadow impact on the southern neighbouring property at 12 noon. (This is the time when the sunlight hits the eaves of the attic/roof space rather than the ridge of the attic/roof space, because the sun has greater altitude angle than the roof pitch of 21.8 degrees, and given the 1.5m setback from the southern side boundary, there will be no impact.)

In addition the front parapet of the attic/roof space would have a ‘minimal’ shadow impact as it only casts shadow on the driveway, front yard and front verandah of the southern neighbouring property.

The above the proposed modification complies with the requirement of achieving a minimum 4hrs of sunlight for the private open space and solar collector of the southern neighbour.

4. Impacts

A general assessment of the impacts of the development has been undertaken against the matters for consideration under Section 79C(1) of the Act. The following comments are noted.

Natural Environment

The proposed Section 96 modification is not considered to have any additional impact on the natural environment from what originally has been approved.

Built Environment

As discussed earlier in this report, the proposed modification is not considered to have any adverse impact on the built environment for the following reasons:

Streetscape

The proposed modification is considered acceptable and is recommended to be approved for the reasons outlined earlier in the ‘Hurstville Local Environmental Plan, Clause (19)(4d) – Fore Shore Scenic Protection Area’ section of this report.

Overshadowing

As discussed earlier in the ‘Development Control Plan No 1 – LGA Wide - Section 4.5.7 Solar Design’ section of this report, the proposed modification improves solar access to the southern neighbouring property from what originally has been approved and complies with Council’s controls.

Social Impact

The proposed modification remains as residential and is unlikely to have any additional social impact.

Economic Impact

The proposed modification has no apparent economic impact.

Suitability of the Site

The site is not affected by any known environmental risk factors and therefore the proposal is considered to be suitable for this site.

Unauthorised Works

In regard to the actual physical building works that have been carried out on the site, Council cannot grant retrospective approval for these building works, and thus these unauthorised building works can only be remedied with a Building Certificate. As such these unauthorised works have been referred to Council’s Building Control Section for appropriate action and the assessment of a Building Certificate.


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 issues.

Accuracy and details of plans and assessment of the previous applications and subject application

Comment: The concerns raised in relation to the assessment of the previous applications are noted, however, the main concern of the submission relates to the end result of the unauthorised building works that have been carried out.

The assessment of the previous applications was determined on the submitted information and additional information that the applicant provided (ie plans to a measurable scale, survey plan, etc). The subject application has the minimum necessary information required for the assessment and appropriate conditions have been imposed to specify the maximum finished levels, setbacks and heights that comply with the relevant requirement of Development Control Plan No 1.

The detailed plans, especially structural details have not been submitted and that is why the Construction Certificate was not issued by Council.

Unauthorised building works and objection to the original approval

Concerns were raised in relation to the unauthorised building works that have been carried out on the subject site.

Comment: The unlawfully built attic/roof space (with conditions recommended in this report) will have no adverse impacts on the adjoining properties and complies in full with the relevant Development Control Plan requirements, except for the front parapet that has no adverse impacts on the adjoining properties. As such the proposed modification on its merit is considered acceptable.

The unauthorised building works and future construction works will continue to be investigated and inspected by Council’s Building Control section as part of the Construction Certificate application. The unauthorised building works will be referred to Council’s Building Control section for appropriate action as part of the recommendation.

Obligation to consider Council’s previous unanimous decision of the previous Section 96 application

A number of concerns were raised in relation to the decisions of the previous applications.

Comment: Previous applications are not subject to further assessment and this report deals specifically with the current Section 96 application.

Stormwater drainage system

Comment: As mentioned in the ‘Hurstville Local Environmental Plan, Clause 15 – Services’ section of this report, a drainage condition has appropriately been imposed with the initial approval. The details of the drainage system are not required at this stage.

Previous petition with 36 signatures

Comment: This is a new application and no further petition was received with this application.

Council Referrals

Acting Manager – Building Control

Council’s Acting Manager – Building Control has examined the proposal and building works and has provided the following conditions and comments.


Comment: The above conditions relating to the building works have been imposed as part of this report. The advice relating to the potential fines for the unauthorised works has been attached to the recommendation for appropriate action by Council’s Building Control section.


6. CONCLUSION

The proposed development is permissible as per the Hurstville Local Environmental Plan 1994, as amended.

The non compliant southern wall of the attic/roof space has been conditioned to comply in full with the minimum side setback requirement of Development Control Plan No 1.

The variation to the side setback for the front parapet of the attic/roof space is supported for the reasons stated in this report.

The unauthorised building works will be referred to Council’s Building Control section as part of the recommendation.

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

Accordingly the modification application is recommended to be modified subject to conditions of consent.


RECOMMENDATION

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 09/DA-158 granted on 14 July 2009 for alterations and additions to dwelling and single storey rear extension on Lot 251, DP 13827 and known as 9 Barwon Road, Mortdale, be amended in the following manner. The amended conditions are Conditions 2 and 16 and are marked in bold.
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. (Amended as part of REV02)

Plan Number
Plan Date
Description
Prepared By
2 of 6
Received
22 Apr 09
Proposed Additions, Site Plan and Waste Management Plan
OS
--
Received
25 Aug 11
Elevations (North, West, South and East)
--
--
Received
25 Aug 11
Section A-A
--
--
Received
18 Jul 11
Ground Floor Plan and First Floor Plan
--
6 of 6
Received
22 Apr 09
Site Plan
OS
--
Received
26 Aug 11
Shadow Diagrams
--
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

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

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

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

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

7. TRGl - Tree Preservation Order

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

Demolition Conditions

8. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 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.

9. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

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

11. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority ( i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

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

13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
15. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

16. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application. (Amended as part of REV02)

(a) A qualified engineer shall verify the structural integrity of the existing dwelling house for the superimposed loads of the first floor addition. Details must be submitted with the Construction Certificate application.(i) The eastern wall of the rear extension is not to be relocated any closer to the rear boundary and is to maintain a minimum 15m from the closest and perpendicular point of the rear boundary of the site (ie this can be achieved by reducing the depth of the rear deck and home theatre by 600mm from the eastern most side of the rear extension),

(ii) Relocate the proposed garage towards the northern portion of the dwelling house by 300mm, so that the proposed garage has a side setback of at least 300mm from the southern side boundary,
17. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.18. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

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

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements

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

21. BC5 - Bulk excavation or filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.22. 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.23. 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.24. 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.

25. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the street gutter via a suitably designed charged system with driveway water to be directed to an absorption trench 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.

26. 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.

27. 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.

28. 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.

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

31. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
32. 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.33. 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.34. 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.

35. 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. 36. 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).37. 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.

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

39. 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.

40. 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.

41. 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.

42. 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.

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. 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.

45. 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.46. 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.47. 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.

48. 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.

49. 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.50. Approval is granted for the removal of five (5) trees (one (1) x Melaleuca revolution “Gold” (Paper Bark) being located closest to the proposed driveway, to the front of the site and four (4) x trees on the southern side of the dwelling house) located within the subject site. The existing street tree (one (1) x Melaleuca revolution “Gold” (Paper Bark) at the street frontage) and one (1) x on site tree (Lemon Scented Gum) in the centre of the front yard must be retained.

51. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

52. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.

53. 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.

54. 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:

55. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A113700 dated 26 May 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate. (Amended as part of REV02)

56. MI27 - Driveway Construction - A vehicular crossing (full width concrete crossing) is to be constructed, including alterations to the existing box-drain as required 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.

57. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.58. 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.

59. 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.
60. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse two (2) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, 95, and 95(A) of the Act.

61. 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.)

62. 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.

63. 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.

64. 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.

65. 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 131318.66. 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.67. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.68. 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.

69. If you need more information, please contact Development Assessment Officer, Mr K Kim on 9330-6263 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 matter be deferred for one (1) month to allow for further clarification.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX
Site map - 9 Barwon Road Mortdale.DOCPhoto 5 - 9 Barwon Road Mortdale.DOCPhoto 1 - 9 Barwon Road, Mortdale.DOCPhoto 2 - 9 Barwon Road Mortdale.DOCPhoto 3 - 9 Barwon Road Mortdale.DOCPhoto 4 - 9 Barwon Road Mortdale.DOC


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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC119-11 PK - 104 MOONS AVENUE, LUGARNO - CONSTRUCT NEW TWO-THREE STOREY DWELLING WITH INCLINATOR TO REAR


Applicant

MSB Design

Proposal

Construct new two-three storey dwelling with inclinator to rear

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, State Environmental Planning Policy 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, 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 3.5 Energy Efficiency, Section 3.6 Rainwater Tanks, Section 3.7 Drainage and Onsite Detention (OSD) Requirements, Section 3.9 Waste Management, Section 4.1 Single Dwelling Houses, Section 6.9.2.5 Stairways and Inclinators

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Peter and Jeannette Robson

Existing development

Garage to front of property and boat shed to rear

Cost of development

$825,000.00

Reason for referral to Council

Non compliance with DCP 1 and one submission received

Report author/s

Development Assessment Officer, Mr M Raymundo

File No

11/DA-130

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks development consent for construction of new two (2) – three (3) storey dwelling with inclinator to rear.

