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COUNCIL MEETING

NOTICE OF MEETING
Wednesday, 16th May 2012


Thursday, 10 May 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, 16th 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, 16th May 2012

ITEMS


CCL184-12 PK - 63 ELWIN STREET, PEAKHURST - DEMOLITION OF EXISTING STRUCTURES, CONSTRUCTION OF A DETACHED DUAL OCCUPANCY, FRONT FENCE, SUBDIVISION INTO TWO (2) TORRENS TITLE ALLOTMENTS, AND INGROUND SWIMMING POOL TO DWELLING 1 (11/DA-404)CCL185-12 PK - 30 BONDS ROAD, PEAKHURST - EXTENSION OF HOURS OF OPERATIONS TO APPROVED SERVICE STATION (12/DA-23)CCL186-12 PK - 17 AMY ROAD, PEAKHURST - CONSTRUCT NEW OUTBUILDING (COVERED DECK) TO REAR OF PROPERTY (12/DA-51)CCL187-12 PK - 11 VIEW STREET, PEAKHURST HEIGHTS - ALTERATIONS TO REAR DECK, NEW BBQ, NEW REAR TERRACE WITH CABANA/SHOWER AND SWIMMING POOL (12/DA-68)CCL188-12 PK - 4 TAFFS AVENUE, LUGARNO - SECTION 96 MODIFICATION TO APPROVED ALTERATIONS AND ADDITIONS – RELOCATION OF WINDOWS ON GROUND FLOOR AND FIRST FLOOR, ROOF PITCH ALTERATIONS AND RELOCATION OF POOL TO EASTERN SIDE OF YARD (2011/DA-152REV1)CCL189-12 PK - 35 GUNGAH BAY ROAD, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF NEW DETACHED DUAL OCCUPANCY DEVELOPMENT, SWIMMING POOLS AND TORRENS TITLE SUBDIVISION (11/DA-430)CCL190-12 PK - 46 DOUGLAS HAIG STREET, OATLEY - SECTION 96(1A) APPLICATION TO MODIFY DEVELOPMENT CONSENT NO. 10/DA-388 INVOLVING ALTERATIONS AND ADDITIONS TO THE EXISTING DWELLING INCLUDING RETENTION OF UNAUTHORISED BUILDING WORK TO THE GARAGE (2010/DA-388REV1)CCL191-12 PNS - 108 STONEY CREEK ROAD, BEVERLY HILLS - ADDITIONS TO COMMERCIAL PREMISES – ELEVATED STOREROOM TO REAR (11/DA-156)CCL192-12 PNS - 27 CLARENCE STREET, PENSHURST - DEMOLITION OF THE EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE WITH BASEMENT PARKING AND A SINGLE STOREY CABANA WITH ATTACHED PERGOLA (12/DA-60)CCL193-12 PNS - 30 CARRUTHERS STREET, PENSHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF 2 X 3 BEDROOM ATTACHED DWELLINGS AS SMALL LOT HOUSING AND FRONT FENCE (11/DA-452)CCL194-12 PNS - 2-4 LOADER AVENUE, BEVERLY HILLS - TORRENS TITLE SUBDIVISION OF APPROVED MULTIPLE DWELLINGS (THREE LOTS) (11/DA-283)CCL195-12 HUR - 127 BASSETT STREET, HURSTVILLE - SECTION 96 MODIFICATION TO APPROVED DWELLING – EXTENSION OF BASEMENT (2011/DA-9REV1)CCL196-12 HUR - 54 PONYARA ROAD, BEVERLY HILLS - SECTION 96 MODIFICATION TO APPROVED DWELLING ADDITIONS – INSTALL NEW WINDOWS TO REAR, NEW DOOR IN GARAGE AND INTERNAL ALTERATIONS (2005/DA-561REV2)CCL197-12 MINUTES: COUNCIL MEETING - 02/05/2012 (09/1229)CCL198-12 MINUTES: ABORIGINAL ADVISORY COMMITTEE - 02/04/2012 (09/219)CCL199-12 MINUTES: ACCESS ADVISORY COMMITTEE - 10/04/2012 (09/1220)CCL200-12 MINUTES: TRAFFIC ADVISORY COMMITTEE - 03/05/2012 (09/345)CCL201-12 RETURN OF THANKS (10/31)CCL202-12 CERTIFICATE OF CASH AND INVESTMENTS AS AT 30 APRIL 2012 (12/119)CCL203-12 CONCESSIONAL RENTAL APPLICATIONS 2012-2013 (12/605)CCL204-12 INVITATION - POLE DEPOT MUSICAL NIGHT AT THE GARDENS ON FOREST (12/40)CCL205-12 INVITATION - ST GEORGE DISTRICT POLICE CHARITY BALL (12/40)CCL206-12 ONE ASSOCIATION - DELEGATES FOR VOTING (12/229)CCL207-12 LOCAL GOVERNMENT ASSOCIATION CONFERENCE 2012 (12/1018)CCL208-12 PROPOSED SURRENDER OF LEASE - "PARKVIEW" HURSTVILLE CITY PENSIONERS' BOWLING CLUB, PENSHURST (04/1779-2)CCL209-12 DETERMINATION OF DEVELOPMENT APPLICATIONS AND LEGAL MATTERS BY COUNCIL IN CARETAKER PERIOD (07/1402)CCL210-12 CIVIC OFFICE EXPENSES POLICY REVIEW - 8 SEPTEMBER 2012 (12/287)CCL211-12 JUBILEE PARK CONCEPT PLAN (11/1850)CCL212-12 STATE BUDGET FUNDING FOR CAPITAL WORKS (11/1145)CCL213-12 DRAFT POLICY FOR USE OF PUBLIC SPACES BY FITNESS INSTRUCTORS AND / OR PERSONAL TRAINERS (CD12/12)CCL214-12 POSITIVE AGEING STRATEGY (11/1947)CCL215-12 GEORGES RIVER COMBINED COUNCILS COMMITTEE (GRCCC) HOSTING REQUEST (08/2287)CCL216-12 QWN20-12 - COUNCILLOR FACILITIES AND EXPENSES 2010-2011 (09/1229)CCL217-12 RESPONSES TO QUESTIONS WITH NOTICE (09/1229)CCL218-12 PROPERTY MATTER - NEW LEASE OVER 292-298 FOREST ROAD, HURSTVILLE (C06/3-3)CCL219-12 LEGAL ADVICE - BASSEM JAWAD V HURSTVILLE CC - LAND & ENVIRONMENT COURT PROCEEDINGS 10363 OF 2012 - 15 MACPHERSON STREET, HURSTVILLE (11/DA-285)CCL220A-12 MINUTES: MULTICULTURAL ADVISORY COMMITTEE - 03/04/2012 (09/224)CCL221A-12 MINUTES: COMMUNITY SAFETY COMMITTEE - 17/04/2012 (09/1217)QWN022-12 LINE BY LINE LIST OF ALL EXPENSES BY INDIVIDUAL COUNCILLORS IN 2010-2011 (09/1229)QWN023-12 SEWAGE OVERFLOWS AT CLARKE ST, PEAKHURST AND MYLES DUNPHY RESERVE IN MARCH 2012 (09/1229)QWN024-12 COST TO COUNCIL OF 2011 LGMA NATIONAL CONGRESS & BUSINESS EXPO IN CAIRNS (09/1229)QWN025-12 COST TO COUNCIL OF CONFERENCES ATTENDED BY COUNCILLORS FROM 1 JULY 2010 TO 30 JUNE 2011 (09/1229)QWN026-12 COST TO COUNCIL OF BACKGROUND REPORTS AND STUDIES FOR CITY CENTRE PLANNING REVIEW PROCESS (09/1229)
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COUNCIL MEETING
Wednesday, 16th May 2012

CCL184-12 PK - 63 ELWIN STREET, PEAKHURST - DEMOLITION OF EXISTING STRUCTURES, CONSTRUCTION OF A DETACHED DUAL OCCUPANCY, FRONT FENCE, SUBDIVISION INTO TWO (2) TORRENS TITLE ALLOTMENTS, AND INGROUND SWIMMING POOL TO DWELLING 1


Applicant

Ms Phoebe Mikhiel (nee Ikladios)

Proposal

Demolition of existing structures, construction of a detached dual occupancy, front fence, subdivision into two (2) torrens title allotments, and inground swimming pool to Dwelling 1

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 – Georges River, State Environmental Planning Policy No 1 – Development Standards, 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 3.1 Car Parking, Section 3.2 Subdivision, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On Site Detention (OSD) Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 4.2 Dual Occupancy Housing, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

“Demolish”, Dual occupancy” and “Subdivision of land”

Owner/s

Mr George Magdi Monsour Mikhiel and Ms Phoebe Ikladios

Existing development

Single storey dwelling with detached outbuildings

Cost of development

$810,000.00

Reason for referral to Council

Variations to DCP 1 and SEPP 1 Objection received

Report author/s

Senior Development Assessment Officer, Ms P Bizimis

File No

11/DA-404

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks permission to demolish the existing structures, construct a detached dual occupancy, front fence, subdivide the site into two (2) torrens title allotments, and provide an inground swimming pool to Dwelling 1.

2. The application has been assessed against the requirements of the relevant planning instruments and development control plans and complies except for part of the width of the site which is less than 15m wide, rear setback for a small portion, light wells, and privacy screens to balconies. The applicant has submitted an objection under State Environmental Planning Policy No 1 - Development Standards for the variation to the width and justification for the other non compliances. These issues are discussed in the report.

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


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The application seeks permission for the demolition of existing structures, construction of a detached dual occupancy, front fence, Torrens title subdivision into two (2) lots, and an inground swimming pool to Dwelling 1. Specifically the proposed development will include:

Dwelling 1
On the ground floor this dwelling will have entry area, study, formal lounge, laundry, bathroom, storage areas, kitchen, dining room, theatre room, and family room. A single garage with an open car space adjoining the garage is provided to the front of the site. A courtyard is provided to the rear of the dwelling with access off the dining room and theatre room.

On the first floor this dwelling will have four (4) bedrooms with walk-in-robe and ensuite provided to the master bedroom, bathroom, and communal computer area. A balcony is provided to the front and rear elevations of the dwelling with access off bedrooms 3 and 4 and the master bedroom respectively.

An inground swimming pool will be provided to the rear of the site. The pool will be 8.5m long and 4.5m wide.

Dwelling 2
On the ground floor this dwelling will have entry area, study, formal lounge, laundry, bathroom, storage areas, kitchen, dining room, and family room. A single garage with an open car space adjoining the garage is provided to the front of the site. A courtyard with access off the dining room and family room is provided to the rear of the dwelling.

The first floor is the same as Dwelling 1.

Front Fence
A front fence is proposed with a maximum height of 1.2m and constructed of rendered brick with slats.

Subdivision
The application seeks permission to subdivide the site into two (2) torrens title allotments. The resultant Lot 1 will have a frontage of 12.5m to Elwin Street and a site area of 544sqm and resultant Lot 2 will have a frontage of 11.935m to Elwin Street and a site area of 461sqm.

DESCRIPTION OF THE SITE AND LOCALITY
The subject site is located on the western side of Elwin Street near the end of the street and the corner of Henry Lawson Drive. The subject site has a frontage of 24.435m and a site area of 1005sqm and slopes to the front south east corner of the site. The rear boundary of the site is irregular with part of the rear boundary ending in a point. Existing on the site is a single storey dwelling with detached outbuildings. The site also contains several trees two (2) of which have been approved for removal via applications for tree removal.

Adjoining the site to the north are two (2) lots subdivided in a battleaxe arrangement which contain single storey dwellings each. The access handle to the battleaxe allotment directly adjoins the subject site on the northern (side) boundary. Adjoining the subject site to the south is a single storey dwelling with detached outbuildings. Adjoining this site is the end of the street and the foreshore area of the Salt Pan Creek. To the rear of the subject site is the foreshore area of the Salt Pan Creek. On the opposite side of the street is Harvey Dixon Reserve. The area surrounding the subject site is characterised by one (1) and two (2) storey dwellings and multiple dwelling developments.

COMPLIANCE AND ASSESSMENT

1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLAN
The subject site is zoned 2 - Residential and the proposed development is permissible in the zone with the consent of Council. The proposed development meets the zone objectives. The clauses of the Local Environmental Plan that are relevant to the application are as follows.

Clause 10 – Subdivision generally
Clause 10 states that a person may subdivide land, but only with the consent of Council. The application seeks permission to subdivide the proposed dual occupancy development into two (2) torrens title allotments.

Clause 11A – Dual Occupancies
Clause 11A (2A) states that:

The subject site has a site area of 1005sqm which meets the requirement. The width of the site varies with the width at the street frontage being 24.435m and the least wide part of the site being for part of the rear boundary which comes to a point. The applicant has submitted an objection under State Environmental Planning Policy No 1 – Development Standards which is discussed in the relevant section below.

Clause 14 – Tree preservation orders
Several trees are located on the site, two (2) of which have been approved for removal via applications for tree removal. Of the remaining three (3) trees two (2) are proposed to be removed to accommodate the proposed development. The applicant has submitted an Arboricultural Impact Assessment (prepared by TALC Tree and Landscape Consultants, dated 27 February 2012) which details the condition of the trees. The report concludes that two (2) trees can be removed of the site, one (1) being dead and the other being low in vigour. The third tree is to be retained and protection measures installed during any construction work.

A landscape plan has been submitted with the application. The landscape plan introduces new planting to the site which will improve the existing site conditions.

Clause 15 - Services
Facilities for the supply of water and for the removal or disposal of sewage and drainage are available to the land. The proposed development can drain to the street.

Clause 19B - Foreshore scenic protection area
Clause 19B states:

The subject site is located within the Foreshore Scenic Protection Area. In relation to point (3) above, 1000sqm of site area is required for the proposed dual occupancy development. The subject site has an area of 1005sqm which complies with this requirement.

The proposed development has been assessed against Clause 19B(4)(a)-(d) and the following comments are made:

* The proposed development may be visible from the waterway or foreshore area which is located at the rear of the site. The appearance of the development is acceptable as it will appear as a two (2) storey development, similar to other developments that are visible from the waterway. The building envelope of the development is consistent with that required by Development Control Plan No 1 and therefore acceptable.
* The proposed development does not impact views from adjoining properties and public places to the waterway and adjacent foreshore areas. The foreshore area is located at the rear of the subject site and the adjoining sites. As such the views to the waterway and adjacent foreshore areas will not be impeded by the development.
* The proposed development is unlikely to have an adverse impact on the natural topography, natural rock formations, canopy vegetation of other significant vegetation. The excavation proposed to the site is minimal and for the purposes of levelling the site for the ground floor lab.
* The proposed design of the development and selection of materials are considered to be appropriate.

Clause 22 – Excavation, filling of land
A maximum 600mm of excavation is proposed to the subject site to level it for the ground floor slab. The maximum excavation is limited to one part of the proposed development only, where the study is located adjoining the northern boundary of the site. Both dwellings have been designed as split level to respond to the topography of the site. The proposed excavation is considered to be acceptable and unlikely to have any adverse impacts on the adjoining developments.

Clause 22A – Development on land identified on the Acid Sulfate Soils Planning Map
Part of the subject site is identified as being within class 5 on the Acid Sulfate Soils Planning Map. The scope of works proposed by the development do not require a preliminary assessment to be undertaken.

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

STATE ENVIRONMENTAL PLANNING POLICY NO 1 – DEVELOPMENT STANDARDS (SEPP 1)
The applicant has submitted an Objection under SEPP 1 seeking a variation to the development standard contained in Clause 11A (2A) of the Hurstville Local Environmental Plan in relation to the width of the site. The Hurstville Local Environmental Plan requires a minimum width of 15m for dual occupancy development and the proposed lot will have a width of less than 15m for part of the rear boundary.

The applicant has submitted a statement to support the variation as follows:

Comment: The submission lodged by the applicant is noted. To assess whether the development standard is unnecessary or unreasonable in this case the following tests are applied.

"Test (1) The objectives of the standard are achieved notwithstanding non compliance with the standard;"

Comment: Clause 11A (1) Dual Occupancies states that:

Comment: The relevant objective that applies to the proposed development is (d). It is considered that the proposed development achieves this objective irrespective of the non compliance with the development standard for the following reasons:

* The proposed development will reflect the pattern of subdivision envisaged by the Hurstville Local Environmental Plan. The width of the subject site meets the standard with the exception of part of the rear of the site. The irregular rear boundary does not restrict the site from development. In this instance, the subject site exceeds the minimum requirements of site area and width.
* The variation sought does not compromise the site’s ability to provide landscaped areas as required by Development Control Plan No 1.
* The variation sought does not compromise the proposed development’s compliance with the requirements relating to density and scale. The proposed development achieves these requirements.

"Test (2) The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;"

Comment: It is considered that the underlying objective or purpose of the standard is not relevant in this case as the non compliance relates to part of the rear of the site only. The subject site still achieves the minimum width for the site and in this regard compliance with the standard is unnecessary.

"Test (3) The underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;"

Comment: The underlying objective or purpose of the standard will be defeated or thwarted by compliance with the standard. Compliance with the standard, in this case, is unreasonable as the non compliance relates only to part of the rear boundary of the site. It is considered that the intention of the standard is not to thwart development of the site due to the irregular boundary but to restrict development of sites with a width of less than 15m. Clause 4.2.2.3(a) of the Development Control Plan No 1 states that:
The proposed development meets this requirements and the entire development is located within the 15m width of the site. As such the proposed development is consistent with this clause of Development Control Plan No 1."Test (4) The development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;"

Comment: The development standard has not been abandoned or destroyed by Council’s own action. Council has consistently applied the development standard to applications for dual occupancy development. Notwithstanding this however, the standard is not considered to be appropriate in this instance as the non compliance relates to a small section of the site only. The variation to this standard will not thwart Council’s application of the standard for future dual occupancy developments."Test (5) The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone."

Comment: The subject site is zoned 2 - Residential and the zone of the subject site is considered to be appropriate. It is the standard as it relates to the site width of the subject site that is considered unreasonable and unnecessary in this case due to the existing irregular rear boundary.

"Test (6) Where the grounds of objection are of a general nature and would be applicable to many sites in the locality, approval of the objection may create an adverse planning precedent. Preston CJ noted that there is a public benefit in maintaining planning controls and a SEPP 1 Objection should not be used in an attempt to effect general planning changes throughout the area."

Comment: It is considered that the variation to the development standard is reasonable and necessary in this case only and due to the specific site circumstances of the subject site. As such it is considered that the proposed development will not result in a planning precedent as the particular circumstances that relate to this site do not relate to other sites. As such the SEPP 1 Objection cannot be used as an attempt to effect general planning changes throughout the area.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND
The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated. Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004
A BASIX Certificate has been submitted for each dwelling which meets the target scores.

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environmental Plan 2011
Under the Draft Hurstville Local Environmental Plan the subject site is zoned R2 Residential which has a maximum floor space ratio of 0.6:1 and height of 9m. The proposed development meets the floor space ratio and height requirements of the Draft Hurstville Local Environmental Plan.

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

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

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

Section 3.1 StandardProposedComplies
Car spaces per dwelling2 spaces, 1 in the garage and 1 in front1 in the garage and 1 next to the garageYes
As can be seen from the table above, the proposal complies with Section 3.1.


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

Section 3.4 StandardProposedComplies
FencingAllows natural surveillance to streetFencing proposed is appropriateYes
Blind CornersTo be avoidedNo blind corners evidentYes
Communal AreasProvide opportunities for natural surveillancePrivate open space area is visible from the dining room and kitchen of the dwellings and the first floor bedrooms Yes
EntrancesClearly visible and not confusingEntrance to each dwelling is visibleYes
Site and building Layout-Provide surveillance opportunities
-Building addresses street
-Habitable rooms are directed towards the front of the building
-Garages are not dominant
-Offset windows
-Natural surveillance of the street is available from ground floor windows and first floor windows and balconies
-Habitable rooms are directed towards the front of the dwellings where possible
-Garages are not dominant
-Windows are offset
Yes
Landscaping-Avoid dense medium height shrubs
-Allow spacing for low growing dense vegetation
-Low ground cover or high canopy trees around car-parks and pathways
-Vegetation used as a barrier for unauthorised access
Landscape plan submitted with the application is appropriateYes
Lighting-Diffused/movement sensitive lighting provided externally
-Access/egress points illuminated
-No light-spill towards neighbours
-Hiding places illuminated
-Lighting is energy efficient
These requirements can be conditions of consent Yes
Building Identification-Clearly numbered buildings
-Entrances numbered
-Unit numbers provided at entry
House number requirement can be a condition of consent Yes
SecurityProvide an appropriate level of security for each dwelling and communal areasAppropriate level of security provided for the dwellingsYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipOwnership impliedYes
As can be seen from the table above, the proposal complies with Section 3.4.


DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY
A BASIX Certificate has been submitted with the application. The proposed development meets the target scores required. Shadow diagrams submitted with application show that the proposed development will comply with the solar access requirements relating to overshadowing of the principal private open space area of adjoining developments. The overshadowing however will result in the ground floor windows on the side elevation of the adjoining development between 9am and 3pm on 21 June. The shadow diagrams also show that the shadow from the boundary fence results in similar overshadowing. This is due to the site having an east-west orientation where overshadowing to adjoining developments is inevitable. As the shadow from the fence is similar to that of the proposed development, it is considered that amendments to the development will not result in a lesser impact. The proposal is setback 1.5m from that common side boundary.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 3.7 DRAINAGE AND ON SITE DETENTION (OSD) REQUIREMENTS
The proposed development can drain to the street and appropriate conditions of consent have been included in the recommendation, should consent be granted.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS
A front fence is proposed with a maximum height of 1.2m and constructed of rendered brick with slats. The proposed fence meets the requirements of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 3.9 WASTE MANAGEMENT
A waste management plan has been submitted with the application. Waste facilities can be provided to each dwelling on site in accordance with the requirements of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 4.2 DUAL OCCUPANCY HOUSING

DCP No. 1 Section 4.2 – Dual Occupancy
Standard
Proposal
Complies
Site Area1000sqm1005sqmYes
Minimum Allotment Width 15m24.435m but part of rear boundary comes to a pointNo (1)
Front Setback5.5m5.512mYes
Rear SetbackDwelling 1 = 14-18m




Dwelling 2 = 13-14m
Dwelling 1 ground floor = 15–19m
Dwelling 1 first floor = 19.5-21m

Dwelling 2 ground floor = 12-13m (variation is for northern part only)
Dwelling 2 first floor = 13.3-15.5m
Yes




No (2) for ground floor
Side Setback1.5m1.5mYes
First floor rear setback from ground floor alignment3mDwelling 1= 2.5-3.5m
Dwelling 2 = 1.3-2.7m
No (3)
Light well3m x 1.5m Not providedNo (4)
Garage recess from façade of building300mm>300mmYes
Maximum FSR0.6:10.52:1Yes
Maximum Height to Uppermost ceiling6.8m <6.8mYes
Maximum Roof Ridge Height9m<9mYes
Maximum excavation/fill<600mmMaximum 600mmYes
Maximum Recommended Roof Pitch25-35º16ºAcceptable
Parking1 garage car space + 1 driveway car space1 garage car space + 1 driveway car spaceYes
Subdivision200mm dividing wallNot required as dwellings are detachedN/A
Balconies-Rear first floor balcony to have maximum 2m depth
-Privacy screens 1.8m high
-Maximum depth of balconies is 1.2m
-Privacy screens not provided
Yes

No (5)
Landscaping and Private Open Space-min 40% of rear yard to allow deep soil

-max 20% to be impervious area

-landscape plan to be submitted

-one established tree to be planted in front yard


-private open space to have min 4m x 5m dimensions

-private open space to be accessible from the living room

-front fence to be <1m
-complies


-complies


-landscape plan appropriate

-one established tree to be planted


-complies


-complies


-front fence is appropriate
Yes
Solar design, water and energy efficiencyBASIX certificate to be submittedBASIX certificate submittedYes
Storage6m³ per dwellingMore than 6m³ providedYes
(1) Minimum allotment width

The proposed development does not have a width of 15m for the entire length of the site. This has been discussed previously in the report and a variation to this development standard is supported.

(2) Rear setback and
(3) First floor rear setback from ground floor alignment
The northern part of Dwelling 2 does not comply with the rear ground floor setback requirements of Development Control Plan No 1 and the first floor of the development is not setback 3m from the ground floor alignment as required by Development Control Plan No 1. The applicant has submitted the following justification for the variation:


Comment: The variation to the rear setback and first floor alignment is considered acceptable for the following reasons:

* The non compliance is a result of the irregular rear boundary to the site which results in the development having a depth of between 36.76m and 48.71m. The proposed development has been designed where possible to reflect the irregular rear boundary but it cannot entirely reflect the rear boundary as it would result in the rear elevation of the development having several indents. As such the proposed design is considered to be acceptable, as part of it marginally encroaches and part of it exceeds Council's requirements.
* The variation has no adverse impacts on the amenity of the adjoining development in terms of overlooking and solar access. The rear of the site adjoins the foreshore area of the Georges River and in this regard has no impact to this area.
* The proposed development complies with the floor space ratio and height requirements of Development Control Plan No 1 and in this regard, the reduced rear setback does not compromise the bulk and scale of the development.

(4) Light well
The proposed development has been designed without light wells. This is considered to be acceptable in this instance for the following reason:

* The subject site has a large frontage being 24.435m which allows each dwelling to have a greater width than say, dwellings designed on a site with a 15m frontage. The light well is an important feature of dual occupancies on narrower sites as these dwellings have a common wall and are narrow in width and require the additional solar access from the light well. The proposed dwellings are detached which allows for light penetration on all elevations and as such the light well is not necessary to the dwellings. The dwellings can be likened to single dwelling houses which are not required to have a light well. The dwellings have a 2.5m separation between each other and are setback 1.5m from each side boundary.

(5) Balconies
The proposed first floor balconies do not have privacy screens on the side elevations. The applicant has provided the following justification for this:

Comment: The justification provided by the applicant above is noted and agreed with. The proposed first floor balconies are located off the master bedroom and have a depth of 1.3m which limits their use and function. The location of the balconies in relation to the adjoining developments is such that direct views to adjoining developments are limited. As such the balconies are unlikely to have an adverse impact on the adjoining developments and are acceptable.

Other matters
Section 4.2.2.1 Design Solutions and Controls of Development Control Plan No 1 states:

The applicant has designed the development as a detached dual occupancy and has submitted the following justification for the design:

Comment: It is considered that detached dwellings are more suitable for the site as the site has a 24.435m frontage which can accommodate the two (2) dwellings without a common wall. The dwellings will appear to be single dwellings when constructed which is appropriate for the streetscape which is characterised by detached dwellings.

The design of the development is not compromised by the dwellings being detached. Should the dwellings be attached they would have a large mass across the frontage of the site. The detached dwellings allow for spatial separation between the dwellings which reduced the perceived bulk and scale of the development.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 5.9 SWIMMING POOLS AND SPAS
The proposed swimming pool to Dwelling 1 has been assessed against the requirements of Development Control Plan No 1 and complies except in the side and rear setbacks. Development Control Plan No 1 requires that the pool has a minimum side and rear setback of 1.5m and the proposed swimming pool does not comply with this requirement. In relation to the rear setback the 1.5m setback is not considered to be critical as the subject site adjoins the foreshore area on its rear boundary. In relation to the side setback, a setback of 1.5m should be enforced and this has been provided as a condition of consent, should consent be granted.

4. Impacts

Natural Environment
Three (3) trees are located on the site, two (2) of which are proposed to be removed to accommodate the proposed development. The applicant has submitted an Arboricultural Impact Assessment (prepared by TALC Tree and Landscape Consultants, dated 27 February 2012) which details the condition of the trees. The report concludes that two (2) trees can be removed from the site, one (1) being dead and the other being low in vigour. The third tree is to be retained and protection measures installed during any construction work. A Landscape Plan has been submitted with the application. The landscape plan introduces new planting to the site which will improve the existing site conditions.

Built Environment
The proposed development is unlikely to have an adverse impact on the built environment. The proposed development does not comply with the requirements of the relevant planning instruments and Development Control Plan in relation to the width of the site, rear setback, light wells, and privacy screens to balconies. These variations are supported due the specific site circumstances of the site, in particular the irregular rear boundary, the width of the site, and the location of the site adjoining the foreshore area. The variations do not compromise the bulk and scale of the development and are supported.

Social Impact
The proposed development has no apparent adverse social impact.

Economic Impact
The proposed development has no apparent adverse economic impact.

Suitability of the Site
The subject site has no impediments that preclude it from being development for a dual occupancy development. The variation to the width of the site constitutes a small portion of the site and does not compromise the site’s ability to accommodate a dual occupancy development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResident
Adjoining residents were notified by letter and given fourteen (14) days, to thirteen (13) people, in which to view the plans and submit any comments on the proposal. No submissions were received in reply.

Council Referrals

Manager – Development Advice
The application was referred to Council’s Manager – Development Advice who has raised no objection subject to conditions of consent being attached to any consent granted.

6. CONCLUSION
The application seeks permission for the demolition of existing structures, construction of a detached dual occupancy, front fence, Torrens title subdivision into two (2) lots, and provision of an inground swimming pool to Dwelling 1. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and does not comply in relation to part of the width of the site which is less than 15m wide, rear setback, light wells, and privacy screens to balconies. These variations are supported due the specific site circumstances of the site, in particular the irregular rear boundary, the width of the site, and the location of the site adjoining the foreshore area. The applicant has submitted an objection under State Environmental Planning Policy No 1 - Development Standards to the width of the site which is discussed in the report. Accordingly the application is recommended for approval subject to conditions of consent.

RECOMMENDATION
THAT the Objection pursuant to the provisions of State Environmental Planning Policy No 1 to the development standard relating to site width as identified in clause 11(A)(2A) of the Hurstville Local Environmental Plan, 1994, is considered to be founded and variation to the standard is considered necessary and reasonable in this case.

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-404 for the demolition of existing structures, construction of a detached dual occupancy, front fence, Torrens title subdivision into two (2) lots, and provision of an inground swimming pool to dwelling 1 to Lot 61 DP 9801 and known as 63 Elwin Street, Peakhurst, subject to the attached conditions:1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

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

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

Erection of Signs

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

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

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

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


(i) the name of the owner builder

(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit

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

7. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
PCA Services Fee
DA6
$3,141.13
Construction Certificate Application Fee
CC1
$2,088.48
Construction Certificate Imaging Fee
AP165
$165.83
8. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

9. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.10. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:11. OC8 - Design changes required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.
a. The inground swimming pool is to be setback a minimum of 1.5m from the northern (side) boundary in accordance with the requirements of Section 5.9 Swimming Pools and Spas of Development Control Plan No 1.12. S942 - Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for open space and community recreation facilities. The contribution relates to Plan no. 2 and is based on the criteria that any development which results in a nett increase in the City's population will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The total open space and community recreation facilities contribution required and payable before release of the Construction Certificate is $5,826.00.
13. S943 - Drainage Services within Georges River Catchments - Pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979 payment shall be made to Council of a monetary contribution for the provision of drainage services. The contribution is related to Plan no. 3 and is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on drainage services.14. S944 - Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for community services and facilities. The contribution relates to Plan no. 4 and is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.

The total community services and facilities contribution required and payable before release of the Construction Certificate is $3,129.00.

15. S945 - Management - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for Section 94 planning and management.

The contribution is related to Plan no. 5 and is based on the criteria that the significant costs to Council associated with Section 94 planning and management are a direct measurable consequence of the approved development. Therefore it is appropriate to seek to partly offset these costs from the development.

The total Section 94 Management contribution required and payable before release of the Construction Certificate is $230.27.

16. S946 - Library and Information Services - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for library and information services. The contribution is related to Plan No. 6 and is based on the premise that any development which results in a nett increase in the City's population will create extra demand on Council's library and information services provision. Furthermore, any such development will also generate an additional demand for the acquisition of library book stock.

(a) The contribution rate for residential development is $1,591.00.
The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $1,599.98.

17. S948 - Indexing of all Section 94 Contributions - All contributions payable pursuant to Section 94 conditions must be paid before issue of the Construction Certificate, and will be indexed quarterly in accordance with the Consumer Price Index - Sydney All Groups, published by the Australian Bureau of Statistics. If you seek to obtain a Construction Certificate more than three (3) months from the date of this consent you must contact Council to determine the variation in the contribution(s) before payment. If you engage an accredited certifier payment(s) must be made before issue of the Construction Certificate. Failure to do so can result in problems including incorrect cheque preparation, return of payment, and delay in obtaining your Construction Certificate.

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

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

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

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

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

23. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.24. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.
25. Stormwater - All stormwater from the proposed northern dwelling 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).26. DR11 - Stormwater drainage plans - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.27. DR13 - All stormwater shall drain by gravity to Council's kerb and gutter in Talbot Street.

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

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

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

The Notice of requirements must be submitted with the application for a Construction Certificate.

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

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


or telephone 13 20 92.

30. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.31. The noise level of any air conditioning unit will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning unit if operated outside these hours must not exceed the background ambient noise level.

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

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

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

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


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

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

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

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

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

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

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

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

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

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:

(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).
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. BC5 - Bulk Excavation or Filling Levels - The bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.42. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

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

43. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 44. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure: (b) removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)
(c) all uncontaminated run-off is diverted around cleared or disturbed areas
(d) silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways
(e) all erosion and sediment controls are fully maintained for the duration of demolition/ development works
(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways
(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar
(h) all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters
(i) pumped or overland flows of water are discharged so as not to cause, permit or allow erosion
(j) compliance with the Do it Right on Site brochure requirements publicated by SSROC

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

45. 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.46. DE6 - Demolition is to be undertaken in accordance with the submitted and approved Waste Management Plan in relation to the following:

(a) Method of demolition.

(b) Amount of recyclable material.

(c) Destination of all materials, recyclable and non-recyclable.

47. DE 1
(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.

48. 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.

49. 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.

50. 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.

51. 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.

During the Development52. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

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

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

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:
(a) Setout before commencing excavation.
(b) Floor slabs or foundation wall, before formwork or commencing brickwork.
(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.
(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.
(e) Completion of any 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.

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


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

55. 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. MI4 - The side and rear boundaries of the site must be fenced with either 1800 mm high lapped, capped and stained paling fences or 1800 mm colourbond metal fencing. The type of fence is to be by agreement with the adjoining property owners.57. MI6 - A minimum of 7.5 metres of clothes line is to be provided per unit.

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

59. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.60. 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.

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

62. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.63. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

64. 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.65. LA7 - Protection of Tree Roots - Underground services shall be routed to avoid existing tree root zones. Where trenching for services is unavoidable, any roots larger than 25mm in diameter shall be conserved and services placed below the roots.66. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 67. 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.68. 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.69. 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.70. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

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

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

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

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

75. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 397447S_02 and 397076S_02 dated 6 October 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.76. PV17 – Vehicle Crossings, Kerb/Gutter/Footpath Construction and Restoration – Any existing vehicular crossings which are redundant must be removed, and the kerb (and any footpath) 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.77. Drainage Maintenance - The on-site detention drainage facility shall be maintained at all times in accordance with the approved plans.

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

80. PV7 - Residential parking requirements – Four (4) resident car spaces are to be provided in accordance with the approved plans.

81. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.82. 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).

83. 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 pm84. 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.

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

86. 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.

87. 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.

88. 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.

89. 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.90. 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.
91. SU150 - Three (3) copies of the final plan of subdivision prepared by a Registered Surveyor shall be lodged with Council, together with the original administration sheet(s) plus one (1) copy and any relevant 88B instrument plus one (1) copy.92. SU151 - The Dual Occupancy shall be built and completed in accordance with the Conditions of Development Consent No. 11/DA-404 before release of the signed subdivision plans from Council.

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

94. SU153 - All Section 94 Contributions and any other outstanding fees as per Conditions of Development Consent No.11/DA-404 shall be paid prior to the release of the linen plan of subdivision.

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

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

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

96. SU155 - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

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

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

97. SU156 - A separate letterbox for each dwelling shall be erected and metal rivet-on type numbers installed to each letterbox. These numbers are to be no. 63 for the northern dwelling and no. 63A for the southern dwelling.

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

"No dwellings, including the landscaping and paving of each site shall be erected upon the lots burdened unless constructed, completed and maintained in conformity with the conditions of Development Consent No. 11/DA-404 as approved by Hurstville City Council or in conformity with the conditions of any future Development Consent approved under Council's Dual Occupancy Codes and Requirements."

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

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

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


100. 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.

101. If you are not satisfied with this determination, you may:
102. 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.

103. 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.

104. 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.105. 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 131318.106. 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.107. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.108. 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.

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

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

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

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

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

114. If you need more information, please contact Senior Development Assessment Officer Paula Bizimis on 9330-6284 during normal office hours.


RESOLUSION - CCL

THAT the SEPP 1 Objection be supported.
THAT the application be approved in accordance with the conditions detailed in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)





APPENDIX
Elevations & Sections - 63 Elwin St Peakhurst.PDFMap of 63 Elwin St Peakhurst.PNG


Print

COUNCIL MEETING
Wednesday, 16th May 2012

CCL185-12 PK - 30 BONDS ROAD, PEAKHURST - EXTENSION OF HOURS OF OPERATIONS TO APPROVED SERVICE STATION


Applicant

Milestone (Aust) Pty Ltd

Proposal

Extension of hours of operations to approved service station from 5.00am to 12 midnight, 7 days per week

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, Greater Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 33 - Hazardous and Offensive Development, State Environmental Planning Policy No 55 -Remediation of Land, Draft State Environmental Planning Policy (Competition) 2010, Development Control Plan No 1 - LGA Wide – Section 2.2 Neighbour Notification, Section 3.4 Crime Prevention Through Environmental Design, Section 5.1 Extended Trading Hours

Hurstville Local Environmental Plan 1994 interpretation of use

Service Station

Owner/s

Convenience Properties (Operations) Pty Ltd

Existing development

Seven-Eleven Service station and convenience store

Cost of development

Nil

Reason for referral to Council

Two submissions received and variation to DCP 1

Report author/s

Development Assessment Officer, Mr R Guirguis

File No

12/DA-23

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval to extend the existing hours of operation of an approved service station to begin from 5.00am and to operate until 12 midnight, seven (7) days per week. The existing hours are 6.00am to 9.00pm.

2. The existing and approved use of the site as a service station within the current residential zone is a lawful use as listed under Hurstville Local Environmental Plan 1994, Schedule 3 (Development of Land For Certain Additional Purposes).

3. The approved hours of operations have been determined by the Land and Environment Court in 1988 (Appeal No 10459, Esso Australia Limited v Hurstville Municipal Council).

4. The subject proposal is considered satisfactory to the provisions of Hurstville Local Environmental Plan 1994, however a departure from Development Control Plan No 1 is sought concerning the hours commencing at 5.00am in lieu of 6.00am.

5. The development proposal was notified in accordance with the provisions of Development Control Plan No 1, and two (2) submissions were received in response.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The application seeks approval to extend the existing hours of operation of an approved service station to begin from 5.00am and to operate until 12 midnight, seven (7) days per week.

The existing use as a service station within the current residential zone is a lawful use as listed under Hurstville Local Environmental Plan 1994, Schedule 3 (Development of Land For Certain Additional Purposes).

The approved hours of operations being from 6.00am to 9.00pm, were determined by the Land and Environment Court in an Appeal relating to Development Application No. 397 dated in 1988, Condition 7 (Appeal No. 10459, Esso Australia Limited v Hurstville Municipal Council).

The applicant provided a noise impact statement in support of the proposal prepared by “Marshall Day Acoustics” dated 18 January 2012. This requires the construction of a three (3) sided acoustic barrier around the existing roof mounted condensing unit and the relocation of an existing ice machine from the northern boundary of the site to west of the existing convenience store onsite.

BACKGROUND
10 Nov 1981 Council granted consent to alterations to the service station involving the construction of a new canopy (BA1006/81) where Condition 1 of the consent limited the hours of operation to 6.00am to 9.00pm.

4 Nov 1987 Council refused a development application for a proposed extension to the service station (DA No 397/87).

2 Dec 1988 The applicant appealed Council's refusal for the extension of the service station in the NSW Land and Environment Court (Appeal No 10459, Esso Australia Limited v Hurstville Municipal Council) and was successful.

1 Jun 2011 Council granted consent to Development Application (No 11/DA-10) for the alterations and addition to the existing service station including signage and conversion of existing workshop to retail premise.

30 Jan 2012 Subject application lodged.

7 Feb 2012 Subject application was notified for a period of fourteen (14) days ending 21 February 2012 and two (2) submissions were received in response.

DESCRIPTION OF THE SITE AND LOCALITY
The site is a triangular shaped site with dual frontages to Bonds Road and Romilly Street with respective dimensions of 76.4m and 81.3m and an area of 2,084sqm. The site is located on the western side of Bonds Road and occupying the point of intersection of Bonds Road and Romilly Street. Existing on the site is a single storey masonry building comprising of retail shop and located along the northern portion of the site. The petrol pumps and overhead canopy is centrally located on site. Access is gained to the site via two (2) by two (2) way driveway crossings via Romilly Street to the west and Bonds Road to the east.

A check of Council's records has revealed no complaints have been lodged in relation to this business.

Adjoining the site to the northern boundary is two (2) single storey dwelling houses with opposing frontages to Bonds Road and Romilly Street. The area is generally residential in character.

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN
The land is zoned 2 - Residential under Hurstville Local Environmental Plan 1994 whereby a service station use is prohibited within a residential zone however, Clause 26 of Hurstville Local Environmental Plan “Development of Land For Certain Additional Purposes” in this case applies where it permits the use of the site as a “petrol station with mechanical workshop and convenience store" under Schedule 3 of Hurstville Local Environmental Plan on the subject site. As such, the proposal is permissible with Council consent.

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 existing use including the disposal of stormwater is consistent with Council’s requirements for the disposal of stormwater in the catchment.

STATE ENVIRONMENTAL PLANNING POLICY NO 33 – HAZARDOUS AND OFFENSIVE DEVELOPMENT
The existing service station is considered to be a “potentially hazardous industry” however the proposed development does not seek the intensification of the service station facilities but rather an extension to its operating hours which is not defined to be a hazardous or offensive development. Further, no excavation is proposed as part of these works. In this regard, the requirements of the SEPP do not apply.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND
The proposed use seeks to retain the existing primary use of the site being a ‘service station’ and does not seek any excavation therefore limiting any potential of spreading any contamination if any, on the subject site. The proposal seeks the ongoing use of the site as a service station therefore further application of the SEPP does not apply to the proposal.

2. Draft Environmental Planning Instruments

DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010
The proposal adequately satisfies the objectives and intent of the Draft State Environmental Planning Policy.

DRAFT HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2011
Service station use is prohibited under the provisions of the Draft Hurstville Local Environmental Plan 2011 within the R2 Low density residential zone.

The Draft Hurstville Local Environmental Plan 2011 defines the existing use as follows:

Clause 2.5 of the Draft Hurstville Local Environmental Plan 2011 states:
In this regard, the subject site is not listed under Schedule 1 – Additional Permitted Uses. Notwithstanding, the use of the subject site as a service station’s exclusion from Schedule 1 (as requested by Department of Planning) and prohibition within the R2 zone, it remains a lawful use with existing use rights.

