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COUNCIL MEETING

NOTICE OF MEETING
Wednesday, 2nd May 2012


Thursday, 26 April 2012

His Worship The Mayor and Councillors

I have by direction to inform you that a meeting of the Council Meeting of the Council will be held at the Civic Centre, Hurstville on Wednesday, 2nd May 2012 at 7.00 pm for consideration of the business available on Council's website at http://www.hurstville.nsw.gov.au/Agendas-and-Minutes.

Victor G D Lampe
General Manager


BUSINESS
1. The National Anthem
2. Opening Prayer
3. Acknowledgement of traditional custodians
4. Apologies
5. Mayoral Minute
6. Matters of Privilege
- Condolences
- Other
7. Disclosures of Interest
8. Minutes of previous meetings
9. Planning Reports
10. Council Reports
11. Notices of Motion
12. Questions With Notice
13. Committee of the Whole (Closed Council Meeting)
14. Consideration of Committee of the Whole Recommendations

The Quorum for the meeting is 7

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COUNCIL MEETING

SUMMARY OF ITEMS
Wednesday, 2nd May 2012

ITEMS


CCL169-12 HUR - 359 STONEY CREEK ROAD, KINGSGROVE - FIT OUT AND USE OF BUILDING AS BUSINESS PREMISES FOR TATTOO USE (12/DA-57)CCL170-12 PK - 9 FREEMAN AVENUE, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF 2/3 STOREY DWELLING WITH NEW INGROUND SWIMMING POOL (11/DA-324)CCL171-12 PK - 5 ROBYN STREET, PEAKHURST HEIGHTS - ALTERATIONS TO DWELLING – PART ONE, PART TWO STOREY REAR ADDITION AND FAÇADE ALTERATIONS (12/DA-58)CCL172-12 PK - 62 CLARKE STREET, PEAKHURST - DEMOLITION OF THE EXISTING AND CONSTRUCTION OF NEW TWO STOREY DWELLING HOUSE WITH FRONT FENCE (11/DA-391)CCL173-12 MINUTES: COUNCIL MEETING - 18/04/2012 (09/1229)CCL174-12 RETURN OF THANKS (10/31)CCL175-12 SIX MONTH REPORT ON DLG PROMOTING BETTER PRACTICE REVIEW (10/2066)CCL176-12 2011 COMMUNITY BUILDING PARTNERSHIP PROGRAM - RIVERWOOD PARK (11/1704)CCL177-12 CENTRAL PLAZA DEVELOPMENT PROCESS (11/482)CCL178-12 ST GEORGE LEADER LOCAL BUSINESS AWARDS 2012 (12/198)CCL179-12 APPLICATION FOR WINTER CRICKET AT GIFFORD PARK (D12/35261)CCL180-12 QUESTIONS WITH NOTICE (09/1229)CCL181-12 RESULTS OF PIN REVIEW COMMITTEE - MEETING 5 -24 APRIL 2012 (11/1584)CCL182-12 PROPERTY MATTER - NEW LEASE OVER 319 FOREST RD, HURSTVILLE (12/923)CCL183-12 PROPERTY MATTER - NEW LEASE OVER SUITE 4C, HURSTVILLE HOUSE (12/924)QWN018-12 BLUEFIT LEISURE - DIRECT DEBITING MEMBERS FOR BLUEFIT FOUNDATION (12/896)QWN019-12 DEGREE OF LEGAL ADVICE USED TO ANSWER RESCISSION MOTION QUESTION (09/1229)QWN020-12 COUNCILLOR FACILITIES AND EXPENSES 2010-2011 (09/1229)QWN021A-12 UPDATE ON SEWAGE OVERFLOWS INTO LIME KILN BAY WETLANDS (09/1229)
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COUNCIL MEETING
Wednesday, 2nd May 2012

CCL169-12 HUR - 359 STONEY CREEK ROAD, KINGSGROVE - FIT OUT AND USE OF BUILDING AS BUSINESS PREMISES FOR TATTOO USE


Applicant

Tat2it

Proposal

Fit out and use of building as business premises for tattoo use

Zoning

Zone 3(c) – Business Centre

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, State Environmental Planning Policy No 22 – Shops and Commercial Premises, State Environmental Planning Policy No 55 – Remediation Of Land, State Environmental Planning Policy No 64 – Advertising and Signage, 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 5.6 Hair Dressing, Beautician and Skin Penetration Premises, Section 5.8 Advertising and signage

Hurstville Local Environmental Plan 1994 interpretation of use

Business premises

Owner/s

L Nikolovski and R Nikolovski

Existing development

Business premises

Cost of development

$14,000.00

Reason for referral to Council

Referred to Council due to social impact concerns

Report author/s

Senior Development Assessment Officer, Mr I Karaman

File No

12/DA-57

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for a fit out and use of a building as business premises for tattoo use.

2. The proposal complies in full with the requirements of State Policies, Council’s Local Environmental Plan and Development Control Plan No 1 as a business premise subject to recommended conditions of consent. Accordingly is recommended that the proposal be supported.

3. The proposal was notified to immediate neighbours in accordance with Council’s requirements and received no submissions. Additionally, a petition of support has been submitted by the applicant to Council with regard to the applicant’s current established tattoo business in Carlton with a total of one hundred and forty one (141) supporting signatures from current clientele and surrounding businesses in the Carlton area.

4. The application was referred to NSW Police and no response has been received by the date of publication of this report.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The application seeks approval for the change of use from the existing commercial use to a business premises for tattoo use. The proposed use of the premises will involve the relocation of an existing business from Carlton, fit out and refurbishment of the existing office and specifically proposes the following:


The premises are already fitted with separate male and female toilets and shower facilities. The proposed advertising includes one (1) signage to the street front above the shop window as a top hamper sign.

The numbers of staff proposed are three (3) to four (4) employees and the hours of operating are the same as the current established premises at 328 Railway Parade, Carlton, with trading hours from Tuesday to Friday from 11.00am to 7.00pm and Saturday from 9.00am to 5.00pm by appointment only.

BACKGROUND
The previous approved use on the subject premises was development application 1996/DA-267 for a funeral arrangements office on 4 September 1996. The applicant has further informed that the more recent use on the premise was for the purposes of a plumbing business.

The current established tattoo business in Carlton was inspected by Council Officers on 17 April 2012. This inspection indicated a professional tattoo business with currently two (2) treatment beds and advertised trading hours the same as the proposed use. The new premises will allow for relocation with further opportunity to expand the current established business. Further, the applicant has informed Council that the current business is a family run business with clients viewed by appointment only and that the established business has a clientele waiting list booked until October 2012. A list of referees in support of the current business has been provided by the applicant.

The history of this application is as follows:

27 Feb 12 Council received development application 12/DA-57 for “fit out and use of building as business premises for tattoo use.”

5 Mar 12 to
19 Mar 12 The application was notified to neighbouring properties.

7 Mar 12 Site inspection of subject site.

20 Mar 12 Application referred to NSW Police – Crime Prevention Officer

11 & 12 Apr 12 NSW Police - Crime Prevention Officer contacted regarding comments on the application.

17 Apr 12 Site inspection of applicant’s current established tattoo business in Carlton.

19 Apr 12 NSW Police - Crime Prevention Officer contacted regarding comments on the application.

23 Apr 12 Applicant submits petition of support with one hundred and forty one (141) signatures.

24 Apr 12 Following recent announcements by NSW State Government applicant requested to respond as to whether the established business has any criminal associations.

24 Apr 12 Council received written submission by applicant that the established business has no criminal associations or to any gang activity.

DESCRIPTION OF THE SITE AND LOCALITY
The site is an irregular shaped allotment with a frontage of 7.4m on the southern side of at 359 Stoney Creek Road with rear lane vehicular access via a shared right of carriage way from Patrick Street. The existing single storey brick building is attached on its western boundary and setback from the street with a site area of approximately 260sqm. Vehicular on-site parking for two (2) vehicles is available at the rear of the premises. The street frontage to the premises is secured by high open-form steel gates, which leads to the doorway of the premises. A large external shop front window provides passive surveillance of the street frontage.

Existing on the site is a vacant commercial premises recently used as a plumbing business. Adjoining the site on the eastern side is a Caltex service station. Attached to the subject building on its western side is a commercial building used as a photography/portrait studio, which wraps to the street corner of Patrick Street. Located at the rear of the site adjoining the right of carriageway is a single storey dwelling. Opposite the site and on the northern side of Stoney Creek Road is a strip of older styled two (2) storey buildings with commercial/retail on the ground floor and shop-top housing above known as the Kingsway. Beyond this commercial strip of properties is surrounded by predominantly a residential zone of low density housing.

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 3(c) - Business Centre and the proposed use is a permissible use in the zone. Accordingly, the proposed use is considered to be consistent with the relevant objective to maintain a commercial focus in the zone.

Clause 15 – Services
Adequate provision for the supply of mains water and the disposal of sewerage are available to the subject site in accordance with this clause of the Local Environmental Plan. The disposal of stormwater from the site is also adequately provided for by the existing building.

Clause 25A - Advertising and signage
The proposed signage is considered to be consistent with the objectives under Clause 25A and is not a prohibited sign, which satisfies the requirements under subclause (3) and (4).

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT
The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is consistent with Council’s requirements subject to conditions of consent granted for the disposal of stormwater in the catchment.

STATE ENVIRONMENTAL PLANNING POLICY NO 22 – SHOPS AND COMMERCIAL PREMISES
The proposal is considered to be consistent with the relevant aims and objectives of this policy and the provisions regarding a lawful change of use from a shop to commercial premises.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND
The subject site is zoned 3(c) - Business Centre and, given the types of uses permissible within this zone, it is considered unlikely that the land is contaminated.STATE ENVIRONMENTAL PLANNING POLICY NO 64 – ADVERTISING AND SIGNAGE
The above Policy applies to all signage including the business identifications sign as proposed in the application.

SEPP 64 aims to ensure that advertising and signage is compatible with the desired amenity and visual character of an area, will provide effective communication in suitable locations and is of high quality design and finish. The proposed signage associated with the commercial use of the building is considered to be generally consistent with the aims and objectives of the policy under Clause 3.

The proposed signage located to the street frontage is considered to be well integrated with the design of the existing commercial building with quality materials and finishes. The proposed sign is considered to respect the right of other advertisers without creating visual clutter, whilst consistent with the character of the area. It is considered that the signage is consistent with the objectives set out in Schedule 1 of the SEPP.

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environmental Plan 2011
Under the Draft Hurstville Local Environmental Plan 2011, the maximum building height for the site is 9m with a maximum FSR for the site being 1.5:1. The proposal seeks to occupy an existing structure and no changes are proposed to existing building height or FSR.

At the Council meeting of 12 April 2012, Council resolved to adopt the Draft Hurstville Local Environmental Plan 2011 with a number of amendments and forward the draft Plan to the Department of Planning and Infrastructure. Documentation is currently being prepared for the submission of Draft Hurstville Local Environmental Plan 2011 to the Department under Section 68 of the Environmental Planning and Assessment Act 1979. At this stage the Draft Plan is not imminent and certain.

Draft State Environmental Planning Policy (Competition) 2010
The aims of this Policy are:The proposal is consistent with the general provisions of this draft Policy.

Any other matters prescribed by the RegulationsThe Regulations prescribe the following matters for consideration for development in the Hurstville Council area:Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.3. Development Control Plans

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

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING
The proposed use is defined as a business premises and in accordance with the table of parking requirements under this section would require one (1) space per 50sqm. Given the GLFA area of the premises is approximately 92sqm, the business premises requires two (2) car spaces, which is provided at the rear of the premises. Accordingly the proposal is considered suitable with regards to the provision of adequate parking under the Development Control Plan.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
The proposal has been assessed against the security measures required for commercial developments under Development Control Plan No 1 – LGA Wide as shown in the following table.