2. The proposal has been assessed against the applicable controls and seeks the following variations to Development Control Plan No 1 maximum ceiling height, maximum height, ground floor and first floor side setbacks and maximum driveway width. These variations are supported on merit due to the site constraints.

3. The application was notified and in response one (1) submission was received. Subsequently, amended plans were received by Council and were renotified. In response no submissions were received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks development consent for construction of new two (2) – three (3) storey dwelling with inclinator to rear. In detail the proposal comprises of the following works:

* (Lvl 3 – upper floor) double garage, entry, single garage, study, living areas, rear balcony and outdoor covered dining,

* (Lvl 2 – middle floor) rumpus, drying deck, four (4) bedrooms, bathroom, two (2) rear balconies,

* (Lvl 1 – lower floor) walkway, internal stairs and inclinator,

* Inclinator linking the rear (Lvl 1 - lower floor) of the proposed dwelling to the existing timber boat shed,

* Driveway, 1m high balustrades along side elevations of driveway, associated building and landscaping works,

* Removal of thirteen (13) trees and retention of eight (8) trees.


BACKGROUND

Following Council’s initial assessment a meeting was held with the applicant to discuss issues of non compliance. In response, the applicant provided amended plans on 1 July 2011 proposing the following amendments to the original proposal.

* Dwelling lowered by 1m and moved 220mm to the south and reconfiguration internal of stair case,
* Dwelling reduced in size to comply with 1.5m side setback along the western elevation,
* The single garage has been changed into carport,
* Garage raised by 300mm, reducing the incline of the driveway,
* Further details of the inclinator were provided.

The amended plans were renotified in accordance with Council’s notification requirements.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot 1 in DP 1147559 and is known as 104 Moons Avenue, Lugarno which comprises of 827.8sqm. The site is considered to be a significantly sloping site (56.8 degrees over the depth of the proposed building footprint) and slopes from front to rear. The site is located on the northern side of the Moons Avenue. The site forms an irregular shaped allotment and contains a southern frontage width of 11.58m (fronting Moons Avenue) and has an access handle of 2.405m to the boatshed to the rear. The part of the site where the dwelling is proposed is approximately 14.6m in width.

The site contains an average fall of approximately 28m through the middle of the site from the front boundary to the access handle to the rear. Several rock outcrops run across the centre and upper portion of the site. The site is located within the Foreshore Scenic Protection Area and is classified as Bushfire Prone land.

An existing raised detached garage is located fronting Moons Avenue. A flight of stairs links Moons Avenue to the existing boat shed which is located towards the rear of the site which adjoins the water which forms Great Moon Bay. The site contains twenty one (21) trees and contains several rocky outcrops towards the middle and upper portion of the site. A sewerage easement intersects the site across the rear boundary.

The surrounding area comprises of large multiple storey dwellings of varying architectural styles and designs located near the water off Moons Avenue (not visible from the street), with detached garages fronting Moons Avenue. The character of the streetscape is dominated by garages and driveways. It is noted that other sites which are located further east of the subject site generally contain a flatter northern portion of the site fronting Moons Avenue. There are no dwellings on the southern side of Moons Avenue within the immediate vicinity. The surrounding area comprises of a mixture of irregular allotments. A 1.83m pathway (fire access) adjoins the site along the western side boundary which runs the whole length of the site to Great Moon Bay.


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. Dwelling houses are a permissible use in the zone. The proposal seeks variations contained within Development Control Plan No 1 – LGA Wide, however on merit the proposal is considered to adequately meet the intent of the zone objectives. In this regard for the reasons further contained within this report the development is consistent with the Hurstville Local Environmental Plan 1994 (as amended).

Clause 14 – Tree Preservation Orders

The application seeks the removal of trees on site to accommodate the new dwelling and inclinator. It is noted that site only contains two (2) building on site, being of which a boat shed located on the low side and a detached garage fronting Moons Avenue on the high side. The subject site contains a total of twenty one (21) trees, of which thirteen (13) are proposed to be removed and eight (8) are to remain. The proposal seeks a relatively small building footprint located on the higher southern portion of the site which in effect results in the retention of trees on the lower portion of the site. The proposed inclinator will also result in loss of trees however it is noted that the inclinator path is direct and is necessary to provide access to the boat shed.

The proposal was referred to Council's Tree Management Officer, in response, no concerns were raised regarding the removal of these trees. Suitable tree replacement is conditioned to offset the removal of trees to replenish the tree canopy and reinforce the treed landscape character of the area.

Clause 15 – Services

Adequate facilities for the supply of water and for the removal of sewage (via easement) and drainage are available to this land. Stormwater is to discharge to the rear of the site which is supported subject to conditions attached to the recommendation of this report.

Clause 19B – Foreshore Scenic Protection Area

The subject site is located within the Foreshore Scenic Protection Area. The application is seeking development consent for erection of a dwelling in land within this area and is located on a site with at least 500sqm. The proposed works are considered not to detract from the waterway or adjacent foreshore areas. The proposal does not impact on views from adjoining properties, public places to waterway and adjacent foreshore areas.

The site slopes very steeply and the dwelling has been sited in towards the front of the site in order to retain as many trees as possible and to reduce excavation.

The proposed use of materials comprising of colorbond roof sheeting, external cladding and structural steel beams are of a design and neutral colour which are considered to blend into the landscape and is sympathetic to the character of the area. The proposal is not considered to adversely affect the character of the locality and landscape open space further to this 59% of the site is vegetated.

For the above reasons, the proposed works are considered to adequately satisfy the objectives and intent of the above clause.

Clause 22 – Excavation, filling of land

The proposed works seek a maximum cut of approximately 2300mm to accommodate the lower floor/subfloor area and 1600mm to accommodate the middle floor rumpus room. A maximum fill of 2900mm is proposed to accommodate the proposed driveway platform fronting Moons Avenue.

The applicant has provided a Geotechnical Report prepared by Auswide Geotechnical, dated 27 July 2010 (ref: AW 23041), which has supported the proposed works. The geotechnical report and recommendations contained within are to be conditioned to form part of any consent granted.

The proposed works are not considered to generate any adverse material impacts regarding the disruption of existing drainage patterns as the site is to drain to the rear. The proposed design for the most part is elevated above natural ground level on steel beams and involves cut into the natural ground level to stagger the proposed living areas due to the significant slope of the site which falls 22.5m over the footprint of the dwelling. The proposed works are for residential development and will not result effect the likely future use or redevelopment of the land. In this regard, the proposal has adequately satisfied the intent of this clause.

Clause 22A – Development on Land identified on Acid Sulfate Soils Planning Map

This clause applies to development within land identified within Council's Acid Sulfate Soils Map and as such applies to the subject site. The subject site is identified within Planning Map Category (2) however it is noted that the majority of the proposed works (dwelling) are located on the southern (upper portion of the site) by which is not affected by this clause. The proposed inclinator which is to service the proposed new dwelling and the existing boat shed located on the northern rear lower portion of the site is proposed to be located above natural ground level and does not involve significant excavation works likely to affect the water table.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 - GEORGES RIVER CATCHMENT

The proposed works have been assessed against the provisions of the above policy and are considered to adequately satisfy the intent of the above.

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

The proposal adequately satisfies the aims of the policy to encourage sustainable residential development, ensures consistency of implementation of BASIX scheme throughout the state and overrides provisions within environmental planning instruments and Development Control Plans regarding similar obligation. The proposal adequately satisfies the provisions under SEPP BASIX 2004 and Clause 97A of the Regulation 2000 (as amended). A BASIX Certificate has been provided with the application therefore adequately satisfies the requirements of the SEPP.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND

The subject site is zoned 2 - 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.

2. Draft Environmental Planning Instruments

There are no applicable draft Environmental Planning Instruments to be taken into consideration.

3. Development Control Plans

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

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

DevelopmentRequirementsProvidedComplies
(Residential) Single Dwelling House2 spaces for 3+ bedroomsDouble garage provided + single carport provided
Yes
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY


The proposed works adequately satisfy the intent of the subsection. In addition, a BASIX certificate has been provided as part of this application and forms part of the consent, if approved.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.6 RAINWATER TANKS

The applicant has provided a 3000L rainwater tank located below the proposed garage. In addition, similar to the above, a BASIX certificate has been provided as part of this application and forms part of the consent, if approved.

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

The proposal provides adequate drainage and seeks to drain to the rear of the site. In this regard, the proposed works are supported subject to conditions of consent.

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

A waste management plan prepared by MSB Design dated 15 April 2011 has been submitted as part of the development application relating to the disposal of waste, re use and recycling of materials. The proposal is considered to adequately satisfy the provisions under Section 3.9 Waste Management. The waste management plan is conditioned to form part of any approval.