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 or certain.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
The proposed works are considered to adequately satisfy the objectives regarding; fencing, blind corners, entrances, site and building layout, landscaping, lighting, building identification, security and ownership of this subsection. In addition, the proposal is not considered to present adverse social impact by extending the approved hours of operations rather provide a service which would allow extended time of surveillance by activating the streets frontages.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.1 EXTENDED TRADING HOURS
Council's Development Control Plan states:-
The application seeks to depart from the above control by proposing the hours of operations to be from 5.00am to 12 midnight daily thus opening one (1) hour earlier in the morning. In support of this request the applicant submits:

In this regard, the justification is considered reasonable particularly as the subject site only adjoins two (2) residential properties from the rear and occupies the entire intersection point of Romilly Street and Bonds Road hence the level of noise generated by the proposal is not envisaged to be of any detriment to its surrounding area following the adoption of the proposed mitigation measures.

In addition, the proposal is not considered to greatly intensify the use of the site as such rather allow a local business to adjust to the demand of the community whilst maintaining financial viability, and having no impact on the immediate area or adjoining premises. As such, the variation sought is considered to be satisfactory in terms of Council's Development Control Plan requirements and unlikely to produce any adverse impact.

4. Impacts

Natural Environment
There would be minimal impacts inflicted on the natural environment as a result of the proposal, none of which are considered to be detrimental to its locality as precautionary noise mitigation measures will be undertaken as part of the proposal.

Built Environment
There would be no additional impacts inflicted on the built environment as a result of the proposal which only seeks an extension to trading hours.

Social Impact
The proposal is not considered to pose any adverse social impact

Economic Impact
The proposal is considered to contribute positively to the local economy by helping small businesses to sustain their services and financial viability within the locality

Suitability of the Site
The site is well established, does not contain any factors that would preclude it from accommodating the proposed extended hours of operation and is considered suitable for the proposed development

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
A total of thirty six (36) adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. There were two (2) submissions received in relation to the proposed development.

Noise
The objector expresses concerns relating to the proposed starting time of 5.00am being too early for the noise that may be generated by the moving of bins and opening of security gates and suggests that 6.00am is more appropriate.

Comment: The starting time of 5.00am is considered crucial to the successful operation of the business as most customers would be aiming to beat the morning traffic heading to work.

There are no security gates on the premises apart from the door to the actual convenience store and all garbage bins are located permanently outside the premise on-site. The proposed extended hours of operation would not change the existing arrangement and times of when the garbage is being collected.

In addition, the application is proposing the adoption of the noise mitigation measures as recommended within the noise impact statement submitted prepared by “Marshall Day Acoustics” dated 18 January 2012 that suggest the construction of a three (3) sided acoustic barrier around the existing roof mounted condensing unit and the relocation of an existing ice machine from the northern boundary of the site to west of the existing convenience store on-site, ie away from the adjoining residential premises.

In this regard, the proposal in its current form is considered satisfactory and given mitigation measures may reduce any noise impact on neighbours.

Privacy
Apart from expressing that privacy and overlooking is an issue of concern, the submission received was not specific in regard to what aspect of the development would result in loss of privacy.

Comment: There are no privacy concerns identified in the proposal, as the subject site is already established and the existing built form is not proposed to be altered in anyway apart from relocating an existing ice machine to west of the convenience store which would not enable any of its users to overlook into the adjoining properties.

Traffic generation
The submission outlines the concern that the proposal would generate more traffic.

Comment: As previously mentioned, the proposed extended hours of operations are not considered to intensify the business use as such but rather it is aimed at providing an service for customers.

Council Referrals
There were no referrals required for this application

6. CONCLUSION
The application has been assessed against the requirements of the relevant planning instruments and is considered satisfactory to the objectives of the zone 2 - Residential given that it only adjoins two (2) properties from the rear of the site whereby the subject site occupies the entire intersection of Romilly Street and Bonds Road.

The application seeks a variation to the provisions of Development Control Plan No 1 to operate the existing lawful use of a service station outside Council’s extended trading hours being normally 6.00am to 12 midnight by an additional hour being from 5.00am to 12 midnight daily. he proposal includes some precautionary noise mitigating measures which were recommended within the noise impact statement submitted prepared by “Marshall Day Acoustics” dated 18 January 2012.

In addition, the proposal is not considered to intensify the use of the site as such rather allow a local business to adjust to the demand of the community whilst maintaining financial viability.

As such, the variation sought is considered to be satisfactory in terms of Council's Development Control Plan requirements, result in minimal impact on the locality and therefore this application 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-23 for the extension of hours of operations to approved service station from 5.00am to 12 midnight, 7 days per week on Lot 1 DP 717342 and known as 30 Bonds Road, Peakhurst, 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. 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.


4. The following must be submitted to Council before an Occupation Certificate is issued:



5. WA9 - Arrangements must be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Principal Certifying Authority. The collection times must not occur prior to 6.00am daily.6. PV2 - Loading and Unloading - The loading and unloading of all vehicles, goods, materials, and containers in relation to the shops/commercial use is to take place in the loading bay (zone) only. All car park spaces reserved for the loading bay (zone) are to be clearly signposted at all times.7. All noise mitigation measures recommended within the noise impact statement submitted prepared by “Marshall Day Acoustics” dated 18 January 2012 must be fulfilled and documentary evidence and certifications must be submitted to the principle Certifying Authority.
8. The approved use being conducted only between the hours of 5.00am and 12 midnight, Monday to Sunday and Public Holidays.9. The relocation of the ice machine to west of the convenience store must not result in the loss of an existing parking space.

10. The building/unit shall be occupied solely for the approved use. No separate occupation or use of any part of the unit is permissible without prior Council approval.

11. 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.

12. 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.13. 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 1997.14. MI8 - Signs or advertising structures must not be erected without prior approval of Council. All signs and advertising structures must comply with Council's "Code for the Erection of Advertisements".

15. ZC2 - Only signage that is exempt under Council's Development Control Plan or has consent from Council may be affixed to the building. All signage must comply with Council's Development Control Plan. In particular:

(a) window signs should be on the inside of the glass and must not cover more than one half of the window.
(b) if a language other than English is used on the sign, there must be an accurate English translation in lettering of at least the same size.
(c) signs should look professional (not handwritten) and must be securely fastened.
(d) signs, posters or notices must not be glued to any part of the exterior of the building.

16. ZC4 - If security shutters are installed at vehicular entry/exit point(s), only open grille/trellis style screens may be used. Opaque or solid roller shutters are prohibited. Security shutters are not permitted on fire exits. This condition does not apply to individual garage areas.

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

18. 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.

19. 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.

20. ZC11 - Any operation of the business between the hours of 12.00am and 5am requires a separate Development Consent.

21. 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.

22. 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.


23. 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.

24. If you are not satisfied with this determination, you may:
25. 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.26. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours.


RESOLUSION - CCL

THAT the application be approved in accordance with the conditions included in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)





APPENDIX
Appendix B - Proposed Site and Roof Plan, 7-Eleven Riverwood - 30 Bonds Road Peakhurst.PDF

Company extract - owner - 30 Bonds Road Peakhurst.pdfCompany extract - applicant - 30 Bonds Road Peakhurst.pdf
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COUNCIL MEETING
Wednesday, 16th May 2012

CCL186-12 PK - 17 AMY ROAD, PEAKHURST - CONSTRUCT NEW OUTBUILDING (COVERED DECK) TO REAR OF PROPERTY


Applicant

Michael Miknic

Proposal

Construct new outbuilding (covered deck) to rear of property

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan, 1994, Draft Hurstville Local Environmental Plan 2011, State Environmental Planning Policy No 55 – Remediation of Land, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Development Control Plan No 1, - LGA Wide - Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings

Hurstville Local Environmental Plan 1994 interpretation of use

Ancillary use to a ‘Dwelling House’

Owner/s

Stephen and Judith Moenting

Existing development

Single storey dwelling house and outbuildings

Cost of development

$ 22,000.00

Reason for referral to Council

Height and area of outbuildings to be determined by Council

Report author/s

Development Assessment Officer, Mr K Kim

File No

12/DA-51

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks approval for the construction of a new outbuilding (covered deck) to the rear of the subject site.

2. The covered deck as proposed exceeds the maximum preferred ceiling height of 3m from the existing ground level, and the area of the total outbuildings on the site exceeds 80sqm.

3. No submissions were received and a letter of support was received in relation to the increased height and size of the proposed outbuilding from the immediate adjoining neighbour.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The proposal seeks approval for the construction of a new covered deck to the rear of the subject site. In detail the proposed deck involves a covered timber deck on the western side of the rear yard. The deck has an area of 42.64sqm and has a pitched roof with a maximum ceiling height of 3.68m from the existing ground level, when measured at the lowest point of the existing ground level.

The deck is elevated from the existing ground level with a maximum height of 700mm and has a setback of 500m from the western side boundary (closest boundary).

A full ceiling height privacy screen is proposed on the western side of the deck with a 2m return end on the southern end of the deck. Additional privacy screening has been provided on the western side of the deck with new planting.

Initially it was proposed to collect the roof water from the new deck into a new 900L above ground rainwater tank and to discharge the over flow from the tank to the existing absorption pit in the rear yard. Whilst not specifically detailed on the plans, the applicant has confirmed to change the drainage method to include a charged drainage system to Council’s gutter in lieu of the rainwater tank/on-site detention system as initially proposed. This has been conditioned accordingly.

No other changes have been proposed to the existing dwelling and landscaped areas on the site.

DESCRIPTION OF THE SITE AND LOCALITY
The site is located at 17 Amy Road Peakhurst (Lot B DP 344460). The site is located on the southern side of Amy Road and has a total site area of 740.5sqm. The site falls from the northern side/front of the site to the southern side/rear of the site by approximately 2.5m. There is a fall of approximately 1.5m from the street gutter to the southern most alignment of the proposed deck at the lowest point.

Existing on the site is a single storey dwelling house, detached gym and barbeque area in the rear yard and a detached garage/carport with a long driveway along the eastern side of the site.

There is an existing sewer line running across the rear yard, which appears to be located under the southern/rear portion of the proposed deck. A standard condition has been included in this report to require Sydney Water’s approval for the works in the vicinity of the sewer line and the details to be submitted at Construction Certificate.

Adjoining the site on the western and southern boundaries are single storey dwelling houses and a villa and townhouse development to the east of the site. The area is generally residential in character and a mix of low and medium density developments.

COMPLIANCE AND ASSESSMENT
The proposal has been inspected and assessed against the relevant provisions under Section 79C(1) of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN
The land is zoned 2 – Residential. The proposed ancillary use to a ‘Dwelling House’ is a permissible use in the zone.

Clause 14 – Tree Preservation Orders
The existing garden bed on the western side of the proposed deck will be retained with this application. As such there is no significant vegetation onsite proposed to be removed and the proposal is considered satisfactory to the provisions of this clause.

Clause 15 – Services
The collected roof water from the proposed timber deck is to be discharged to Council’s street gutter via a charged system with the drainage conditions attached to the recommendation.

Therefore the proposal is considered acceptable and is consistent with this clause of Hurstville Local Environmental Plan 1994.

Clause 22 – Excavation, filling of land
The proposed excavation (for new footings) is considered to have no detrimental impact on the existing drainage patterns and soil stability in the locality and/or the likely future use or redevelopment of the land, subject to the conditions attached to the recommendation.

Therefore the proposal is consistent with this clause of Hurstville Local Environmental Plan 1994.

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

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

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

2. Draft Environmental Planning Instruments

DRAFT HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2011
The proposal is consistent with the requirements of the draft Hurstville Local Environmental Plan 2011, specifically by 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.

3. Development Control Plans

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

Single Dwelling House ControlsStandardProposedComplies
Site Area-740.5sqm
Yes
4.1.3.1 – Maximum Floor AreaSite area
Greater than 630sqm, less or equal to 1,000sqm

Max. GFA = 379.65sqm
Existing GFA (including detached outbuilding) = less than 210sqm

Proposal = No changes to the existing GFA. The proposed deck is not fully enclosed with privacy screens or walls and hence does not add to the overall GFA.
Yes
4.1.3.2 – Landscaping and Open Space Areas





Principal Private Open Space




Deep Soil Landscaping
Landscaped Area –
Site area (excluding driveway/concession) = 688.6sqm
Min. 40% of the total site area = 275.44sqm

* Min. 30sqm

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

* Min. 20% of the total site area
= 137.72sqm (Min. soil depth of 0.9m and Min. width of 2m)

* Site width >12m: Front yard deep soil area =
Min. 15sqm
Landscaped area = 330.71sqm






Principal private open space = more than 80sqm
Dimensions = 5.4m x 15m
Yes


Deep soil landscaping =
194.58sqm




Front yard = 101.1sqm
Yes





Yes

Yes
Yes


Yes





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


DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS
The extent to which the proposed covered deck complies with the outbuilding controls is outlined in the table below.

(1) Size of outbuildings

Approval is sought for the overall area of the outbuildings on the site, exceeding 80sqm with the following justification provided for the size:

"The total sum of the areas of the existing dwelling and outbuildings on the site is less than the maximum allowable floor space by Development Control Plan No 1, even if the total area of outbuildings are considered (assuming all outbuildings are enclosed) and included in the gross floor area calculations. As such the proposed development of the site is well short of its maximum possible potential."

In addition to the above reason, the proposal on its merit is considered acceptable and is recommended to be supported on the following basis:

* The proposal fully complies and exceeds the minimum landscaped areas and deep soil landscaping required by Development Control Plan No 1.

* The proposal retains the useable private open space within the rear yard.

* As the proposal complies with all other requirements of Development Control Plan No 1, it would be unreasonable to refuse this application on the size of the outbuildings alone, as it would restrict the development potential of the site.

* The proposal is single storey and has no detrimental impacts on adjoining premises.

* Also a letter of support was received in relation to the size of the proposed outbuilding from the immediate adjoining neighbour.

(2) Maximum preferred height for outbuildings
As noted in the table above, the proposed deck has a maximum height of 3.68m from the existing ground level, mainly due to its floor construction on piers.

The Development Control Plan states that Council may consider variations to the maximum preferred height for outbuildings, if there are valid reasons for the increased height. On merit, the increased height of the covered deck is supported on the following basis:

* The proposed deck is to be located on the downward slope of the site, where it experiences considerable stormwater runoff and hence the raised deck platform will minimise the drainage impact of stormwater runoff. It should also be noted that the existing sewer line is located underneath the southern portion of the deck and hence the raised deck platform will provide height clearance for the sewer line.

* The proposed deck provides sufficient privacy screening with a full ceiling height privacy screen on the western side with a 2m return end on the southern side, and privacy screen planting on the western side of the deck. As such no overlooking is envisaged from the raised deck.

* The proposed deck is unlikely to have any adverse impact to its adjoining properties, through visual, noise, overshadowing or privacy impacts, due to its orientation and setting to the surrounding developments (ie the proposed deck adjoins the neighbour’s driveway to the west and is screened by the existing garage to the east). Also a letter of support was received in relation to the increased height of the proposed outbuilding.

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

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

Natural Environment
The proposal is satisfactory to the natural environment, as no trees are to be removed. In addition, a sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts.

Built Environment
The proposed deck is not visible from the street and hence it has no impact on the streetscape of the area.

Size of outbuildings
Although the overall area of the outbuildings exceeds 80sqm, the proposal will not result in an overdevelopment of the site by complying with the landscaping and floor space requirements of Development Control Plan No 1. The size of the outbuildings is supported for the reasons stated in this report.

Height of the proposed outbuilding
The increase height for the proposed deck does not result in any adverse visual, noise, privacy impacts or overshadowing on the adjoining properties. The height of the proposed covered deck is supported for the reasons stated in this report.

Privacy
In respect to visual privacy, the proposed deck provides sufficient privacy screening with a mix of privacy screens and planting.

As such the proposal is unlikely to have any adverse impact on the built environment.

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

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

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

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Adjoining residents were notified by nine (9) letters and given fourteen (14) days in which to view the plans and submit any comments on the proposal. A letter of support was received in relation to the height and size of the proposed outbuilding.

In addition, no internal or external referrals were required for this application.

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

The increased height of the proposed deck is considered reasonable as it does not pose any adverse impacts.

The size of the outbuildings is supported for the reasons stated in this report.

Accordingly the application is recommended for approval subject to conditions of consent.

RECOMMENDATION
THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 12/DA-51 to construct new outbuilding (covered deck) to rear of property on Lot B, DP 344460 and known as 17 Amy Road, Peakhurst, 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
01
6 Sep 11
Site Plan, Floor Plan and ElevationsAkitex
02
6 Sep 11
Section AAkitex
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.
(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.

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
$545.65
Construction Certificate Application Fee
CC1
$404.24
Construction Certificate Imaging Fee
AP165
$66.95
9. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.10. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.11. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.
12. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer 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) structural steel

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

15. DR1 - Stormwater System - Roof water from the proposed deck shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed charged system.
16. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.

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

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

20. 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.21. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.22. 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.
23. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

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


or telephone 13 20 92.24. 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. 25. 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).26. 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.

27. 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 the following applicable stage of construction:(a) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

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

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. 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.

30. MI32 - The proposed deck must not be enclosed without the prior written consent of Council.31. 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.32. 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.

33. 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.

34. 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.
35. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

36. 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:

37. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.38. MI20 - The proposed deck shall not be adapted or occupied as a separate dwelling.

39. 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.
40. 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.

41. 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.)

42. 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.

43. 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.

44. 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.45. 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.

46. If you need more information, please contact Development Assessment Officer Kevin Kim on 9330-6263 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 Deputy Mayor, Councillor C Hindi)





APPENDIX
REDACT Architectural Plans - 17 Amy Road, Peakhurst.PDFDAC photo - 17 Amy Road Peakhurst - West.JPGDAC photo - 17 Amy Road Peakhurst - Back yard.JPGDAC photo - 17 Amy Road Peakhurst - front.JPGLocation map - 17 Amy Road Peakhurst.DOC


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COUNCIL MEETING
Wednesday, 16th May 2012

CCL187-12 PK - 11 VIEW STREET, PEAKHURST HEIGHTS - ALTERATIONS TO REAR DECK, NEW BBQ, NEW REAR TERRACE WITH CABANA/SHOWER AND SWIMMING POOL


Applicant

Ariel and Belinda Gallo

Proposal

Alterations to rear deck, new BBQ, new rear terrace with cabana/shower and swimming pool

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 4.1 Single Dwelling Controls, Section 4.6 Outbuildings, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Ancillary to dwelling house

Owner/s

Ariel and Belinda Gallo

Existing development

Split-level two storey dwelling and front carport

Cost of development

$45,000.00

Reason for referral to Council

Variations to DCP 1

Report author/s

Development Assessment Officer, Mr I Kokotovic

File No

12/DA-68

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for alterations to the rear deck, new BBQ, new rear terrace with cabana/shower and swimming pool.

2. The proposed work would significantly improve the usability of the sloping rear yard, while altering the appearance of part of the existing rear yard. As a building solution, it provides a compatible design with an adjacent property, and is not inconsistent with the desired future character of the foreshore. The proposed development is not excessive, does not impact negatively on surrounding premises, and uses the prevailing levels in the rear yard in achieving the design.

3. The proposal does not comply with three (3) controls in Council’s relevant Development Control Plan. The proposal is consistent with the applicable development objectives.

4. No objections to this proposal have been received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The proposal seeks approval for alterations to the rear deck, new BBQ, new rear terrace with cabana/shower and swimming pool, consisting of:

Deck: The existing deck (19.8sqm) is attached to the rear of the dwelling at the internal dwelling ground floor level, and currently has a stair which steps down to the upper rear yard, oriented towards the west (side boundary).

The proposed alterations would reduce the size of the deck (to 14sqm) and retain the existing level, but would provide a sweeping stair along the west and south sides so that access to the upper rear yard is expanded. A glass balustrade is also proposed along the eastern side of the deck. This deck is situated in the centre of the site.

BBQ: A brick BBQ structure (9.6sqm) with roof over is proposed in the upper rear yard on an existing patio, with a brick wall on the boundary to act as a fence.


Terrace: A terrace in the rear yard is proposed between two (2) significant rock shelf formations which severely burden the site, and effectively segment the rear yard into three (3) distinct ground levels.

Swimming Pool: The large pool (45sqm) is proposed at the level of the terrace and within its overall floor area. As such the coping of the pool is proposed excavated into the soil and rock at the higher end (north) of the yard, and is proposed above the level of the existing finished ground level at the lower end (south). The eastern side boundary adjacent to the pool currently has a 3m high masonry wall which divides both adjacent premises rear yards.

Cabana: The cabana and shower are proposed at the level of the terrace and within its overall floor area adjoining the western boundary. As such the coping of the pool is proposed excavated into the soil and rock at the higher end (north) of the yard, and is proposed above the level of the existing finished ground level at the lower end (south) due to the significant fall of the site, approximately 4.5m.

Along the western boundary is proposed a brick wall which makes up an element of the cabana, matching the roof shape to a maximum height of 4.6m above the adjacent natural ground level. The cabana roof is pitched sloping into the subject premises and is supported by two (2) timber posts. Overall the floor size of the cabana is proposed at 16sqm.

A shower is proposed on the terrace which at that point is setback 1m from the western boundary at a floor height of 1.76m above the adjacent natural ground level. The shower is shown only as a singular pole/free standing shower, rather than a structure.

BACKGROUND
11/4/2011 Previous proposal lodged - 11/DA-115.

18/7/2011 Application 11/DA-115 refused through DAC DEL process. This new application has reduced impact by lowering heights above NGL and reducing the size of the terrace.

06/3/2012 Current application 12/DA-68 lodged.