DCP No 1 – CPTEDRequired Proposed Complies
Fencing Allows natural surveillance to street front fences to be no higher than 1m or allow open transparent fence if higherOpen surveillance to street is available to street frontage, whilst rear surveillance is restricted. Additional lighting and CCTV is recommended to both frontages as conditions of consent.Yes - by condition of consent
Blind CornersDirect pathways with permeable barriers
Mirrors around corners
Glass/steel panels in stairwells
No blind cornersYes
Communal / public areasProvide opportunities for natural surveillanceNatural surveillance available from shopfront window to street frontages. Whilst rear has no windows and will rely on CCTV.Yes - by condition of consent
EntrancesClearly visible and not confusingFront entrance clearly visible. Public access provided at front. The rear entrance needs to be clearly identified by numbering.Yes - by condition of consent
Site and Building
Layout
- Provide surveillance opportunities;
- Building addresses street;
- Habitable rooms are directed towards the front of the building.
Recessed entry allows screening of customers prior to entry. Reception area located at front of shop within view of shop front windowYes
Landscaping and maintenance - Avoid dense medium height shrubs;
- Allow spacing for low growing dense vegetation;
- Low ground cover or high canopy trees around play areas, car parks and pathways;
- Avoid vegetation which conceals the building entrances.

Appropriate materials used to reduce opportunity for vandalism.
Vegetation or anti-graffiti paint on large walls.
Vandal resistant external lighting and street furniture
Proposed landscaping at frontage to be kept as low hedge form and to the side boundaries.








Opportunities for vandalism reduced via provision of CCTV surveillance to the site as per conditions of consent
Yes - by condition of consent
Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
Lighting to be provided to street front and rear parking and shall be conditioned to comply with AS4282:1997 in regard to light spillageYes - by condition of consent
Building Identification- Clearly numbered buildings;
- Entrances numbered
- Unit numbers;
provided at entry.
Numbering to entrance including rear required to be conditionedYes - by condition of consent
SecurityProvide an appropriate level of security for units and communal areas to reduce opportunity for unauthorised accessPassive surveillance at from windows of dwellings and territorial reinforcement at street frontage for deterrence. CCTV further recommended. Clients viewed by appointment only.Yes - by condition of consent
Ownership and Building MaterialsUse of fencing, landscaping, colour and finishes to imply ownership.
Toughened or laminated glass at ground floor.
Roller shutters should be in the form of a clear security grille.
Signage, vegetation and paving along the street boundary conveys sense of ownership. Open- form screen gates to business front door.Yes
Location and design of fit out

The location of the business is well suited on a main road within the vicinity of other commercial properties with good surveillance opportunities to street frontage. The rear car park accessed via a shared right of carriageway has passive surveillance opportunities available via the adjoining residential dwelling with windows that naturally overlook the driveway. The proposed internal layout of the business is designed with the reception area at the front of the shop with clear sight lines of the shop front window. The door entry is recessed to allow further screening of customers prior to entry of the premises. It is recommended via conditions of consent to further increase surveillance with the provision of CCTV and lighting at both the front of the premises and to its rear as additional security measures for the business use. Accordingly, the proposal is considered to conform to the objectives of Section 3.4 of Development Control Plan No 1 – LGA Wide.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 5.6 HAIR DRESSING, BEAUTICIAN AND SKIN PENETRATION PREMISES
Development consent is required for all skin penetration premises including the use of tattoo studios. An examination of the proposed fit out indicated that the floor coverings, wall provision, sharps disposal, hand wash provision, storage areas and other hygiene standards is in accordance with this section of Development Control Plan No 1 and via recommended conditions of consent from Council's Environmental Health Officer.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 5.8 ADVERTISING AND SIGNAGE
In accordance with Section 5.8 of Development Control Plan No 1 regarding Sign Definitions and Requirements, the top hamper sign is considered to be consistent with the requirements under the Development Control Plan. Conditions of consent are further recommended to be imposed, which ensures 50% visibility in the front window and that the proposed top hamper sign will not result in undesirable glare or result in safety issues to motorists.

Overall, it is considered the proposed signage is well-integrated with the elements of the existing building and generally improves its current dull appearance. The proposed signage is appropriate in size and designs, which are sensitive to the location and are considered to be in general compliance with the Development Control Plan, subject to conditions of consent.

4. Impacts

Natural Environment
The site is within an existing densely built- up area. It is considered unlikely the proposed use or works will have a further negative impact on the natural environment.

Built Environment
External works with the proposal are minimal other than signage and are considered unlikely to detract from the appearance of the existing building.

Social Impact
The proposed use is not a prohibited use and is a lawful use that is permitted in the zone. The proposed commercial business for tattoo use is currently established within the St George area of Carlton and is intended to be relocated to Kingsgrove to allow an expansion of the business.

The established business has been operating successfully for four (4) years with two (2) artists and is booked out with a clientele waiting list until October 2012. Clients are viewed by appointment only with the hours of trading conforming to standard business premises ie no late trading hours are proposed. The business will operate only five (5) days of the week as per the current established business.

The applicant has provided a list of referees comprising nearby businesses and a petition of support of one hundred and forty one (141) signatures from businesses and clientele to further support the use of the proposed business.

There are no planning grounds or current planning legislation to infer the proposal is likely to result in any negative social impact. The applicant has complied with all additional information with a petition of support from nearby established businesses and has indicated that “we are not associated with any bikie gang or any criminal activity. We are a family owned business.”

The notification period resulted in no objections being received. As such it is considered that the proposal will result in a negligible social impact. Advice from NSW Police was sought and no response has been received by the date of publication of this report.

Economic Impact
The proposal is unlikely to result in any negative impact on the local economy.

Suitability of the Site
The site is suitable for the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. As such no submissions were received in relation to the application. The applicant has provided a petition of support of one hundred and forty one (141) signatures from businesses and clientele to support the use of the proposed business.

Council Referrals

Environmental Health Officer
The Environmental Health Unit has assessed the proposed development for the above subject site and has no objection to the development subject to the recommended conditions of consent.

Environmental Health and Building Surveyor
Council's Environmental Health and Building Surveyor has indicated that the proposal is satisfactory subject to recommended conditions of consent.

External Referrals

NSW Police
The proposal was referred to NSW Police with no referral comments received by Council.

6. CONCLUSION

The proposed development has been assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act, 1979 and against State Environmental Planning Policies No 22 and No 64, Hurstville Local Environmental Plan 1994 and the relevant sections in Council’s Development Control Plan No.1 – LGA Wide. The application complies in full with the relevant requirements. It is considered the proposed use is suitable on the site, subject to the recommended conditions of consent.
Accordingly the proposed development is recommended for approval.

RECOMMENDATION
THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 12/DA-57 for a fit out and use of building as business premises for tattoo use on Lot 4A DP 12406 Lot 84 DP 16261 and known as 359 Stoney Creek Road, Kingsgrove, subject to the attached conditions:

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

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

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000. 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
6. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
PCA Service Fee
DA6
$434.82
Construction Certificate Application Fee
CC1
$326.53
Construction Certificate Imaging Fee
AP165
$66.95
7. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

8. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.9. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:10. PN9 - No construction or the like may be carried out before the issue of the Construction Certificate.

11. PW1 - 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.

12. Plans and specification - The person with the benefit of this consent must submit to Council details for the construction and fit out of skin penetration premises. Such details must demonstrate compliance with the Public Health Act 1991, the Public Health (Skin Penetration) Regulation 2000, the Guidelines for Skin Penetration 2001 and the Skin Penetration Code of Best Practice.
13. Hand wash basin - Hand wash basins are to be provided in each treatment room and details are to be submitted with Construction Certificate plans.

14. Storage areas - Storage areas are to be provided for soiled and clean linen, cleaning equipment and personal items, this is to be submitted with Construction Certificate plans.

15. Sterilisation and sanitisation - Details of sterilisation techniques to be used must be provided whether it is through the use of an autoclave or dry heat sterilisation. The location of sanitising sinks are to be submitted with Construction Certificate plans.16. 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.

17. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Principal Certifying Authority as required by the building design.

18. ST2 - Engineer's certificate - A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

19. 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; and20. BC1 - Construction Certificate - No work shall commence until you:
21. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:22. 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.

23. 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 throughout any demolition and construction work.

24. Prior to commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.25. 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.

26. PW2 - Ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 27. 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.

28. 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.29. PV4 - All access driveways, queuing areas, ramps, gradients and the like for parking areas must be constructed in accordance with Council's Development Control Plan, except where otherwise approved by Council.

30. PV1 - Linemarking and Numbering - All car parking spaces are to be clearly linemarked, and numbered.

31. 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 rear car parking area.

32. 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:
33. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front and rear of the building.

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.
39. 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:
40. 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.41. Skin Penetration – Inspection and Registration - Prior to the issue of any Occupation Certificate or occupation or use of any skin penetration premises:42. 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:43. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.

44. All landscaping at the street frontage shall be adequately maintained and shall remain as a low hedge form at no higher than 40mm above to minimise any concealment and allow for maximum surveillance of the street frontage. 45. The doors and door-frames to the development are to be of solid construction. The doors are to be fitted with locks which comply with the Australian Standard – Mechanical Locksets for doors in buildings, AS:4145:1993, http://www.saiglobal.com, to restrict unauthorised access. This standard specifies the general design criteria, performance requirements, and procedures for testing mechanical lock sets and latch sets for their resistance to forced entry and efficiency under conditions of light to heavy usage. The standard covers lock sets for typical doorways, such a wooden, glass or metal hinged swinging doors or sliding doors in residential and business premises, including public buildings, warehouses and factories. Requirements for both the lock and associated furniture are included. Certain areas may require higher level of locking devices not referred to in this standard (eg locking bars, electronic locking devices, detection devices, alarms). Compliance with this condition is to be demonstrated prior to the issue of the Occupation Certificate.

46. Doors which are designated as (fire) exits must comply with the Building Code of Australia which means that they provide egress to a road or open space, an internal or external stairway, a ramp, a fire isolated passageway, a doorway opening to a road or open space. In a required exit or path of travel to an exit, the unobstructed height throughout must not be less than 2m, except the unobstructed height of any doorway may be reduced to not less than 1980mm and the unobstructed width of each exit or path of travel to an exit, except for doorways must not be less than, 1m. (The width of the fire exit door dictates the width of egress path leading to it). The door in the required exit must be readily open-able without a key from the side that faces the person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1.2mm from the floor. Compliance with this condition is to be demonstrated prior to the issue of the Occupation Certificate.

47. The street number must be prominently displayed at the front of your business to comply with the Local Government Act, 1993 Section 124 (8). Failure to comply with any such order is an offence under Section 628 of the Act. Offences committed under Section 628 of the Act attract a maximum penalty of 50 penalty units (currently $5,500.00) for an individual and 100 penalty units (currently $11,000.00) for a corporation. The number is to be in contrasting colours to building materials and be a minimum height of 120mm. The business name is to also be prominently displayed at the front of the business to assist in the identification of the premises. Directional signage is to be posted at decision making points throughout the proposed development to provide guidance to patrons using the facility. This can also assist in access control and reduce excuse making opportunities by intruders.48. A Fire Safety Statement must be prominently displayed within the business to comply with the Environmental Planning and Assessment Regulations (1994) Clause 80GB. The annual fire safety statement is a statement issued by the owner of a building to the effect that each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found when it was assessed, to be capable of performing. Signage is to be provided at (fire) exits to assist occupants to identify exits in emergency situations. Signage is to be provided to assist occupants to identify fire suppression equipment, eg extinguishers, fire hoses, etc.

