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COUNCIL MEETING

NOTICE OF MEETING
Wednesday, 6th June 2012


Thursday, 31 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, 6th June 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, 6th June 2012

ITEMS


CCL225-12 MINUTES: COUNCIL MEETING - 16/05/2012 (09/1229)CCL226-12 MINUTES: EXTRAORDINARY COUNCIL MEETING - 30/05/2012 (09/1229)CCL227-12 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING (09/2339)CCL228-12 PK - 18 BALLANTYNE ROAD, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE INCLUDING A FRONT FENCE, A SWIMMING POOL AND A CABANA (12/DA-37)CCL229-12 PK - 7 BELMORE ROAD, PEAKHURST - ALTERATIONS AND ADDITIONS TO DWELLING – GROUND AND LOWER GROUND ADDITIONS (12/DA-14)CCL230-12 PROPOSED AMENDMENT TO HURSTVILLE CITY CENTRE DEVELOPMENT CONTROL PLAN NO. 2 (08/1087-1)CCL231-12 2011/12 SYDNEY CRICKET ASSOCIATION INC TORO FIRST GRADE GROUND OF THE YEAR COMPETITION (10/54)CCL232-12 THE AVENUE ROAD UNDERPASS, HURSTVILLE - TRANSFER OF LAND FROM RAILCORP TO HURSTVILLE CITY COUNCIL (08/1889)CCL233-12 INVITATION - RED SHIELD APPEAL CHARITY FUNDRAISER (10/2339)CCL234-12 OUTSTANDING QUESTIONS WITH NOTICE (09/1229)CCL235-12 WEBBS DAM TENDER ASSESSMENT (12/850)QWN027-12 LEGAL ADVICE USED TO ANSWER RESCISSION MOTION QUESTION IN RELATION TO 8 CROFTS AVENUE, HURSTVILLE (09/1229)QWN028-12 SENIOR STAFF REMUNERATION (09/1229)QWN029-12 RESPONSE TIME ON CORRESPONDENCE IN 2010-2011 (09/1229)QWN030-12 STAFFING PROFILE (09/1229)
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COUNCIL MEETING
Wednesday, 6th June 2012



CCL227-12

MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING

Report Author/s

Internal Auditor, Mr J Alburo

File

09/2339

Reason for Report

For information

Existing Policy?

No

New Policy Required?

No

Financial Implications

Yes, within existing program budget

Previous Reports Referenced

No



EXECUTIVE SUMMARY

The Council's Audit and Risk Management Committee held its quarterly meeting on 7 May 2012. The independent Chairperson, Mr. Bryce McNair, has submitted a covering letter and minutes of the meeting for Council's consideration.


AUTHOR RECOMMENDATION

THAT the minutes of the Audit and Risk Management Committee meeting held on 7 May 2012 be received and noted.


REPORT DETAIL

The Audit and Risk Management Committee held its quarterly meeting on 7 May 2012.

The independent Chairperson, Mr. Bryce McNair, has submitted the following letter and attached minutes of the meeting for Council's consideration:

On behalf of the Audit & Risk Committee, I am pleased to transmit the draft Minutes of the meeting held on 7th May 2012.

The Committee noted Council’s agreement to change the name and Charter of the Committee to include risk management and put in place administrative measures to reflect the new emphasis.

The Committee considered progress on the execution of the annual Audit Plan and on the implementation of the recommendations of internal audit reports and formed the view that the internal audit function is well managed, well-resourced and supported by Council management.

This view was confirmed by the Annual Audit Review conducted by the independent Chair of the Committee which was based on surveys collected from the Internal Auditor, the members and regular invitees to Audit and Risk Committee meetings and the “customers” of the process – the line managers whose areas have been investigated during the year.

Should Council have questions about the Committee’s work, I would be happy to provide further information.


This report is now submitted for Council's consideration.




RESOLUTION - CCL

THAT the minutes of the Audit and Risk Management Committee meeting held on 7 May 2012 be received and noted.

(Moved Councillor A Istephan / Seconded Councillor N Liu)





APPENDIX
Minutes of Audit Committee Meeting - 7 May 2012 V2 _BM_.pdf


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COUNCIL MEETING
Wednesday, 6th June 2012

CCL228-12 PK - 18 BALLANTYNE ROAD, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE INCLUDING A FRONT FENCE, A SWIMMING POOL AND A CABANA


Applicant

Van Janevski

Proposal

Demolition of existing structures and construction of a new two (2) storey dwelling house including a front fence, a swimming pool and a cabana

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 (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 Houses, Section 4.6 Outbuildings. Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Mr Jeff Raymond Robson

Existing development

Part 1 part 2 storey dwelling house

Cost of development

$480,000.00

Reason for referral to Council

Variation to DCP 1 and two submissions received

Report author/s

Development Assessment Officer, Mr R Guirguis

File No

12/DA-37

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing structures onsite and construction of a new two (2) storey dwelling house including a front fence, a swimming pool and a cabana.