DESCRIPTION OF SITE AND LOCALITY
The subject property is an irregular shaped allotment with an average width of 16.3m and an overall site area of 760sqm. The site is north facing and is on the south side of View Street.

The site is severely affected by three (3) significant rock formations/shelves, with a fall of 15m from the front boundary to rear.

The dwelling is adjoined to the west by a single storey dwelling and to the east by a split-level two (2) storey dwelling with inground swimming pool. Adjoining the site to the south is the foreshore with Boggywell Creek.

Existing on-site is a split-level two (2) storey brick dwelling and a front carport.

This area is characterised by a mix of low density 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 14 – Tree Preservation Orders
No trees affected by this order are directly impacted on by this proposal, and none are proposed to be removed. As such the proposed development will not impact on;

(a) soil stability and will not contribute to land degradation,
(b) scenic or environmental amenity, and
(c) vegetation systems and natural wildlife habitats.

A neighbouring premises tree is close to the area of the proposed BBQ wall, but is protected by standard conditions of consent preventing any damage to the tree. Further, the wall structure is considered minor in scope of works and unlikely to impact (through footing excavation) on the health of the tree.

A tree on the subject premises (in the lower yard area) is not impacted upon by the deck and is protected by standard conditions of consent preventing any damage to the tree. Further, it is setback 1.75m. Given the distance and no excavation around the base of the tree, any adverse impact to the health of the tree is considered unlikely.

Clause 15 – Services
The issue of stormwater does not just relate to the terrace, but includes the stormwater from the dwelling too. A condition is recommended that all stormwater be collected and discharged to Council's reserve at the rear.

Clause 19A – Development In Foreshore Areas
The proposed development provides a design which is consistent with the guidelines. Following is an assessment of this.

Comment: The terrace design would be consistent in level with the existing ground and rock formation along the eastern side and matches the ground level along the western side. In order to lower the terrace level and reduce its visual impact, significant excavation is proposed. Further, vegetation screening of the exposed pool wall has been proposed to reduce its visual impact. Any exposed element/walls of the swimming pool are to be conditioned on any consent to be screened, and can be designed as proposed with a material finish which is visually comparable with the surrounding rock and soil formation. As such it is considered that the proposal has appropriately addressed and considered the appearance of the development from the waterway and adjacent foreshore.

Comment: As a proposal which requires a significant amount of excavation and piering to achieve a large and single level terrace adjacent to a waterway, only through strict conditioning of any consent could proper on-site management during any rock excavation and excess soil removal be ensured. The proposed terrace is expected to increase stormwater runoff, and this would cause siltation of the waterway if not treated correctly. A condition of any consent will be added to require such standards.

Comment: The proposal would not impact adversely on surrounding uses and is significantly setback from the creek to not impact upon its habitats. However, as a proposal which encroaches within 1.75m of a significant tree, only through strict conditioning of any consent could proper protection of the tree be ensured. The tree is protected under the Tree Preservation Order and is intrinsic to the flora and fauna habitats in the locality. The proposed terrace is designed to avoid impacting on the health and stability of the tree.

Comment: The proposed terrace would alter existing drainage patterns by creating one (1) level of impervious catchment of over 180sqm and effectively by-passing natural flows. Despite this, the destination of any stormwater remains as existing to the creek, with the proposal showing a collection point (grate drain) along the southern edge of the terrace to mitigate runoff impact off the terrace. A condition of any consent will require appropriate discharge and treatment of the stormwater captured.

Comment: The proposal meets this guideline by not affecting the use of any open space areas.

Comment: The proposal meets this guideline by not affecting any heritage item.

Comment: The proposal seeks to overcome the difficult natural topography on-site by partly excavating into it and building over it. Some natural rock outcrop excavation is proposed in relation to the swimming pool, but the terrace is designed to avoid three significant trees.

Although not fully integrating with the natural topography, the proposal uses the existing retained rear yard to provide an elevated pool and deck which matches the level of the pool on the neighbouring premises. Further, the large undeveloped part of the site beyond the proposed deck (and adjacent to Council’s reserve and creek) is proposed to remain as is, undeveloped, and to retain all its existing vegetation and natural topographic formations.

It is considered the proposal provides a building solution which overcomes the existing site constraints while not excessively altering the amenity and aesthetic of the locality, rather matching that of the neighbouring premises.

Clause 19B – Foreshore Scenic Protection Area
Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following.

Comment: The terrace design would be consistent in level by using the existing ground and rock formation and would appear to not extend excessively above it, with pier structural elements limited in height above the rock below. The subject swimming pool, terrace and cabana will be only partially viewable from the Boggywell Creek waterway (due to overgrown bushland) and from the opposite foreshore which is undeveloped bushland. The swimming pool and terrace is designed in such a way as to match the adjacent premises pool and terrace, and to allow effective screening of its exposed out of ground wall.

Comment: The proposal does not have potential to impact on any views from adjoining properties as it is to be constructed by matching closely the existing finished ground level.

Comment: The proposed excavation is not considered to pose any detrimental environmental impact. The proposal is not considered to have any detrimental impact on the natural topography, canopy vegetation, or any other significant vegetation, as no significant trees are to be removed, and the existing yard where the development is to take place has previously been excavated/filled and retained, and as such is not the natural topography.

Comment: The proposal will retain landscaped open space on the site. The proposed design and construction materials are considered compatible and consistent with the specific swimming pool and associated screening and landscaping design is proposed to reduce any impact on the local community.

Clause 22 – Excavation, filling of land
The proposal seeks to excavate part of the rear yard and a rock formation to achieve a terrace floor and swimming pool coping level. As the excavation seeks to provide a level partly in ground and partly above ground, it is considered an appropriate solution which matches the natural ground level, and is not excessive. No fill is proposed.

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, after conditioning of any consent.

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 is consistent with the zone objectives and permissible uses as expressed in the Draft Hurstville Local Environmental Plan.

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.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 4.1 SINGLE DWELLING HOUSE
The proposed development complies with the Single Dwelling House Controls, by not altering the dwelling and by only affecting the landscape requirement calculations, yet still complying.

Single Dwelling ControlsStandardExistingProposalComplies
Landscaped Open SpaceMin 45% site cover (341.87sqm)
Min.25% deep soil (189.93sqm)
75.96% (577.1sqm)
61.59% (467.87sqm)
72.57% (551.5sqm)
35.83% (272.27sqm)
Yes
Yes
As can be seen from the table above, the proposal complies with Section 4.1.


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

Terrace and DeckStandardProposalComplies
Location and Height
(attached terrace)
If more than 1m in height, setback off the boundary2.32m at highest and nil setback at closest pointNo (1)
(1) Location and Height

Council’s Development Control Plan control requires that a terrace or deck may extend to a boundary providing the structure does not exceed 1m in height. This proposal seeks to extend a new terrace at a consistent floor level along the boundary with a side setback of 0mm, with a maximum height above natural ground of 2.32m (along the eastern boundary), and 1.6m (along the western boundary).

The intent of the control is to maintain general neighbourhood amenity for neighbouring premises through the provision of access to sunlight, ventilation and any views, maintaining a spatial buffer to avoid privacy issues. The control is also aligned with the fire separation requirements under the Building Code of Australia if the structure is attached to a dwelling.

In conjunction with guidelines for development in foreshore areas, the non compliance is not considered excessive and is a reasonable building solution when considering that:

* it uses the existing ground levels, and does not dominate by avoiding building over the natural rock shelf and gully formations. The terrace is stepped back from the steeply sloping part of the site and the terrace edge is matched to the same ground contour, in attaining this.
* it retains the site’s natural aesthetic features (rock outcrop and significant trees) and the three (3) level rear yard. Further, excavation at the high side allows a lower overall level for the pool coping and associated terrace.
* along the eastern boundary, the terrace level is 130mm lower than the neighbour’s pool and deck level directly opposite. As such, no adverse impact to this neighbour is likely.
* along the western boundary, the majority of the terrace/cabana does not exceed 1m in height above the ground as it is excavated into the ground at the high end. The non compliance is considered reasonable as the amount of excavation (1.58m depth) matches the 1.6m height above the ground at the low end. This has been achieved by having the terrace follow the natural rock shelf as much as possible.
* it does not impact upon any adjacent premises access to sunlight and ventilation, or impacting upon privacy, its impacts on views from the foreshore and waterway are proposed to be mitigated.

The proposed terrace is a large area, but through excavation and the use of a suspended terrace, it provides an appropriate and practical design solution which integrates the proposed swimming pool and cabana, similar to the existing finished yard level, while avoiding excessive excavation for the swimming pool.

CabanaStandard
Proposal
Complies
SizeSize < 55sqm16sqm
Yes
Setback (side and rear)Can extend to boundary (brick)
500mm (non-brick)
0mm - brick wall
Yes
Height Maximum (recommended)3m (NGL to ceiling)4m
No (2)
(2) Height

Council’s relevant Development Control Plan control regarding height of outbuilding is a suggested maximum and is used principally as a guideline more so than a limiter, with its main objectives being to minimise visual impact and to maintain the amenity of adjoining premises.

In this case the cabana height from deck level to ceiling level is only 2.4m and easily complies with the control. However, taking into account its positioning on the raised part of the terrace, the height is considerably increased to a maximum of 4m from natural ground level at the worst point.

The applicant provides justifications for the non compliant height which reflect an understanding of the objectives of the height control. In conjunction with guidelines for development in foreshore areas, this non compliance is not considered excessive and is a reasonable building solution when considering that;

* as the terrace is excavated at its high end, the cabana height easily complies at this point by being 820mm above the natural ground level. For 50% of its width, the cabana complies with the recommended 3m height to ceiling and only extends beyond this where the existing ground level slopes severely.

* it does not impact upon adjacent premises access to sunlight, ventilation and views, by being lower in level than the western property main yard. Neither does it have a significant visual impact from the adjacent waterway, being mostly obstructed from that view by existing natural vegetation.

BBQStandardProposal
Complies
SizeSize < 55sqm9.6sqm
Yes
Setback (side and rear)Can extend to boundary (brick)
500mm (non-brick)
0mm - brick wall
Yes
Height Maximum 3m (NGL to ceiling)2.7m
Yes
As can be seen from the table above, the BBQ area complies with Section 4.6.


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

Swimming Pools and SpasStandardProposalComplies
Pool SitingInground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possible930mm (NW) below ngl
70mm (NE) above ngl
1.71m (SW) above ngl
1.97m (SE) above ngl
Yes
Yes
No (1)
No (1)
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary-1.8m from eastern (side) boundary
-10m from rear boundary
-10m from western (side boundary)
Yes

Yes

Yes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing-1.5m from western pool fence
-1.2m from southern pool fence
-1.8m from eastern (side) boundary
-2.1m from northern pool fence
Yes

Yes


Yes

Yes
FillingFilling of land between pool and property boundary is not permittedNo filling proposed Yes (suspended deck over natural ground surrounding the swimming pool)
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursPool located adjacent to existing large masonry side boundary wall and opposing neighbour swimming pool area / equipment not shown
Yes - Equipment conditioned to comply
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 Swimming Pool Safety and provisions in DCP 1Option A
(no direct access from any building)
Yes
Design and construction of fencing-Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing, and

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

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

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

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

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

Development Control Plan No 1 – LGA Wide – Section 5.9 Swimming Pools and Spas requires a pool to be located such that, on steeply sloping sites the out of ground element of the pool is no higher than 1m provided the exposed wall face is treated to minimise visual impact. Effectively, the control requires significant excavation at one (1) end of the pool to restrict the height at the exposed end.

The subject site is considered to not be the standard residential allotment and is burdened by a severe slope to the rear, which is exacerbated by a rock cliff/shelf. The pool is proposed with excavation into the side of a rock outcrop and soil at the high end, while having an exposed wall at the low end.

It is the recommendation that this non compliance be accepted in this proposal for the following reasons;

* The site is not a standard residential allotment (as previously stated) and does not have a consistent slope, rather being affected by a rock outcrop and a rock shelf. This impacts on the proposal in three (3) ways and in both cases it is considered reasonable as follows –


4. Impacts

Natural Environment
It is considered the proposal will retain the most significant natural environment on-site, while greatly improving the usability and amenity of the residents in being able to enjoy the natural aesthetic and open character of the site and surrounding locality and foreshore.

It is considered the application has taken into account likely impacts of the proposed design, in particular by not requiring the removal of any significant trees on-site. In attempting to integrate the development with the natural environment, a lower terrace level has been provided through excavation and vegetation screening has been proposed. It is considered that within reason, the design is not excessive and meets Council’s foreshore scenic protection guidelines, particularly given the site constraints.

No significant trees are proposed to be removed and will be protected through conditions of any consent, and the stormwater drainage facilities will be condition to comply with Council’s guidelines, on any consent. The proposed development is unlikely to have any ongoing adverse impact of flora and fauna.

Built Environment
The proposed development is an appropriate on-site building solution, which attempts to integrate and use the on-site natural features, to retain the natural aesthetic of the locality. The development is in scale and character with the adjacent eastern premises.

The design of the terrace is not considered excessive despite the severe slope on-site. The design meets the objectives underpinning the foreshore scenic protection guidelines by avoiding the development of the natural bushland onsite (130sqm) adjacent Council’s reserve and waterway, and instead developing up the slope on a previously retained part of the property.

The site has no heritage concerns.

Privacy
No objections were submitted in relation to concerns of privacy/overlooking from the proposed terrace into any immediate adjacent rear yard, and any impacts would be considered negligible.

Although the proposal is raised above the natural ground level, views to the west are of the foreshore vegetation only. The useable private open space of the western adjoining neighbour is higher than that of the proposed terrace and is located further up the allotment closer to the dwelling.

The proposed terrace level matches the finished yard/pool level of the premises to the east and a 3m high masonry wall currently blocks any possible views between the properties.

Overshadowing
Due to the proposed cabana wall at a maximum height of 4.6m adjacent to western premises ground level, it might be expected that overshadowing impact could be of concern to the adjacent premises. However, the location context of the proposal shows that overshadowing could only occur in the morning over that part of the yard which is overgrown with vegetation and given the slope and rock formations is otherwise inaccessible. Any impacts would be considered negligible.

Social Impact
The proposed works are a residential recreational solution, which are in keeping with the likely future use of the site. Despite the non compliances the design is appropriate in addresses the site constraints and attempting to integrate this with the natural elements of the site.

Economic Impact
As the proposal is for residential purposes, no adverse economic impact is foreseen.

Suitability of the Site
It is considered that the allotment provides a suitable area in terms of the allotment size, shape, orientation and topography for the proposed development. Despite the severe slope and rock formation restrictions, the proposal addresses the mitigating of any impacts its design yields. The site is not bushfire, flood, acid sulfate affected, nor contaminated.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Four (4) letters were sent to adjoining residents and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received.

Council Referrals

Development Engineer

This condition is included in the recommendation, should Council approve the application.

6. CONCLUSION
The application is for alterations to the rear deck, new BBQ, new rear terrace with cabana/shower and swimming pool. It does not comply in full with Development Control Plan No 1 but meets the objectives of the controls. The application complies with the provisions of the relevant Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

RECOMMENDATION
THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council approves Development Application 12/DA-68 for alterations to the rear deck, new BBQ, new rear terrace with cabana/shower and swimming pool on Lot 20 DP 225452 and known as 11 View 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 No.
Plan Date
Description
Prepared By
A 1131/2 B
Feb 11 (received
6 Mar 12)
Outdoor PlanAbrecon Designs
A 1131/1 B
Feb 2011 (received
6 Mar 12)
Site PlanAbrecon Designs
A 1131/3 B
Feb 2011 (received
6 Mar 12)
East Elevation and Pool SectionAbrecon Designs
A 1131/4 B
Feb 2011 (received
6 Mar 12)
East/South/North ElevationsAbrecon Designs
A 1131/5 B
Feb 2011 (received
6 Mar 12)
South Elevation and Pool SectionAbrecon Designs
A 1131/6 B
Feb 2011 (received
6 Mar 12)
West Elevation Abrecon Designs
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 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.(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.
7. 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 a Home Building (Private) Insurance Certificate.(c) Fees to be paid to Council:
PCA Services Fee
DA6
$778.49
Construction Certificate Application Fee
CC1
$564.49
Construction Certificate Imaging Fee
AP165
$66.95
8. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

9. OC8 - Design Information Required - The following design information is required and is to be incorporated into the plans to be lodged with the Construction Certificate application.10. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.11. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

12. 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) A Soil and Water Management Plan detailing all sedimentation controls.

13. 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 structural elements as required by the building design, including; (a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) swimming pool design
(g) retaining walls
(h) stabilizing works

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

(a) The Swimming Pools Act 1992 & Regulation 2008;
(b) Australian Standard 1926.1-2007 - Swimming Pool Safety;
(c) Council's Development Control; and
(d) Protection of the Environment Operations Act 1997.

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

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

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

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

18. 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.19. 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.20. DR1 - Stormwater System - All stormwater captured on the existing dwelling and the approved terrace, shall drain by gravity in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).
21. 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) Dilapidation Reports on the adjoining property 9 View Street, prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the dwelling at this address 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.

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

(c) 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.

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

22. All pool and shower waste water must be discharged to the sewer to the satisfaction of Council and Sydney Water.

23. TRG3 – Landscape Plan

A detailed landscape plan will be submitted with the Construction Certificate Application. This plan will illustrate in concept form the proposed vegetation/plant screening as shown on the approved east elevation/section. The plan will show a planting schedule which reflects vegetation (species native to the locality), grown to a minimum height of 2m along the entire southern end of the terrace. The plants will be massed so as to mitigate the appearance of the terrace and exposed pool wall from Council’s reserve and the waterway.

A planting list is available on Council’s website in the document, “Local Species for Sandstone Soils”.


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.31. 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).

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

33. LA7 - Protection of Tree Roots - Underground services shall be routed to avoid existing tree root zones. Where trenching for services is unavoidable, any roots larger than 25mm in diameter shall be conserved and services placed below the roots.

34. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the two significant existing trees in the lower yard, to be retained.

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

35. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:
Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

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

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

(a) Setout before commencing excavation.

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

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

(e) Completion of 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 setback from boundaries.

(g) Completion of all Work

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

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


A Penalty Infringement Notice may be issued for failure to comply with this condition.38. SP2 - Filling with Water - No water must be placed in the pool until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.39. No consent is expressed or implied for any structures along the western boundary, south of the cabana wall. Any balustrades and screens must be incorporated into the terrace edge design. 40. All structure footings must be constructed wholly within the subject premises boundaries and must not overhang any property boundary.

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

44. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.
45. 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:
46. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.47. 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).

48. 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 pm49. 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.

50. SP7 - Cover - Install a pool cover or similar product, to reduce evaporation of water in the swimming pool.

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

52. 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.

53. 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.

54. 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.55. 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.

56. MI32 - The carport and BBQ must not be enclosed without the prior written consent of Council.
57. 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.

58. 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.)

59. 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.

60. 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.

61. 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.62. 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.63. 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.

in 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.

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


RESOLUSION - CCL

THAT the application be approved in accordance with the conditions included in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX
Elevation plan - 11 View Street Peakhurst.PDFLocation Plan - 11 View Street, Peakhurst Heights - 12 DA-68.GIFOutdoor plan - 11 View Street Peakhurst.PDFSite plan - 11 View Street Peakhurst.PDF


Print

COUNCIL MEETING
Wednesday, 16th May 2012

CCL188-12 PK - 4 TAFFS AVENUE, LUGARNO - SECTION 96 MODIFICATION TO APPROVED ALTERATIONS AND ADDITIONS – RELOCATION OF WINDOWS ON GROUND FLOOR AND FIRST FLOOR, ROOF PITCH ALTERATIONS AND RELOCATION OF POOL TO EASTERN SIDE OF YARD


Applicant

Paul Khoury

Proposal

Section 96 Modification to approved alterations and additions – relocation of windows on ground floor and first floor, roof pitch alterations and relocation of pool to eastern side of yard

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, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, 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 OSD requirements, Section 3.9 Waste Management, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Paul Peter Khoury and Sonia Barbara Khoury

Existing development

Single storey dwelling house

Cost of development

N/A

Reason for referral to Council

Two objections received and unauthorised work

Report author/s

Manager - Building Control, Mr M Alexander and Development Assessment Officer, Mr M Raymundo

File No

2011/DA-152REV1

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks modification of development Consent 11/DA-152 under the provisions under Section 96(1A) Modification to approved alterations and additions – relocation of windows on ground floor and first floor, roof pitch alterations and relocation of pool to eastern side of yard. The applicant has since advised in writing that the pool relocation is not to form part of this application.

2. The proposal has been assessed against the applicable controls and fully complies with the applicable controls.

3. The application was notified in accordance with Development Control Plan No 1 – LGA Wide, in response two (2) objections were received.

4. Council’s site inspection identified the proposed works have been undertaken as unauthorised works.

5. The application was deferred from the Council meeting of 4 April 2012 for further consideration. A site inspection revealed the majority of works pertaining to the application already completed. A Notice of Intention to Serve an Order for the unauthorised works was issued on 6 February 2012. Further enforcement action will be taken, pending the decision of Council.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

BACKGROUND
The application was deferred from the Council meeting of 4 April 2012 for further consideration. A site inspection revealed the majority of works pertaining to the application already completed. Works carried out in the rear yard involving site levelling are subject to a separate Order. A Notice of Intention to Serve an Order for the unauthorised works was issued on 6 February 2012. Further enforcement action will be taken, pending the decision of Council.

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

"DESCRIPTION OF THE PROPOSAL

The proposal seeks modification to development consent (11/DA-152).

The Section 96(1A) Modification seeks the following changes to the approval as follows;

* Change in roof pitch along ground and first floor,
* Internal configuration;

* Relocation of windows,
* Relocation of swimming pool from southern rear property to eastern side boundary, filter and wall. However, the applicant has since advised in writing that the pool relocation is not to form part of this application.