49. An emergency control and evacuation plan which complies with the Australian Standard, Emergency Control Organisation and Procedures for Buildings, Structures and Workplace, AS:3745:2002, http://www.saiglobal.com, must be prepared and maintained by the development to assist management and staff in the event of an emergency. This standard sets out the requirements for the development of procedures for the controlled evacuation of building, structures and workplaces during emergencies. Further information in relation to planning for emergencies can be obtain from Emergency NSW http://www.emergency.nsw.gov.au or Emergency Management Australia http://www.ema.gov.au50. The approved use being conducted only on Tuesday to Friday from 11.00am to 7.00pm and Saturday from 9.00am to 5.00pm.

51. Skin Penetration – Registration and Maintenance of Skin Penetration Premises - The skin penetration premises must be registered with Council and maintained in accordance with:
52. Medical Waste Storage and Disposal - A separate waste bin is to be provided for the disposal of clinical waste and a sharp container is to be provided for the disposal of sharps waste. Clinical and sharps waste must be collected and disposed of by an authorised contractor in accordance with the Protection of the Environment Operations (Waste) Regulation 2005. Dockets/receipts of hazardous waste disposal must be kept and presented to Council when required.

53. Lighting - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill.

54. Storage of goods - there shall be no storage of any goods external to the building.

55. MI7 - The shop/factory unit number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.

56. 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.

57. PV8 - Parking Space Number/Availability, Commercial Use – 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.

58. PVI2 - Use of Car Parking Spaces – The car parking spaces shall be linemarked and used only for the parking of vehicles and not used for the storage of any materials or waste matter.

59. 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.60. 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.

61. 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.

62. ZC3 - No goods for sale or display are to be placed outside the front or rear facade of the building unless approved by Council.

63. MI16 - No goods shall be stored or displayed outside the building.

64. 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.

65. 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.

66. ZC5 - At least one half of a shop frontage must comprise the doorway and display window/glazed shop front.

67. 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.

68. ZC7 - Lighting to illuminate the footpath at night time for pedestrians is to be provided. The lighting should be energy efficient.

69. 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.70. ZC9 – No tables, chairs, planters, display signs or goods and the like are to be placed on the footpath unless approved by Hurstville City Council.

71. 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.

72. 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.

73. Delivery vehicles may only access during the approved trading hours.
74. 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.

75. If you are not satisfied with this determination, you may:
76. 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.

77. 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.

78. 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.

79. 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 9600.80. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

81. 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.

82. 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.

83. The Commonwealth Disability (Access to Premises - Buildings) Standards 2010 (the Premises Standards) commenced on the 1 May 2011 and applies to any application (i.e. Construction Certificate) lodged hereafter. This requires any new building, part of a building and the affected part of the existing building to comply with the Premises Standards, the Building Code of Australia and AS 1428. In this regard, details must be submitted with the Construction Certificate application demonstrating compliance with the above requirements.
84. Pursuant to Clause 94 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:85. Concerns regarding staff attending and working within the development after surrounding businesses, restaurants have closed and staff having to exit the premises through the rear right of carriageway.That duty extends (without limitation) to the following: 86. 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:
87. If you need more information, please contact Senior Development Assessment Officer Ilyas Karaman on 9330-6169 during normal office hours.


RESOLUSION - CCL

THAT the application for the tattoo parlour be refused for the following reasons:

Pursuant to Section 79 C (1) (b) of the Environmental Planning and Assessment Act 1979 (as amended), the proposal is considered to detrimentally impact upon the social environment and amenity of the locality;

Pursuant to Section 79 C (1) (c ) of the Environmental Planning and Assessment Act 1979 (as amended), the site is considered to be unsuitable for the proposed use as the use is not sympathetic or supportive of the existing general retail and commercial development within the surrounding and adjoining 3 (c )Business Centre Zone; and

Pursuant to Section 79 C (1) (d) & (e) of the Environmental Planning and Assessment Act 1979 (as amended), the proposal is considered to have a detrimental impact on the amenity of the immediate locality, including residential.

FURTHER THAT the matter be referred to a workshop to consider amending the Development Control Plan to manage this issue in future.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)





APPENDIX
Plans with Details - 359 Stoney Creek Rd Kingsgrove.PDFSignage - 359 Stoney Creek Rd Kingsgrove.PDFLocation Map for 359 Stoney Creek Rd Kingsgrove.PNG


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COUNCIL MEETING
Wednesday, 2nd May 2012

CCL170-12 PK - 9 FREEMAN AVENUE, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF 2/3 STOREY DWELLING WITH NEW INGROUND SWIMMING POOL


Applicant

Tony Velevski

Proposal

Demolition of existing dwelling and construction of 2/3 storey dwelling with new inground swimming pool

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, 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 Requirements, Section 3.9 Waste Management, 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

Mr T and Mrs C Velevski

Existing development

Two storey dwelling house

Cost of development

$450,000.00

Reason for referral to Council

Four minor variations to DCP 1 and two submissions received

Report author/s

Manager Development Assessment, Ms T Christy

File No

11/DA-324

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks development consent under the provisions under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended) for demolition of existing dwelling and construction of part two (2)/part (3) storey dwelling with new inground swimming pool on land known as 9 Freeman Avenue, Oatley.

2. The proposal has been assessed against the applicable controls and minor variations to Development Control Plan No 1 – LGA Wide in relation to maximum ceiling height, maximum height, minimum first floor side setbacks in Foreshore Scenic Protection Areas, and maximum garage width which are supported on merit.

3. The application was notified in accordance with Council’s requirements, in response two (2) submissions were received. The applicant provided amended plans which were renotified. In response two (2) submissions were received from the same objectors.


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 demolition of existing dwelling and construction of part two (2)/part (3) storey dwelling with new inground swimming pool on land known as 9 Freeman Avenue, Oatley. In detail the proposal is described as follows:

Demolition Partial demolition of existing building.

Sub Floor Plan Sub floor, garage internal stairs to ground floor, rainwater tanks.

Ground Floor Front porch, entry stairs, verandah, theatre, entry, study, linen, bathroom, laundry, kitchen, pantry, stairs to first floor and rear alfresco.

First Floor Four (4) bedrooms with two (2) front balconies and two (2) bathrooms.

Inground swimming pool measuring 8m x 4m in rear yard.

Associated landscaping works.

AMENDED PLANS (received by Council 2 March 2012)
Amended plans were received by Council which sought to increase the side setback on the ground floor and step back the first floor to better comply with Council’s maximum height requirements. The amended plans essentially for the most part are of the same design as the original proposal resulting in minimal change.

DESCRIPTION OF THE SITE AND LOCALITY
The subject site is legally described as Lot 199 in DP 11934 on land known as 9 Freeman Avenue, Oatley. The subject site forms a generally rectangular block on the south eastern high side of the street and is dimensioned as follows; 13.715m along the north western frontage, 47.525m along the south eastern side boundary, 13.72m along the south eastern rear boundary, 47.845m along the south western side boundary with an area of 654sqm. The site slopes from rear to front with a north east to south west cross fall of about 8.06m. There are two (2) trees located within the front setback and one (1) tree located on the Council reserve at the front of the property. A rock outcrop is located within the front setback. A two (2) storey dwelling is centrally located on site. The subject site is zoned 2 - Residential under the Hurstville Local Environmental Plan 1994 and is also located within the Foreshore Scenic Protection Area.

The immediate vicinity comprises of a residential nature with single and two (2) storey dwellings of varying architectural styles and designs. Recent additions to the streetscape include modern two (2) storey dwellings. Water views from the subject site to the water to the north west are obscured by existing two (2) storey dwellings and mature tree canopies.

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 meets the zone objectives. The development is compliant with the Hurstville Local Environmental Plan 1994 (as amended).

Clause 14 – Tree Preservation Orders
The application does not seek the removal of trees which are located within the front setback of the subject site or on Council's reserve. The extent of the proposed works are located above the existing dwelling and rear of the site. Hence it is considered that this clause has been adequately satisfied.

Clause 15 – Services
Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land. Stormwater from the dwelling is to discharge to the street gutter via gravity attached to the recommendations of this report.

Clause 19B – Foreshore Scenic Protection Areas
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, does not impact on views from adjoining properties, public places to waterway and adjacent foreshore areas. The proposed use of materials is not considered to adversely affect the character of the locality and landscape open space on the site. 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 proposal seeks a cut of 2000mm which is a combination of landscaping cut (200mm) and the 1800mm cut to accommodate the proposed inground swimming pool located to the rear south east corner of the site.

The proposal for the most part is to be located above the existing dwelling which seeks a maximum cut of 3000mm to accommodate the basement level. In this regard, the proposal is considered to adequately satisfy the objectives and intent of this subsection.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND
The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated. In this regard, the proposed works are considered to adequately satisfy this Policy.

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 satisfying the requirements of the SEPP.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 - GEORGES RIVER CATCHMENT
The proposal has adequately provided off site drainage regarding the proposed works. The proposal seeks to drain to the street. As previously stated, conditions to that effect are to be incorporated as part of any approval.

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environmental Plan 2011
The proposal has been considered against the provisions within the Draft Hurstville Local Environmental Plan 2011 and is considered to satisfy the applicable R2 Low Density Residential objectives.

At the Council meeting of 12 April 2012, Council resolved to adopt the Draft Hurstville Local Environmental Plan 2011 with a number of amendments and forward the draft Plan to the Department of Planning and Infrastructure. Documentation is currently being prepared for the submission of Draft Hurstville Local Environmental Plan 2011 to the Department under Section 68 of the Environmental Planning and Assessment Act 1979. At this stage the Draft Plan is not imminent and certain.

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 building affected by the proposal.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING
The extent to which the proposed garage complies with the car parking provisions is outlined in the table below.

Development
Requirements
Provided
Complies
(Residential) Single Dwelling House2 spaces for 3+ bedroomsDouble garage 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 as rainwater tank located proposed to be located within the subfloor area of the sub floor level to the rear of the garage.

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 street via gravity. In this regard, the proposed works adequately satisfy the intent of this sub section.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT
A waste management plan 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.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.1 SINGLE DWELLING HOUSES
The proposal has been assessed against the requirements of Section 4.1 of Council’s Development Control Plan No 1 – LGA Wide as shown below.

(1) Building Height

The proposal seeks a variation to Council’s controls which restrict the maximum ceiling height to 7.2m and a maximum building height of 9.2m. The proposed variation has been assessed on its merits and is supported on the following planning basis;

* The proposed works form a new dwelling which utilises a portion of the existing dwelling whereby an existing outcrop is located within the front of the site. The existing dwelling is situated 13.2m from the street whereby the extent of first floor is to be for the most part located above the existing dwelling. The significant front setback of the first floor front external wall is located more than 20m from the front boundary and is considered to sufficiently offset the proposed minor variation in relation to streetscape impacts.

* The proposed design of the proposal adopts a ‘stepped in’ design which extends away from the street. It is considered that the design contains sufficient articulation and proportions along the horizontal and vertical planes which reduces the impact of any visual bulk generated by the proposed development.

* As assessed in the above compliance table, the proposal seeks a floor space ratio of 0.45:1 which is significantly less (approximately 57sqm) than the maximum permissible floor space ratio of the subject site. This is taken into consideration with the most part compliant setbacks, front and rear setbacks which significantly exceed Council’s minimum requirements.

This variation does not result in any unacceptable material overshadowing impacts to adjoining properties. Sufficient levels of solar access are achieved.

The proposed works do not result in any material detriment to the desired character for Foreshore Scenic Protection Areas and residential areas within the locality. The proposal for the reasons above have considered to adequately satisfy the intent of the height controls and underlying residential objectives within the Hurstville Local Environmental Plan 1994 (as amended).

(2) Setback Controls
The proposal seeks a variation Council’s prescribed requirements in relation to the 1500mm first floor side setback for dwellings within the Foreshore Scenic Protection Area. The variation sought is considered to be of a minor nature and is supported on the following basis:

* The proposal has sought to provide a ground floor side setback along the southern side elevation of 1200mm which exceeds Councils controls of the minimum requirement of 900mm. This has resulted in additional spatial separation of the dwelling in relation to the boundary of the subject site.