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 detailed below;

(1) Landscaping and Open Space


Clause 4.1.3.2 – Landscaping and Open Space requires a minimum of 15sqm of deep soil to be located within the front setback. The proposal does not seek to provide any deep soil within the front setback as the proposal seeks to construct an elevated platform to accommodate the driveway as the site significantly slopes from Moons Avenue down to the water. It is noted that the immediate vicinity comprises of garages with nil setbacks to the front and driveways which form the established character of the area due to the steep topography on this portion of Moons Avenue.

The variation sought by the proposed works are supported due to the steep topography of the site which is not considered to generate any unacceptable material streetscape or amenity impacts or result in any unjustified or undesirable precedent.

(2) Building Height

Clause 4.1.3.3 – Building Height requires a maximum ceiling height of 7.2m for dwellings (measured from natural ground level to the upper most part of the ceiling). The proposal seeks a maximum ceiling height of 11m measured from the natural ground level to the living room (Lvl 3 – upper floor).

This clause also requires a maximum building height of 9.0m (RL 44.8). The proposal seeks a maximum height of 12.6m (RL 44.8) at the same point as mentioned above which is generated by the proposed spilt level design which follows the natural slope of the site.

It is noted that the proposal is located on steel beams due to the location of rock outcrops located towards the middle and upper portions of the site. The proposal is considered to be reasonable on merit considering the steep slope of the site which falls at 56.8 degrees over depth of building footprint.

The proposed works are considered to be commensurate of developments within the immediate vicinity which are large dwellings. Furthermore it is also noted that the proposal is well below the permissible floor space ratio at 0.39:1 whereby the permitted floor space ratio is 0.49:1.

The proposed works will present to Moons Avenue as a single level and the majority of the works are located below the ridge height of Moons Avenue will not be visible. It is considered that the proposed variations do not result any unacceptable adverse amenity impacts on site or to surrounding properties. In addition, the variation proposed does not result in view loss. The proposed works are supported due to the significant slope of the site on its merits.(3) Setback Controls - Side setbacks

Clause 4.1.3.4 – Setback Controls requires a minimum side setback of 900mm for the ground floor and 1500mm for the first floor in addition to a minimum setback of 450mm for eaves to the boundary. The proposed works seek a variation to the applicable controls seeking a zero setback along the eastern and western side boundaries for the front portion of the site comprising of the garage and carport whereby this portion of the allotment is 11.58m wide.

It is noted that the remaining bulk of the dwelling complies with the minimum side setback where the allotment widens to 14.6m. The proposed works are supported to accommodate the driveway platform located to the front of the site. As previously discussed, the subject site significantly slopes from front to rear hence the design of the proposed zero setback is commensurate to that of the existing developments within the immediate vicinity which contain similar site constraints.

It is noted that outbuildings are permitted to be located along the side boundary, in this instance the proposed garage and carport are attached to the dwelling whereby a required setback applies. In this instance, the proposed garage and carport fronting the Moons Avenue would be commensurate with the same visual character and impact of the existing detached garages to the east of the site. In this regard, this element of the proposal is supported on merit, on the basis of the constraints of the site.

The proposal also seeks a variation regarding the proposed rumpus room (Lvl 2 – middle floor) below which is located 400mm from the eastern side boundary. The proposed rumpus room seeks a variation to Councils controls which require a prescribed setback of 900mm which proposes a side setback of 400mm which is considered to be relatively minor and does not result in any adverse material impacts. The proposed side setback is located below the proposed carport and will not be visible from Moons Avenue.(4) Car Parking and Vehicular AccessClause 4.1.3.8 – Car Parking and Vehicular Access requires a driveway width between 2.5m and 4.7m. The proposal seeks a driveway width of 11.58m to provide vehicular access to the double garage and single carport. As discussed earlier within this report, the subject site significantly slopes from front to rear. Hence a platform has been proposed to accommodate a minimum vehicular transition from Moons Avenue the double garage and single carport. The established character within the immediate vicinity fronting Moons Avenue comprises of garage and wide driveway crossing by which the proposal is considered to well integrate the streetscape. It is noted that the proposed double garage and carport complies with the prescriptive setback with Council's controls which is setback further than the existing garages to the west which also contain significant slope. In this regard, the proposed works are supported due to the topography of the site and character of the area on its merits.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 6.9.2.5 – STAIRWAYS AND INCLINATORS

The applicant seeks development consent for the erection of an inclinator linking the lower level of the proposed dwelling to the boat shed located to the rear of the subject site. The proposed inclinator is to run parallel with the western side boundary, running a length of about 28.8m. The inclinator is located above the Foreshore Building Line and Mean High Water Mark. The proposed inclinator is constructed to be as close as practical to the natural ground level in accordance with Council’s controls.

The applicant has provided plans indicating the average height of the inclinator being 865mm above natural ground level. The inclinator is supported subject to conditions of consent. In particular conditions have been imposed regarding reduction and monitoring of noise generated by proposed inclinator.

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. The proposal is considered to be appropriate given the steep slope of the subject site which seeks to remove thirteen (13) trees whilst retaining eight (8) trees. The extent of excavation is not considered to be excessive due to the topography of the site to suitably accommodate a reasonable dwelling. In addition, a waste management plan, sediment and erosion control plan and drainage plans have been considered and adequately address any unacceptable potential impacts.

Built Environment

The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments on merit given the irregular allotment shape and significant slope of the site. Accordingly, it is unlikely that the proposal will have an unacceptable adverse material impact on the built environment.

Social Impacts

The proposed works are not considered to generate any unacceptable material social impacts.

Economic Impacts

The proposed works are not considered to generate any unacceptable material economic impacts.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter in accordance with the provisions under Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification and Advertising of Development Applications and given fourteen (14) days in which to view the plans and submit any comments on the proposal. In response, one (1) submission was received. Amended plans were renotified for fourteen (14) days, in response no submissions were received. The following relevant concern was raised within the initial submission as follows.

Lack of details provided regarding proposed inclinator and potential noise impacts from associated use

Concerns were raised regarding the lack of details for the proposed inclinator and noise impacts that such use would likely generate.

Comment: As previously stated within the report, the applicant was advised to provide additional information regarding the proposed inclinator. In response, the applicant provided Council with additional information regarding the inclinator specifications and dimensions. The proposal was not renotified with the additional inclinator information as it did not generate a greater environmental impact than the original proposal. The proposed inclinator is supported on its merits in addition, the proposal is conditioned to comply with acceptable noise limits and an acoustic report is to be provided to Council within three (3) months from issue of Occupation Certificate to measure noise impacts generated by the proposed generator to reduce any adverse noise impacts to neighbouring properties within the immediate vicinity.

Council Referrals

Development Engineer

The proposed works were referred to Council’s Development Engineer for comment. In response the proposed works are supported subject to conditions of consent.

Tree Management Officer

The proposed works were referred to Council’s Tree Management Officer for comment, in response, no concerns were raised.

Environmental Health Officer

The proposed works were referred to Council's Health department for comment, in particular with regards to noise impacts generated by the proposed inclinator. The proposed inclinator is supported subject to conditions restricting the output of noise generated and an acoustic report to be provided to Council after three (3) months of occupation.

External Referrals

New South Wales Rural Fire Service

The proposal was referred to the New South Wales Rural Fire Service for comment. In response, the Service supported the proposal subject to conditions of consent.


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) whilst the proposal seeks variations to Council’s controls, the variations are justified due to steep topography of the subject site and on merit do not result in any adverse unacceptable impacts. The proposal is considered to be satisfactory, therefore the application is recommended for approval subject to conditions of consent as attached.


RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants consent to Development Application 11/DA-130 for development consent for construction of new two-three storey dwelling with inclinator to rear on Lot 1 in DP 1147559 and on land known as 104 Moons Avenue Lugarno 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
S01 - SO2
1 Apr 10
Architectural Plans MSB Design
A01 - A04
1 Jul 11
Architectural Plans MSB Design
A08
1 Apr 10
Schedule of FinishesMSB Design
361271S
13 Apr 11
BASIX Certificate Max Brightwell
-
15 Apr 11
Waste Management PlanMSB Design
AW 23041
27 Jul 10
Geotechnical ReportAuswide Geotechnical
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

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

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

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

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

7. TRGl - Tree Preservation Order

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

8. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.
9. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

10. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.11. 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: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 works

14. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.15. 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:

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

16. 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.17. A Dilapidation Report is to be prepared for the adjoining properties prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the dwellings, out building and the like 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.

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

19. 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.20. 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.21. 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.22. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to Georges River.· Shall be controlled from draining onto neighbouring private property,· Shall be no greater in velocity than 2m/sec to avoid erosion.
23. 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.

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

25. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicular crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.26. 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 program27. 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.