2. The subject site is considered to be constraint by a sharp embankment from front to rear in the order of 3m within a space of 1.5m and progressively sloping further to the rear by approximately 4m.

3. The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994 however, it presents a variation to Development Control Plan No 1 in reference to the maximum height requirement for flat roofed dwellings.

4. The application was notified to twelve (12) adjoining properties for fourteen (14) days and two (2) submissions were 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 existing structures onsite and construction of a new two (2) storey dwelling house including a swimming pool and cabana to the rear

The proposed dwelling is part one (1), part two (2) storey dwelling where at grade access from street level leads directly into the first floor level which for the purpose of clarity be referred to as the “upper floor level” and the ground floor level which leads to the rear yard would be referred to as the “lower ground floor level”.

The upper floor level consists of a double garage, an entry foyer with stair case leading down, a sitting room directly adjacent to the entry foyer and four (4) bedrooms and three (3) bathrooms where the master bedroom positioned to the rear of the dwelling with access to a rear facing balcony to the west.

The lower ground floor level contains a study room, theatre room, laundry, a bathroom, kitchen, dining and a living area with direct rear access unto a covered patio area.

The rear facing patio area overlooks the proposed 8m by 3.5m swimming pool followed by a cabana outbuilding with provisions of an outdoor toilet located along the northern side of the site with open sides and approximate dimensions of 5m by 5m.

The remainder of the site is proposed to be turfed extending approximately a further 11m to the rear where it adjoins Hurstville Golf Course. A 1m high masonry front fence is proposed extending back along the side boundaries up to the front building alignment.

The proposed dwelling is a single storey dwelling from the street elevation and two (2) storey from the rear where the land experiences a sharp embankment in the order of 3m in a space of 1.5m which resulted in a breach in height from a maximum of 7.8m for flat roofed dwellings to 9m as proposed.

Otherwise, the proposed development complies in full numerically and objectively and seeks to retain one (1) street tree (Brushbox) where the proposed design was amended to ensure the retention of the subject tree.

DESCRIPTION OF THE SITE AND LOCALITY
The site is a rectangular shaped site with a frontage of 13.715m to Ballantyne Road Mortdale and an area of 752.4sqm. The site is located on the western side of the street. Existing on the site is a part one (1), part two (2) storey dwelling house

Adjoining the site to the north and south sides are also part one (1), part two (2) storey single dwelling houses where all of which adjoin Hurstville Golf Course from the rear. The site is located within the Foreshore Scenic Protection Area and is generally residential in character.

The subject site is considered to be constraint by a sharp embankment from front to rear in the order of 3m within a space of 1.5m and progressively sloping further to the rear by an additional 4m.

There is a main sewer line traversing across the site approximately 21m east (towards the front) of the rear boundary and the site also contains class 5 acid sulphate soils.

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 proposal seeks to retain a street tree (Bottlebrush) following amended driveway design to ensure retention is achieved. There is no more vegetation on site that requires removal or of any significance.

The proposal is not considered to impact on soil stability or result in land degradation. The existing scenic environmental amenity is sought to be preserved and enhanced by the introduction of additional landscaping as part of the proposal. The proposal is not considered to have any detrimental impact on the vegetation systems and natural wildlife habitats.

Clause 15 - Services
The site is adequately serviced by the relevant utility services necessary to support residential development. The proposed dwelling can be accommodated over the existing infrastructure.

All stormwater is proposed to drain to the Hurstville Golf Course to the rear via gravity.

In this regards, specific conditions of consent have been added should this application be approved to control the amount of discharge into the golf course via the provision of an OSD. Further conditions have also been imposed regarding erosion and sediment control and stormwater runoff to prevent any possible land degradation.

Although the golf course is Council owned land, guidelines for developments adjoining Department of Environment and Climate Change land in terms of stormwater discharge have implemented in this case as guidelines for assessment.

Clause 19B – Foreshore Scenic Protection Area
Council cannot grant consent to the carrying out of development on land within a Foreshore Scenic Protection Area unless consideration has been made of the following.
Comment: In respect to sub-clause 4(a), the subject site will not be seen from the waterways or adjacent foreshore areas.Comment: In respect to sub-clause 4(b), the proposal does not have potential to impact on any views from adjoining properties. Comment: In regard to sub-clause 4(c), the proposed excavation necessary for the development is not considered to pose any detrimental environmental impact as it seeks to utilise the natural contours of the land. The proposal is not considered to have any detrimental impact on the natural topography, canopy vegetation, or any other significant vegetation. Comment: In respect to sub-clause 4(d), the proposed layout will retain landscaped open space on the site. The proposed design and construction materials chosen are considered compatible and consistent with the existing character of the Street and the locality.

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

Clause 22 (2) - Excavation, Filling of LandThe excavation required for the dwelling and associated works is not envisaged to pose any detrimental impact upon soil stability or existing drainage pattern subject to the attainment of the appropriate geotechnical report upon construction.