* The proposed ground floor (forms technically a first floor as it is located 1m above natural ground level) side elevation proposes a side setback of 1200mm which is short 300mm of the prescribed 1500mm required. This is considered to be a minor variation which spans the length of 9.2m over the total building length (including porches and rear alfresco of about 23m. This variation is clearly not visible from the street due the significant front setback of 13m.

* The proposal does not result in any overshadowing impacts, amenity issues, or view loss to surrounding neighbouring properties.

* No material planning impacts are generated by this variation. This element of the proposal does not result in any adverse unduly material planning impacts.

For the reasons above, the variation sought is supported on merit.

(3) Facade Articulation
Council’s controls restrict the maximum door width of a garage door to 40% of the width of the dwelling house. The proposal seeks a minor variation to this requirement to 41%. The variation is minor to allow for the minimum double garage door width of 4.8m. Given the significant front setback of 13.2m it is considered that this minor variation to Council’s controls will not result any unacceptable streetscape impacts.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 5.9 SWIMMING POOLS AND SPAS
The proposal seeks development consent for an inground swimming pool (1800mm maximum depth – 1200mm minimum depth) which is proposed to be located within the rear south east corner of the site. The proposed pool seeks a rectangular shape with an RL 17.60. The proposed pool has been assessed as per below.

Swimming Pools and Spas
Standard
Proposal
Complies
Pool SittingOn steeply sloping sites, Council may consider allowing up to 1000mm above natural ground, provided the exposed face wall is treated to minimise the visual effectProposed pool is to be cut and lowered into the natural ground level by a maximum 1.1mYes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary2m Yes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing1m away from pool fencingYes
FillingFilling of land between pool and property boundary is not permittedNo filling proposedYes
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursConditioned to comply as part of original approvalYes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 - Swimming Pool Safety and provisions in DCP 1Conditioned to comply as part of original approvalYes
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.
Conditioned to comply as part of original approval



Conditioned to comply as part of original approval




Conditioned to comply as part of original approval


Conditioned to comply as part of original approval



Conditioned to comply as part of original approval
Yes




Yes





Yes



Yes




Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceConditioned to comply as part of original approvalYes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingNo horizontal members proposedYes
As can be seen from the table above, the proposal complies with Section 5.9.


4. Impacts

Natural Environment
The proposal is not considered to result in any unacceptable material impacts to the natural environment.

Built Environment
The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments. In this regard, the proposed works are not considered to result in 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.

Suitability of Site
Through the assessment of the development proposal, it is considered that the site is suitable for the proposed development for the reasons contained within this report.

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, two (2) submissions were received. The applicant’s amended plans were also renotified. In response (2) submissions were received from the same objectors. The relevant concerns raised are as per below.

Geotechnical engineering report
Concerns were raised regarding the requirement of a geotechnical engineering report.

Comment: The subject site contains rock outcrops hence a geotechnical report is conditioned prior to issue of the Construction Certificate as part of any consent granted. The extent of excavation is considered to be minor in nature to accommodate the garage sub floor area (approximately 3sqm) and swimming pool which is commensurate with developments within the foreshore area and greater locality.

Dilapidation report
Concerns were raised regarding potential damage to neighbouring properties due to the proposed works.

Comment: A dilapidation report is conditioned prior to the issue of the Construction Certificate as part of any approval.

Stormwater run off report
Concerns were raised regarding adequate drainage of stormwater.

Comment: The proposed works has provided a concept stormwater plan of which seeks to drain to the street. Standard conditions are imposed to protect the neighbouring amenity of adjoining properties in relation to drainage.

Landing too close to boundary/privacy issues
Concerns were raised in relation to the proposed landing along the northern side boundary which also relates to potential privacy/overlooking issues.

Comment: The proposed entry landing is considered to result in overlooking impacts onto the adjoining side neighbouring property due to the elevated position of the proposed ground floor level which is 1m above natural ground level. A privacy screen is conditioned to be imposed along the side boundary to minimise overlooking impacts.

Location of LPG bottles/air conditioning units
Concerns were raised in relation to the proposed location of the LPG bottles and air conditioning units along the northern side elevation.

Comment: The proposal seeks to locate LPG bottles along this elevation which does not raise any material planning impact. The proposed location of the air conditioning unit is considered to be satisfactory subject to the imposition of Council’s standard conditions relating amenity. No material impacts are generated by this element of the proposal.

Pool pump location
Concerns were raised in relation to the proposed pool pumps.

Comment: The proposal seeks a pool (though the location of the pumps are not located on the plan) located within the rear south western rear corner. It is considered that subject to standard conditions of consent regarding use and noise that the proposed pool pump will not result in any unacceptable material planning impact.

Noise and Dust
Concerns were raised regarding potential noise and dust impacts generated by the proposed works.

Comment: Standard conditions relating to construction hours and dust suppression measures are to be imposed as part of any consent granted.

Public Interest

The proposal is considered to be in the public interest.

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) and is considered to be satisfactory, hence the application is supported 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-324 for demolition of existing dwelling and construction of 2/3 storey dwelling with new inground swimming pool on Lot 199 in DP 11934 known as 9 Freeman Avenue, 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
Issue F
17 Feb 12
Site PlanGoing 2 Plan
Issue F
17 Feb 12
Elevations (West and East)Going 2 Plan
Issue F
17 Feb 12
Elevation (Southern)Going 2 Plan
Issue F
17 Feb 12
Elevation (Northern)Going 2 Plan
Issue F
17 Feb 12
Sub Floor, Ground Floor and First Floor PlansGoing 2 Plan
395552S_03
16 Sep 11
BASIX CertificateGoing 2 Plan
-
8 Sep 11
Waste Management Plan
040911 Issue C Sheets 1 and 2
Sep 11
Drainage PlansAztec Engineers
LP01 Rev A
7 Sep 11
Landscape Plan Robs Garden 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 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:
PCA Services Fee
DA6
$2,375.72
Construction Certificate Application Fee
CC1
$1,607.68
Construction Certificate Imaging Fee
AP165
$132.87
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.

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:
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 pools
(h) retaining walls
(i) stabilizing works
(j) structural framework

20. Geotechnical Reports - The developer must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:
(a) Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks and any excavations.
(b) Dilapidation Reports on the adjoining properties including, but not limited to adjoining neighbouring properties prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any 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 - Drainage - All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).
28. 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 with general access standards conforming to AS 2890.1 1:2004 as amended.

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. 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:

32. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:
(a) What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.
(b) The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.
(c) The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.
(d) How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.
(e) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.
(f) A Soil and Water Management Plan detailing all sedimentation controls.33. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:
(a) The Swimming Pools Act 1992 & Regulation 2008;
(b) Australian Standard 1926.1-2007 - Swimming Pool Safety;
(c) Council's Development Control; and
(d) Protection of the Environment Operations Act 1997.34. SP6 - The following apply to the construction, use and maintenance of swimming pools and spas:
(a) no ground level may be raised or filled except where shown specifically on the approved plans;
(b) all pool/spa waste water is to be discharged to the sewer according to the requirements of Sydney Water;
(c) the swimming pool must not be used for commercial or professional purposes;
(d) pool water quality must be maintained to Council's satisfaction;
(e) install a hydrostatic pressure relief valve in the base of the pool (inground pools);
(f) provide permanently fixed depth markers at each end of the pool;
(g) drain paved areas to the landscaped areas; and
(h) arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.
35. 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.36. BC1 - Construction Certificate - No work shall commence until you:
37. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:38. 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.

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

40. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.41. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.
Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.42. 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 92.43. 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:
before the commencement of work (and until issue of the Occupation Certificate).
45. 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: 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.

46. 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.

47. 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.

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

49. 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.

50. 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.

51. 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.

52. 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.

53. 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.

54. 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.

55. 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.

56. 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.

57. 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.

58. 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.

59. 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.

60. 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.

61. 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.
62. 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.

63. 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:
64. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 395552S_03 dated 16 September 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

65. 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.66. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.67. 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.

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. 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).

70. 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 pm71. 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.

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

73. 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.

74. 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.

75. 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.

76. 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.

77. 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.
78. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

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

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

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

82. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.

83. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.

84. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.85. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

86. AD11 - Other approvals required - Where it is proposed to:
(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.
an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

87. If you need more information, please contact Development Assessment Officer, Mark Raymundo on 9330-6176 during normal office hours.


RESOLUSION - CCL

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor J Jacovou / Seconded Councillor W Pickering, OAM)





APPENDIX
Elevations REVISED plan - 9 Freeman Ave Oatley.PDFREVISED Site Plan with highlighted pool 9 Freeman Avenue Oatley.PDF


Print

COUNCIL MEETING
Wednesday, 2nd May 2012

CCL171-12 PK - 5 ROBYN STREET, PEAKHURST HEIGHTS - ALTERATIONS TO DWELLING – PART ONE, PART TWO STOREY REAR ADDITION AND FAÇADE ALTERATIONS


Applicant

Mrs A Aversa-Morassut

Proposal

Alterations to dwelling – part one, part two storey rear addition and façade alterations

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, 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 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 3.8 Fences adjacent to Public Roads, Section 4.5 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Single dwelling house and ancillary to dwelling house

Owner/s

Angelina Aversa-Morassut and Ivo Morassut

Existing development

Single dwelling house and garage

Cost of development

$200,000.00

Reason for referral to Council

Property owned by Council staff member

Report author/s

Consultant Planner, Ms J Askin

File No

12/DA-58

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks approval for alterations and additions to the existing part one (1), part two (2) storey dwelling house and undertake façade alterations.

2. The appearance of the dwelling will be consistent with the existing surrounding dwellings having regard to design and scale and is compatible with Council’s objectives.

3. The proposal complies with the numerical requirements of the Hurstville Local Environmental Plan and with Development Control Plan No 1.

4. 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 application seeks approval for alterations and additions to the existing dwelling house.

The proposed dwelling includes:

Lower ground floor
* Retention of existing garage and driveway access
* New rumpus room to the rear of garage with internal access from garage and ground floor level
* New WC

Ground floor
* Minor internal reconfiguration to allow for new master bedroom with ensuite to replace existing living and kitchen area
* Addition to rear to allow for kitchen, dining and living area, laundry and bathroom
* New internal stairs to access lower ground floor
* New terrace at rear with external access stairs

DESCRIPTION OF THE SITE AND LOCALITY
The site is an irregular shaped site with a frontage of 12.695 metres to Robyn Street and an area of 568sqm. The site is located on the southern side of Robyn Street. Existing on the site is a part one (1), part two (2) storey dwelling with a garage at lower ground floor level and the habitable rooms at ground floor level.

Adjoining the site to the east is a two (2) storey dwelling and adjoining to the west is a single storey dwelling. The area is generally characterised by a mix of one (1) and two (2) storey dwellings.

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN
The land is zoned 2 - Residential and is a permissible use in the zone. The proposal meets the zone objectives.

Clause 15 - Services
The proposal is considered satisfactory in this regard, as stormwater runoff can be managed to Council’s requirements by directing the proposed new additions to the rear of the property to Council's reserve.

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

Draft Hurstville Local Environmental Plan 2011
The site is located in the R2 Low Density Residential zone in the draft Hurstville Local Environmental Plan 2011. The proposed development complies with the objectives of this zone.

The site is subject to a draft height control of 9 metres and a draft FSR control of 0.6:1. The proposal complies with these draft controls.

At the Council meeting of 12 April 2012, Council resolved to adopt the Draft Hurstville Local Environmental Plan 2011 with a number of amendments and forward the draft Plan to the Department of Planning and Infrastructure. Documentation is currently being prepared for the submission of Draft Hurstville Local Environmental Plan 2011 to the Department under Section 68 of the Environmental Planning and Assessment Act 1979. At this stage the Draft Plan is not imminent and certain.