Unauthorised Works

The following unauthorised works were identified during Council's site inspection.

* Roof pitch
* External window changes.

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot U in DP 28839 and is known as 4 Taffs Avenue, Lugarno. The site forms a rectangular shaped block and is dimensioned as follows, 16.16m along the northern front boundary, 36.05m along the eastern side boundary, 16.37m along the southern rear boundary, and 33.4m along the western side boundary with a total area of 560.9sqm. The site slopes from west to east with a maximum fall of about 1.89m. The site contains a detached dwelling centrally located on site. A greenhouse is located to the rear of the site and a masonry front fence straddles the front boundary. Vehicular access is granted via a driveway along the north eastern boundary.

Council’s site inspection indicates that construction of the dwelling has occurred however it was noted that unauthorised works were identified regarding the dwelling.

The surrounding area is of a residential nature with the immediate vicinity comprises of single and two (2) storey dwellings of varying architectural styles and designs. A remnant retaining wall is located on the eastern neighbouring property along the north east boundary. This matter has been the subject of discussions with the applicant and adjoining neighbour and is yet to be resolved.

COMPLIANCE AND ASSESSMENT

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

Section 96(1A) Modifications involving minimal environmental impact a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

Comment: The proposed works are considered to be of minimal environmental impact as the proposal works comply in full and do not generate any unacceptable material environmental impacts.

Comment: Council is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted for as the original proposal sought development consent for alterations and additions to an existing dwelling, new front fence and new swimming pool to rear (swimmining pool not part of this application).

Comment: The application was notified in accordance with Development Control Plan No 1 – LGA Wide.

Comment: Two (2) submissions were received and have been addressed accordingly within the report.

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

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994

The 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 any trees.

Clause 15 – Services

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land. Stormwater is to discharge (roof water to discharge via gravity) to the street gutter via drainage conditions attached to the recommendation of this report.

Clause 22 – Excavation, filling of land

The proposal makes no change to the excavation filling of land.

Clause 19B – Foreshore Scenic Protection Area

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

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 - GEORGES RIVER CATCHMENT

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

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

The proposal adequately satisfies the provisions under SEPP BASIX 2004 and Clause 97A of the Regulations 2000 (as amended). A BASIX Certificate has been provided with the application therefore adequately satisfying the requirements of the SEPP.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND

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

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environmental Plan 2011

The proposal has been considered against the objectives within the Draft Hurstville Local Environmental Plan 2011.

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 proposal does not seek any changes to the approved car parking arrangement whereby two (2) car spaces are provided. In this regard, the proposal is considered to adequately satisfy the intent of this subsection.

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

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

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

The proposal has provided an amended concept stormwater draining plan which is considered to be satisfactory. 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 4.1 SINGLE DWELLING HOUSES

The proposal has been assessed against the requirements of Section 4.1 of Council’s Development Control Plan No 1 – LGA Wide as shown below.As can be seen from the table above, the proposal complies with Section 4.1. The proposed changes to the dwelling relate to the proposed first floor new pitched roof from an approved flat roof which ranges from 8.5m (maximum) on the eastern side and lowers to 7.8m (minimum) on the western side of which are well under Council’s 9m high maximum building height control. The ground floor roof located along the eastern side seeks to be changed from a gable roof to a flat roof whereby no issues are raised. The proposal sought internal changes which do not result in unacceptable consequence. The new proposed bedroom windows along the first floor rear southern and eastern side elevations do not result in any unacceptable impacts and are considered to be that of a low habitable use. The ground floor windows along the western side elevation do not result in any unacceptable material impact. The proposal is considered to adequately satisfy the intent of the controls and does not result in any unacceptable material planning impacts.


4. Impacts

Natural Environment

It is considered that the proposal will have no adverse impact upon the natural environment, subject to the conditions included in this report. A sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts. Stormwater is adequately drained to the street.

Built Environment

The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments. This is achieved by the full compliance with the requirements of Council’s planning controls. Accordingly, it is unlikely that the proposal will have an adverse material impact on the built environment.

Economic Impacts

The proposal is for residential purposes and will not result in any unacceptable economic impacts.

Social impacts

The proposal will not result in any unacceptable social impacts.

Site Suitability

The proposed works are considered suitable for the subject site as the proposal complies in full with the applicable controls.

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) objections were received raising the following concerns.

Unauthorised works

Concerns have been raised regarding that the proposed works were already constructed.

Comment: Council’s site inspection in December 2011 indicated that the proposed roof pitch at the time was under construction. The unauthorised works were referred to Council’s Development Compliance Officer for comment whereby a Penalty Infringement Notice was issued and sought the removal of all unauthorised works. Subsequent Council's Planning inspections indicated that the proposed works to the dwelling regarding window changes were complete. No works for the pool have occurred.

Drainage impacts regarding gutters and new pitched roof

Concerns have been raised regarding drainage impacts in relation to the new pitched roof. Concerns were raised regarding that the downpipes were not shown on the proposed elevations and that gutter did not appear wide enough for any rush of water.

Comment: In relation to the above concern downpipes are indicated on Construction Certificate plans and are not required for the purposes for elevations for development applications. The proposal has provided a revised stormwater plan which seeks to drain to the street.

Carport

Concerns were raised regarding the approved carport. Concerns were raised regarding the use of this carport as a garage as the proposal sought the rear wall and door at the rear of the carport.

Comment: The proposal has not sought any changes to the approved carport as part of this Section 96 Modification. In this regard, no additional concerns are raised.

Relocation of swimming pool and requirements of Pool Safety Act 1992 (as amended)

Comment: The applicant has advised that the relocation of the pool no longer forms part of this s.96 Modification Application, hence this concern is no longer valid.

Impact of drainage from pool

Comment: The applicant has advised that the relocation of the pool no longer forms part of this s.96 Modification Application, hence this concern is no longer valid. The original proposal was adequately conditioned in relation to drainage impacts and pool waste water is to be discharged to the sewer according to the requirement of Sydney Water. No adverse drainage impacts are generated by the proposed pool which is considered not to adversely affect drainage or result in soil disturbance of the site.

Retaining wall integration

Concerns have been raised regarding wall integration which straddles the subject site and the neighbouring property to the east.

Comment: In relation to the retaining wall Council previously addressed this issue within the original development application as follows;


Council Referrals

Development Compliance Officer

The unauthorised works were referred to Council’s Development Compliance Officer for comment. A Penalty Infringement Notice was issued on 6 February 2012 which sought the removal of the unauthorised building works. This subsequent Section 96 modification was lodged with Council.

A full assessment of the proposal has been undertaken as if the works had not been constructed. It is considered that the proposed works fully comply with Council’s controls and hence is recommended for approval. The applicant has been fined for the unauthorised works.

6. CONCLUSION

The proposed works have been assessed under the provisions under Section 96(1A) under the Environmental Planning and Assessment Act 1979 (as amended). The proposal is recommended for approval for the reasons contained within the report. Though the proposed works have been carried out without development consent Council had previously issued a Penalty Infringement Notice for such works. The proposed works are considered to comply in full with Council’s requirements and are not considered to generate any unduly or unacceptable material planning impacts subject to conditions of consent.

RECOMMENDATION

Pursuant to the provisions of Section 96(1A) of the Environmental Planning and Assessment Act, as amended, development consent 06/DA-261 granted on 26 August 2011 for development consent for alterations and additions to dwelling on Lot U in DP 28839 on land known as 4 Taffs Avenue, Lugarno subject to the attached conditions. The conditions amended as part of this Section 96 application are in bold and are noted as Rev 01.1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This modification to original Development Consent No. 11/DA-152 endorsed 26 August 2011 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
Dwgs. D01 – D06 Rev D
4 10 11
Architectural Plans REV01Draft Smart Pty Ltd
-
Received
8 May 11
Material Sample Board
-
A115300_02
14 Nov 11
BASIX Certificate REV01
-
-
Received
8 May 11
Waste Management Plan
-
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.

3A. The proposed relocation of the pool, as shown on the Rev01 Plans, is to be deleted as no approval is expressed or implied for the relocation of the pool as part of this modification application. (Amended as part of Rev 01)

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:
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:(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 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

19. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.20. 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.21. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

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

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

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

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

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

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

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


or telephone 13 20 92.

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

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

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

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

33. TRG3 – Landscape Plan

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

· north point (true solar north)
· scale (show ratio and bar scale)
· date, plan number, amendment number
· finished surface levels, embankments and grades (indicate extent of cut and fill)
· existing trees to be retained or removed
· proposed planting schedule (indicate species, location, massing and mature height - native plants are generally required)
· proposed surface treatments and restoration (eg turf, paving, bank stabilisation, mounds, etc)
· proposed fences and retaining walls (indicate height and material)
· erosion and sediment control measures
· maintenance program
34. 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.35. BC1 - Construction Certificate - No work shall commence until you:

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

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

40. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 41. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

before the commencement of work (and until issue of the Occupation Certificate).42. 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.43. 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.

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

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

(a) Set out before commencing excavation.

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

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

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

(e) Completion of any 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.

45. 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.

46. 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.47. 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).

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

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

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

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

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

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

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

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

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

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

63. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A115300_02 dated 14 November 2011, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

(Amended as part of Rev 01)

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

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

65. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.66. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.67. MI20 - The outbuilding shall not be adapted or occupied as a separate dwelling.

68. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.69. 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 the original consent was endorsed, ie 26 August 2011, except as qualified by Section 93 of the Act.
79. If you are not satisfied with this determination, you may:

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.

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



RESOLUSION - CCL

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





APPENDIX
Elevation plan - S96 REV1- 4 Taffs Avenue Lugarno.PDFLocality Map 4 Taffs Avenue Lugarno.PNGSite analysis site & sediment control concept drainage plan - S96 REV1- 4 Taffs Avenue Lugarno.PDF


Print

COUNCIL MEETING
Wednesday, 16th May 2012

CCL189-12 PK - 35 GUNGAH BAY ROAD, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF NEW DETACHED DUAL OCCUPANCY DEVELOPMENT, SWIMMING POOLS AND TORRENS TITLE SUBDIVISION


Applicant

Ultra Design and Engineering Pty Ltd

Proposal

Demolition of existing dwelling and construction of new detached dual occupancy development, swimming pools and Torrens Title subdivision

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, 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 3.1 Car Parking, Section 3.2 Subdivision, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.6 Rainwater Tanks, Section 3.9 Waste Management, Section 4.2 Dual Occupancy, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dual occupancy

Owner/s

Sada International Pty Ltd

Existing development

Dwelling house

Cost of development

$850,000.00

Reason for referral to Council

Three objections received and two variations to DCP 1

Report author/s

Development Assessment Officer, Mr M Raymundo

File No

11/DA-430

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks development consent for demolition of existing dwelling and construction of new detached dual occupancy development, swimming pools and Torrens Title subdivision on land known as 35 Gungah Bay Road, Oatley.

2. The proposal has been assessed against the applicable planning controls and seeks a variation to Development Control Plan No 1 regarding maximum cut and detached dual occupancy development.

3. In accordance with Development Control Plan No 1 – LGA Wide - Section 2.2 Neighbour Notification and Advertising Requirements the proposal was notified. In response, three (3) submissions were received.

4. Council resolved at the meeting of 4 April 2012 that the application be deferred for redesign in order to create an attached dual occupancy in keeping with the streetscape.

5. In response the applicant has submitted further justification for a detached dual occupancy and no redesign has taken place.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

HISTORY

4/4/2012 Council resolved that the application be deferred for redesign in order to create an attached dual occupancy in keeping with the streetscape.

27/4/2012 Response provided by applicant to Council's resolution.

FURTHER REPORT - APPLICANT'S RESPONSE
The applicant’s planner has provided the following response and justification for the current proposal.


(a) Dwellings are private and allow adequate natural light into living areas.Comment: In regard to the above provided by the applicant, it noted that under Section 1.11 – Variations to the Criteria under Development Control Plan No 1 – LGA Wide states the following;

Given that, the proposal has sought a variation to Council’s controls which does not fit any of the prescribed building envelope options, the applicant has submitted the above justification for the development. A merit based assessment has been applied in determining whether the proposal adequately satisfies the underlying intent of the objectives of the controls and it is considered that the proposal adequately satisfies the intent of the objectives but also satisfies the intent to a better extent in regards to amenity than that of a compliant attached dual occupancy development which is later discussed. This is outlined in the original report, which is re-iterated below.

The reference to a detached dual occupancy located within the visual catchment of the subject site refers to the approval of 29 Gungah Bay Road Oatley - 03/DA-312 - Demolition and construction of a detached dual occupancy with Torrens title subdivision approval by Council Development Assessment Committee on 2 July 2003. This shares similarities with the subject site in relation to site width and area as detailed below.

35 Gungah Bay Road
(subject site)
29 Gungah Bay Road (approved dual occupancy) Complies
Site Area1,010.8sqm910.5sqmYes
Site Width20.115m20.115mYes
Width of each dwelling7.55m7.8mN/A
Furthermore it is noted that the approved dual occupancy at 29 Gungah Bay Road sought two (2) additional non compliances which related to a non compliant 6.5m maximum wall height from the prescribed (6m maximum) and did not provide any light wells (of which two (2) of a minimum dimension of 1.5m x 3m are required). This is considered to generate more of an impact than the proposal at hand.


Given the width of the subject site which is essentially 33% more than the minimum allotment width of the prescribed 15m, the detached dual occupancy creates appropriate spatial separation between the two (2) proposed residences which are considered to positively contribute to the streetscape more than that of an attached design. Further the additional front setback assists in spatial separation when viewed from the street. The streetscape is characterised by detached single dwellings of varying architectural styles and designs. It is considered that the key elements of streetscape are defined by front setbacks and spatial separation between the residential properties hence the proposed built form is not considered to detract from the existing streetscape or future desired streetscape character.

It is concluded for the above reasons, that the applicant’s further submission supports the design of two (2) separate dwellings on this allotment and this will have less impact than one (1) large building.

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

The original report is re-iterated below.

"DESCRIPTION OF THE PROPOSAL

The proposal seeks development consent for demolition of existing dwelling and construction of new detached dual occupancy development and swimming pools. In detail the proposal comprises of the following:

* Demolition of existing structures.

* Both dwellings will comprise the following:

* The proposal seeks the pruning of two (2) trees on 33 Gungah Bay Road (adjacent to the north).

* Torrens Title subdivision into two (2) allotments.

* Construction of two (2) new driveway crossings to service each occupancy.

* Associated landscaping and engineering works.

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot 44 Section 22 in DP 4513 and is known as 35 Gungah Bay Road, Oatley. The subject site is located on the eastern high side of the street. The subject site forms a rectangular shaped block and is dimensioned as follows: 20.115m along the eastern frontage, 50.24m along the northern side boundary, 20.115m along the rear eastern boundary, 50.26m along the southern side boundary with an area of 1,010.8sqm. The site falls from rear to front with a maximum fall of about 3m. A two (2) storey dwelling is located on site. A small rear shed is located within the rear setback along the eastern rear boundary.

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

1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994The land is zoned 2 – Residential. The proposed use of the site as dual occupancy is permissible subject to development consent. The zone objectives are as follows;

Comment: The proposal seeks development consent for the construction of a detached dual occupancy. The proposal is detached rather than attached, results in greater amenity to future occupants of the development regarding spatial separation and improved solar access. The form of development is considered acceptable due to the large allotment width of 20.115m (whereby Council requires a minimum 15m allotment width) which does not result in any unacceptable streetscape or character impacts. It is considered that the proposed built form of a detached dual occupancy is a more desirable outcome than an attached occupancy which would result in a larger visual bulk. The proposal is considered to preserve and enhance the character and amenity of the established residential area. This is explained in greater detail with the Section 4.2 Dual Occupancy Development within this report.

Clause 10 – Subdivision generally

The proposal has sought development consent for subdivision into two (2) Torrens Title allotments. The proposed subdivision is supported by Council’s Manager - Development Advice subject to conditions of consent.

Clause 11A(2A) – Dual Occupancies

The site area covers 1010.8sqm and contains a site width of 20.115m which adequately satisfies the requirements for dual occupancy developments.

Clause 14 – Tree Preservation Orders

Five (5) trees are located on 33 Gungah Bay Road (adjoining to the north) of which the branches encroach the subject site. The applicant has provided an arborist report to protect the trees of which are supported by Council’s Tree Management Officer subject to conditions of consent.

Clause 15 - Services

The subject site contains adequate services regarding the disposal of waste and stormwater. The proposal is to drain to the street. Conditions of consent have been imposed regarding adequate drainage of stormwater.

Clause 22 – Excavation, filling of land

The proposal seeks excavation of approximately 1800mm cut to accommodate the swimming pools located to the rear, a 1000mm cut is also proposed within the rear setback of the proposed dual occupancy which does not generate any unacceptable material planning impacts. The proposal does include a 400mm maximum fill located below the building footprint. The proposal does not generate any adverse impacts to drainage patterns. In this regard, the proposal adequately satisfies this clause.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned 2 - Residential under the Hurstville Local Environmental Plan 1994 and is currently used for a residential purpose, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

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

In accordance with the provisions under SEPP (Building Sustainability Index: BASIX) 2004, two (2) BASIX Certificates have been provided for each dwelling have been lodged with the development application. The applicable BASIX commitments have been notated on the plans. The requirements of the SEPP have adequately been satisfied.

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environmental Plan 2011

The proposal has been assessed against the Draft Hurstville Local Environmental Plan 2011. The proposal is considered to satisfy the intent of this Draft Plan however the draft Plan is not certain and imminent at this stage.

Any other matters prescribed by the Regulations

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

Demolition

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

3. Development Control Plans

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

Section 3.1 StandardProposedComplies
3.1.2.1 (1) – Table of car parking requirementsEach dwelling is to provide one (1) garage and one (1) driveway space (unless otherwise provided for in the building envelope)Two (2) car spaces located within tandem garage and one (1) additional car space within the drivewayYes
As can be seen from the table above, the proposal complies with Section 3.1.


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

The applicant has provided a concept subdivision plan and is supported by Council’s Manager - Development Advice subject to conditions of consent.

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

Section 3.4 controls primarily apply to residential flat buildings however some controls are applicable in the assessment of dual occupancy developments. The relevant applicable controls are as follows.

Section 3.4StandardProposedComplies
Clause 3.4.1.2 –
Blind Corners
Pathways should be direct. All barriers along pathways should be permeable including landscaping, fencing etcDirect pathwayYes
Clause 3.4.1.3 –
Communal/Public Areas
Position active uses or habitable rooms with windows adjacent to main communal/public areas e.g. playgrounds, swimming pools, gardens, car parks etcWindows facing frontageYes
Clause 3.4.1.4 – EntrancesEntrances should be at prominent positions.

Design entrance to allow users to see into the building before entering.
Entrance located at street frontage.

Windows front street.
Yes


Yes
Clause 3.4.1.5 –
Site and Building Layout
For single dwellings and dual occupancies, orientate the main entrance towards the street or both streets if located on a corner.

Position habitable rooms with windows at the front of the dwelling.

Garages and carports should not dominate the front façade of the building.
Main entrance orientated towards street.



Habitable windows located at front of dwelling .

Garage does not dominate façade of building.
Yes





Yes



Yes
Clause 3.4.1.6 - LandscapingAvoid medium height vegetation with concentrated top to bottom foliage. Plans such as low hedges and shrubs, creepers, ground covers and high canopied vegetation are good for natural surveillance.

Avoid vegetation, which conceals the building entrance from the street.
If supported, can be conditioned to comply.






Vegetation does not conceal building entrance from street.
Yes







Yes
Clause 3.4.1.8 – Building IdentificationEach individual dwelling should be clearly numberedIf supported, can be conditioned to complyYes
Clause 3.4.1.10 - OwnershipTo distinguish dwellings or groups of dwellings use design features e.g. colouring, vegetation, paving, artworks, fencing, furniture etcEach dwelling contains a separate pedestrian entryYes
As can be seen from the table above, the proposal complies with Section 3.4.


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

The proposal has provided a valid BASIX Certificate and has adequately satisfied the requirements for energy efficient resulting on the certificate. Adequate levels of solar access are achieved to the subject site and neighbouring properties.

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

Stormwater is proposed to drain to the street. In ground rainwater tanks 3000L are to be proposed to be located within the front setback in accordance with the applicable BASIX commitments.

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

The proposal has provided a waste management plan as part of this application. The proposed works have been considered against the provisions within this subsection and adequately satisfies the aims and objectives.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.2 DUAL OCCUPANCY HOUSING

As detailed above, the proposal for the most part complies with the applicable controls for Section 4.2 Dual Occupancy Development with the exception of the following.


(1) Height and Cut and Fill

Clause 4.2.7 – Cut and fill restrict a maximum cut of 600mm. The proposal seeks variation to this control and proposes a maximum cut of 1000mm which is located within the rear setback adjoining the rear terrace. Whilst the proposal seeks a prescriptive variation to the controls it is considered that the variation is supported on the following basis;

* The proposed cut does not result in any unacceptable drainage impacts to the subject site or surrounding properties.

* The proposed cut does not result in any unacceptable material or unduly amenity impacts.

For the above reason it is considered that the proposed variation is supported on planning merit.

(2) Building Envelopes

Council controls allow various forms of attached dual occupancy developments. In this instance, the proposal seeks a detached dual occupancy development which is considered to be a variation to Council’s controls. In this instance, it is considered that the proposed development is acceptable and is supported on the following basis;

* The subject site contains a frontage of 20.155m which significantly exceeds Council’s minimum frontage requirement of 15m for dual occupancy developments. It is considered that the proposed built form complies for the most part with Council’s prescribed controls (with the exception of the supported variation of an additional 400mm cut located to the rear) adequately satisfies Council’s prescribed requirements and adequately satisfies the underlying intent of the controls.