The site will discharge all stormwater to the rear adjoining golf course by gravity due to the steep slope in the land. Specific conditions of consent have been added to control the flow of discharge and prevent any land degradation from occurring. The effect of the proposed works is unlikely to impact adversely on the future redevelopment of the land.

Clause 22 (A) – Development on Land identified on the Acid Sulphate Soils Map
Clause 22A of the Local Environmental Plan requires the consent authority to consider the impact where works takes place within 100 metres of adjacent Class 2 or 3 lands which are likely to lower the watertable to any point below 1 metre AHD on adjacent Class 2 or 3 lands.

The property has been identified as potentially containing Acid Sulphate soils, however as outlined above soil stability in the locality shall be the subject of a geotechnical report to be obtained at Construction Certificate stage should this application be granted consent as part of the standard conditions of consent.

The entire site is affected by Class 5 acid sulphate soils. However, the land as indicated on Council’s Acid Sulphate map extends from beyond the site’s rear boundary towards the golf course maintaining its Class 5 classification and is greater than 100m away from adjacent Class 2 or 3.

In this regards the nearest adjacent Class 2 land is located well beyond the 100 metres west of the proposal. The construction works necessary for the proposal will wholly be contained within the affected Class 5 land which constitutes the entire site and beyond into the golf course. This is considered to be highly unlikely to lower the water table particularly as the method of its construction requires the building to be elevated due to the slope which in return, will result in minimal excavation works.

Further, the proposal in its current form will not require boring or tunnelling of the site. As such the proposal is considered to be satisfactory to the provisions of this clause.

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

STATE ENVIRONMENTAL PLANNING POLICY (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
DevelopmentStandardProvidedComplies
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 proposed fence is a 1m high masonry fence across the site’s frontage and extending along both side boundaries to the front building alignment. The proposed fence will allow for natural surveillance and is considered satisfactory to the provisions of this section.

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

Single Dwelling House ControlsStandardProposedComplies
Site Area752.4sqm-
4.1.3.1 – Maximum Floor AreaGreater than 630sqm and less or equal to 100sqm = 0.50:1 (383.22sqm)372.05sqm 0.49:1 including cabana areaYes
4.1.3.2 – Landscaping and Open Space Areas

Principal Private Open Space





Deep Soil Landscaping
Min. 45% of the total site area = 338.58qm

* Min. 30sqm

* Min. 5m in any direction

* Ground level/behind building line

* Min. 25% of the total site area = 188.1sqm (Min. soil depth = 0.9m and Min. width of 2m)

* Site width >12m, Front yard deep soil area = Min. 15sqm
Landscaped area = 416.83sqm (55%)

Principal private open space 102qm
Minimum dimensions = 17m x 6m
Ground level/behind building line

Deep soil landscaping = 209sqm 27%
All with min dimension of 2m and 900mm deep

Front yard = 24sqm
Yes


Yes

Yes

Yes


Yes




Yes
4.1.3.3 – Building Height

Max. Ridge Height


Max. Ceiling Height
7.8 m to the top of parapet for flat roofs or 9m to the ridge
7.2m above the existing ground level
Up to 9m within centre of building to parapet

7.2m
No (1)


Yes
4.1.3.4 – Setbacks

Front Setback (Building Line)



Side Boundary Setbacks (Basement and Ground Level)/
Eaves

First floor side setback
Rear Setback
Min. 4.5m to front wall of dwelling

5.5m to garage

Min. 0.9m to boundary




Min 1.5m

Min. 3m for ground floor levels
Min 6m for first floor levels
6m


5.5m

900mm-1.2m




1.5m

10.8m to cabana at closest point
Yes


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

Carports and garages are not permitted forward of the building line in a new building
2 spaces provided



Both spaces are behind the building line



None proposed forward of the building line
Yes



Yes




N/A
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 and provided along northern and southern elevation of upper floor rear facing balcony and lower ground floor patio and swimming pool area due to the slope in the land.Yes
4.1.3.10 – Solar Design and Energy EfficiencyPrincipal private open space of both subject and adjoining building to receive a min. 3hrs direct solar access between 9am and 3pm in mid-winterAll adjoining private and open spaces will receive the minimum required sunlight despite the sites east west type orientation. This is achievable due to the front to rear slope in the land.Yes
4.1.3.12 – StormwaterTo comply with relevant: Council policy, BCA and Australian StandardDischarge is by gravity to rear adjoining golf course via an OSD subject to conditions of consentYes
(1) Building Height

There is an embankment in the land across the subject site sloping from front to rear in the order of 3m within a space of 1.5m where the land begins to progressively slope further to the rear by an additional 4m. Hence, the proposed design being a single storey from street elevation and two (2) storeys from its rear elevation.