Any other matters prescribed by the Regulations
The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Clause 92Clause 943. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING
The proposal has been assessed against the parking requirements of Development Control Plan No. 1 – LGA Wide – Section 3.1 Car Parking as follows.

DCP – Car Parking
Standard
Proposal
Complies
Car parking space requirements for a residential dwelling with 3 or more rooms2 car space requirements behind front building lineExisting single garage to be retained with car space in front
Yes
As can be seen from the table above, the proposal complies with the requirements of Section 3.1 Car Parking.


DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY
This Development Control Plan requires that the proposal achieve a maximum BASIX standard for new dwellings. Overall the proposal has achieved a BASIX certificate in relation to the NSW Government’s requirements for sustainability and therefore complies with this requirement.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES
This proposal has been assessed against Council’s relevant Development Control Plans and Sections and below is a summary.

Single Dwelling House Controls
Standard
Proposal
Complies
Site AreaExisting lot - 568sqm, no change
Yes
Floor space ratio0.55:1
312.4sqm
0.37:1
208.93sqm
Yes
Landscaped Open spaceMin 45%
(255.6sqm)

Min 25% deep soil
(142sqm)

Min 15sqm in frontage
298sqm

251sqm


82sqm
Yes

Yes


Yes
Principal Private Open Space5m (width)
30sqm (area)
>5m
>30sqm
Yes
Yes
Height maximum9m (ridge)
7.2m (external wall to ceiling)
7.26m
6.6m
Yes
Yes
Front setback4.5m (dwelling)
5.5m (garage)
>4.5m
>5.5m
Yes
Yes
Rear setback3m (ground)
6m (first)
4m
9m
Yes
Yes
Side setback900mm (ground)
1500mm (first)
1.5m (west)
0.9m (east)
Yes
Yes
Balconies and terraceDirect access at same floor level
Not visible from the street
Direct access at step of 172mm
Not visible from the street
Yes

Yes
Façade articulationFront door and habitable window facing primary street

Minimum 2 building elements to primary street frontage
Front door and habitable window facing primary street
>2 elements
Yes



Yes
PrivacyWindows to be offset by 1m from neighbours· Windows offset
· Bathroom window being translucent glass
Yes
Solar design/energy efficiencyPrivate open space of adjoining buildings to receive minimum 3hrs sunlight between 9am and 3pm on 21 June mid winter.

Solar access to be preserved.
Private open space to the western neighbour affected in the afternoon, still achieves min 3hrs
Yes (1)
As can be seen from the table above, the proposal complies with the requirements of Section 4.1 Single Dwelling Houses.


(1) Solar design/energy efficiency
The proposal will increase overshadowing to the private open space of the adjoining property to the west, however it still complies with Council's minimum requirements.

The Development Control Plan states that exemptions will be considered for developments that comply with all other requirements but are located on sites with an east-west orientation. As the proposal complies with the controls set out in Section 4.1, the proposal and the site has an east-west orientation, the proposal is considered satisfactory.

4. Impacts

Natural Environment
The proposal is considered satisfactory in terms of protecting the natural environment.

Built Environment
The proposal complies with the building envelopes controls and landscaping controls and is an appropriate response to the characteristics of the site. The proposal will not impact on the residential amenity of the locality and will not affect the privacy of the adjoining properties. There are no heritage concerns associated with the proposal.

Social Impact
The proposed residential dwelling is in keeping with the desired future residential character of the locality.

Economic Impact
The proposal will not impact on the amenity of adjoining properties and therefore will not affect the value of these properties.

Suitability of the Site
There is no evidence to suggest that the site is unsuitable for the subject development. The site is not in an acid sulfate soil area and is not contaminated.

The proposed dwelling is suitable for the subject allotment.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

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

Council Referrals
No referrals required.

6. CONCLUSION
The proposal is considered to be satisfactory against the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 and is recommended for approval, subject to conditions.

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 12/DA-58 for alterations to dwelling – part one part two storey rear addition and façade alterations on Lot 44 DP 219889 and known as 5 Robyn Street, Peakhurst Heights, 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
Job no 100603 plans 2-6
Jun 10
Roof and site plan, lower ground floor plan, ground floor plan, elevations, sectionsCSD Urban Style Design 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 98-98E 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:
PCA Services Fee
DA6
$1,610.00
Construction Certificate Application Fee
CC1
$1,116.75
Construction Certificate Imaging Fee
AP165
$99.71
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:
12. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the 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
(i) structural framework13. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

14. 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.

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

16. 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.17. 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.

18. DR1 - Stormwater System - All stormwater runoff from proposed additions is to be collected in a system of pipes and pits and directed to the rear of the property for discharge in a controlled fashion toward Council’s Reserve and away from neighbouring private property.
Demolition Conditions
19. 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.

20. 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.

21. 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.

22. 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.

23. 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.
24. 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.25. BC1 - Construction Certificate - No work shall commence until you:

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

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

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

Please refer to the web site www.sydneywater.com.au for:
· Quick Check agents details - see Building and Developing then Quick Check; and
· Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building and Developing then Building and Renovating.

or telephone 13 20 92.

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. 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: 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.

34. 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: 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.
43. 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.

44. 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:
45. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A125361 dated 29 November 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

46. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.47. 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.
48. 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.

49. 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.)

50. 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.

51. 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.

52. 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.53. 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.

54. 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.55. 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.

56. If you need more information, please contact Manager, Development Assessment Tina Christy on 9330-6253 during normal office hours.


RESOLUSION - CCL

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





APPENDIX
Elevations - 5 Robyn St Peakhurst Heights.PDFlocational map.PNGRoof & Site Plan - 5 Robyn St Peakhurst Heights.PDF


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COUNCIL MEETING
Wednesday, 2nd May 2012

CCL172-12 PK - 62 CLARKE STREET, PEAKHURST - DEMOLITION OF THE EXISTING AND CONSTRUCTION OF NEW TWO STOREY DWELLING HOUSE WITH FRONT FENCE


Applicant

SIA Design

Proposal

Demolition of the existing and construction of new two storey dwelling house with front fence

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, Georges River Catchment Regional Environmental Plan No 2, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification, Section 3.7 Drainage and On-site Detention Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 4.1 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Steve Bechara

Existing development

Single dwelling house

Cost of development

$600,000.00

Reason for referral to Council

Three submissions received

Report author/s

Manager Development Assessment, Ms T Christy

File No

11/DA-391

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes the demolition of the existing dwelling house and the construction of a two (2) storey dwelling and new front fence.

2. The proposal complies in full with Council’s Development Control Plan No 1 – LGA Wide.

3. Three (3) submissions were 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 the existing single dwelling house and outbuildings, and the construction of a new two (2) storey single dwelling house. The development is to comprise:

Ground Floor Entry/foyer, study, home theatre, rumpus room, laundry, bathroom, pantry, combined family/dining room and rear alfresco area. A double garage is also provided on this level.

First Floor A sitting area, bathroom and four (4) bedrooms, one (1) with an ensuite bathroom, walk in wardrobe and front balcony.

Site The application also seeks to provide a new 900mm high brick front fence. Three (3) trees are proposed to be removed from the rear of the site. Two (2) trees in the rear yard are listed for retention with the remainder of the trees and shrubs on site listed for removal. A total of eleven (11) additional trees with an adult height in excess of 4m are being provided on site. As the allotment has a fall to the street, a maximum of 1.1m excavation is proposed at the rear and a maximum of 1.47m fill is proposed at the front of the building footprint, in order to provide a level slab.

Originally submitted plans proposed excessive floor area and height. These plans were subsequently amended to bring the proposal into conformance with Council’s requirements. This report deals with the amended plans.

DESCRIPTION OF THE SITE AND LOCALITY

The site is a generally rectangular site with a skewed rear boundary and a frontage of 15.92m to and an area of 640.5sqm. The site is located on the eastern side of the street. Existing on the site is a single dwelling house and two small outbuildings.

The allotment has a fall to the street of some 3.5m to 4m.

Adjoining the site on all sides are single dwelling houses. The area is predominately 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 application proposes a permissible use in the zone. The proposal meets the zone objectives.

Clause 14 – Tree Preservation Orders

The proposal requires the removal of all trees from the site with the exception of two (2) large trees in the rear yard. Council’s Tree Management Officer has assessed the trees listed for removal in accordance with this Clause of the Local Environmental Plan and has indicated that the trees are suitable for removal due to their current health and stability.

The proposed tree removal is unlikely to result in any impact on soil stability or degradation. The provision of cut and retaining in the rear yard, with the addition of replacement trees will encourage the maintenance of existing soil stability following the completion of the development.

The decrease of the existing scenic or environmental amenity is proposed to be replaced through the provision of eleven (11) additional trees on site with an adult height of 4m or more.

The trees listed for removal do not form part of a substantial corridor planting/vegetation system and as such are unlikely to support any significant habitat.

The proposal therefore complies with this section of the Local Environmental Plan.

Clause 15 – Services

Appropriate provision of utilities and stormwater disposal services are provided to the site in accordance with this section of the Local Environmental Plan. All roof waters are proposed to drain via gravity to Clarke Street.

GEORGES RIVER CATCHMENT STATE REGIONAL ENVIRONMENTAL PLAN NO 2

The proposed method of stormwater disposal is in accordance with the requirements of the Georges River Regional Environmental Plan No 2. The plan proposes the disposal of stormwater via a gravity system, to the street in accordance with the requirements of the Plan.

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

The proposal has a supporting BASIX Certificate that demonstrates compliance with the State Environmental Planning 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

Draft Hurstville Local Environmental Plan 2011

The proposal has been considered in relation to the Draft Hurstville Local Environmental Plan 2011. The proposal is considered to be consistent with the standards of the draft Hurstville Local Environmental Plan 2011, specifically by complying with the lot size, land use, FSR, building height and achieving the zone objectives for Zone R2 – Low Density Residential.

At the Council meeting of 12 April 2012, Council resolved to adopt the Draft Hurstville Local Environmental Plan 2011 with a number of amendments and forward the draft Plan to the Department of Planning and Infrastructure. Documentation is currently being prepared for the submission of Draft Hurstville Local Environmental Plan 2011 to the Department under Section 68 of the Environmental Planning and Assessment Act 1979. At this stage the Draft Plan is not imminent and certain.

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

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

The application proposes a new 900mm high front fence with 1200mm high support posts. The proposed fence meets with the requirements of this section of Development Control Plan No 1.

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

An assessment is provided in relation to this section of the Development Control Plan in the table below.

Single Dwelling HousesStandardProposed
Complies
4.1.2.2 StreetscapeMust not diminish the quality of the streetscapeThe proposal responds satisfactorily to the existing streetscape
Yes
4.1.3.1 Maximum Floor AreaSite Area 640.54sqm – (640.54-630) x 0.3 + 346.5 = 349.66sqm326.355sqm
Yes
4.1.3.2 Landscape and Open Space

Principal Private Open Space

Deep Soil
45% (288.24sqm)

30sqm and minimum dimensions of 5m

25% of site with
15sqm in front yard on sites wider than 12m
55.18% (353.48sqm)

45.15sqm with minimum dimensions of 5.45m
42.8% of site >15sqm provided in front yard
Yes

Yes


Yes
4.1.3.3 Building HeightCeiling height 7.2m
Ridge height 9m
7.1m (max)
8.45m
Yes
Yes
4.1.3.4 SetbacksFront; 4.5m to wall
5.5m to garage
Side 900mm (ground and sub floor storage)
Second floor 1200mm
Rear 3m to ground
Rear 6m to balustrade
6.1m
7.3m
900mm

1800mm minimum
5.4m
No rear balcony
Yes
Yes
Yes

Yes
Yes
Yes
4.1.3.7 Façade ArticulationCarports/garages set back 5.5m

Sites >12m wide garage doors to not exceed 40% of dwelling width


Habitable room to street

Two elements of street façade of:
Entry feature/portico

Wall offset/balcony/ verandahs/pergolas
7.4m


36%




Study to street



Complies

Complies
Yes


Yes




Yes

Yes

Yes

Yes
4.1.3.8 Car Parking and Vehicular Access3 bedrooms or more, 2 spaces.