28. 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.29. 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.30. New construction on the eastern and northern elevations shall comply with Section 8 (BAL 40) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection’.31. New construction on the southern and western elevations shall comply with section 9 (BAL FZ) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’. However, any material, element of construction of system when tested to the method described in Australian Standard AS1530.8.2 Methods for fire tests on building material, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack – Large flaming sources shall comply with Clause 13.8 of that Standards except that flaming of the specimen is not permitted.32. Windows assemblies shall comply with modified Section 9 of AS3959 (as above) or the following: i. They shall be completely protected by a non combustible and non perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) and (f); and ii. They shall comply with the following:

A) Window frames and hardware shall be metal;
B) Glazing shall be toughened glass, minimum 6mm;
C) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5;
D) The openable portion of the window shall be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh shall be metal.A) Doors shall be non-combustible;
B) Externally fitted hardware that supports the panel in its function of opening and closing shall be metal;
C) Where doors incorporate glazing, the glazing shall be toughened glass minimum 6mm;
D) Seals to stiles, head and sills or thresholds shall be manufactured from silicone;
E) Door frames shall be metal;
F) Door shall be tight fitting to the door frame or an abutting door;
G) Weather strips, drought excluders or drought seals shall be installed if 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
(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.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:

before the commencement of work (and until issue of the Occupation Certificate).41. 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.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) Set out before commencing excavation.

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

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

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

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

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

(g) Other.

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

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

45. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.46. 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).

47. 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.

48. 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.

49. 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.

50. 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.

51. 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.

52. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.53. 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.54. 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.

55. 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.

56. 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.57. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

58. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.
59. 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.

60. 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:

61. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 361271S dated 13 April 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

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

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

63. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.64. 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).65. Noise – Inclinator - Prior to the issue of any Occupation Certificate or occupation or use of part of the building a report prepared by a professional engineer (acoustic) to certify that the design and construction of the inclinator shall not produce a sound level exceeding 5dB(A) above the ambient background level at the closest neighbouring boundary between the hours of 7:00am and 10:00pm on weekdays and Saturdays, and between 8:00am and 10:00pm on Sundays and Public Holidays. Outside the specified hours, the sound level output for the running of the inclinator shall not exceed the ambient background noise level.
66. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.67. MI20 - The outbuilding shall not be adapted or occupied as a separate dwelling.

68. 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.

69. Final Acoustic Report - Within three (3) months from the issue of an Occupation Certificate, an acoustical assessment is to be carried out by an appropriately qualified person, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report submitted with the application are effective in attenuating noise to an acceptable noise level and that the use of the does not give rise to “offensive noise” as defined under the provision of the Protection of the Environment Operation Act 1997.70. Asset Protection Zones - At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’. To aid in fire fighting activities, unobstructed pedestrian access to the rear of the property shall be provided and is to be maintained at all times.71. Water and Utilities -Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

72. 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.

73. 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.)

74. 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.

75. 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.

76. 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.77. 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 131318.78. 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.79. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.
(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.

80. If you need more information, please contact Development Assessment Officer, Mark Raymundo on 9330-6176 during normal office hours.

* * * * *


DECISION - DAC

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

(Moved Councillor P Sansom / Seconded Councillor A Istephan)





APPENDIX
Elevations plan REVISED - 104 Moons Ave Lugarno.PDFSite analysis & site plan REVISED - 104 Moons Ave Lugarno.PDFSections plan REVISED - 104 Moons Ave Lugarno.PDF104 Moons Avenue Lugarno Map 11 DA-130.PNG


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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC120-11 PK - 1 ELM STREET, LUGARNO - SECTION 96 APPLICATION TO INCREASE THE REDUCED LEVEL (RL) OF THE POOL COPING, DECK AND PRIVACY SCREENING


Applicant

Bano and Gordana Nikolovski

Proposal

Section 96 application to increase the reduced level (RL) of the pool coping, deck and privacy screening

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 55 – Remediation of Land, Development Control Plan No 1 - LGA Wide – Section 2.2 Neighbour Notification, Section 3.7 Drainage and Onsite Detention Requirements, Section 4.5 Single Dwelling Houses, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling House

Owner/s

Bano and Gordana Nikolovski

Existing development

Dwelling house

Cost of development

N/A

Reason for referral to Council

Variation to DCP 1 and four submissions received

Report author/s

Development Assessment Officer, Mr P Nelson

File No

2008/DA-440REV1

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. This Section 96 application seeks to modify a development consent for alterations and additions to an existing dwelling including a timber deck, outbuilding and swimming pool.

2. The Section 96 application proposes an increase in height of the approved swimming pool area with a corresponding increase in the associated deck and privacy screen. The provision of a spa and water feature to the pool is also proposed.

3. The proposal results in a number of variations to Development Control Plan No 1 including pool height and fencing location.

4. The proposal was neighbour notified twice. One (1) submission from the adjacent neighbours and one (1) submission from the solicitor representing the objecting neighbours were received in relation to the originally notified plans. One (1) objection was received in relation to the second set of notified plans. One (1) letter of support was also received during the second notification period.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The following table is a summary of the proposed amendments sought as part of this Section 96 modification.

Existing ApprovalProposed Amendment
Deck to the western side of the swimming pool Approved at RL 63.12 with a height equal to NGL and progressing up to a maximum height above NGL of 1.18m





1.5m setback from southern boundary
33.85sqm in area
Proposed increase to RL 64.10 to match FFL of ground floor of dwelling house. The deck is between 920mm and 2.16m above NGL on the adjacent southern boundary.
An access stair from the western periphery of the deck to the southern side path is also proposed.
A 900mm setback from southern boundary is proposed
Increase in area to 38.88sqm
Pool deckApproved at RL 63.12 on western side of pool
Approved at RL 63.2 on eastern side of pool
Proposed increase to RL 63.6
Deck/Pool Privacy ScreenProvided along southern edge of pool and deck area

Top of screen at RL 64.72
Provided to deck, deleted along pool edge, replaced with pool edge upturn
Top of screen increased to RL66.32 (1.6m from level of deck)
PoolCoping RL 63.2
Southern setback 1500mm (as per condition of consent)
Proposed coping RL 63.6
Southern setback of pool 900mm

In addition to these amendments, the application seeks permission to provide for a 2m x 1.5m spa immediately to the north of the pool with associated deck edging at a height of RL 63.6. This is between 400mm below natural ground level on the western side and 390mm above natural ground level on the eastern side.

The pool is also proposed to be amended to provide for a pool seat, below the level of the water, along the southern side of the pool. A 2m long x 900mm high water feature is also proposed centrally on the southern side of the pool. The southern side of the pool is also proposed to have a concrete upturn 300mm above the level of the pool coping to provide for privacy in relation to the pool.


BACKGROUND 16 Sep 08 Development Application for alterations and additions including new timber deck and pool lodged 08/DA-440.

5 Aug 10 Development Assessment Committee approved the development application with additional conditions relating to fencing and drainage and dilapidation report for neighbouring properties.

10 Dec 10 Construction Certificate issued.

14 Dec 10 Notice of commencement received. Neighbours complain that they have not received dilapidation report as per condition of consent

18 Jan 10 Dilapidation report received, forwarded to resident.

20 May 10 Stop Work Order issues relating to unauthorised fill adjacent to the rear and rear/side boundaries.

21 Jul 10 Verbal Stop Work Order in relation to unauthorised fill in the centre of the rear yard.

27 Jul 10 Notice of Intention served to demolish retaining wall located in the middle of the rear yard.

5 Aug 10 Penalty Infringement Notices issued in relation to unauthorised work.

2 Dec 10 Current Section 96 Application lodged 08/DA-440 REV 01.

6 Dec 10 Application notified to adjoining neighbours.

31 Jan 11 Application placed on “stop the clock” for the submission of more detailed plans and the deletion of elements of the proposal that were not “substantially the same development” for the purpose of an assessment under a Section 96 application. Written request forwarded to applicant for this information.

27 Apr 11 Further written request to applicant to provide the requested plans and detail as required in Council’s initial letter dated 31 January 2011.

29 Apr 11 Designer provides written advice that he is not progressing with the contract and authorises release of the details of the current application to the new project manager for the current application. “Stop the clock” advice forwarded to new project manager.

3 Jun 11 Additional plans and detail submitted to Council.

9 - 24 Jun 11 Amended plans neighbour notified.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site with a frontage of 15.24m to Elm Street and an area of 929sqm. The site is located on the eastern side of the street. Existing on the site is a single dwelling house and rear metal shed. The allotment has a significant cross fall from north to south of approximately 2.5m and a significant fall from west to east.

Adjoining the site to the south and north are single dwelling houses. The rear neighbours comprise a number of single dwelling houses in an irregular subdivision pattern with a three (3) lot battle axe subdivision to the rear of the proposal. The area is predominately residential in character.