* The proposed detached dual occupancy development adopts the characteristics of single dwellings when viewed from the street. In addition, it is also noted that the proposal seeks a minimum front setback of 5.5m which is 1m in addition to Council’s minimum 4.5m prescribed requirement. It is considered that this additional front setback incorporated within the proposal results assists in the spatial separation when viewed from the street.

* The proposed detached dual occupancy development is commensurate with that of a detached dual occupancies located within Gungah Bay Road of which are located within the visual catchment of the subject site. The proposal in this regards, is considered to be compatible and sympathetic to the streetscape.

* The proposed built form of the detached dual occupancy developments results in a smaller built form presenting to the street than that of an attached dual occupancy. It is considered that the proposed internal separation of 2m result in a built form which is open and results in greater spatial separation between the two occupancies.

* The proposed detached dual occupancy development allows for greater opportunity for sunlight including ambient light to habitable rooms on the ground floor and first floor than that of an attached dual occupancy development.

* The proposed detached dual occupancy development does not result in any unacceptable material environmental, built form, economic or social impacts.

For the reasons above, it is considered that the proposal is considered to be satisfactory in achieving the intent of the underlying objectives of the controls.

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

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 effect Cut 600mm into natural ground levelYes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary1.5m from common dual occupancy boundaryYes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencingStandard conditions imposedYes
FillingFilling of land between pool and property boundary is not permittedNo fill proposedYes
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursStandard conditions imposedYes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 - Swimming Pool Safety and provisions in DCP 1Standard conditions imposedYes
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.
Standard conditions imposed


Standard conditions imposed



Standard conditions imposed


Standard conditions imposed


Standard conditions imposed
Yes



Yes




Yes



Yes



Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceStandard conditions imposedYes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingStandard conditions imposed Yes
The proposal seeks development consent for the construction of two (2) swimming pools located within the rear setback of each occupancy. Each swimming pool is dimensioned 2.2m in width by 6.0m with a ranging depth of 450mm (min) to 1800mm (max). Each swimming pool is located a minimum 1.5m from the boundary. The proposed swimming pools comply with the applicable controls are supported subject to standard pool conditions of consent.


4. Impacts

Natural Environment

The proposed works are not considered to result in any unacceptable natural environment planning impacts.

Built Environment

The proposal seeks variations regarding Council’s controls in relation to maximum cut and detached dual occupancies. The variations are supported on merit for the reasons contained within this report. No unacceptable amenity impacts are generated by the variation to Council’s controls. In this regard, it is considered that the proposal is satisfactory and for the most part complies with Council’s controls. Further to this the applicant has agreed to the front window of dwelling No. 1 to be provided as a full-size window rather than a highlight.

Social Impacts

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

Economic Impacts

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

Site Suitability

The proposed works are considered to be suitable for the subject site for the reasons contained within the report.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and under extended notification in which to view the plans and submit any comments on the proposal. In response, three (3) submissions were received raising the following issues.

Streetscape

Concerns were raised regarding adverse streetscape impacts in particular to Unit 2 (dwelling located to the right).

Comment: The proposed façade design of the Unit 2 dwelling is considered to reflect the modern architectural styles. As discussed within the report, the proposed dwellings comply with Council’s key controls such as height, setbacks and floor space ratio. In this regard, no concerns are raised regarding the façade treatment of Unit 2.

Solar access impacts

Concerns were raised regarding solar access impacts to the southern neighbour.

Comment: Council’s controls require at least three (3) hours solar access from 9am to 3pm during winter solstice to be achieved to neighbouring properties. Given the relationship of the subject site and the adjoining neighbour to the south it is considered that this neighbouring property result in some level of unavoidable overshadowing impacts. It is noted that a shared driveway is located adjacent to the southern side boundary. The majority of the overshadowing impacts fall onto the shared driveway of 37 and 37a Gungah Bay Road, Oatley. Notwithstanding the above, the southern neighbouring property will achieve at least three (3) hours solar access to the majority of the principle private open space.

It is noted that the proposal complies in relation to side setbacks, rear setback, floor space ratio and height and does not result in any additional overshadowing impact than that of an attached dual occupancy development or a two (2) storey single dwelling.

Privacy impacts

Concerns were raised regarding privacy impacts from first floor bedroom, bathroom and ensuite windows along the southern elevation.

Comment: The windows are considered to be that of a low habitable use. Rooms such as bedrooms and bathrooms have been previously established by the Land and Environment Court as low habitable use whereby in comparison to a high habitable use such as a living room, dining room or the like which would reasonably be used as such with a higher intensity. In this regard, the proposed windows in question do not result in any unacceptable material privacy impacts to be expected in an urban event.

Accuracy of information

Concerns were raised regarding if the documentation provided was accurate in relation to the height of side fences, orientation of sun, seasonal winds.

Comment: The proposal has provided information which has been sufficient to Council to undertake a thorough assessment of the proposal and such impacts of the proposal. The height of the fence is not of any material consequence as no consent is granted for any boundary fencing. The orientation of the sun is considered to be accurate. The seasonal winds are not considered to be a significant element in the assessment of the proposed works for a two (2) storey building

Dividing fences

Concerns were raised regarding replacement of boundary fencing in relation to part removal of retaining wall.

Comment: Boundary fencing falls within the provisions of the Dividing Fences Act

Services

Concerns were raised regarding potential damage to existing services to neighbouring south east property in relation to electrical service cables, water pipes, telephone, internet cables water service pipes and impact to existing driveway.

Comment: Conditions are to be imposed regarding protection of amenity and services to neighbouring properties.

Erosion and drainage

Concerns were raised regarding potential erosion of the neighbouring garden bed.

Comment: A retaining wall is proposed to be located adjacent to the southern side boundary. It is considered that the proposed works will not result in any unacceptable material drainage impacts.

Air conditioning and pool pumps

Concerns were raised regarding adverse noise generated by air conditioning units and pool pumps.

Comment: It is considered that standard conditions of consent are to be imposed regarding pool and air conditioning units to reduce adverse noise impacts with any approval granted.

Council Referrals

Tree Management Officer

Council’s Tree Management Officer and commented on the proposal as follows;


Comment: Conditions are to be imposed regarding the protection of these trees as part of any approval granted.

Manager - Development Advice

The proposal was referred to Council’s Manager - Development Advice who raised concerns regarding inundation around the proposed swimming pools. Appropriate conditions have been imposed requiring the paving to be located below the pool to reduce drainage impacts. Subject to the above, no additional concerns are raised subject to conditions of consent.

6. CONCLUSION

The application has been assessed against the applicable controls and is considered on merit to satisfy the objectives and underlying intent of the controls. In this regard the application 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 11/DA-430 for demolition of existing dwelling and construction of new detached dual occupancy development, swimming pools and Torrens Title Subdivision on Lot 44 Section 22 in DP 4513 on land known as 35 Gungah Bay Road, Oatley on subject to the attached conditions:
1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

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


4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.

5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent
This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs

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

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

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

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


(i) the name of the owner builder

(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit

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

Demolition Conditions

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.13. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
PCA Services Fee
DA6
$3,213.63
Construction Certificate Application Fee
CC1
$2,133.60
Construction Certificate Imaging Fee
AP165
$165.83
14. 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.

15. 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.
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. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:18. S942 - Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for open space and community recreation facilities. The contribution relates to Plan no. 2 and is based on the criteria that any development which results in a nett increase in the City's population will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The total open space and community recreation facilities contribution required and payable before release of the Construction Certificate is $9,603.00

19. S944 - Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for community services and facilities. The contribution relates to Plan no. 4 and is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.

The total community services and facilities contribution required and payable before release of the Construction Certificate is $6,402.00

20. S943 - Drainage Services within Georges River Catchments - Pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979 payment shall be made to Council of a monetary contribution for the provision of drainage services. The contribution is related to Plan no. 3 and is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on drainage services.

21. S945 - Management - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for Section 94 planning and management. The contribution is related to Plan no. 5 and is based on the criteria that the significant costs to Council associated with Section 94 planning and management are a direct measurable consequence of the approved development. Therefore it is appropriate to seek to partly offset these costs from the development.

The total Section 94 Management contribution required and payable before release of the Construction Certificate is $472.20

22. S946 - Library and Information Services - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for library and information services. The contribution is related to Plan No. 6 and is based on the premise that any development which results in a nett increase in the City's population will create extra demand on Council's library and information services provision. Furthermore, any such development will also generate an additional demand for the acquisition of library book stock.

(a) The contribution rate for residential development is $3,257.00
The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $3,275.38

23. S948 - Indexing of all Section 94 Contributions - All contributions payable pursuant to Section 94 conditions must be paid before issue of the Construction Certificate, and will be indexed quarterly in accordance with the Consumer Price Index - Sydney All Groups, published by the Australian Bureau of Statistics. If you seek to obtain a Construction Certificate more than three (3) months from the date of this consent you must contact Council to determine the variation in the contribution(s) before payment. If you engage an accredited certifier payment(s) must be made before issue of the Construction Certificate. Failure to do so can result in problems including incorrect cheque preparation, return of payment, and delay in obtaining your Construction Certificate.24. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

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

25. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.26. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.27. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate application.

28. 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.

29. 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.30. 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.31. DR13 - All stormwater shall drain by gravity to Council's kerb and gutter.32. DR11 - Stormwater drainage plans - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

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

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

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

The Notice of requirements must be submitted with the application for a Construction Certificate.

34. 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.

35. 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.36. 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.

37. 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.

38. Protection of Trees - The developer must suitably protect during demolition and construction all existing trees specified above. The developer must submit details of tree protection including the area of protection around each tree or group of trees to be retained and a suitable barrier to be erected around the perimeter of the protected area during the demolition and construction period and, if necessary, after the construction period, to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building material, excavation, filling, or the like. These details must be submitted to Council for approval by the Council's Tree Management Officer before the issue of a Construction Certificate.39. Protection of Retained Trees - The trees located on the neighbouring property must be protected during the period of demolition, excavation, site preparation and construction, by the erection of a suitable barrier around the Tree Protection Zone (Refer to AS4970-2009) of each tree. The barrier must be such to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building materials, excavation, filling or the like. Details of the means of protection must be submitted to Council and be erected prior to any works commencing on-site.40. Protection of tree roots – Excavation work within the Structural root zone should be avoided. Where excavation is unavoidable, any roots larger than 25mm in diameter shall be conserved without damage and assessed by the site arborist. Details should be photographed and a report is to be submitted to Council’s Tree Management Officer for assessment.41. Footings – within the Structural root zone should be avoided. Where trenching for Footing is unavoidable, any roots larger than 25mm in diameter shall be conserved without damage and assessed by the site arborist. Details should be photographed and a report by a site arborist and finding submitted to Council.

42. The submitted hydraulic plans shall be amended to include on site detention facilities as per Council’s requirements for the issue of the Construction Certificate.43. Pruning - All pruning must be undertaken by a qualified person, with a minimum qualification of Australian Quality Framework (AQF Level 3 in arboriculture). Council consent may be required on trees that fall under Hurstville Council’s Tree Preservation Order.44. Exclusion fence (In accordance with AS4970-2009) - must be installed around the extremity of the Tree Protection Zone (TPZ) of the tree/trees to be retained prior to any site works commencing. This fence must be maintained to Council's satisfaction throughout the period of construction to prevent any access within the TPZ.45. Root Barriers - The developer must install a root barrier against the building in the vicinity of the existing trees to protect the building and sewer lines.

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

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

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

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

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


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

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

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

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

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

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

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

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

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

51. 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).
52. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.53. 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.54. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

55. 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.56. 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.

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

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

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

During the Development60. 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.

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

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:
(a) Setout before commencing excavation.
(b) Floor slabs or foundation wall, before formwork or commencing brickwork.
(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.
(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.
(e) Completion of any 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.

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


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

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

65. 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.

66. 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.67. 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.

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

69. 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.70. 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.

71. 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.72. LA7 - Protection of Tree Roots - Underground services shall be routed to avoid existing tree root zones. Where trenching for services is unavoidable, any roots larger than 25mm in diameter shall be conserved and services placed below the roots.73. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 74. 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.

75. 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.76. 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.77. No construction work, which may impact upon the neighbouring trees may be carried out unless the developer's arborist is present on the land and the construction work is carried out in accordance with all directions given by that arborist.78. Arborist to supervise work - The applicant shall undertake whatever measures are required by the arborist for the protection of the following trees. The arborist shall be retained to supervise such work and ensure against damage to the above listed trees.79. 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.80. 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:

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

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

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

85. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 407651M dated 2 December 2012 and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

86. Two (2) replacement trees are to be located on site prior to issue of Occupation Certificate.

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

(a) Construct two (2) new 130mm thick concrete crossing reinforced with F62 fabric.
(b) Replace all redundant laybacks with kerb and guttering, and redundant concrete with grass.

Council will provide a quote for this work upon request.

or alternatively:

A private contractor may carry out above work subject to:

(a) Council's conditions and specifications, including payment of asphalt infill repairs.
(b) Payment of Council's administration fee listed in our Schedule of Fees and Charges
(c) No stencilled or coloured concrete may be used outside the boundary of the property.

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

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

89. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.90. 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.91. 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).

92. 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 pm93. 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.

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

95. 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.

96. 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.

97. 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.

98. 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.99. 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.
100. SU150 - Three (3) copies of the final plan of subdivision prepared by a Registered Surveyor shall be lodged with Council, together with the original administration sheet(s) plus one (1) copy and any relevant 88B instrument plus one (1) copy.

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

101. SU151 - The Dual Occupancy shall be built and completed in accordance with the Conditions of Development Consent No. 11/DA-430 before release of the signed subdivision plans from Council.

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

103. SU153 - All Section 94 Contributions and any other outstanding fees as per Conditions of Development Consent No. 11/DA-430 shall be paid prior to the release of the linen plan of subdivision.

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

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

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

105. SU155 - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

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

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

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

"No dwellings, including the landscaping and paving of each site shall be erected upon the lots burdened unless constructed, completed and maintained in conformity with the conditions of Development Consent No. 11/DA-285 as approved by Hurstville City Council or in conformity with the conditions of any future Development Consent approved under Council's Dual Occupancy Codes and Requirements."

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

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

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

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

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

109. SU156 - A separate letterbox for each dwelling shall be erected and metal rivet-on type numbers installed to each letterbox. These numbers are to be no.35 for the western dwelling and no. 35A for the eastern dwelling.

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


110. 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.

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

113. 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.

114. 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.115. 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 131318.116. 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.117. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.118. 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.

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

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

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

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

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

124. 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 refused as it does not comply with Council’s previous resolution in regards to streetscape and Council’s Development Control Plan.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)





APPENDIX
Redact Elevations and Site Plan- 35 Gungah Bay Rd Oatley.PDF35 Gungah Bay Road Oatley Locality Map.PNG

Company extract - owner - 35 Gungah Bay Road Oatley.pdfCompany extract - applicant - 35 Gungah Bay Road Oatley.pdf
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COUNCIL MEETING
Wednesday, 16th May 2012

CCL190-12 PK - 46 DOUGLAS HAIG STREET, OATLEY - SECTION 96(1A) APPLICATION TO MODIFY DEVELOPMENT CONSENT NO. 10/DA-388 INVOLVING ALTERATIONS AND ADDITIONS TO THE EXISTING DWELLING INCLUDING RETENTION OF UNAUTHORISED BUILDING WORK TO THE GARAGE


Applicant

Ms Pety Klokas

Proposal

Section 96(1A) application to modify development consent no. 10/DA-388 involving alterations and additions to the existing dwelling including retention of unauthorised building work to the garage

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 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements Section 3.9 Waste Management, Section 3.10 Development of a Heritage Item or in the Vicinity of a Heritage Item, 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

Ms Pety Klokas

Existing development

Single storey dwelling house with outbuildings

Cost of development

N/A

Reason for referral to Council

Unauthorised works for garage wall

Report author/s

Senior Development Assessment Officer, Ms P Bizimis

File No

2010/DA-388REV1

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks modification of development consent (10/DA-388 - alterations and additions to existing dwelling) under Section 96(1A) by modifying the proposed ground floor of the dwelling including the retention of unauthorised building work to the garage.

2. The development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and does not result in any non compliances from that originally approved except in the side setback of the wc. This is discussed in the report.

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

4. Council’s site inspection identified the proposed works have been undertaken as unauthorised works.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The application seeks permission to modify Development Consent No 10/DA-388 under section 96(1A) of the Environmental Planning and Assessment Act. The proposed modifications to the approved development are as follows:

* Reconfiguration of the internal stairs between the garage and the ground floor level, infill of a doorway at the top of the internal landing, and removal of the external steps on the eastern elevation.
* Extension of the length of the existing wc located on the eastern elevation of the ground floor level by 1.42m (existing wc is 1.78m long and proposed is 3.2m long).
* Reconfiguration of the external stairs along the Short Street frontage.
* Reconfiguration and expansion of the windows to the study and lounge room on the ground floor level facing Douglas Haig Street.
* Retention of the unauthorised repositioning of the garage to provide an increased side setback to the eastern boundary (increased from 900mm to 1350mm), and a reduction in the external length of the garage (6.2m to 5.95m). The increased side setback of the garage arose from engineering advice that the existing sandstone block retaining wall between the approved garage and the eastern boundary was “flimsy and unstable”.


BACKGROUND

* 24 November 2010 - Council resolved, amongst other things "THAT applications for Section 96 to remedy unauthorised building work be reported to Council's Development Assessment Committee". Therefore this application is referred to Council for determination.* 15 April 2011 - Consent was granted to Development Application No 10/DA-388 to undertake alterations and additions to the existing single storey dwelling including a first floor addition and inground swimming pool. The development consent was subject to conditions of consent including the following which is relevant to the current application:
Plan Number
Plan Date
Description
Prepared By
HE 148/S, HE 148/P1Received 14 Dec 10Site Plan, Ground Floor Plan,Design and Drafting
HE148/P2, HE148/E1, HE148/E2Received 21 Jan 11First Floor Plan, ElevationsDesign and Drafting
HE148/CS, HE148/pool, HE148/CMD, HE148/shadeReceived 27 Sep 10Section, Pool Plan, Pool Section, Concept Stormwater/Sediment and Erosion Control, ShadowsDesign and Drafting
-Received 27 Sep 10Schedule of Colours and FinishesL C Projects
Job No DWG84698Received 27 Sep 10Contour PlanJohn Lowe and Associates (Liverpool) Pty Ltd
* 23 February 2012 - A complaint was received regarding potential unauthorised work being undertaken to the approved development. Council Officers investigated the matter and on 26 March 2012 the Principal Certifying Authority (PCA), Building Certificates Australia Pty Ltd, issued a Notice of Intention to Serve an Order in relation to the first floor ensuite wall and the location of the garage wall not being built in accordance with the development consent.* The applicant advised the PCA that the first floor ensuite wall would be rectified to achieve compliance and that an application would be lodged with Council seeking permission to retain the unauthorised garage wall. On this basis Council has not proceeded to serve an Order for the unauthorised work.

* The first floor ensuite wall has been rectified as per the development consent and the current application, the subject of this report, includes the retention of the garage wall.

DESCRIPTION OF THE SITE AND LOCALITY
The subject site is located on the northern side of Douglas Haig Street on the corner of Short Street, Oatley. The site has a frontage to Douglas Haig Street of 12.19m with a splay of 4.2m (width of 15.24m) and a total site area of 537.3sqm. The site has a slope to the south west corner. Existing on the site prior to construction was a single storey dwelling and detached single garage. Entry to the dwelling is from Short Street which is elevated due to the topography of the site. The alterations and additions approved by the original development consent are currently under construction.

Adjoining the site to the east on Douglas Haig Street is a two (2) storey dwelling and to the north on Short Street is single storey dwelling. On the opposite side of Douglas Haig Street are one (1) and two (2) storey dwellings and on the opposite side of Short Street are one (1) and two (2) storey dwellings. The area surrounding the subject site is characterised by one (1) and two (2) storey dwellings.

COMPLIANCE AND ASSESSMENT

Assessment of Section 96(1A) Application
Section 96(1A) of the Environmental Planning and Assessment Act, 1979 allows Council to modify a development consent if:
Comment: The proposed modification is of minimal environmental impact. The modifications proposed in the application are unlikely to result in any additional impact to the adjoining developments. The relocation of the garage and the proposed amendments to the dwelling are negligible in terms of the external appearance of the dwelling. The increase to the side setback of the garage and the deletion of the access door to the side elevation of the dwelling is a better outcome in terms of reducing any potential impacts on the adjoining neighbours.
Comment: The modified development is substantially the same development as that originally approved. The development, as modified, will remain as a residential development.Comment: The application was notified in accordance with Council’s requirements and no submissions were received in reply.

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

1. Environmental Planning Instruments

Hurstville Local Environmental Plan 1994
The subject site is zoned 2 - Residential and the proposed development, being a modification of an approved development is permissible in the zone with the consent of Council. The proposed development, as amended, does not result in the development’s non compliance with the relevant requirements of the Hurstville Local Environmental Plan.

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environmental Plan 2011
The proposal is consistent with the zone objectives and permissible uses as expressed in the Draft Hurstville Local Environmental Plan.

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.

3. Development Control Plans
The proposal has been assessed against the relevant requirements of Council’s Development Control Plan No 1 and the proposed development does not have implications on the approved development’s compliance with the relevant requirements, except for the proposed extension of the existing wc which is detailed in the table below.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 4.1 SINGLE DWELLING HOUSES
The proposed development has been assessed against these requirements as follows.