Sites >12m, 2 spaces behind front building alignment.
2 provided in garage and 2 hard stand

2 spaces behind front building alignment
(double garage)
Yes


Yes

Yes
4.1.3.9 PrivacyWindows offset by 1m
Neighbouring principal private open space is not overlooked by proposed living areas
Privacy is appropriate
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 mid winter equinox.
Solar access is appropriate.
Yes
As demonstrated in the table, above, the proposal complies 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. While the application proposes the removal of all but two (2) of the trees on the site, these trees are not part of a widespread vegetation system. It is also noted that the provision of eleven (11) additional trees with a height of 4m or more will provide an appropriate level of planting for the allotment.

Built Environment

The proposal is considered to provide an appropriate built form for the area. It is noted that up to 1.1m excavation and a maximum of 1.47m fill is proposed on the site. This method has been proposed in order to provide a habitable floor level without any step in the slab. As the proposal complies with the relevant wall height and roof ridge requirements of Council’s Development Control Plan, it is considered that the proposal is satisfactory. It is also common in the nearby vicinity for dwelling houses to be elevated by way of fill at the front due to the fall of allotments to the street.

Social Impact

The proposal is unlikely to have any undue social impact.

Economic Impact

The proposal is unlikely to have any negative economic impact.

Suitability of the site

The allotment is suitable for the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Three (3) submissions from two (2) households were received in relation to the proposal, raising the following issues.

Floor Space Ratio

One (1) neighbour has indicated that the development appears to exceed the maximum permitted FSR for the site.

Comment: The proposal initially proposed a variation to FSR. This variation was subsequently overcome with the lodgement of amended plans.

Character

One (1) neighbour has commented that the proposal does not necessarily respond to the existing character of the area.

Comment: The proposal complies in full with the requirements of Council’s Development Control Plan No 1 and as such satisfies the future envisioned character of the area. It is also noted that the proposal also provides for front boundary setbacks that are in excess of the minimum front setback requirements and are more commensurate with the street character. The cut and fill, proposed in order to provide a level slab, results in an elevated front entry area. Elevated verandas and front entry areas are common for dwelling houses on this side of Clarke Street due to the fall experienced to the street. As such it is considered that the proposal responds appropriately to the existing street character.

Excavation and rock cutting proposed is excessive

One (1) neighbour has indicated that the proposed excavation involved on site is excessive and may result in damage of the adjoining allotments on the basis of the amount of rock in the area.

Comment: The proposal requires some cut at the rear of the site. The excavation for this floor slab will require supervision from a geotechnical engineer and the submission of a dilapidation report, in order to protect adjoining allotments. It is considered that the maximum 1.1m cut proposed at the rear of the site will not result in any negative impact on the stability of adjoining dwellings if undertaken appropriately in accordance with the conditions of consent.

Tree Removal

All three (3) letters have protested in relation to the proposed tree removal. One (1) submission has requested replacement planting. The two (2) remaining submissions have indicated that the tree removal for the trees at the rear of the subject site that provide shade and privacy for adjoining neighbours should be maintained.

Comment: Council's Tree Management Officer has issued no objection to the removal of all but two (2) trees on the site due to the condition of these trees. Further it is noted that the proposal provides for eleven (11) additional replacement trees with a minimum adult height of 4m. This is considered to be an appropriate outcome.

Privacy

One (1) neighbour has indicated that the proposal will impact on privacy.

Comment: All upper floor windows that offer the potential for overlooking are from bedrooms or bathrooms. Specifically a bedroom, ensuite and hallway look out towards the rear, one (1) bedroom has a view towards the northern side neighbour and no windows overlook towards the south. The first floor rooms with standard open-able windows are considered to be low usage rooms and will not result in any undue loss of neighbour amenity in relation to the proposal.

Council Referrals

Tree Management Officer

Council’s Tree Management Officer has indicated that the proposed tree removal is permissible as the Paperbark trees have greater than 90% epicormic growth due to heavy lopping, the Cocos Palms are exempt from the Tree Preservation Order and the Fig tree has several inclusions in the main stem.

Manager - Development Advice

Council's Manager - Development Advice has indicated that the application is satisfactory subject to conditions of consent.

The relevant conditions from Council's Manager - Development Advice have been included in the recommendation section of this report.

6. CONCLUSION

The application proposes a demolition of the existing structures on the subject site and construction of a new two (2) storey single dwelling house with front fence.

The application complies in full with Council’s Development Control Plan No 1 – LGA Wide.

Three (3) submissions were received in relation to the proposed development. These submissions are discussed in the report.

The application is to be recommended for approval.

RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 11/DA-391 for demolition of existing dwelling and construction of a new two storey dwelling with front fence on Lot C DP 26016 and known as 62 Clarke Street, Peakhurst, subject to the attached conditions:

THAT the application be approved subject to the following conditions:

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

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

Plan Number
Plan Date
Description
Prepared By
DA02 B
Sep 11
Site PlanSia Design
DA04 B
Sep 11
Ground Floor PlanSia Design
DA05 B
Sep 11
First Floor PlanSia Design
DA06 B
Sep 11
Section AASia Design
DA07 B
Aug 11
Section BBSia Design
DA08 B
Sep 11
West ElevationSia Design
DA09 B
Sep 11
East ElevationSia Design
DA10 B
Sep 11
North ElevationSia Design
DA11 B
Sep 11
South ElevationSia Design
DA12 B
Sep 11
Landscape PlanSia 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 98-98E of the Environmental Planning and Assessment Amendment Regulation 2000.

6. PR1 - Prescribed Conditions of Development Consent

Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (relating to building work)

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorized to be carried out by the consent commences.

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

Erection of Signs

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

(a) showing the name, address and telephone number of the principal certifying authority for the work
(b) showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours
(c) stating that unauthorised entry to the work site is prohibited

(2) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, and must be removed when the work has been completed.

(3) This clause does not apply to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(4) These signage requirements do not apply to in relation to Crown building work that is certified to comply with the technical provisions of the State's building laws.

Notification of Home Building Act 1989 Requirements

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

(a) in the case of work for which a principal contractor is required to be appointed:
(i) the name and licence number of the principal contractor
(ii) the name of the insurer by which the work is insured under Part 6 of that Act

(b) in the case of work to be done by an owner builder:
(i) the name of the owner builder
(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit

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

Shoring and Adequacy of Adjoining Properties

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and
(b) where necessary, underpin the adjoining premises to prevent any such damage.

This does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

7. TRGl - Tree Preservation Order

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

Demolition Conditions

8. DE 1

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

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

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

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

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

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

To Obtain a Construction Certificate

14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Evidence of an Owner Builder Permit (Class 1 & 10 buildings only).

(b) Evidence of Home Building (Private) Insurance Certificate.

(c) Fees to be paid to Council:

Schedule of fees, bonds and contributions
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$1,525.00
7 Nov 11
358363
Plan First Fee
X
AP35
$384.00
7 Nov 11
358363
Notification Fee
X
AP12
$134.93
7 Nov 11
358363
Imaging Fee
X
AP165
$132.87
7 Nov 11
358363
Long Service LevyAP34
$2,100.00
Builders Damage DepositBON2
$1,500.00
Inspection Fee for Refund of Damage DepositDA6
$125.00
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee
DA6
$2,724.36
Construction Certificate Application Fee
CC1
$1,827.77
Construction Certificate Imaging Fee
AP165
$132.87
Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

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

16. 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.

17. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00

(b) Payment to Council of a non refundable Inspection Fee to enable assessment of any damage and repairs where required: $125.00

(c) At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council.

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.
18. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the 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
(i) structural framework

19. Geotechnical Reports - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

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

(b) Dilapidation Reports on the adjoining properties including, but not limited to 60 Clarke Street, 64 Clarke Street, 29 Evans Street and 27 Evans Street, Peakhurst, prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc. This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate. Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

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

(d) Rock breaking techniques. Rock excavation is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures.

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

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

21. 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 stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

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

27. 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.

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

29. 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.

Before Commencing the Development

31. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:

(a) A Construction Certificate for the building work has been issued by:
(i) The consent authority; or
(ii) An accredited certifier; and

(b) The person having the benefit of the development consent has:
(i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and

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

(b2) The person having the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(c) The person having the person having the benefit of the development consent has given at least 2 days notice to the Council of the person's intention to commence the erection of the building.

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

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

(a) Obtain a Construction Certificate from Hurstville City Council - a fee applies for this service; or

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

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:

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

(b) Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier).

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

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

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

Please refer to the web site www.sydneywater.com.au for:
· Quick Check agents details - see Building and Developing then Quick Check; and
· Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building and Developing then Building and Renovating.

or telephone 13 20 92.

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:

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

before the commencement of work (and until issue of the Occupation Certificate).

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.

During the Development

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

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building.

Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

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

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

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

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

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

Additionally, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) is prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

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

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

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

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

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

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

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

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

52. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.

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

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

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

Before Occupation

56. 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.

57. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building.

Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

(a) That any preconditions required by the development consent to be met have been met; and

(b) Such building work has been inspected by that Principal Certifying Authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the Principal Certifying Authority and the conditions required by this development consent.

58. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 397940S dated 28 September 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

59. 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 a private contractor (subject to Council approval).

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

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

After Occupation/Ongoing Conditions

61. 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.

62. 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.

Other Approvals - Section 78(5), Local Government Act 1993

Nil.

Advices to Applicant

63. 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.

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

(a) Apply for a Review of a Determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. If your development application was lodged with a consent authority prior to 28 February 2011, that request for a review and decision by Council must be made within twelve (12) months of this Notice of Determination. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.
OR

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

(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

65. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of:

(a) street/house number and street name
(b) side of the street
(c) name of nearest cross street
(d) distance from nearest cross street

For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

66. 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.

67. 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.

68. 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.

69. 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.

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

71. 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.

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


RESOLUSION - CCL

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

(Moved Councillor P Sansom / Seconded Councillor J Jacovou)





APPENDIX
62ClarkeMap.PNGElevation plans - 62 Clarke St Peakhurst.PDFLandscape plan - 62 Clarke St Peakhurst.PDF


Print
COUNCIL MEETING
Wednesday, 2nd May 2012


CCL174-12

RETURN OF THANKS

Report Author/s

Manager Corporate Governance & Records, Mrs K Garske

File

10/31



EXECUTIVE SUMMARY

For the information of Councillors.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

For the information of Councillors, it is advised that Return of Thanks have been received from:

Mrs Kathy Low on behalf of her son, Johnny, thanking Council for helping her pay for Johnny's expenses with our donation of $300.00. Mrs Low advised this helped to pay for the 2012 Badminton U13 Interstate Series in Altona, Victoria. In the Under 13 Interstate Series and Regional; Team Challenge, Johnny's team, NSW Thunder, came in 1st place. He also won 4 Singles Events.


RESOLUTION - CCL

THAT the information be received and noted.

(Moved Councillor P Sansom / Seconded Councillor A Istephan)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 2nd May 2012



CCL175-12

SIX MONTH REPORT ON DLG PROMOTING BETTER PRACTICE REVIEW

Report Author/s

Internal Ombudsman, Mr W Park

File

10/2066

Reason for Report

For approval

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

Yes



EXECUTIVE SUMMARY

Council at its meeting held on 2 November 2011 considered a report from the Division of Local Government (DLG) on a Promoting Better Practice Review that was carried out in late 2010. That report indicated a six monthly report would be submitted to Council and the DLG on the progress of implementing the recommendations of the Promoting Better Practice Review report. This is the first six monthly report.


AUTHOR RECOMMENDATION

THAT the information be received and noted.

FURTHER THAT the Division of Local Government be provided with a copy of this report including the status report.