COMPLIANCE AND ASSESSMENT

The proposal has also been assessed in relation to the relevant Section 96(1A) of the Environmental Planning and Assessment Act 1979 (as amended) which requires:
Comment: The original approved plans detailed the deck to be at or near NGL immediately adjacent to the southern neighbouring dwelling, rising to a maximum height of 1.18m above NGL at the point of the deck furthest from the neighbouring dwelling house. With the provision of this deck at or near natural ground level on the western side with a privacy screen, the impact of the deck on the southern neighbour was considered to be negligible. It was also considered reasonable as this new deck was not elevated immediately adjacent to the dwelling of the southern neighbour and married up to the level of the pool away from the nearest adjoining windows of the adjoining dwelling.

The proposal has been considered in relation to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (as amended). The proposal increases the height of the deck on the western side of the pool by almost 1m to be up to 2.16m closer to the southern boundary. The modifications to the deck will result in additional amenity impacts on the adjoining property in terms of noise resulting from the increased entertaining area.

The proposal to increase the height of this deck by 900mm will result in a larger deck at an identical finished floor level to that of the existing dwelling house on the subject site. This design change will make this deck more suitable for outdoor entertaining as the deck will be provided at one level, rather than being stepped as originally proposed and will be larger. Irrespective of the privacy screen, an intensification of usage of this deck will result in additional noise being experienced by the immediately adjacent southern neighbour.

In addition to this the location of an access stair from the new elevated deck to the southern side footpath (running along the southern boundary) opposite two (2) adjoining bedroom windows, is considered to result in a privacy issue for the southern neighbour.

While the proposed redesign of the western deck may be conditioned to match the original approved finished floor levels to negate privacy concerns, this would result in the pool deck being 400mm lower than the proposed increase in the coping level of the pool and would result in poor access provision to the pool.

It is noted that the remaining proposed changes to the pool including the addition of the spa, water feature, pool seat and pool edge upturn (for privacy), are considered to be appropriate, if they proposed at the original approved finished levels.

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 – Residential and the proposal is a permissible use in the zone. The proposal results in a variation to the zone objectives in relation to amenity. In proposing a negative impact on neighbour visual and acoustic amenity, core objective “(a) to preserve and enhance the character and amenity of established residential areas” is no achieved. As such the application warrants refusal.

Clause 15 - Services

Appropriate provision of stormwater disposal and utility services are available to the site, in accordance with this clause of the Local Environmental Plan.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

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

2. Draft Environmental Planning Instruments

No Draft Environmental Planning Instruments affect the proposal.

3. Development Control Plans

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

The application has been notified in accordance with Section 2.2 of Development Control Plan No 1. It is noted that the proposal was required to be notified twice. The original proposal was substantially modified and the amended plans required re-notification.

The relevant issues, as relating to the second set of amended plans, raised in all submissions have been discussed elsewhere in this report.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ONSITE DETENTION REQUIREMENTS

The original assessment of this section of Development Control Plan No 1 is considered to remain unchanged from the original report.

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

The original assessment of this section of Development Control Plan No 1 is considered to remain unchanged from the original report. No further variations to this section of Development Control Plan No 1 are proposed as a result of the subject application.

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

Swimming Pools and Spas
Standard
Proposal
Complies
Pool SitingInground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possibleUp to 1.66m above natural ground at highest point (300mm below natural ground level at lowest point on NW corner)
No (1)
Side SetbacksPool edge must be setback at least 1.5m from any side or rear boundary900mm minimum setback for pool edge proposed
No (2)
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencingPool edge a minimum of 300mm from pool fencing
No (3)
FillingFilling of land between pool and property boundary is not permittedNo filling between pool and boundary proposed
Yes
NoiseThe position of the swimming pool and ancillary equipment must be located so as to minimise the impact of noise on adjoining neighboursThe location of the pool and swimming pool equipment is considered to be appropriate. The noise impacts of the associated deck are discussed elsewhere in this report
Yes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 - Swimming Pool Safety and provisions in DCP 1Would normally be required to be satisfied as a condition of consent were the application to be recommended for approval
Yes
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing.

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

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

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

-The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point.
Fencing stated to be 1.8m.
An effective barrier of 1.4m is formed by the pool upturn proposed on the southern side of the pool.
Would normally be required to be satisfied as a condition of consent were the application to be recommended for approval.
Yes




Yes





Yes



Yes




Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceWould normally be required to be satisfied as a condition of consent were the application to be recommended for approval
Yes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingWould normally be required to be satisfied as a condition of consent were the application to be recommended for approval
Yes
(1) Pool Siting


The location of the swimming pool coping and the associated decking up to 1.66m above the existing natural ground level has not been justified as part of the proposed application. The supplementary Statement of Environmental Effects submitted in support of the application indicates that “the swimming pool is to be located on a position of the site that does not further require any cut or fill and is located as close to natural ground level as possible, minimising the requirements of geo-technical surveys, acid sulphates and dilapidation reports…”

The proposed amendments to the pool to decrease the level of excavation required is not considered to be sufficient justification to warrant a positive consideration of a pool that at the worst point, adjacent to the southern boundary, will be 1.66m higher than natural ground level on the adjoining southern boundary.

(2) Side Setbacks

The proposal seeks permission to provide a 900mm southern boundary setback to the swimming pool edge (1.05m from boundary to the water). The original application sought permission for a similar variation but was conditioned to comply on the original consent. The application and supporting documents have not detailed why the variation to the side boundary setback is required and no relevant site constraints can be witnessed that would justify this variation.

As such the pool setback variation is not supported.

(3) Setbacks from Pool Fencing

The plans indicate an element of the pool fencing 300mm from the pool. This may be conditioned to comply in the event that the application is considered for approval. It is noted that the swimming pool edge (concrete upturn) forms the safety fence on the southern side of the pool. This is considered to be within the requirements of this section of the Development Control Plan No 1.

4. Impacts

Natural Environment

The proposal is unlikely to have an impact on the natural environment.

Built Environment

In specific relation to acoustic privacy, the proposed increase in height and area of the deck to the western side of the swimming pool is considered to result in an undue loss of amenity to the adjacent southern neighbour.

This deck is proposed to be introduced in a pedestrian trafficable area between the dwelling house and the swimming pool. The elevated timber deck with a privacy screen on the southern side and the brick wall of the dwelling house on the other will result in the reverberation of noise on the elevated timber deck and is likely to result noise carrying to the adjacent bedroom windows of the southern neighbour.

Noise was not considered to be an amenity issue with the original proposal as the approved deck was at natural ground level immediately adjacent to the bedroom windows of the southern neighbour. The increase in height of the deck, resulting in a deck 900mm above natural ground level immediately adjacent to the bedroom windows of the adjacent southern neighbour is therefore considered to be inappropriate.

In addition to this the south western access stair from the deck level to the pathway along the southern boundary will result in an overlooking issue. It is noted that a privacy screen cannot be installed in relation to this stair as any screen would block the use of the stair. As such the overlooking from this stairway would provide an unimpeded view into the bedroom windows of the adjacent side boundary neighbours. While these rooms are considered to be low use rooms, the necessity for the increase in height of the deck and provision of the stair has not been justified and is considered to be unnecessary. In that an unnecessary amendment results in an impact on privacy, it is considered that the proposal cannot be supported.

Social Impact

The proposal is not likely to result in an impact on society.

Economic Impact

The proposal is not likely to result in an economic impact.

Suitability of the Site

The site is suitable for this type of development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Two (2) submissions of objection (both representing the southern neighbour) were received in relation to the initial notified set of plans. The amended plans resulted in one (1) letter of objection and one (1) letter of support. A summary of the issues raised that are specifically relevant to the current application and the latest set of amended plans are included below.

Ground floor deck

The submission has questioned the need for the deck to be so close to the southern boundary and states that no justification has been provided for the decreased setback. Further object to no dimension being provided detailing the setback of the pool and deck from the side boundary. The deck is also argued to contribute to building mass and impact on their privacy.

Comment: No justification for the increase in height of the deck has been provided with the application, however the plans do provide a dimension for the southern setback of 900mm. The proposed deck will not impact on visual privacy but will result in a loss of amenity in terms of acoustic privacy as detailed in the report.

Noise

The submission claims that noise from the deck “timber flooring and walls will reverberate…and cause…significant nuisance”. The submission further states that the necessity for the increase in height of the deck has not been justified and that the resultant impact is unreasonable.

Comment: This comment is considered to be reasonable and is discussed in the report above.

Pool Level

The submission claims that an increase in the pool level will be a further variation to the requirement for inground pools to be as close to existing natural ground level as possible and will result in a further unnecessary variation to this control. The submission has also indicated that the application does not justify the proposed increase in levels proposed.

Comment: The application proposes a further variation to the location of swimming pools adjacent to natural ground level. This comment is accurate and is discussed in the report.

Pool Setback

The submission indicates that no justification has been provided for the variation to the minimum required 1.5m setback required for the swimming pool.