This has resulted in a breach in overall height of the proposed dwelling in this section whereby a variation is sought in regards to the maximum permitted height of 7.8m to top of parapet in flat roofed dwellings. Whilst, the proposal is 9m in this regards, this breach is limited to a rectangular area centre of the dwelling that is 3.6m wide by 9.8m long.

Without this design rational, the dwelling would not be able to achieve a minimum of 2.4m floor to ceiling height at its front section as it should to satisfy the provisions of the Building Code of Australia.

Further, whilst the proposal may be in breach of the 7.8m height limit the following should be noted:

* The overall height does not exceed the 9m which would comply had the roof design been pitched type however, in this case a pitched roof type would result in completely eliminating the upper floor level limiting the development to staggered single storey design possibly with stairs or lift access.

* A pitch roof design would also result in a higher building when viewed from the street.

* The proposed dwelling is a single storey dwelling from the front elevation and when viewed from the street.

* The subject site adjoins Hurstville Golf Course from the rear hence not posing any detrimental privacy impact in this regards.

* The proposed development in general complies in full numerically in all other aspects.

* The proposed is predominantly consistent with the existing character in its locality and the existing dwelling onsite proposed to be demolished.

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

    Outbuildings
StandardProposalComplies
    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 cabana area is 27.04sqmYes
    Landscaping
For outbuildings associated with single dwelling houses the minimum landscaped area is:

· 45% of site for FSPA
Landscaped area = 416.83sqm (55%)Yes
    External Finishes
All external finishes and claddings should be of low reflectivityAll external finishes and claddings are of low reflectivityYes
    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
Generally 2.6m to ceiling level with exception to its south western corner where it is 3.6m


Single storey structure
Yes (1)





Yes
    Stormwater
Stormwater discharge must be in accordance with Council Policy, BCA and ASStormwater discharges to rear adjoining golf course via gravity subject to conditions of consentYes
    Setbacks for Garages, Gyms, Cabanas and Sheds
Detached 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
· 900mm from northern side and 10.8m from rear western boundary

· Proposed masonry structure
· Standard condition of consent included to ensure compliance
· No eaves or gutters overhanging any boundary
Yes
(1) Height

The height of the outbuilding exceeds the recommended 3m height control by 600mm from the south western corner of the structure only where the land is at its lowest topography. This variation is considered negligible given the site’s steep topographical conditions.

In addition the subject outbuilding is a single storey structure which would not result in any detrimental shadow impacts or privacy impacts for that matter as the proposal provides an 18m long by 1.8m high along the northern side boundary to the extent of the rear patio area, the swimming pool area and the subject cabana outbuilding.

As such this variation is supported.

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

Swimming Pools and SpasStandardProposalComplies
Pool SittingInground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possible1m above NGL from the western side due to slope in land
Yes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary2.5m-3.1mm from the northern and southern boundaries
Yes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing1m
Yes
FillingFilling of land between pool and property boundary is not permittedCan be conditioned
Yes
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursPosition of filter will be conditioned to be a minimum of 5m away from any adjoining dwelling
Yes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926A child resistant barrier is achieved around the perimeter of the swimming pool.
Access is via a single gate on the eastern side of the fence. Standard conditions of consent are included regarding child resistance devices and standards of construction.
Yes
Fencing and GatesThe location of fencing for private swimming pools must comply with one of the following options:
- Option A
- Option B
- Option C
Option A– No direct access to the swimming pool area from the building
Yes
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing,

- 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.
1.2m high swimming pool fence above finished floor level.


A standard condition of consent has been imposed to ensure that all these requirements are met during construction.
Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceA standard condition of consent has been imposed to ensure compliance
Yes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingA standard condition of consent has been imposed to ensure compliance
Yes
As can be seen from the table above, the proposal complies with Section 5.9.


4. Impacts
Natural Environment
The proposal seeks to retain the street tree and replant additional vegetation around the site, there is no vegetation proposed to be removed as a result of the proposal.

Further, specific conditions of consent have been added should this application be approved to control the amount of discharge into the golf course via the provision of an OSD. The proposal in this regards is considered to pose minimal impact upon the natural environment.

Built Environment
The subject site contains a steep slope from front to rear in the order of 7m in total whereby 3m of which are encountered within a space of 1.5 linear metres towards the front.

Despite the land topography the proposal has maintained a single storey dwelling when viewed from the street which is consistent with the adjoining development.

Similarly, the proposal still achieves the minimum required solar access to the adjoining properties despite its predominant east to west orientation.

The proposed design also allows for adequate cross ventilation and solar access to the subject development itself.

Further, provisions have been made for privacy screens along the northern side boundary fencing to prevent any possibility of overlooking that is created as a result of the slope in the land.

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

As such, the proposal in its current for is not considered to pose any detrimental impacts upon the built environment.

Social Impact
There are no adverse social impacts.

Economic Impact
There are no adverse economic impacts.