REPORT DETAIL

Council at its meeting held on 2 November 2011 considered a report from the Division of Local Government (DLG) on a Promoting Better Practice Review that was carried out in late 2010 and resolved as follows:


The report to Council indicated a six monthly report would be submitted to Council and the DLG on the progress of implementing the recommendations of the report. This is the first six monthly report.

The report from the DLG was published on the Council's website on 8 November 2011 and the DLG was advised on 3 November 2011 that the report was considered by Council at its meeting on 2 November 2011.

It was also indicated in the report to Council that progress of implementing the report recommendations would be considered by EXCOM on a quarterly basis. Progress reports were submitted to EXCOM on 7 December 2011 and 18 April 2012.

Presentations by the General Manager, Internal Ombudsman and Manager Human Resources were made to over 180 staff (excluding wages staff) on 14, 15 and 16 February 2012 in the Civic Theatre on the outcomes of the report and particularly those issues identified by the DLG that have an impact on the operation of Council being:

As previously indicated there are 35 recommendations from an extensive review of Council processes and operations and a number have already been implemented or addressed. From these recommendations, 18 or 51% have been completed up-to 24 April 2012, with a further 7 scheduled for completion by 30 June 2012. This will bring completed recommendations up to 71%. Of the remaining 10 recommendations, 7 should be completed by 31 December 2012. A status report of the recommendations is attached.

Given Council's resources and other priorities significant progress has been made and at this time it is anticipated that the remaining recommendations will be addressed within the time frames indicated in the report.


RESOLUTION - CCL

THAT the information be received and noted.

FURTHER THAT the Division of Local Government be provided with a copy of this report including the status report.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)





APPENDIX
DLG PBP Review Status Report as at 24 April 2012.xlsx


Print
COUNCIL MEETING
Wednesday, 2nd May 2012



CCL176-12

2011 COMMUNITY BUILDING PARTNERSHIP PROGRAM - RIVERWOOD PARK

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

11/1704

Reason for Report

For approval

Existing Policy?

No

New Policy Required?

No

Financial Implications

Yes, within existing program budget

Previous Reports Referenced

Yes



EXECUTIVE SUMMARY

This report is presented to Council to gain approval to accept a $35,000 grant from the 2011 Community Building Partnership to upgrade the children's playground in Riverwood Park.


AUTHOR RECOMMENDATION

THAT Council accept the $35,000 grant as part of the 2011 Community Building Partnership to upgrade the children's playground in Riverwood Park.

THAT Council approve that the remaining $85,000 for the project be funded from the 2012/2013 Peakhurst Ward Revenue Works Program.


REPORT DETAIL

The NSW Government has announced the 2011 Community Building Partnership Program which provides $300,000 to each electoral district to contribute towards the cost of building important community infrastructure to improve the delivery of community services. An additional $100,000 is provided for electorates with relatively higher unemployment.

The 2011 Community Building Partnership Program for the Electorates of Kogarah, Oatley and Lakemba, is aimed at delivering a positive social, recreational or environmental outcomes. Councils are required to at least match their approved grant amount with funding from their own or other sources. In addition, all projects must be ready to commence by mid-2012 and be completed before the end of June 2013.

Council at its meeting on 14th December 2011, resolved to submit the following projects to the 2011 Community Building Partnership Program:

Project
Electorate
Project Details
Project Cost Estimate
Grant Funds Sought
Community Strategic Plan Reference
Supporting Documentation
Beverly Hills Park - Pedestrian / Cycle Path
Kogarah
Design and construction of a 2m wide concrete pedestrian / cycle path around park perimeter
$200,000
$100,000
Social & Cultural Development Pillar - Section A.5: Recreation & Sporting FacilitiesBeverly Hills Park Plan of Management - Landscape Masterplan & Key Strategy
Butler Reserve Raingarden
Kogarah
Design and construction of raingarden/biorentention system within Butler Reserve
$180,000
$90,000
Environmentally Sustainable Pillar-B.1 Environmentally Sustainable PracticeConcept Design, constraints analysis, indicative construction and maintenance budgets all prepared
Clarendon Road Raingarden
Lakemba
Design and construction of raingarden/bioretention system in median strip of existing roadway at the junction of Clarendon Rd and Ogilvy St North
$120,000
$60,000
Environmentally Sustainable Pillar-B.1 Environmentally Sustainable PracticePreliminary costings, siting and viability prepared/confirmed by Water Sensitive Urban Design (WSUD) consultant
Riverwood Park - Playground
Lakemba
Replacement of existing playground with new rubber softfall and shade structure
$120,000
$60,000
Social & Cultural Development Pillar - Section A.5: Recreation & Sporting FacilitiesHighlighted in Parks Asset Management Plan for replacement in future years
Gannons Park Landscape Masterplan
Oatley
Design and construction of the shared cycle/footpath within the upper and lower park
$400,000
$200,000
Social & Cultural Development Pillar - Section A.5: Recreation & Sporting FacilitiesDraft Gannons Park Landscape Masterplan
Council has been informed that it was successful in securing $35,000 for the upgrade of the Children's Playground at Riverwood Park. As outlined above, the total cost of replacing the playground (including the installation of rubber softfall and shade structure) is $120,000.


The difference of $85,000 for the project must be contributed by Council, however all 2012/2013 Infrastructure Plus funds have already been committed by Council. Accordingly, it is proposed that the remainder of the funds be sourced from the 2012/2013 Peakhurst Ward Revenue Works Program which has not yet been allocated by Council.


RESOLUTION - CCL

THAT Council accept the $35,000 grant as part of the 2011 Community Building Partnership to upgrade the children's playground in Riverwood Park.

THAT Council approve that the remaining $85,000 for the project be funded from the 2012/2013 Peakhurst Ward Revenue Works Program.

(Moved Councillor P Sansom / Seconded Councillor J Jacovou)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 2nd May 2012



CCL177-12

CENTRAL PLAZA DEVELOPMENT PROCESS

Report Author/s

Property Asset Manager, Ms A Wilson

File

11/482

Reason for Report

For information

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

Yes



EXECUTIVE SUMMARY

This Report seeks to inform Council of the process required to be undertaken to realise the development of Central Plaza.


AUTHOR RECOMMENDATION

That the report be received and noted.


REPORT DETAIL

BACKGROUND
On 12 April 2012 Council resolved via Minute No.196:

"THAT a report will be sent to Council shortly detailing the progress and further plans for the development of the CBD and Central Plaza".

Since the acquisition in 2009 of the property which will become Central Plaza, Council has undertaken various design investigations and has considered a number of alternative options for the delivery of the site as a Plaza.

CURRENT SITUATION
The site is currently subject to the Draft Local Environmental Plan (Hurstville City Centre) 2011 which has been approved by Council for submission to the Minister. The following course of action is now recommended:

  1. Confirm the zoning and development controls of the area through gazettal of the Draft LEP
  2. Seek Expressions of Interest from the market place for the design and construction of the Plaza
  3. Consider Expressions of Interest and if appropriate, move to a Selective Tender process to determine provider and cost to Council
  4. Develop Concept Plan and undertake a community consultation process
  5. Review Concept Plan based on community input and prepare Development Application
  6. Submit Development Application
  7. Upon DA approval, develop scope of works and apply for Construction Certificate
  8. Call tenders for construction
  9. Commence construction
  10. Take occupation of newly constructed Plaza
  11. Ongoing maintenance commitment.


RESOLUTION - CCL

That the report be received and noted.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 2nd May 2012


CCL178-12

ST GEORGE LEADER LOCAL BUSINESS AWARDS 2012

Report Author/s

Manager Public Relations and Events, Ms T Abraham

File

12/198



EXECUTIVE SUMMARY

Council was invited to support the St George Leader Local Business Awards 2012 being held on Wednesday, 18 July 2012 by becoming a Major Sponsor at a cost of $5,000 (+ GST). The sponsorship deadline was 26 April 2012. As there was no Council meeting before this date, an email was sent to all Councillors seeking support for this proposal. A majority of Councillors supported the proposal via return email.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

The General Manager received the following correspondence inviting Council to support the St George Leader Local Business Awards 2012 on Wednesday, 18 April 2012 by becoming a Major Sponsor at a cost of $5,000 (+ GST):

"We would be grateful if Hurstville City Council would once again give consideration to sponsoring the St George Leader Local Business Awards.

A large number of businesses registered for the program last year and over 17,8000 nominations were received. An impressive 464 guests attended the presentation evening which was extremely well received.

We launch this year’s program on Monday 7 May with our media partner, the St George & Sutherland Shire Leader. The Presentation Evening will take place on Wednesday 18 July.

I have taken the liberty of attaching an Agreement with the relevant details of the 2012 program.

Please use the Awards program to promote Hurstville City Council to the community and we will do whatever we can to assist in this process.

Should you require further information, please not hesitate to contact me.

We look forward to working with Hurstville City Council on this prestigious Awards program in 2012."

The Major sponsorship is for $5,000 (+ GST) and provides for six complimentary tickets. Council has set aside a sum in the Public Relations and Events 2011/12 budget for this sponsorship.

The sponsorship deadline was 26 April 2012. As there was no Council meeting before this date, an email was sent to all Councillors seeking support for this proposal. A majority of Councillors supported the proposal via return email.


RESOLUTION - CCL

THAT the information be received and noted.

(Moved Councillor P Sansom / Seconded Councillor V Badalati)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 2nd May 2012



CCL179-12

APPLICATION FOR WINTER CRICKET AT GIFFORD PARK

Report Author/s

Sport and Recreation Officer, Mrs C Irwin

File

D12/35261

Reason for Report

For approval

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

Sydney Junior Winter Cricket Association is seeking Council's approval to run a 10 week winter cricket competition at Gifford Park.


AUTHOR RECOMMENDATION

THAT permission be granted to the Sydney Junior Winter Cricket Association to conduct a winter cricket competition at Gifford Park for the 2012 Winter Sporting Season.

FURTHER THAT Sydney Junior Winter Cricket Association provide Council with a copy of its public liability insurance with a minimum cover of $10 million.


REPORT DETAIL

An application has been received by the Sydney Junior Winter Cricket Association seeking permission to run a junior winter cricket competition. The booking request is for Sunday afternoons from 12 noon until 4pm at Gifford Park, commencing the first weekend of May 2012.

This application comes outside of the Sports Advisory Committee Meetings approval for seasonal users of Council's sporting fields at its meeting in August 2011.

There are only two regular winter bookings for Gifford Park in 2012, as follows:


This park is not used by St George Soccer Association for training or playing purposes.

As the park has limited use in the Winter Sporting Season, it is recommended that Council grant permission for the Sydney Junior Winter Cricket Association to conduct a winter cricket competition at Gifford Park.


RESOLUTION - CCL

THAT permission be granted to the Sydney Junior Winter Cricket Association to conduct a winter cricket competition at Gifford Park for the 2012 Winter Sporting Season.

FURTHER THAT Sydney Junior Winter Cricket Association provide Council with a copy of its public liability insurance with a minimum cover of $10 million.
(Moved Councillor A Istephan / Seconded Councillor P Sansom)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 2nd May 2012



CCL180-12

QUESTIONS WITH NOTICE

Report Author/s

Manager Corporate Governance & Records, Mrs K Garske

File

09/1229

Reason for Report

For information

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

To update Councillors on the status of Questions With Notice raised at previous Council meetings.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAIL

The Outstanding Questions With Notice report is now submitted as an appendix for the information of Councillors.


RESOLUTION - CCL

THAT the information be received and noted.

(Moved Councillor P Sansom / Seconded Councillor A Istephan)





APPENDIX
Questions With Notice - May 2012.pdf


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Confidential
COUNCIL MEETING
Wednesday, 2nd May 2012

CCL181-12RESULTS OF PIN REVIEW COMMITTEE - MEETING 5 -24 APRIL 2012
Report Author(s)Manager Environmental Services, Mr G Dickens
File11/1584
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedNo



AUTHOR RECOMMENDATION

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. Specifically, the matters to be dealt with pursuant to Section 10A (2) (b) are regarded as being matters concerning the personal hardship or a resident or ratepayer.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.