Section 4.1
Single Dwelling Houses
StandardProposalComplies
Floor space ratio0.55:10.45:1 (including additional 1.24sqm extension to wc)Yes
Landscaped and open space areas45%48%Yes as approved
Area of principle private open space30sqm
Minimum 5m dimensions
>30sqm
>5m dimension
Yes as approved
Deep soil planting25% of site area>33%Yes as approved
Building height 9m<9mYes as approved
External wall height7.2m7.2m maximumYes as approved
Front setback4.5m10.2m as existingYes as approved
Front setback of garage5.5m3mAs approved
Side setback for ground floor900mm for ground floor1200mm min for dwelling
1350mm for garage
200mm for wc
No (1) for wc only
Side setback for first floor1500mm for first floor1200mm for first floorAs approved
Rear setback3m for ground floor
6m for first floor
7.9m on ground and first floorYes as approved
Balconies and terraces1m wide planter box

1.8m privacy screen to side elevations
Proposed first floor balconies face street so no additional impact on neighboursYes as approved
Car parking2 spaces2 spaces in proposed double garageYes as approved
Access to car spaces for sites greater than 12m wideGarage doors facing the street must not occupy more than 40% of the width of the dwelling<40% at Short StreetYes as approved
Visual and acoustic privacy-Windows to be offset with neighbouring windows
-Primary living room windows maintain privacy of adjoining principle private open space
-Noise generators such as pool pumps not visible and reduce noise
-Windows are offset from neighbouring windows
-Primary living room windows maintain privacy of adjoining developments

-Conditions of consent for noise generators
Yes as approved
Solar AccessOpen space areas of adjacent dwellings to receive at least 3 hours sunshine between 9am and 3pm on 21 JuneComplies Yes as approved
(1) Side setback for ground floor

The existing wc has a side setback to the eastern boundary of 200mm. It is proposed to extend the length of the wc by 1.42m so to provide a wash basin within the wc. The extension to the wc will have the same side setback of 200mm and as such does not comply with the requirements of Development Control Plan 1. The variation to the side setback is considered acceptable as it does not result in any adverse impacts to the adjoining development in terms of privacy or solar access. There are no windows located on the side elevation of the wc and the wall of the wc will be consistent with that existing.

4. Impacts

Natural Environment
The development as modified has no adverse impact on the natural environment.

Built Environment
The development as modified will have no adverse impact on the built environment. The proposed modifications to the approved development will have no adverse impacts on the adjoining development and are negligible in terms of the external appearance of the building. the variation to the side setback of the wc is supported as detailed in the report.

Social and Economic Impacts
The development as modified has no apparent social and economic impacts.

Suitability of the Site
The development as modified has no implications on the site’s suitability to be developed for the approved development.

Unauthorised Works
The unauthorised works relate to the garage wall only, which has been discussed previously in this report and is located further from the boundary than originally approved. Once the matter is determined it will be referred to Council's Building Control section for appropriate action.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
The application was notified to sixteen (16) resident/owners in accordance with Council’s requirements and no submissions were received in reply.

Council Referrals
No internal or external referrals were required to be made for this application.

6. CONCLUSION
The proposed modification is substantially the same development as was originally considered and approved. The proposed modification was assessed against the provision of Sections 79C and 96 of the Environmental Planning and Assessment Act, 1979 and it was found to be satisfactory. Accordingly, the application is supported.

RECOMMENDATION
Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 10/DA-388 granted on 15 April 2011 for alteration and additions to the existing dwelling including first floor addition and inground swimming pool on Lot 4 DP 522776 and known as 46 Douglas Haig Street Oatley is amended by the application known as 10/DA-388 REV 01 by replacing Condition 2. The amended development consent will be as follows:

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
Unnumbered
HE 148/E1, HE 148/E2
Received 4 Apr 12Ground floor plan, Southern and northern elevations, Eastern and western elevations Design and Drafting
HE 148/S, HE 148/P1Received 14 Dec 10Site Plan, Ground Floor Plan,Design and Drafting
HE148/P2, HE148/E1, HE148/E2Received 21 Jan 11First Floor Plan, ElevationsDesign and Drafting
HE148/CS, HE148/pool, HE148/CMD, HE148/shadeReceived 27 Sep 10Section, Pool Plan, Pool Section, Concept Stormwater/Sediment and Erosion Control, ShadowsDesign and Drafting
-Received 27 Sep 10Schedule of Colours and FinishesL C Projects
Job No DWG84698Received 27 Sep 10Contour PlanJohn Lowe and Associates (Liverpool) Pty Ltd
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

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

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

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

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

7. TRGl - Tree Preservation Order

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

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

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

(a) The window to bedroom 3 on the eastern elevation being a high sill window. This condition has been attached to reduce any privacy impacts on the adjoining development.

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

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

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) swimming pool design
(h) retaining walls
(i) stabilizing works20. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:

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

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

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

22. All pool/spa waste water must be discharged to the sewer to the satisfaction of Council and Sydney Water.23. Geotechnical Reports - The developer must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

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

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

(c) 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.

(d) 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.

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

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

27. 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.28. 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.29. 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.

30. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the existing drainage system with certification from a licensed plumber that the existing system is fully functional in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

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

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

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:


or telephone 13 20 92.

32. 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.

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

34. 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.

35. The noise level of any 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.

36. The operation of any 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.
37. 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.38. BC1 - Construction Certificate - No work shall commence until you:

39. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
40. 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.41. 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.42. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

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

43. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 44. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

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:

(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.

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

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

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

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

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

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

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

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

58. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.59. 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.
60. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

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

62. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A94506 dated 27 September 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

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

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

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

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

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

Monday to Friday (other than a Public Holiday): 7.00 am to 8.00 pm
Saturday, Sunday and Public Holiday: 8.00 am to 8.00 pm69. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.

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

71. 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.

72. 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.

73. 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.

74. 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.
75. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

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

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

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

79. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.80. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.81. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.82. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.83. AD11 - Other approvals required - Where it is proposed to:

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

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

84. If you need more information, please contact Senior Development Assessment Officer Paula Bizimis on 9330-6284 during normal office hours.

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


RESOLUSION - CCL

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





APPENDIX
Elevations - 46 Douglas Haig St Oatley.PDFPicture 014.JPGPicture 011.JPGPicture 013.JPGSite map of 46 Douglas Haig Street.PNG


Print

COUNCIL MEETING
Wednesday, 16th May 2012

CCL191-12 PNS - 108 STONEY CREEK ROAD, BEVERLY HILLS - ADDITIONS TO COMMERCIAL PREMISES – ELEVATED STOREROOM TO REAR


Applicant

Rodger Lee

Proposal

Additions to commercial premises – Elevated storeroom to rear

Zoning

Zone 3a – Neighbourhood Business

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, State Environmental Planning Policy No 55 – Remediation of Land, Draft State Environmental Planning Policy (Competition) 2010, Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification and Advertisement of Development Applications, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention Through Environmental Design, Section 3.7 Drainage and On-site Detention (OSD) Requirements

Hurstville Local Environmental Plan 1994 interpretation of use

Shop and Dwelling

Owner/s

Wayne and Cherri Stephenson

Existing development

Shop and Dwelling

Cost of development

$105,000.00

Reason for referral to Council

Three submissions received and one variation to DCP 1

Report author/s

Development Assessment Officer, Mr P Nelson

File No

11/DA-156

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes the addition of a rear storage area to the existing shop with a sub-floor parking and loading area.

2. Amended plans have been submitted in response to Council’s resolution from meeting dated 30 November 2011 for redesign to minimise overshadowing on the adjoining property.

3. The proposal complies with Council’s Local Environmental Plan and a minor variation of one (1) car parking space is sought to Council’s Development Control Plan No 1.

4. Three (3) submissions were received in relation to the amended plans.


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 shop and dwelling. Amended plans have been submitted to address Council’s resolution requiring re-design of the original proposal (see comparison table below).

As indicated in the table above, the amended plans have reduced the external wall height by a maximum of 1.21m, via a change in the direction of the roof pitch. The floor to ceiling height of the upper level has also been amended to the minimum Building Code Australia permitted height for storage areas of 2.1 metres. This area is also setback from the boundary with the neighbour.

The previous requirement by Council for an easement for drainage has also been addressed in the amended plans with the provision of a charged drainage system to Stoney Creek Road.

HISTORY

12/5/2011 Original development application lodged.

27/5/2011 Development application advertised and notified to sixteen (16) adjoining and adjacent property owners and residents for fourteen (14) days. Three (3) submissions received.

2/11/2011 Council gave consideration to a report on this matter and resolved:

9/11/2011 Council site inspection held.

16/11/2012 Council gave consideration to a report on this matter and resolved:

30/11/2012 Council considered a rescission motion on this matter and resolved:-

3/2/2012 Amended plans lodged with Council.

16/2/2012 Amended plans notified to sixteen (16) adjoining and adjacent property owners and residents for fourteen (14) days.

22/3/2011 Application referred to Roads and Maritime Services (RMS) to comment on drainage.

16/4/2011 Response received from RMS advising no objections to drainage.

26/5/2012 Site inspection held with resident.

3/5/2012 Site inspection held with applicant.

COMPLIANCE AND ASSESSMENT
This report assesses the amended plans submitted in response to Council’s resolution of 30 November 2011 and the report on the original application is an attachment (see Council Report and Resolution below).

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 2.2 NEIGHBOUR NOTIFICATION AND ADVERTISEMENT OF DEVELOPMENT APPLICATIONS
The proposal was neighbour notified to sixteen (16) adjoining and adjacent owners and residents for a period of fourteen (14) days in accordance with the requirements of this section of Development Control Plan No 1. 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 3.1 CAR PARKING
The existing shop and residence does not provide formal car parking on-site and the allotment is benefitted by a right of carriageway that links the rear of the property to Penshurst Street.

As no car parking is currently provided, the car parking calculation is based on the additional floor area provided similar to the original assessment (see table below).

Section 3.1 Car ParkingStandardProposedComplies
Retail/Shop
6 spaced/ 100sqm
54.66sqm additional storage area therefore 3.27 spaces required2 spacesNo (1) minor variation

(1) Car Parking Provision
The application seeks consent for the provision of 54.66sqm additional floor space to be used as a storage area (of which 4.8sqm is occupied by a required disabled toilet facility) for the existing lawnmower business. The additional floor area proposed will not be used for customer access, except where public use of the disabled toilet is required.

As this area is to be used for storage (replacing existing) and not as a public accessible retail area, it is considered that the additional storage area will not result in any increase in the intensity of the business operation.

The plans have also been amended by providing additional excavation at the rear, permitting the provision of an additional car parking space (compared to the original plans) and a loading area. It is noted that to permit sufficient turning area into this new parking space, a condition will be required to relocate the proposed stairwell access to the car parking area as follows:

It is considered that the provision of this condition will improve the manoeuvrability in the sub-floor parking area and will result in the provision of two (2) satisfactory car parking spaces.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION REQUIREMENTS
The amended plans detail that the existing and proposed roof areas may drain via a charged system to the kerb and gutter in Stoney Creek Road. It is considered that this method of disposal may be appropriately conditioned to comply with the relevant requirements of Section 3.7 of the Development Control Plan, in accordance with the comments provided by Council’s Manager - Development Advice and the drainage conditions imposed by the Roads and Maritime Services.

4. Impacts

Natural Environment
The proposal is unlikely to have any negative impacts on the natural environment.

Built Environment
The application has been further amended as described above in order to provide for additional solar access to the southern neighbour, provide an appropriate method of stormwater disposal and provide for additional car parking and loading facilities on site. It is considered that the amended plans are an improvement on those originally lodged and will result in a decreased impact on the adjacent neighbours.

The adjacent southern neighbour will receive the minimum required solar access to their kitchen window. It is also noted that the rear yard of the southern neighbour will receive in excess of the required three (3) hour solar access for residential properties.

The amended hydraulic plan detailing drainage to Stoney Creek Road via a charged system will improve the existing arrangement which is by overland flow to the rear. As the proposal results in almost the entire site being covered, the proposed drainage system will result in negligible overland flow impacting on the rear neighbours. As a result of this amended plan, it is no longer necessary to require the provision of an easement. As such the application is no longer required to be a deferred commencement approval and may proceed as an approval.

Social Impact
The proposed alteration and addition to the existing business comprises storage area and is unlikely to result in any intensification of the existing usage. As such the proposal is unlikely to have any additional social impact on the local vicinity.

Economic Impact
The proposal is unlikely to 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
Sixteen (16) adjoining residents and owners were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Three (3) submissions were received.

Plans unclear
One (1) submission has stated that the A4 size plans sent to neighbours was unclear.

Comment: All neighbours were provided with the opportunity to inspect the A3 sized plans at Council during the notification period in accordance with the relevant Section 2.2 of Development Control Plan No 1.

Overshadowing
Two (2) submissions have indicated that the proposal will overshadow their properties.

Comment: The application will result in additional overshadowing to the adjacent residential neighbours from what exists on site at present. However the amended plans have improved the solar access provided to the southern neighbour and all neighbours will receive in excess of the minimum required solar access for residential allotments. With respect to the particularly concerns from an adjoining neighbour regarding shadow impact to a kitchen, the amended plans reduce this impact and the site inspection revealed this room has a second window in the western elevation and light penetration is considered satisfactory.

Cross ventilation
One (1) neighbour has queried if the proposal will allow for appropriate cross ventilation at their property.

Comment: The proposal will not result in a decrease in the potential for cross ventilation at neighbouring allotments.

Compliance query
One (1) submission has sought clarification as to the level of compliance to Council controls achieved under the current proposal.

Comment: The application proposes a variation to the number of car parking spaces required on site. This is discussed elsewhere in this report.

Use of storage area
One (1) submission has indicated that noise and fumes would impact on neighbour amenity should the proposed storage area be used for lawn mower repairs. The submission has further added that the light weight construction proposed would result in increased noise.

Comment: The application proposes the use of the additional floor area for storage and disabled toilet facilities only. It is unlikely that this use of the floor area will impact on any adjacent neighbour. The proposal seeks to a large extent to replace the existing storage and work areas.

Fire safety query
One (1) submission has sought clarification as to whether the proposed external walls of the storeroom comply with the fire separation requirements of the Building Code of Australia.

Comment: Standard conditions of consent require that the proposal complies with the Building Code of Australia.

Stormwater
Two (2) submissions have indicated that the disposal of stormwater from the site is currently resulting in issues and the increase in roof area will result in an increase to these drainage issues.

Comment: The application proposes a charged drainage system to the street in Stoney Creek Road. This system will improve the current situation, despite the increase in roof area, thereby negating the issue raised in these submissions.

Rear lane usage
One (1) submission has stated that the rear lane is for residents only and is not available for customer use.

Comment: The right of carriageway at the rear of the allotment benefits the subject site and may be used for customer access if required.

Trading hours
One (1) submission has indicated that the proposal should have the trading hours limited due to the potential impacts of noise, pedestrian and vehicle traffic.

Comment: The current application proposes no change to the existing hours of operation as part of the current proposal.

Carport Guttering
One (1) submission has indicated that the carport guttering is too close to their boundary.

Comment: The carport guttering is permitted to be located on the allotment boundary. As the proposal does not extend beyond the boundary of the subject site, the location of the carport guttering is considered to be appropriate.

Council Referrals

Manager - Development Advice
Council’s Manager - Development Advice has provided the following comments:
External Referrals

Department of Roads and Maritime
The Department of Roads and Maritime Services (RMS) have indicated that the proposal is appropriate subject to minor conditions. It is noted that RMS did not raise any issues in relation to the charged drainage system proposed to drain to Stoney Creek Road.

6. CONCLUSION
The application proposes a new storage area, disabled toilet and sub floor parking and loading area for the existing lawn mower business.

The application was previously considered Council required redesign of the proposal to reduce overshadowing of the adjacent neighbours.

The applicant has submitted amended plans to provide additional solar access to the adjacent south western neighbour. No neighbour will receive less than the required solar access provision as a result of the proposed development.

The plans have also been amended to provide for a charged drainage system to Stoney Creek road. This method of disposal has not been objected to by RMS and Council’s Manager - Development Advice is satisfied with the proposed drainage disposal system subject to conditions of consent.

As such the proposal is to be recommended for approval subject to the conditions that appear in this report.

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-156 for additions to commercial premises - elevated storeroom and carport to rear on Lot 1 DP 24965 and known as 108 Stoney Creek Road, Beverly Hills, subject to the attached conditions:1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 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. HOl - Hoardings

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

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

7. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
8. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.9. 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.

10. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.11. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:
12. 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.

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

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

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

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

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. 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.18. 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.19. DR12 - On-Site Detention - An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:20. Stormwater System - All roof waters and all overflows from any rainwater tank shall drain to Council’s kerb and gutter directly in front of the development site in Stoney Creek Road by a suitably designed charged system.21. IN3 - Fire Safety Measures - Prior to the issue of a Construction Certificate a list of the fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a Construction Certificate, which is required to be submitted to either Council or an accredited certifier. Such list must also specify the Minimum Standard of Performance for each Fire Safety Measure included in the list. The Council or Accredited Certifier will then issue a Fire Safety Schedule for the building.

22. 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.

23. WA3 - Waste - A detailed Waste Management Plan must be provided with the application for the Construction Certificate, indicating how waste generated from the end use is proposed to be managed.

In order to make provision for the commercial building, the appropriate waste and recycling containers and facilities for all specific end use businesses applies in accordance with the following waste generation rates:
(a) Retail Trading shops: to 100 square metres - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

The waste storage area shown in the waste management plan must house all waste and recycling containers, be appropriate for the number of units/intended uses of the building, and be located where it can be serviced by waste collection vehicles.

24. WA9 - Arrangements must be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Principal Certifying Authority.

25. 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:

a) Access and egress from the building - Section D.
b) Fire separation between the ground and upper level occupancies- Section C.
c) Fire safety services and equipment - Section E.
d) Protection to new window and other openings that stand less than 3 metres from the boundary or fire source feature - Section C.
e) Light and ventilation - Section F.
26. The Commonwealth Disability (Access to Premises - Buildings) Standards 2010 (the Premises Standards) which commenced on the 1 May 2011 applies to any application (ie 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. 27. Access for persons with disabilities must be provided to the premises in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

28. Stormwater drainage plans prepared by a qualified practising hydraulic engineer must be submitted to the Principal Certifying Authority. Details must be submitted with the Construction Certificate application.
29. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until;

(a) a construction certificate for the building work has been issued by:

(i) the consent authority; or
(ii) an accredited certifier; and
(i) notified Council of his or her appointment;
(ii) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are required to be carried out in respect of the building work; and

(d) the person having the benefit of the development consent has:

(i) appointed a principal contractor for the building work who must be the holder of a contractor licence for the residential building work involved;
(ii) notified the principal certifying authority of any such appointment, and
(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and

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

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

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

31. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
32. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.33. 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.34. 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.35. ST2 - Engineer's certificate -A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted before the commencement of work.36. PU1.1 - Sydney Water - Access to Water and Waste Water Services - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

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

The Notice of requirements must be submitted prior to the commencement of work.

37. 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 92.38. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 39. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:
40. PU11 - Water, Waste Water, Electricity, Gas and Telecommunications - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.41. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.
42. IN3 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the principal certifying authority and the undermentioned inspections: (b) All inspections necessary to determine that the appropriate conditions attached to this consent have been complied with, and
(c) All inspections necessary to determine that the requirements of the Building Code of Australia are being met.
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 all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

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

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


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

45. A road occupancy licence is to be obtained from Roads and Maritime prior to any works that impact on traffic flows on Stoney Creek Road during construction activities.46. The developer is responsible for all public utility adjustment/relocation works necessitated by the proposal and as required by the various public utility authorities and/or their agents.47. All road work/regulatory signposting associated with the proposed development is to be at no cost to the RMS or Council.48. 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.

49. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.50. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.

51. MI16 - No goods shall be stored or displayed outside the building.52. PV1 - Linemarking and Numbering - All car parking spaces are to be sealed, graded, drained, clearly linemarked, and numbered.

53. 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 on the premises.54. 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.

55. LA5 - Wheel Stops - The developer must install wheel stops to all parking spaces.56. 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.

57. 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.58. 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.

59. 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.

60. 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.
61. Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building.

Prior to the issue of the occupation certificate the principal certifying authority for the building work to be carried out on the site must be satisfied that:
(a) any preconditions required by the development consent to be met have been met; and
(b) such building work has been inspected by that principal certifying authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the principal certifying authority and the conditions required by this development consent.

62. Fire Safety Certificate before Occupation or Use - Prior to the issue of an occupation certificate the owner of the building must issue a fire safety certificate and must cause a copy of that fire safety certificate to be given to the principle certifying authority issuing the occupation certificate. The fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates:

(a) has been assessed by a properly qualified person, and

(b) was found, when it was assessed, to be capable of performing to at least a standard required by the current fire safety schedule for the building for which the certificate is issued.

Note: The owner of the building:

(a) must cause a copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and

(b) must cause a further copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

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

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

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

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

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

66. The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.
67. MI7 - The shop/factory unit number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.68. PV7 - Parking Requirements – One (1) car space is to be provided in accordance with the approved plans.69. 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.

70. 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.

71. PV19 - Loading or Unloading - The loading and/or unloading of all goods and materials used in conjunction with the development must take place within the property.72. The beneficiary of this consent is to liaise with adjoining property owners who benefit from the existing shared right of way, to negotiate a mutually beneficial arrangement that caters for visibility while reversing out of the existing right of way. The intention of this condition is to negate any potential conflict between vehicles accessing and exiting the shared right of way at the rear of the site.

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

74. WA4 - Handling of Waste - No bottle, can or garbage disposal shall take place between the hours of 10.00pm and 8.00am daily.

75. WA5 - Service of trade waste bins must be carried out between 7.00am and 7.00pm weekdays.76. Noise levels emitted from any plant, machinery, mechanical exhaust system or any outdoor air conditioning unit must not exceed the background noise level in any octave band when measured at any point on the boundary of the site.