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

The site is affected by Class 5 acid sulphate soils however, given the type of the development, the proposal does not require any tunnelling or any extent of excavation that is unlikely to lower the water table or pose any detrimental impacts that would render the subject site as unsuitable for the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Notification has been extended to twelve (12) adjoining properties and two (2) submissions were received in reply. The concerns outlined in the submissions and their respective comments are discussed as follows.

Height

Comment: Detailed discussion in reference to the height of the proposed dwelling is included in this report under the heading of “Height to top of parapet” following the Development Control Plan No 1 - LGA Wide - Section 4.1 Single Dwelling House compliance table. Although the proposal seeks to vary Council's controls, on merit it has no impacts and is due to site specific constraint.Process of construction and demolitionComment: All of the above concerns are governed by specific conditions of consent which are included in this report should this application be approved. In particular conditions relating to asbestos removal, road opening and reinstatement of kerb and gutter and a detailed erosion and sediment control plan are also requirement at Construction Certificate stage.

Privacy
The concerns in the submission referred to lack of privacy screens along sides of the proposed upper floor balcony and questioned the dimensions of the first window from the rear along the northern elevation

Comment: The subject window in question is 2.7m wide by 700mm high. This window is considered to be a highlight window as it has a 1.6m bottom sill level from the finished floor level which would limit a direct line of sight from a standing position. In addition the room of which it serves is a bedroom and bedrooms are generally considered to be low traffic areas where no detrimental privacy impacts is envisaged particularly when the distance of separation from dwelling to dwelling in the vicinity of the window is 2.5m and it adjoins a neighbouring balcony. In this regards, this window is not considered to pose any detrimental privacy impacts.

Notwithstanding the above and in reference to the provisions of side privacy screens, the proposal did present a privacy impact from its rear facing upper floor level balcony and similarly along the northern side boundary at the lower ground floor level where the proposed patio, swimming pool area and cabana are located. This overlooking impact is considered inevitable due to the steep front to rear slope experienced by the land and its adjoining neighbouring properties all alike.

As such, the applicant was requested to amend the design to reflect solid fin walls acting as privacy screens extending the full depth of the upper floor rear facing balcony along both its northern and southern sides elevations in addition to a 1.8m high by 18m long privacy screen is placed along the northern side boundary adjacent to the proposed rear facing patio, swimming pool and cabana areas. This privacy screen is conditioned as part of the conditions of consent to have its 1.8m height measured from the proposed finished floor level of the patio area being (FFL 14.170) so as to provide a 1.8m line of sight barrier from a standing position.

The proposal has since been amended to reflect the above changes accordingly and no further privacy concerns are identified in the design.

Council Referrals

Development Engineer
No objections were raised subject to compliance with specific conditions relating to discharge of stormwater into Hurstville Golf Course.

Tree Management Officer
No objections were raised subject to imposition of standard conditions of consent relating to the protection of the Street tree located in front of the subject site.

6. CONCLUSION
The proposal is considered satisfactory to the provisions of the Local Planning Instruments however; it presents a variation to the controls in reference to its overall height being in breach of the maximum height specified for flat roofed dwellings (7.8m). Given, that the site is constrained by a sharp embankment that drops approximately 3m in height in a space of 1.5m, this variation is considered minor particularly as it does not pose any detrimental impacts on the adjoining properties including overshadowing.

In addition, the proposal resembles many of the adjoining designs including the existing dwelling onsite proposed to be demolished in terms of its heights.

Similarly, some privacy concerns were identified in the proposed design, also due to this slope, which have been the subject of design amendments through the course of the assessment, and the imposition of the relevant conditions of consent to preserve the privacy of the adjoining properties.

In summary, the proposal is considered reasonable in its current form given the site’s constraint and is therefore supported.

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-37 for the demolition of existing structures and construction of a new two (2) storey dwelling house including a front fence, a swimming pool and a cabana on Lot 68 DP 13827 and known as 18 Ballantyne Road Mortdale, subject to the attached conditions:1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