RESOLUTION - COW

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. Specifically, the matters to be dealt with pursuant to Section 10A (2) (b) are regarded as being matters concerning the personal hardship or a resident or ratepayer.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.

(Moved Councillor P Sansom / Seconded Councillor A Istephan)





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Confidential
COUNCIL MEETING
Wednesday, 2nd May 2012

CCL182-12PROPERTY MATTER - NEW LEASE OVER 319 FOREST RD, HURSTVILLE
Report Author(s)Manager Property Portfolio, Mr D Vedamuthu
File12/923
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedNo



AUTHOR RECOMMENDATION

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. Specifically, the matters to be dealt with pursuant to Section 10A (2) (d) contain commercial information of a confidential nature that would if disclosed reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.



RESOLUTION - COW

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. Specifically, the matters to be dealt with pursuant to Section 10A (2) (d) contain commercial information of a confidential nature that would if disclosed reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.

(Moved Councillor P Sansom / Seconded Councillor A Istephan)





Print
Confidential
COUNCIL MEETING
Wednesday, 2nd May 2012

CCL183-12PROPERTY MATTER - NEW LEASE OVER SUITE 4C, HURSTVILLE HOUSE
Report Author(s)Manager Property Portfolio, Mr D Vedamuthu
File12/924
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedNo



AUTHOR RECOMMENDATION

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A (2) (c) it is considered the matter contains information that would, if disclosed, confer a commercial advantage on a person with whom council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D, it is considered, that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it relates to a proposal where prior knowledge could confer unfair financial advantage on a person and prejudice Council’s ability to secure the optimum outcome for the community.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.



RESOLUTION - COW

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A (2) (c) it is considered the matter contains information that would, if disclosed, confer a commercial advantage on a person with whom council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D, it is considered, that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it relates to a proposal where prior knowledge could confer unfair financial advantage on a person and prejudice Council’s ability to secure the optimum outcome for the community.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.

(Moved Councillor P Sansom / Seconded Councillor A Istephan)





Print
COUNCIL MEETING
Wednesday, 2nd May 2012


QWN018-12

BLUEFIT LEISURE - DIRECT DEBITING MEMBERS FOR BLUEFIT FOUNDATION

Author/s

Councillor A Wagstaff

File

12/896



COUNCILLOR QUESTION

In response to the story "Seeing red over Bluefit" published in the Leader on 3 April 2012, could Council please provide public comment by way of a report being submitted to Council?


OFFICER RESPONSE



Manager Engineering Services

Mrs M Whitehurst
Contrary to what was printed in the Leader, Council was not approached to comment on the article.


The General Manager was not made aware of BlueFit's intentions therefore there was no mention of it in the General Manager's Monthly Update

With regard to the donation to the BlueFit Foundation of $10, please be advised that Council did not approve this fee and it is not in Council's 2011/12 Fees and Charges.



COUNCILLOR BACKGROUND

The Hurstville Aquatic Leisure Centre, which is owned by Council, is currently managed by BlueFit Leisure.

The following story, Seeing red over Bluefit was published in the Leader on 3 April 2012:

“A regular user of Hurstville Aquatic Centre [sic], Leonie Edwards, is still seething over a March 14 email she received from the BlueFit Foundation. BlueFit Leisure operates Hurstville Aquatic Centre [sic] where her son Lincoln has swimming lessons. Lincoln, 8, has cerebral palsy.

Mrs Edwards is angry at the way BlueFit is trying to get a $10 donation from families. Rather than asking them if they would donate $10, it hit members with an email saying: “This money will be direct debited from your account on Tuesday, April 3, 2012.

“If you don’t wish to make this automatic but optional donation, please visit bluefit-foundation.com.au to opt-out.”

“The fact that BlueFit has used my details to get $10 from me has really incensed me,” Mrs Edwards said. “They have a huge hide to send that to people whose children have a disability and who don’t have any spare money. If I had spare money I would give it to the Cerebral Palsy Alliance.”

Mrs Edwards is concerned that many families who don’t read their emails properly would not realise that they were losing $10.

There was no comment from Hurstville Council which is responsible for the centre. The BlueFit Foundation was established as a non-profit organisation to encourage youth involvement in sport for those who may not otherwise have the inspiration, access or funding.”

I note that Council did not provide any comment. Further, I can not find any reference to this matter in the General Manager’s Monthly Update for March 2012, which is dated 5 April 2012.

I also note that BlueFit Health Club’s NEWSLETTER MARCH 2012 http://bluefithealthclub.com.au/newsletter states, “BlueFit Leisure is asking all members to support the BlueFit Foundation by donating $10 annually. This money will be direct debited from your account on Tuesday 3rd April 2012.”



RESPONSE - CCL

THAT the information be received and noted.

(Moved Councillor P Sansom / Seconded Councillor N Liu)





APPENDIX


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COUNCIL MEETING
Wednesday, 2nd May 2012


QWN019-12

DEGREE OF LEGAL ADVICE USED TO ANSWER RESCISSION MOTION QUESTION

Author/s

Councillor W Pickering

File

09/1229



COUNCILLOR QUESTION

To the General Manager Mr. Lampe in reference to the rescission motion submitted for 8 Crofts Avenue, Hurstville was legal advice sought outside Council by yourself in conjunction with answering Councillor's questions on this matter?


OFFICER RESPONSE




COUNCILLOR BACKGROUND

My initial question regarding the rescission motion sent to Mr. Watt on Wednesday 11 April was answered by the General Manager Mr. Lampe via a three way reply to Councillors Perry, Badalati, and myself. On Friday 20 April 2012 10:57am due to the nature of this advice given to Councillors I requested from the General Manager Mr. Lampe that he advise if any legal advice was sought by himself in relation this matter outside of Council ?

Since this time the General Manager has not attempted to answer my question which simply requires a YES or NO

Under the Code of Conduct for Councils in NSW :

* Council must provide Councillors with information sufficient to enable them to carry out their civic functions.

* Members of staff have an obligation to provide full and timely information to Councillors about matters that they are dealing with in accordance with Council procedures.

* Councillors have an obligation to properly examine and understand all the information provided to them relating to mattters that they are dealing with to enable them to make a decision on the matter in accordance with Council procedures.


RESPONSE - CCL

THAT the question be received and noted.

(Moved Councillor P Sansom / Seconded Councillor A Istephan)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 2nd May 2012


QWN020-12

COUNCILLOR FACILITIES AND EXPENSES 2010-2011

Author/s

Councillor A Wagstaff

File

09/1229



COUNCILLOR QUESTION

In response to the following Question With Notice: Could I please be advised the cost of each of the other items not in this list, including but not limited to:
a. Running the Mayoral car
b. Running the Councillor car
c. Legal
d. Catering
e. Charitable events
f. Taxi
g. Hire car

I was provided information only in relation to Cabcharge usage, running the Mayoral and Councillor cars, legal expenses, catering expenses, charitable events and hire car.

I would still like to know the cost of other items not on the list that was provided in the Annual Report 2010-2011 and not provided in the report CCL141-12 QWN011-12 BREAKDOWN OF COST OF COUNCILLOR FACILITIES AND EXPENSES IN 2010-2011.

Accordingly, could I please be advised the cost of the following items:
• Furnished mayoral office
• Furnished councillors’ suite on first storey
• Furnished councillors’ ground floor office
• Secretarial and administrative support
• Stationery, office supplies, postage, business cards and other consumables
• Weekend workshops
• Food and refreshments, including alcohol in the fridges in the Councillors’ suite and Mayoral suite
• Food and refreshments in the Councillors’ ground floor office
• Civic receptions
• Stationery and printing
• Photography
• Mayoral Christmas dinner
• Chinese delegation luncheons and dinners
• Other miscellaneous/sundry


OFFICER RESPONSE




COUNCILLOR BACKGROUND

Prior to the Council meeting held on 21 March 2012, I submitted the following Question with Notice:

I note in Council's Annual Report 2010-2011 the total amount expended during 2010-2011 on the provision of councillor facilities and the payment of councillor expenses was $390,604.50, including the cost of these separate items:
• Provision of dedicated office equipment allocated to councillors* $93,144
• Telephone calls made by councillors (mobile and landline) $27,488
• Attendance of councillors at conferences and seminars $46,511
• Training of councillors and provision of skill development $ 7,741
• Interstate visits by councillors, including transport, accommodation and other out of pocket travelling expenses Nil
• Overseas visits by councillors, including transport, accommodation and other out of pocket travelling expenses Nil
• Expenses of any spouse, partner or other person who accompanied a councillor Nil
• Expenses involved in the provision of care for a child or an immediate family member of a councillor $3,506

* Source 1601.59535


Could I please be advised the cost of each of the other items not in this list, including but not limited to:
a. Running the Mayoral car
b. Running the Councillor car
c. Legal
d. Catering
e. Charitable events
f. Taxi
g. Hire car

In response to my Question With Notice, the following information was provided at the Council Meeting on 4 April 2012:
o In relation to the item (f) Taxi, Council was advised on 2 November 2011 (CCL279-11) of the CabCharge usage for the 2010-2011 term.
o In relation to items (a) and (b) these are allocated to the same cost code and as such are not divisible. The total cost for Motor Vehicle Expenses for 2010-2011 was $5372.76.
o In relation to item (c) Legal, the total cost for the 2010-2011 year was $34,262.
o In relation to item (d) Catering, the total cost for 2010-2011 year was $48,259 including beverages.
o In relation to (e) Charitable events, these are reported and approved by Council. Each report includes the budgetry impact.
o In relation to (g) Hire Car, the single instance was reported on 25 May 2011 (CCL077-11) under the General Manager's reimbursements as the hire costs were paid by the General Manager.


RESPONSE - CCL

THAT the question be received and noted.

(Moved Councillor A Istephan / Seconded Councillor N Liu)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 2nd May 2012


QWN021A-12

UPDATE ON SEWAGE OVERFLOWS INTO LIME KILN BAY WETLANDS

Author/s

Councillor A Wagstaff

File

09/1229



COUNCILLOR QUESTION

Could a report please be submitted to Council providing an update of the sewage overflows into the Lime Kiln Bay wetlands?

There was sewage overflow into the Lime Kiln Bay wetlands on 9 March 2012.
I understand there was another sewage overflow into the Lime Kiln Bay wetlands in the week commencing 16 April 2012.


OFFICER RESPONSE




COUNCILLOR BACKGROUND

Late in the afternoon on 9 March 2012, it is understood a member of the public notified Sydney Water of a sewage overflow into a creek that flowed into the Lime Kiln Bay wetlands.

I understand Council was notified later that night in relation to the matter.

In response to being contacted by a local resident about the overflow, I visited the wetlands on Saturday 10 March and Sunday 11 March. As councillors had not yet been advised formally of the matter, I submitted a Question With Notice in relation to the matter on 13 March 2012 for the Council meeting on 21 March 2012.

A letter from Sydney Water to the General Manager dated 16 March 2012 was posted on our portal on 16 March 2012.

In response to my Question With Notice, a report CCL143-12 QWN007-12 SEWAGE OVERFLOW INTO LIME KILN BAY WETLANDS was published in Council’s business papers for the Council meeting on 4 April 2012.

A fax message dated 5 April 2012 from Sydney Water to Council, which provided updates on the matter as at 12 March, 14 March, 16 March, 19 March and on 5 April, was posted on the Councillors’ Intranet on 10 April 2012.

I understand there was another sewage overflow into Lime Kiln Bay wetlands in the week commencing 19 April 2012.


RESPONSE - CCL

THAT the question be received and noted.

(Moved Councillor P Sansom / Seconded Councillor V Badalati)





APPENDIX