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

78. EF3 - Annual Fire Safety Statement - The owner of the building must issue an annual fire safety statement in respect of each essential fire safety measure in the building premises and cause a copy of that certificate to be given to Council within 14 days of its receipt by the owner.

The annual fire safety statement must be to the effect that:
The owner of the building must also cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner and as well cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

79. 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 an water efficient manner, for example no hosing of the windows is permitted.

80. ZC11 - Any operation of the business between the hours of 9.00pm and 6.00am requires a separate Development Consent - for more detail refer to Council’s Development Control Plan.

81. 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.

82. ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.83. ZC2 - Only signage that is exempt under Council's Development Control Plan or has consent from Council may be affixed to the building. All signage must comply with Council's Development Control Plan. In particular:
84. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

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

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

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

89. AD4 - WorkCover Authority - For premises which are/will be workplaces a copy of the approved plan to the WorkCover Authority shall be submitted to ensure that the proposal complies with WorkCover requirements. Where factory registration is required by WorkCover, a separate application to Council may be required for a statement of compliance with the egress provisions of the Building Code of Australia. If so it is best to do so as soon as possible. For more details visit www.workcover.nsw.gov.au or call 131050.90. 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.

91. 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 9600.92. 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.93. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

94. AD9 - Construction Zone - You may apply for a construction zone on the roadway adjacent to the site for the duration of the construction work, by way of written application and payment of fees detailed in our Schedule of Fees and Charges.

95. AD10 – Energy Australia - The minimum safe distance from overhead power lines shall be maintained in accordance with the requirements of Energy Australia. For details visit www.energy.com.au.96. 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.

97. 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.

98. 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:· Fire resistance levels of all building elements including walls, floors, columns, roof, etc.
· Fire separation details.
· Protection to wall openings in the building that stand less than 3 metres from the boundary or fire source feature.
· Exit travel distances that complies with the Building Code of Australia.
· Proposed fire safety measures and equipment including smoke alarms to any residential unit, hose reels, portable fire extinguishers, emergency lights, exit signs, etc
· Disabled access that complies with the Premises Standards, the Building Code of Australia and with AS 1428.1.99. 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 refused due to excessive overshadowing and adverse impact on surrounding residents.

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





APPENDIX
Council Report and Resolution - 2 Nov 11 - 108 Stoney Creek Road Beverly Hills.PDFSite & ground floor plan - REVISED - 108 Stoney Creek Road Beverly Hills.PDFSection AA - Elevation plan - REVISED - 108 Stoney Creek Road Beverly Hills.PDFShadow plan - REVISED - 108 Stoney Creek Road Beverly Hills.PDF


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COUNCIL MEETING
Wednesday, 16th May 2012

CCL192-12 PNS - 27 CLARENCE STREET, PENSHURST - DEMOLITION OF THE EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE WITH BASEMENT PARKING AND A SINGLE STOREY CABANA WITH ATTACHED PERGOLA


Applicant

Marjan and Diana Ilov

Proposal

Demolition of the existing structures and construction of a new two (2) storey dwelling house with basement parking and a single storey cabana with attached pergola

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy No 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 3.8 Fences Adjacent to Public Roads, Section 4.1 Single dwelling House, Section 4.6 Outbuildings

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Zivko and Paca Kiprevski

Existing development

Single dwelling house with two (2) detached outbuildings

Cost of development

$450,000.00

Reason for referral to Council

One submission received and variations to DCP 1

Report author/s

Development Assessment Officer, Mr K Kim

File No

12/DA-60

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of the existing dwelling house and all associated structures and the construction of a new two (2) storey dwelling house with a basement garage and a single storey cabana with attached pergola along the rear of the property.

2. The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994 however, it presents some minor variations to Development Control Plan No 1 which involved a 7.3sqm excess floor space and a breach to the overall height of the feature front parapet. These variations are able to be rectified by the imposition of the relevant conditions of consent should this application be approved.

3. The application was notified and one (1) submission was received in reply.


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 dwelling house and all associated structures and the construction of a new two (2) storey dwelling house with a basement garage and a single storey cabana with attached pergola along the rear of the property.

The proposed dwelling is a two (2) storey dwelling house with basement parking comprising four (4) bedrooms, two (2) bathrooms and a study room on the first floor level with two (2) north western front facing balconies to the street and one (1) rear facing verandah with no provisions for privacy screens along both of its side elevations.

Located on the ground floor level are a kitchen, laundry, bathroom facilities, a study room and open plan living areas with two (2) front facing verandahs and an outdoor covered rear facing patio area.

The proposed design is symmetrical in nature, predominantly rectangular shaped with a flat and parapet roof form. It has a well articulated façade via the use of different vertical architectural elements, front entrance portico, various façade setbacks and symmetrical windows and balconies layout.

The proposal also involves provisions for basement garage on the northern side of the site with internal access to the ground floor level. The basement façade is setback from the front building alignment and projects up to 1m from natural ground level at its highest point.

Externally, the proposal has a single storey cabana structure (27sqm in size) with a flat roof form and an attached open pergola to be built at nil boundaries setback extending the full width of the property along the rear boundary. The proposed cabana contains two (2) openable bi-fold doors along its side (north) and front (west) elevations with provisions for a bathroom facility with external access from the front (west) along its side (south) elevation. The rear of the cabana and pergola acts as a masonry rear fence and is 3m in height.

The plans submitted refer to a “retaining wall” in text facing the street with no specific height referenced or elevational views provided. Similarly, the Statement of Environmental Effects provided is silent in relation to any proposed front fencing.

The subject site has a rear to front slope which would allow stormwater to drain via gravity to the street.

DESCRIPTION OF THE SITE AND LOCALITY
The site is an irregular shaped site with a frontage of 15.39m to Clarence Street and an area of 563.6sqm. The site is located on the south eastern side of the street. Existing on the site is a single storey fibro dwelling house with two (2) detached outbuildings.

Adjoining the site to the north east side is a two (2) storey dwelling house. Adjoining the site to the south western side are the rear boundaries of two (2) separate allotments containing single dwelling houses with frontages to Penshurst Street. Located at the rear of the site is one (1) allotment containing two (2) buildings and used as a Place of Public Worship with a frontage to Penshurst Street. The area is generally residential in character.

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

1. Environmental Planning Instruments

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

Clause 14 - Tree Preservation Orders
The site is free from any significant vegetation and the proposal does not require the removal of any trees. Directly in front of the subject site there are two (2) street trees which are to be retained and protected during construction should this application be approved. As such a condition of consent is included to ensure compliance in this regards.

Clause 15 - Services
The site is adequately serviced by the relevant utility services necessary to support residential development. The proposed dwelling can be accommodated over the existing infrastructure. Stormwater is to discharge to the street via gravity.

Clause 22 (2) - Excavation, Filling of Land


The extent of the excavation required for the provision of the basement level and associated crossing is not envisaged to pose any detrimental impact upon soil stability or existing drainage pattern. The proposed basement level is positioned on the low part of the site following the natural contours of the land. The site will discharge all stormwater to the street by gravity.

STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004
In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensures dwellings are designed to use less potable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

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

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

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

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environmental Plan 2011
The proposal remains consistent with the objectives and zoning of the draft Hurstville Local Environmental Plan 2011.

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 3.1 CAR PARKING
Car ParkingStandardProvidedComplies
Single Dwelling House2 spaces for 3 bedrooms or moreTwo (2) car spaces providedYes
The proposal complies with the requirements of Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking.


DEVELOPMENT CONTROL PLAN NO 1 –LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY
The proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. A BASIX certificate satisfying the required score has been provided.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS
The existing fence is a 600mm high masonry retaining wall across the width of the subject site.

The proposal including the Statement of Environmental Effects submitted makes no mention of any proposed new fences however, the proposed site plan maintains the wordings “brick retaining wall” illustrating the front fence.

As such, a condition of consent is included to clarify that no approval is expressed or implied for the construction of a new front fence unless it is constructed within the perimeters of an exempt development otherwise, it shall be the subject of a separate application.

The existing fence allows for natural surveillance and is considered satisfactory to the provisions of this Section of Development Control Plan No 1.

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

Single Dwelling House ControlsStandardProposedComplies
Site Area563.6sqm-
4.1.3.1 – Maximum Floor AreaLess than or equal to 630sqm = 0.55:1 (309.98sqm)317.28sqm 0.56:1No (1) conditioned to comply
4.1.3.2 – Landscaping and Open Space Areas

Principal Private Open Space






Deep Soil Landscaping
Min. 40% of the total site area = 225.44sqm

* Min. 30sqm

* Min. 5m in any direction

* Ground level/behind building line

* Min. 20% of the total site area = 112.72sqm (Min. soil depth = 0.9m and min. width of 2m)

* Site width >12m, Front yard deep soil area = min. 15sqm
Landscaped area = 293.65sqm (52%)

Principal private open space 87.5qm
Minimum dimensions = 7m x 12.5m
Ground level/behind building line

Deep soil landscaping =
127.1sqm 22%
All with min dimension of 2m and 900mm deep

Front yard = 15sqm
Yes


Yes

Yes

Yes


Yes




Yes
4.1.3.3 – Building Height

Max. Ridge Height


Max. Ceiling Height
7.8m to the top of parapet for flat roofs or 9m to the ridge
7.2m above the existing ground level
Up to 9m for one feature parapet only

6.975m
No (2) conditioned to comply
Yes
4.1.3.4 – Setbacks

Front Setback (Building Line)



Side Boundary Setbacks (Basement and Ground Level)/
Eaves

Rear Setback
Min. 4.5m to front wall of dwelling

5.5m to garage

Min. 0.9m to boundary




Min. 3m for ground floor levels
Min 6m for first floor levels
5.5m


5.5m

1.4m-2.3m




13m to both levels at closest point
Yes


Yes

Yes




Yes

Yes
4.1.3.8 – Parking and AccessMin of 2 car spaces for 3 bedrooms or more and 1 space for 1 and 2 bedrooms

All required spaces behind the building line for sites equal to and greater than 12m
2 spaces provided



Both spaces are behind the building line
Yes



Yes
4.1.3.9 – Visual and Acoustic PrivacyWindows offset by 1mAll windows have been generally offset and or obscured. However, a privacy screen is required along north eastern elevation of first floor rear facing balcony and the first floor study and bathroom windows overlook south western adjoining rear yards due to subdivision pattern.Yes (3) conditioned to comply
4.1.3.10 – Solar Design and Energy EfficiencyPrincipal private open space of both subject and adjoining building to receive a min. 3hrs direct solar access between 9am and 3pm in mid-winterAll adjoining private and open spaces will receive the minimum required sunlight Yes
4.1.3.12 – StormwaterTo comply with relevant Council policy, BCA and Australian StandardDischarge is via a gravity system to street gutter Yes
(1) Floor Area

The proposed FSR presents a 7.3sqm variation to the maximum permitted FSR of 55%. Whilst the magnitude of this variation is considered negligible particularly as the proposal complies with the minimum landscaped area required, there is no reasonable justification in this case as the site is not constraint in any way.

Further, no justification was provided by the applicant within the Statement of Environmental Effects submitted.

As such a condition of consent is included to ensure compliance is achieved in this regards.

(2) Building Height
The proposed design introduces a curved parapet feature along the front façade and portion of the southern side of the building at a higher level than the remaining parapet height around the permitters of the building.

It is acknowledged that this element adds to the overall architectural articulation of the building, however, this is not considered reasonable as it introduces a 1.1m variation on a south east to north west oriented site whereby shadow could be affected to some degree.

In addition, the proposal is considered to have the ability to comply whilst maintain this feature parapet which would be only 600mm in height as opposed to its current height of approximately 1.4m at its highest point.

As such, a condition of consent is included to ensure that the highest point of the parapet do not exceed 7.8m from natural ground level at any given point.

(3) Visual and Acoustic Privacy
The proposal generally complies in this regards, however, the two (2) components which were identified to pose a breach of privacy to the adjoining neighbours were as follows:

* The north eastern side elevation of the rear facing first floor balcony was not provided with any privacy screening.


* Three (3) windows along the south western first floor level elevation, which serve the study room and the bathroom overlooks the south western adjoining rear yards of two (2) properties fronting Penshurst Street.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS

OutbuildingsStandardProposalComplies
General Controls:
Complement existing dwelling
* Not adversely impact on amenity of adjoining premises
* Shall be in harmony with adjoining heritage premises
* Where possible maintain trees
* Not considered to pose an adverse amenity impact
* Not within the vicinity of a heritage listed item.
* Does not require the removal of any vegetation
Yes
Size* Outbuildings greater than 80sqm determined by resolution of Council




* Where outbuilding is greater than 55sqm, it must be accompanied by a letter justifying the reasons for the size
Total outbuildings structures including open pergola, and cabana is 71.7sqm and covered patio/BBQ counts for 53sqm

Justification not submitted
Yes






No (1)
LandscapingFor outbuildings associated with single dwelling houses the minimum landscaped area is 40% of site for FSPA Landscaped area = 293.65sqm (52%)Yes
External FinishesAll external finishes and claddings should be of low reflectivityCan be conditionedYes
Height* Maximum 3m from top plate to natural ground level
* Heights in excess of 3m must be accompanied by a letter of justification
* Two (2) storey outbuildings may be approved by resolution of Council where privacy and amenity of adjoining buildings will not be compromised
2.6m to ceiling level and 3.9m to roof



Single storey structure
Yes




Yes
StormwaterStormwater discharge must be in accordance with Council Policy, BCA and ASStormwater discharges to street via gravityYes
Setbacks for Garages, Gyms, Cabanas and ShedsDetached to a dwelling may extend to side and rear boundaries providing:
* Walls built of masonry (brick)
* Designed in accordance with BCA

* No eaves or gutters overhanging any boundary
* Nil side and rear boundary setbacks

* Proposed masonry structure
* Standard condition of consent included to ensure compliance
* No eaves or gutters overhanging any boundary
Yes
Pergolas and SunblindsMay be attached to the dwelling and extending to side or rear boundary or between two dwellings or dwelling and outbuilding providing the walls and roof are not enclosedDetached from the dwelling and attached to cabana with nil boundaries setbacks and roof is openYes
(1) Size of outbuilding

The size of the proposed cabana is 53sqm which is below the specified 55sqm nominal area for outbuildings to provide justifications. However, the proposed attached open pergola for the BBQ area acts as an additional 18.7sqm bring the total area of outbuildings to 71.7sqm and this area is intended to be used for recreational purposes and a condition of consent has been included to ensure that it is not to be used for habitable purposes.

4. Impacts

Natural Environment
The proposal is not considered to pose any detrimental impacts on the natural environment. The site does not contain any significant vegetation and stormwater is designed to discharge to the street via gravity.

Built Environment
The proposal is considered to contribute positively to the existing streetscape by providing a suitable and consistent design. The proposed dwelling is distinctive in terms of its well articulated façade, style and material and the colours provided in the Schedule of Finishes are also considered to be acceptable and well suited to its surroundings.

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

Overshadowing
The orientation of the subject site being south east (rear) to north west (front) in addition to the exiting subdivision pattern whereby the rear yards of two (2) properties fronting Penshurst Street adjoin the side south western boundary of the site have both contributed to a certain degree to some inevitable shadow impact

Nevertheless, although the shadow impact primarily exist due to the site’s orientation, the adjoining properties to the south west will maintain the minimum required solar access to their respective private and open space between the hours of 12noon and 3pm.

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

Social Impact
The proposal does not result in any adverse social impacts.

Economic Impact
The proposal does not result in any adverse economic impacts.

Suitability of the Site
The subject site is suitable for the proposed development. The subject site has no apparent impediments that restrict it from being developed for the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Adjoining residents were notified by letter and given fourteen (14) days to ten (10) individuals from nine (9) properties in which to view the plans and submit any comments on the proposal. There was one (1) submission received in relation to the proposed development.

Footprint
The submission states “this proposed building is considerably larger than the adjacent property that was approved last year. It seems to exceed the land/building ratio specified by Council.”

Comment: The proposal provided 52% of the site area as landscaping, 22% of which is a deep soil component. In this regards the proposal complies. Notwithstanding, the proposed FSR presents a 7.3sqm variation to the maximum permitted FSR of 55%. There is no reasonable justification in this case as the site is not constraint in any way. As such a condition of consent is included to ensure compliance is achieved in this regards.

Privacy
The submission states "Due to the adjacency of the layout and the height of the building (2.5 storeys) the occupants would be looking directly into our backyard and also into the windows of our bathroom and family room which we consider an invasion of privacy.

The developer has proposed a side entrance which again would be adjacent to the back fence of our property. However, as the block is set a little higher than ours, again people walking to and from that side entrance would look directly into my back yard."

Comment: The proposed dwelling is two (2) storeys at any given point as the basement level does not project more than 1m above ground. The windows in question referred to in the submission have also been identified within the impacts assessment as a potential privacy breach. The windows in question are three (3) windows located along the south western first floor elevation where two (2) of which serve a study room and the remaining window serve a bathroom. In this regards, a condition of consent restricting the windows to have translucent glazing was warranted as the existing subdivision pattern lends itself to such scenario where by the subject site adjoins the rear yards of two (2) properties fronting Penshurst Street.

In reference to what is referred to as a “side entrance” this door serves as a side laundry door and has the potential to overlook the adjoining properties due to the proposed elevated floor plate in order to achieve a level platform with a uniform floor level.

To this end and whilst side and rear boundary fences are not under the jurisdiction of Council as they are governed by the Dividing Fence Act, it is considered reasonable and warranted to impose a condition of consent requiring the south western side boundary fence to be no less than 2.4m in height to preserve the privacy of the adjoining neighbours

Side boundary fencing
The submission expresses some concerns relating to previous disputes relating to position of side boundary fencing and also states that “The common fence is in such a bad state of repair that it is a hazard. It is only being held together with chicken wire. We have been trying to get the developer to agree to pay his share to replace the fence for over 10 years. We insist that the fence is to be replaced before any construction work commences.”

Comment: As mentioned above, the installation of a 2.4m high fence is considered reasonable in this scenario to preserve the privacy of adjoining neighbours. Nevertheless, as the privacy breach is primarily a result of the existing subdivision pattern within this area and is no fault of any party, any associated cost of the fencing is governed under the provisions of the Dividing Fence Act accordingly and is considered to be outside the scope of this assessment particularly as this matter appears to have been the subject of previous negotiation.

Purpose of the outbuilding
The submission questions the purpose of the proposed cabana and whether or not the indented use of it is for a self contained dwelling.

Comment: The proposed use of the outbuilding is stated to be a cabana where by two (2) elevations of which are openable via bi-fold doors unto an attached open roof pergola and has access to a bathroom only via the exterior of the structure.

The proposed cabana is not considered to constitute a secondary dwelling in its current form nor is it proposed for that purpose.

A standard condition of consent is also included should this application be approved to prohibit the use of the structure for habitable purposes.

Council Referrals

Tree Management Officer
There were no objections raised subject to the imposition of standard conditions of consent

6. CONCLUSION
The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994 and is considered consistent with Hurstville Draft Local Environmental Plan 2011.

Notwithstanding, it presents some minor variations which involved a 7.3sqm excess floor space and a breach to the overall height of the feature front parapet. These variations are able to be rectified by the imposition of the relevant conditions of consent should this application be approved.

The orientation of the subject site being south east (rear) to north west (front) in addition to the exiting subdivision pattern whereby the rear yards of two (2) properties fronting Penshurst Street adjoin the side south western boundary of the site have both contributed to a certain degree to some inevitable shadow and privacy impacts respectively

Nevertheless, although the shadow impact primarily exist due to the site’s orientation, the adjoining properties to the south west will maintain the minimum required solar access to their respective private and open space between the hours of 12noon and 3pm.

In reference to the privacy impact identified, the relevant conditions of consent have been imposed accordingly requiring the use of translucent glazing to some first floor windows, 2.4m high south western side boundary fencing and 1.8m high privacy screen on the north eastern elevation of the first floor rear balcony.

As such, this application is recommended for approval subject to standard and relevant conditions of consent.

RECOMMENDATION
THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 12/DA-60 for the demolition of the existing structures and construction of a new two (2) storey dwelling house with basement parking and a single storey cabana with attached pergola on Lot 1 DP 942328 and known as 27 Clarence Street, Penshurst, 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
Sheet 2
Received
1 Mar 12
Site PlanMitz Design
Sheet 3
Received
1 Mar 12
Basement Floor PlanMitz Design
Sheet 4
Received
1 Mar 12
Ground Floor PlanMitz Design
Sheet 5
Received
1 Mar 12
First Floor PlanMitz Design
Sheet 6
Received
1 Mar 12
Elevations 1 and 2Mitz Design
Sheet 7
Received
1 Mar 12
Elevations 3 and 4Mitz Design
Sheet 8
Received
1 Mar 12
SectionMitz Design
Sheet 9
Received
1 Mar 12
Outbuilding ElevationsMitz 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

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.(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.
7. TRGl - Tree Preservation Order

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

Demolition Conditions

8. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.9. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.10. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 10sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.11. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority (i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.12. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition. 13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
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.

a) No approval is expressed or implied for the construction of any new front fencing. Apart from fences that are in accordance with the exempt requirements, any new front fencing shall be the subject of a separate application. b) A 1.8m high privacy screen must be installed along the north eastern elevation of the first floor level, rear facing balcony. The material and design chosen for the privacy screen must allow light penetration.c) An arborist report prepared by a qualified individual specifying the appropriate measure of protection for the two (2) street trees located in front of the subject site is required to be obtained and submitted to Council to the satisfaction of Council’s Tree Management Officer prior to the issue of Construction Certificate.d) The south western side boundary fencing must not be less than 2.4m in height beginning from the front building alignment and extending back to the rear building alignment to preserve the privacy of the south western adj