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

Plan Number
Plan Date
Description
Prepared By
DA01 Issue B
21 May 12
Site PlanVan Janevski
DA02 Issue B
21 May 12
Upper Floor PlanVan Janevski
DA03 Issue B
21 May 12
Lower Floor PlanVan Janevski
DA04 Issue B
21 May 12
East and North ElevationsVan Janevski
DA05 Issue B
21 May 12
West and South ElevationsVan Janevski
DA06 Issue B
21 May 12
Section AAVan Janevski
DA012
10 Feb 12
Landscape PlanVan Janevski
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98E 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
$2,449.94
Construction Certificate Application Fee
CC1
$1,654.70
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) The proposed solid fin walls located along the northern and southern elevations of the proposed upper floor, rear facing balcony must extend the full depth of the subject balcony to preserve the privacy of the adjoining neighbours. The method of installing vertical louvers to that particular location as privacy screens is considered inadequate to prevent overlooking into the adjoining properties private open spaces. The extended portion of the abovementioned fin walls may contain provisions for highlight windows to allow light penetration. Any highlight window must be placed at a height of no less than 1.8m above the finished floor level of the balcony (FFL 17.92).b) The proposed privacy screen shown as heavy black line on Plan No. DA03 titled “Lower floor plan” dated 21 May 2012 (Issue B) and prepared by Mr Van Janevski, shall be 1.8 metres in height when measured from the proposed finished floor level of the patio area being (FFL 14.170) so as to provide a 1.8m line of sight barrier from a standing position. This privacy screen shall also extend (as illustrated in the above mentioned plan) the full extent of 18 linear metres along the site northern side boundary and adjacent to the patio, swimming pool, and cabana areas.c) The street tree located directly in front of the subject site identified as (Lophostemon confertus) or commonly known as brush box shall be retained and protected during construction. Methods relating to its protection shall be prepared by a qualified horticulturalist to the satisfaction of the Council’s Tree Preservation Officer.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 who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) swimming pool design
(h) retaining walls
(i) stabilizing works
(j) structural framework20. 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 all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

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

(b) 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.

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

22. BC5 - Bulk excavation or filling levels - The bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.23. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate application.

24. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.25. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.26. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.27. DR1 - Stormwater System - Where stormwater enters Council’s Reserve (Hurstville Golf Course), 'best practice' stormwater treatment measures are to be utilised to maximise:
28. DR5 - Box Drain - A means of preventing water from pathways and access drives entering the road reserve as surface flow by means of a box drain with 300mm wide grate and frame, or similar, must be installed to collect the surface water and direct it to a Stormwater pit.

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

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

31. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.32. 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; and
(d) Protection of the Environment Operations Act 1997.
33. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.34. BC1 - Construction Certificate - No work shall commence until you:

35. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
36. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.

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

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

or telephone 13 20 92.

41. 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. 42. 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).43. 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.44. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

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

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

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

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

46. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 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.

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

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

49. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out 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. 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.
62. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the Occupation Certificate.

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

64. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 415225S dated 10 February 2012, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

65. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by a private contractor (subject to Council approval).
66. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.67. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).68. SP4 - Pump Hours - The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:69. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.

70. 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. Before utilising any existing on site stormwater drainage infrastructure its location is to be determined and workability assessed with any necessary rectification work attended to by a Registered Plumber and Certification provided prior to issue of an Occupation Certificate.75. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

76. 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.
77. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

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

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

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

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

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

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

86. If you need more information, please contact Development Assessment Officer 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 Councillor V Badalati / Seconded Councillor P Sansom)





APPENDIX
Elevation - 18 Ballantyne Rd Mortdale.PDFStormwater Concept Plan - 18 Ballantyne Rd Mortdale.PDFShadow Diagrams - 18 Ballantyne Rd Mortdale.PDFSite Plan - 18 Ballantyne Rd Mortdale.PDF


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COUNCIL MEETING
Wednesday, 6th June 2012

CCL229-12 PK - 7 BELMORE ROAD, PEAKHURST - ALTERATIONS AND ADDITIONS TO DWELLING – GROUND AND LOWER GROUND ADDITIONS


Applicant

MSB Design Pty Ltd

Proposal

Alterations and additions to dwelling – ground and lower ground additions

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, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Kathryn and Steven Hill

Existing development

Part one and part two storey dwelling house

Cost of development

$350,000.00

Reason for referral to Council

Variations to DCP 1

Report author/s

Development Assessment Officer, Mr K Kim

File No

12/DA-14

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal seeks approval for ground and lower ground additions and a new garage to the front of the existing dwelling situated on a battleaxe allotment.

2. The proposal seeks variations to the minimum side setback of garage and maximum ridge and ceiling heights allowed under the single dwelling controls of Development Control Plan No 1 - LGA Wide.

3. The subject site is located within the Foreshore Scenic Protection Area, Bush Fire Prone and Buffer Zone and is affected by a Foreshore Building Line – measured 30m from the Mean High Water Mark.

4. No submissions were received in relation to this application.


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 ground and lower ground additions and a new garage to the front of the existing dwelling. In detail, the proposal is to contain the following building works:

Dwelling (Ground floor level)
* Internal alterations to the existing ground floor living areas to accommodate a new front porch, entry foyer, study, enlarged master bedroom with an ensuite bathroom, enlarged kitchen and internal stairs to the lower ground floor level.

* A new living/dining room is proposed to the rear of the ground floor living areas with an additional floor area of 43.55sqm. This newly created living/dining room has setbacks ranging from 1.2m to 1.3m from the southern side boundary of the site.

* New windows and doors are proposed mainly towards the front and rear of the dwelling with the exception of three (3) high-light windows to the existing northern wall of the enlarged bedroom and ensuite bathroom.

* A new covered outdoor dining with a barbeque area is proposed to the rear of the ground floor living area.

Dwelling (Lower ground floor level)
* A new laundry is proposed to the northern side of the existing storeroom.