Comment: This comment is accurate. It is also noted that the original consent was conditioned to require a minimum 1.5m side boundary setback for the pool and associated deck. The current application is seeking to provide for a lesser side setback of 900mm and this decreased setback is not supported.

Pool Privacy

The submission indicates that the pool design and the deletion of the privacy screen will increase overlooking and will cause a noise nuisance.

Comment: The deletion of the 1.6m high privacy screen along the pool and the replacement with a 300mm high pool upturn is considered to be sufficient to prevent overlooking from the pool into the neighbouring property. At the worst point at the shallow end of the pool, this 300mm upturn will provide a 1.5m high barrier (measured from the bottom of the pool) which is considered to be sufficient to prevent overlooking of the adjoining neighbour from the pool.

Incorrect Levels

The submission claims that the natural ground levels stated on the plans are incorrect.

Comment: The natural ground levels stated on the proposed plans correspond with the original survey submitted in support of the application.

Privacy Screen Height

The submission indicates that the privacy screen will be equivalent in scale to a single storey house and will result in additional unnecessary overshadowing impacts on their adjoining pool area. The submission also claims that no details as to the materials used in the construction of the privacy screen have been provided and on the basis of height, scale and visual impact the proposal is unacceptable.

Comment: The privacy screen will be at a significant height however the deletion of the screen along the edge of the pool as proposed will result in overshadowing being predominately from the existing dwelling house with negligible shadowing from the privacy screen

Insufficient statement of environmental effects

The submission indicated that the Statement of Environmental Effects does not properly discuss all the changes shown on the proposed plans.

Comment: The natural ground levels stated on the proposed plans correspond with the original survey submitted in support of the application.

Deck Stair

The submission objects to the location of the access stair from the western side of the deck in relation to visual and acoustic privacy.

Comment: This comment is accurate as a privacy screen cannot be provided in this area in order to allow for pedestrian access. The location of this stair directly adjacent to the adjoining bedroom windows will result in a privacy issue.

Boundary Fencing and Retaining Walls

The submission makes extensive comment and raises objections to retaining walls and boundary fences.

Comment: The plans/supporting information do not detail any changes to boundary fencing/retaining walls as part of the current application.

Stormwater

The submission enquires as to the capacity of the drainage system to support the additional runoff from new paved surface areas.

Comment: The open nature of timber decking permits on site infiltration and there is a negligible difference between the amounts of impervious surface proposed as part of the subject application compared to the original approval. As such the original assessment in terms of drainage is considered to be appropriate.

Character

The submission claims that the previous natural character of the site has been transformed to an open, baron character and this will continue were a result of the current proposal.

Comment: It is noted that the proposal is not yet complete and the requirement for replacement tree planting in line with an original condition of consent will provide for satisfactory planting in the rear yard.

Letter in favour of proposal

A letter of support has been received in relation to the south eastern fence indicating that this fence is appropriate and wants the fence to be retained.

Comment: This is noted, however the fencing issue does not relate to the current application, as no fencing is proposed as part of the current application.


6. CONCLUSION

The Section 96 application seeks permission to modify the original consent. The amendments include the increase in height of the swimming pool, pool deck and privacy screen and the provision of a new spa and pool water feature.

The application results in negative impacts in relation to amenity in terms of visual and acoustic privacy for the neighbouring allotment. The proposal also results in a number of variations to Development Control Plan No 1 in relation to swimming pools.

A total of three (3) submissions in opposition to the application and one (1) submission in support of the application were received during the two (2) notification periods.

The application is recommended for refusal.


RECOMMENDATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application 08/DA-440REV01 for the increase the reduced level (RL) of the pool coping, deck and privacy screening on Lot 11 DP 663255 and known as 1 Elm Street, Lugarno, for the following reasons:

1. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 (as amended) the proposal is contrary to the objectives of Zone 2 – Residential of the Hurstville Local Environmental Plan 1994.

2. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 (as amended) and Development Control Plan No 1 – LGA Wide – Section 5.9 Swimming Pools and Spas, the application proposes a variation in relation to pool location/height and pool side boundary setbacks.

3. Pursuant to Section 79C(1)(d) and (e) and Section 96(1A)(d) of the Environmental Planning and Assessment Act 1979 (as amended) the proposal has received valid neighbour submissions in relation to visual and acoustic privacy impacts from the western side of the swimming pool deck and associated access stair and is considered to be not within the public interest.

4. Pursuant to Section 96(1A)(a) of the Environmental Planning and Assessment Act 1979 (as amended) the proposal is not considered to be of minimal environmental impact in relation to the impacts on neighbouring visual and acoustic amenity as a result of the western side of the swimming pool deck and associated access stair.

* * * * *


DECISION - DAC

THAT the application be refused for the reasons stated in the report.
(Moved Councillor P Sansom / Seconded Councillor W Pickering, OAM)





APPENDIX
Proposed new works - 1 Elm St Lugarno.PDFSection - 1 Elm St Lugarno.PDF1ElmMap.PNG


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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC121-11 PNS - 525 FOREST ROAD, PENSHURST - SECTION 96 MODIFICATION TO AMEND INTERNAL AND EXTERNAL LAYOUT OF SECONDARY DWELLING, DEMOLISH EXISTING GARAGE, AMENDMENTS TO POOL


Applicant

Ms K J Gillies

Proposal

Section 96 Modification to amend internal and external layout of secondary dwelling, demolish existing garage, amendments to pool

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 (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy (Affordable Rental Housing) 2009, Development Control Plan No 1 – LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings, Section 5.9 Swimming Pool and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house, ancillary structure to dwelling house and a secondary dwelling

Owner/s

Ms K J Gillies

Existing development

Single storey dwelling house and an existing detached garage

Cost of development

N/A

Reason for referral to Council

One submission received

Report author/s

Development Assessment Officer, Mr R Guirguis

File No

2010/DA-276REV1

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application is for a Section 96 Modification to approved alterations and additions to existing dwelling and secondary dwelling including amendments to the layout of the secondary dwelling, the swimming pool and the demolition of the existing garage/outbuilding.

2. The original consent was granted for the addition of a new deck to the rear of the dwelling, construction of a new single carport on the eastern side of the existing dwelling, a new inground swimming pool, construction of a new secondary dwelling at the rear south western corner of the site and the conversion of an existing garage into an outbuilding to be used as an entertainment area to serve the proposed swimming pool.

3. The proposed modifications satisfy the provisions of Hurstville Local Environmental Plan 1994 and Development Control Plan No 1 and the development is considered to remain substantially the same.

4. There was one (1) submission signed on behalf of three (3) residents received in relation to the proposed modifications.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The original application involved the addition of a new deck to the rear of the dwelling, construction of a new single carport on the eastern side to the existing dwelling, construction of a new inground swimming pool, construction of a new secondary dwelling at the rear south western corner of the site and the conversion of an existing garage into an outbuilding used as an entertainment area to serve the proposed swimming pool.

The proposed modifications that form the subject of this revision are as follows:

* Alteration to the internal layout of the approved secondary dwelling to create a second bedroom within the south western corner and alter the location of two (2) windows.
* Relocate the entry doorway of the secondary dwelling from the northern elevation to the western elevation.
* Reposition both sliding doors along the eastern elevation of the secondary dwelling closer together with 250mm separation in lieu of the approved 450mm.
* Construction of two (2) steps forward of the sliding doors along the eastern elevation of the secondary dwelling to enter the premise.
* Reposition the child resistant swimming pool fence further north, closer to the principal dwelling by approximately 3.2m.
* Demolish the existing garage previously approved to be converted into an entertainment area serving the pool area.
* Demolition of existing brick piers at the rear of the dwelling.

The proposed modifications will not alter the approved floor space ratio of either the principal or the secondary dwellings.

The proposed modifications will decrease the approved overall footprint due to the demolition of the existing garage originally approved to be converted into an entertainment area.

The development is considered to remain substantially the same as approved.


BACKGROUND

8 Dec 10 Development application 10/DA-276 was deferred by Council’s Development Assessment Committee to a site inspection to determine the extent of an alleged unauthorised building works and that the matter be referred to the Manager – Building Control and a Penalty Infringement Notice was issued under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.

23 Dec 10 Council granted consent for development application 10/DA-276.

21 Jun 11 The subject Section 96 Modification application was lodged.

27 Jun 11 Adjoining residents were notified by letter and given fourteen (14) days during which one (1) submission signed on behalf of several residents was received in relation to the proposed modifications.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site with a frontage of 12.8m to Forest Road and an area of 643sqm. The site is located on the southern side of the street. Existing is an elevated clad single dwelling house. This section of Forest Road is classified as a State Road.

Adjoining the site to the east is a single storey brick dwelling house and a single storey clad dwelling house to the west. Located at the rear of the site is a row of attached townhouses known as 156 Morts Road Penshurst. The area is generally residential in character.