* The rear portion of this level is to be extended towards the rear yard with a new rumpus with a balcony, three (3) bedrooms and bathroom. This results in an additional floor area of 69.76sqm.

* The newly created bedrooms are to have setbacks of 1.2m and 1.4m from the southern side boundary and northern side boundary, respectively.

Garage
* A double garage is proposed over the existing concreted area/open car parking spaces to the front of the dwelling. An internal doorway is also proposed for the attached garage from the dwelling.

* The proposed garage has a frontage of 5.6m, length of 6.56m and has a ceiling height of 3.9m from the existing ground level, which matches the existing ceiling level of the dwelling.

* A 0.96m setback is proposed from the northern side boundary and has 0.1m setback from the eastern side boundary. A rear door access and landing with a 1.8m high privacy screen are proposed to the northern side of the garage.

* Vehicular access is via the existing access handle for the battleaxe site, which is located on the south eastern side of the site.

No other changes have been proposed to the existing landscaped areas on the site or within the 30m foreshore building line from the waterway, Salt Pan Creek to the rear/west of the site.

DESCRIPTION OF THE SITE AND LOCALITY
The subject site is located on a battleaxe allotment and is irregular in shape with a width of 18.9m and an average depth of 76.2m. The subject site has an area of 1445.44sqm without the 99m long access handle from Belmore Road.

The site falls steeply from the street to the Salt Pan Creek at the rear. This fall is made up of rock shelves and a retaining wall running across the mid-section of the rear yard. There are a number of trees within the rear yard, which are not affected by the proposal.

Existing on the site is a part one (1) and part two (2) storey dwelling with two (2) open car parking spaces to the front of the dwelling. There is an existing sewer line running across the site within the rear yard.

The subject site is adjoined by a two (2) storey dwelling to the south (5 Belmore Road) at a higher level than the subject dwelling with this neighbour’s garage being located closest to the common boundary. The two (2) storey dwellings (13 and 13A Belmore Road) to the north are set at a lower level than the subject dwelling.

The subject site is located within Foreshore Scenic Protection Area and is identified as a Bushfire Prone Land. The area is generally residential in character within the Foreshore Scenic Protection Area.

COMPLIANCE AND ASSESSMENT
In respect to Section 79BA(1)(b) of the Environmental Planning and Assessment Act 1979 - ‘Consultation and Development Consent - Certain Bush Fire Prone Land’, the application was accompanied with a bush fire risk assessment report and was certified by an accredited bush fire consultant (prepared by Building Code and Bushfire Hazard Solutions Pty Ltd and dated 11 May 2012). Accordingly, the proposal is seen to comply with this clause of the Environmental Planning and Assessment Act 1979 (as amended).

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

1. Environmental Planning Instruments

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

Clause 14 – Tree Preservation Orders
There are no trees affected by this proposal.

Clause 15 – Services
Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land.

Stormwater, including the rainwater tank overflow, is proposed to be disposed by gravity to Salt Pan Creek via a silt arrestor pit. Council’s Development Engineer has reviewed the proposed drainage system and raised no objection subject to the drainage condition attached to the recommendation.

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

Clause 19 – Foreshore Building Lines
No works are proposed within the 30m Foreshore Building Line.

Clause 19B – Foreshore Scenic Protection Area
The site is located within the Foreshore Scenic Protection Area and as such Council must consider the objectives of this clause, notably.

Comment: The appearance of the proposed development is considered acceptable from both the waterway, Salt Pan Creek and adjacent foreshore areas.

This has been achieved by keeping the majority of the landscaped rear yard unchanged and providing a distance/rear setback of 54m for the proposal from the edge of the waterway, which is some 24m behind the 30m foreshore building line and the rear alignment of the northern adjoining property at 13A Belmore Road (this neighbouring property has been built up to the 30m foreshore building line).

In addition the rear elevation of the dwelling appears to be ‘open’ with the balcony balustrades and is of lightweight wall construction with weatherboard cladding. Hence the proposal does not significantly increase the visual mass of the dwelling, when viewed from the edge of the waterway at a lower level.
Comment: The proposed development is not likely to impede the views from the adjoining properties to the waterway, Salt Pan Creek. This is because neither the northern adjoining property at 13 Belmore Road or the southern adjoining property at 5 Belmore Road has a water view through the subject site, the only possible views of the water way from these properties are mainly oriented westerly, which is directed away from the subject property.

Comment: The proposal is not considered to have any adverse impact on the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation on the foreshore. The proposal includes suspended slab construction for the building platform of the dwelling, which minimises the need for excavation of land or existing rock formation.
Comment: The design of the proposed development is not considered to have adverse impact on the character of the locality for the following reasons:

PHYSICAL IMPACTS – PRIVACY AND OVERSHADOWING

* Privacy – the proposal is not likely to have any adverse privacy impact on the adjoining properties with the provision of high-light windows and privacy louvres for the covered outdoor dining area (as conditioned).