The site has a slope from front (north) to rear (south) in the order of 4 metres. Existing on site is the principal dwelling with recladded rear facade and new bi-fold doors as per the original application. No further work or demolition was undertaken since the original approval.


COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" and Section 96 of the Environmental Planning and Assessment Act 1979. The relevant issues raised are discussed below.

HEADS OF CONSIDERATION IN ACCORDANCE WITH SECTION 96 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Comment: The proposal poses no additional impact on the natural environment as it represents a decrease in the footprint than what was originally approved due to the demolition of the approved entertainment area. The remaining modifications are considered to be of minor nature requiring the change in layout of the approved secondary dwelling to accommodate two (2) bedrooms without any increase in its floor space, height or footprint.

Comment: The development is considered to remain substantially the same.

Comment: The subject application was notified in accordance with Section 2.2 of Development Control Plan No 1 for fourteen (14) days attracting one (1) written submission on behalf of three (3) objectors.

Comment: The above mentioned submission was received, considered and addressed accordingly later in this report under the heading “Referral, Submissions and the Public Interest”.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 – Residential and the proposed development is permitted within the zone with consent. The proposal meets the zone objectives.

Clause 11A (3), (4) – Dual Occupancies

The above clauses only permit an attached secondary dwelling and prohibit the construction of detached secondary dwellings.

In this regards, Hurstville Local Environmental Plan 1994 is superseded by the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

The proposed secondary dwelling as modified remains satisfactory to the provisions of the SEPP which is later discussed in more details under the heading “State Environmental Planning Policy (Affordable Rental Housing) 2009” of this report.

Clause 14 - Tree Preservation Orders

There is no vegetation onsite proposed to be removed as a result of the proposed development modifications. Notwithstanding, action was taken by Council’s Tree Preservation Officer as part of the original development application (10/DA-276) concerning the removal of one (1) Liquid Amber Tree from the rear yard.

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. The proposed swimming pool is to connect to the sewer line which currently traverses across the site approximately midway. The proposed repositioning of the swimming pool further north has resulted in limiting its necessary excavation outside the zone of influence of the sewer line. Surface roof water collected from the secondary dwelling remains the same as approved to be discharged into two (2) absorption trenches 3 metres in length connected to a pump out pit which discharges the overflow to the street gutter via a pump system due to the slope in the land.

Clause 22 - Excavation, filling of land

The excavation required for the proposed modified works particularly the swimming pool is not considered excessive and is unlikely to pose any detrimental effect on soil stability or drainage pattern.

The proposed drainage method remains the same as approved and is not envisaged that the proposal will have any detrimental impact on the drainage pattern.

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 (SEPP) (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

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

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

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 AFFORDABLE RENTAL HOUSING 2009

The extent to which the proposed modifications to the secondary dwelling comply with the provisions of the SEPP is illustrated in the table below.

SEPP Affordable Rental Housing 2009StandardProposalComplies
Division 2 (19)
Definition
Must be:
Established in conjunction of a principle dwelling
On the same Lot,
Can be attached or detached
Ancillary to the principle dwelling

On the same Lot
Detached
Yes


Yes
Yes
Division 2 (20)
Land to which division applies
Zones R1 General, R2 Low density, R3 Medium density, R4 High density and R5 Large Lot residential zonesR2 Residential
Yes
Division 2 (22) (3)
Development May be carried out with a Consent
Total floor area of Principle dwelling + Secondary dwelling must not exceed maximum permitted

60sqm maximum area for secondary dwelling unless permitted to be greater under EPI
Proposed FSR is 0.22:1 including the secondary dwelling and the maximum permitted is 0.54:1

60sqm
Yes





Yes
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

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


DevelopmentStandardProvidedComplies
Single Dwelling House2 spaces for 3 bedrooms or moreTwo (2) car spaces provided
Yes (1)
The parking is provided onsite behind the front building alignment for two (2) vehicles in a tandem fashion as approved originally (10/DA-276) under the approved side carport.


The proposal is considered to be satisfactory to the provisions Section 3.1 Car Parking.

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

The proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. An amended BASIX certificate satisfying the required score has been provided.

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

Nothing in this modification application affects the compliance under Development Control Plan No 1 of the development as originally approved.


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

Swimming Pools and SpasRequirementProposalComplies
Pool SittingInground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possible150mm above ground level Yes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary2.6m at closest point from the western side adjoining boundary Yes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing >1m from all directionsYes
FillingFilling of land between pool and property boundary is not permittedNo filling is proposed Yes
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursFilter positioned approximately centre of the entire allotment and substantially setback from adjoining neighbouring dwellings Yes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926A fence has been provided around the perimeter in full and access is via a single gate on the northern side of the fence. Standard conditions of consent are included regarding child resistance devices and standards of constructionYes
Fencing and GatesThe location of fencing for private swimming pools must comply with one of the following options:
- Option A
- Option B
- Option C
Option A No direct access to the swimming pool area from the building Yes
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing,

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

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

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

- The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point.
A standard condition of consent has been imposed to ensure that all these requirements are met during constructionYes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceA standard condition of consent has been imposed to ensure complianceYes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingA standard condition of consent has been imposed to ensure complianceYes
As can be seen from the table above, the proposal complies with Section 5.9.


4. Impacts

Natural Environment

There will be no further impact imposed upon the natural environment than what was originally proposed and approved as a result of the proposed modifications.

Built Environment

Streetscape

The impact on the streetscape remain unaltered from the approved design as the proposed modifications will not viewed from the street.

Design

The proposed modified layout of the secondary dwelling is considered to achieve adequate solar access and cross ventilation as it has a predominant north easterly aspect.

The proposed relocation of the swimming pool further north achieves an adequate distance of separation to remain clear from the zone of influence of the sewer pipeline traversing across the land.

Overshadowing

The proposal as approved was considered to have minimal shadow impact with all adjoining properties receiving the minimum required solar access due to its single storey nature.

In addition, the proposed modifications are considered to further improve the shadow impact upon the site itself by demolishing the existing detached outbuilding.

Privacy

There is no privacy impact as a result of the modification.

Heritage

The subject property is not a heritage listed item or located within the vicinity of a heritage listed item.

Social Impact

There is no adverse social impact

Economic Impact

There is no adverse economic impact.

Suitability of the Site

The site is considered suitable for the proposed development in terms of its size, shape, and topography. The site is not bushfire affected, does not contain acid sulphate soils, not affected by overland flow paths, or believed to contain contaminated land.


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. There was one (1) submission signed on behalf of three (3) residents received in relation to the proposed modifications.

Unauthorised Building Work

The submission received indicated that the development should not have been approved originally as a result of the unauthorised building work that took place previously

Comment: The unauthorised building work in question including the removal of one Liquid Amber Tree from the rear yard of the subject site has been referred to the Manager – Building Control whom have taken appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 (as amended) in accordance with Council’s adopted Enforcement Policy as part of the original approval granted (10/DA-276).

Notwithstanding, this issue is considered to be outside the scope of the subject Section 96 application as appropriate action has been taken in this regards.

Privacy

The submission received indicated that privacy is remaining a concern as a result of the proposed development.

Comment: The detached outbuilding that was originally approved is proposed to be deleted, further to this the secondary dwelling at the rear of the site, contained a small window with translucent glass along its rear façade which was serving the laundry/bathroom area. Given that the subject modifications introduces a new modified internal layout for the secondary dwelling, this area would now be serving a bedroom with provisions for a window to its western elevation, hence it is considered that the rear facing window is now no longer required.

As such, the applicant was requested to delete the subject window and provided amended plans with no provisions of any windows along the southern elevation.

This is considered a reduction in privacy impact to what was originally approved.

Drainage

The submission received highlighted some concerns regarding the build up of moss from the rear of the site as a result of previous tree removal and inadequate stormwater discharge

Comment: The proposed modifications do not alter the approved stormwater discharge system.

The stormwater disposal system has been approved to incorporate the provision of a pump out pit which has its overflow pumped to the street gutter. This is considered satisfactory to adequately drain the site as the roof areas in question is relatively small and a charged system to the street gutter outlet is unachievable due to the slope in the land.

Existing Brick Piers and possible further extension to the rear of the house

The submission highlighted some concerns regarding some existing brick piers onsite and the possibility of them being used for further extension to the dwelling.

Comment: The extension of the existing dwelling does not form a part of this application, notwithstanding this the subject piers are proposed to be demolished as part of this application.

Council Referrals

No referrals were necessary for the proposed modifications.


6. CONCLUSION

The proposed modifications satisfy the provisions of Hurstville Local Environmental Plan 1994 and Development Control Plan No 1 and the development is considered to remain substantially the same development as to which consent was granted.

The subject modifications are not considered to exacerbate the impacts upon the natural or built environment.


RECOMMENDATION

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 10/DA-276 granted on 23 December 2010 for the addition of a new rear deck and a new carport on the eastern side to the existing dwelling, a new inground swimming pool, construction of a new secondary dwelling at the rear south western corner of the site and the conversion of an existing garage into an outbuilding to be used as an entertainment area to serve the proposed swimming pool on Lot F DP 15533 and known as 525 Forest Road, Penshurst, is amended in the following manner. The conditions that are amended are Condition 2, 16 and 56 and are in bold.

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
01 Rev AReceived 7 Sep 11Site planCSA Drafting Services
02 Rev AReceived 21 Sep 10Floor plans of principle dwellingCSA Drafting Services
02 Rev AReceived 7 Sep 11Secondary dwelling floor plan and elevationsCSA Drafting Services
03 Rev AReceived 7 Sep 11Principle dwelling elevationsCSA Drafting Services
07 Rev AReceived 21 Sep 10SectionsCSA Drafting Services
07 Rev AReceived 7 Sep 11Pool & Secondary Dwelling SectionsCSA Drafting Service
Sheet 01
Edition A
Received 7 Sep 11Landscaping planCSA Drafting Services
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

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

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

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

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

7. TRGl - Tree Preservation Order

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

Demolition Conditions

8. DE 1

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

9. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

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

11. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority ( i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

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

13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
15. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

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

a) No approval is expressed or implied for the construction of a timber pergola attached to the principle dwelling from the its southern elevation and extending over the existing concrete area as outlined in the site plan provided, Plan No. 01 Rev A received by Council on 21 September 2010 and prepared by CSA Drafting Services.b) Deletedc) The area located along side the proposed secondary dwelling to the south eastern side of the subject site shall be covered with turf. This area is titled “Private Open Space” on the site plan and landscaping plan submitted and received by Council on 21 September 2010 and prepared by CSA Drafting Services.d) Deletede) The window servicing the bathroom area along the western elevation of the secondary dwelling must have obscured glass.f) Approval is granted for the demolition of the existing detached garage mentioned in the description of the proposal for the approved development application 10/DA-276.g) The deck at the rear of the dwelling and the southern side of the carport must be provided with a child resistant barrier and approved swimming pool balustrades or fencing to restrict access into the swimming pool area in accordance with Swimming Pool Act, the Building Code of Australia and the relevant Australian Standards.17. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.18. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

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

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) swimming pool design
(h) retaining walls
(i) stabilizing works20. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

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

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

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

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

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

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

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

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


or telephone 13 20 92.28. 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.

29. 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.

30. 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.
31. 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.32. BC1 - Construction Certificate - No work shall commence until you:

33. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
34. 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.35. 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.36. 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.

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

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. 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.

43. 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.

44. 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.

45. 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.

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. 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.49. 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.

50. 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.

51. 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.52. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

53. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.
54. 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.

55. 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:

56. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 395562S dated 8 September 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.
57. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.58. 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.

59. 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.60. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:61. SP2 - Filling with Water - No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.62. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).63. SP4 - Pump Hours - The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:64. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.65. SP6 - The following apply to the construction, use and maintenance of swimming pools and spas:66. SP7 - Cover - Install a pool cover, to reduce evaporation of water in the swimming pool.67. SP8 - The existing boundary fence must be renewed/repaired/placed to the satisfaction of Council to provide an effective safety barrier to the pool area.68. SP9 - No ancillary structures are to be located within the fenced pool area. No additional paving or modification to the landscaped open space area is permitted to that shown on the approved plan.69. SP10 - All fencing, doors and gates that provide access to the swimming pool must, so long as the swimming pool exists, be maintained in a good state of repair as effective and safe barriers.
70. 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.

71. 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.)

72. 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.

73. 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.

74. 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.75. 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 131318.76. 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.77. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.78. 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.

79. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours.

* * * * *


DECISION - DAC

THAT the application be deferred for a site inspection.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor W Pickering, OAM)





APPENDIX
Map2.PNGD11 91235  Elevation  REVISED plan - 525 Forest Rd Penshurst.pdfD11 91233  Site REVISED plan - 525 Forest Rd Penshurst.pdf


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 12th October 2011

DAC122-11 PNS - 22B AND 22 (INCLUDING 24A AND 26) MACQUARIE PLACE, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A RESIDENTIAL FLAT BUILDING CONTAINING FIVE (5) X (3) BEDROOM AND ONE (1) X TWO (2) BEDROOM UNITS WITH BASEMENT CAR PARKING AREA, ASSOCIATED SEWER WORKS TO ADJOINING PROPERTIES, AND STRATA SUBDIVISION INTO SIX (6) LOTS


Applicant

William Karavelas

Proposal

Demolition of existing structures and construction of a residential flat building containing five (5) x (3) bedroom and one (1) x two (2) bedroom units with basement car parking area, associated sewer works to adjoining properties, and strata subdivision into six (6) lots

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, 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 3.2 Subdivision, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention Requirements, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environmental Plan 1994 interpretation of use

Demolition, Residential Flat Building, and Subdivision of Land

Owner/s

Mr Edward John Brookes, Mr Jon William Brookes, and Mr David Max Brookes, owners of strata plans 6836 and 7978

Existing development

Each site contains a single storey dwelling house with outbuildings

Cost of development

$1,100,000.00

Reason for referral to Council

Variations to DCP 1

Report author/s

Senior Development Assessment Officer, Ms P Bizimis

File No

11/DA-213

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks permission to demolish the existing structures and construct a residential flat building containing five (5) x (3) bedroom and one (1) x two (2) bedroom units with basement car parking area, associated sewer works to adjoining properties, and strata subdivision into six (6) lots.

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 Development Control Plan No 1 in terms of street frontage, side boundary setbacks, and location of private open space.

3. The application was notified/advertised in accordance with Council’s requirements and no submissions were received in reply.


AUTHOR RECOMMENDATION

THAT the application be approved subject to the conditions included in the recommendation.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the demolition of the existing structures and construction of a three (3) storey residential flat building containing five (5) x three (3) bedroom and one (1) x two (2 bedroom) units with basement car parking area, associated sewer works to adjoining properties, and strata subdivision into six (6) lots. A lift is provided to all levels. Specifically the development involves:

Basement

* Twelve (12) residential car spaces (eight (8) in a stacked arrangement)
* Two (2) visitor car spaces (including a car washing area)
* Lift, stairs, meter room, cleaners room, bicycle room, and storage areas

Ground floor

* One (1) x three (3) bedroom unit. The unit has three (3) bedrooms, living room, dining room, kitchen, laundry, bathroom, media alcove, ensuite to bedroom 1, private open space in the form of a courtyard off the living room.
* One (1) x two (2) bedroom unit. The unit has two (2) bedrooms, living room, dining room, kitchen, laundry, bathroom, study, ensuite to bedroom 1, private open space in the form of a courtyard off the living room.
* Lift, stairs, foyer area
* Waste facilities area

First floor

* Two (2) x three (3) bedroom units. Each unit has three (3) bedrooms, living room, dining room, kitchen, laundry, bathroom, media alcove, ensuite to bedroom 1, private open space in the form of a balcony off the living room.
* Lift, stairs, foyer area

Second floor

* Two (2) x three (3) bedroom units. Each unit has three (3) bedrooms, living room, dining room, kitchen, laundry, bathroom, media alcove, ensuite to bedroom 1, private open space in the form of a balcony off the living room. The centre of the ceiling to this floor has clerestory windows for additional solar access.
* Lift, stairs, foyer area

Sewer Works

There is an existing sewer pipe which transverses the site towards the rear of the site. It is proposed to relocate this sewer line further to the rear of the site so that it sits under the landscaped open space area and not under the basement level. The relocation of the sewer pipe will require some works to the adjoining developments at 22 Macquarie Place and 24A-26 Macquarie Place. The owners of these sites have provided their consent to the proposed sewer works.

Strata Subdivision

The application proposes the strata subdivision of the proposed development. Draft strata plans have been provided which show the allocation of car parking, private open space, storage areas, and common areas in accordance with the proposed development.


BACKGROUND

1 Jul 09 The Development Assessment Committee refused an application (09/DA-39) for a residential flat building on this site. The proposal resulted in several non compliances with Development Control Plan No 1 including density.

9 Dec 09 The Development Assessment Committee refused a Section 82A Review of Determination application on 09/DA-39. A subsequent Appeal was lodged by the applicant.

9 Feb 10 The Land and Environment Court upheld Council’s refusal of the application primarily due to density and landscaping non compliances.

14 Jul 11 Current application lodged.

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the northern side of Macquarie Place, Mortdale near the corner of The Strand. The site contains two (2) lots, lots 22 and 23 DP 2921 and known as 22B and 24 Macquarie Place, Mortdale. The site has a combined street frontage of 20.12 m, length of 35.815m, and total site area of 720.6sqm. The site has a cross-fall to the rear north west corner from the front southeast corner of 0.98m. There is one (1) x