* Overshadowing – the proposal allows a minimum of 3hrs to private open space and windows to habitable rooms on the adjoining properties.

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

VISUAL IMPACT FROM SALT PAN CREEK

As previously noted, the appearance of the proposed development is considered acceptable, given the visual buffer/distance of the dwelling from the Salt Pan Creek and lightweight wall construction chosen for the rear elevation of the dwelling.

SELECTION OF MATERIALS

The selected materials for the proposal consist of metal roof sheeting and weatherboard cladding and painted brickwork for the external walls of the dwelling. These selected materials are considered to respond sympathetically to the character of the existing dwelling and surrounding developments.

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

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

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 drainage conditions attached to the recommendation.

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

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

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

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 ensure dwellings are designed to use less portable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

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

2. Draft Environmental Planning Instruments

Draft Hurstville Local Environment Plan 2011
The subject application was lodged prior to the exhibition period of the Draft Hurstville Local Environment Plan 2011, which commenced on 23 January 2012.

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:

Fire safety standards for construction and compliance with the NSW RFS’s document - Planning for Bush Fire Protection 2006 and AS 3959 – 2009 ‘Construction of buildings in bushfire prone areas’ apply to the construction of any structures affected by the proposal.

3. Development Control Plans

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

DevelopmentRequirementsProvidedComplies
(Residential) Single dwelling House2 spaces for 3+ bedroomsExisting: 2 x open car parking spaces

Proposed: Double garage
Yes


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

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No 1 – LGA Wide.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES
The extent to which the proposed development complies with the single dwelling house controls is outlined in the table below.

Single Dwelling House ControlsStandardProposedComplies
Site Area1445.44sqm
Yes
4.1.2.1 – Site AnalysisExisting site constraints:
* Irregular shaped lot
* Slope
* Orientation of the existing dwelling
* Battle-axe site with access handle from Belmore Road
* Significant vegetation natural rock outcrops
4.1.3.1 – Maximum Floor AreaSite area 1500sqm ≥ 1000sqm
Max. GFA = (1445.44sqm – 1000) x 0.3 + 457.5 = 546.59sqm
GFA = 248.64sqm
Yes
4.1.3.2 – Landscaping and Open Space Areas



Principal Private Open Space





Deep Soil Landscaping
Landscaped Area –
Site area (FSPA)
Min. 45% of the total site area = 650.45sqm

* Min. 30sqm



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

* Min. 25% of the total site area
= 361.36sqm (Min. soil depth of 0.9m and Min. width of 2m)


* Site width >12m: Front yard deep soil area =
Min. 15sqm
Landscaped area = 1100.2sqm or 76%



Principal private open space = more than 1000sqm (rear yard up to the mean high water mark)
Dimensions = 19m x 56m
Yes

Deep soil landscaping =
More than 1000sqm (rear yard up to the mean high water mark)

Front yard:
Existing = none (driveway and open car spaces)
Proposed = none (driveway and garage)
Yes



Yes



Yes
Yes

Yes




Yes (existing site condition)
4.1.3.3 – Building Height

Max. Ridge Height

Max. Ceiling Height
9m above the existing ground level

7.2m above the existing ground level
Max 9.6m above the existing ground level.
Max 7.7m (south western corner of the living room) to 8.5m (north western corner of the dining room) above the existing ground level.
No (1)

No (2)
4.1.3.4 – Setbacks

Front Setback (Building Line)







Battleaxe Block Setback


FSPA




Eaves





Rear Setback
Min. 4.5m to front wall of dwelling


Min. 5.5m to front wall of garage

Side setbacks apply to all boundary setbacks on internal allotments

Min. 0.9m for ground floor walls



Min. 1.5m for first floor walls




Min. 0.45 to boundary (ground level)

Min. 0.75m to boundary (first floor level)

Min. 6m for the balustrades of first floor balcony
104.6m from Belmore Road - same as existing

99.1m Belmore Road





East (garage) = 0.1m
North (garage) = 0.96m
South (existing) = 3.68m

North (bedroom) = 1.4m
South (bedroom and dining room) = 1.2m - Conditioned to provide a min. 1.5m setback for all walls to habitable areas
North = 0.51m
South = 3.23m (existing)

North = 0.95m
South = 0.75m

54.6m
Yes


Yes





No (3)
Yes
Yes (existing)

Yes (by conditions)



Yes
Yes
Yes
Yes

Yes
4.1.3.6 – Balconies and Terraces

Access



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


Overlooking shall be minimised by using – Fixed planter boxes (1m width) or privacy screens with a height 1.5m-1.8m
Yes - Access from the proposed lounge and living room

A condition to require privacy louvres on the northern side of the proposed outdoor dining area
Yes



Yes (by condition)
4.1.3.9 – Visual and Acoustic PrivacyWindows offset by 1mYes - High-light windows used
Yes
4.1.3.10 – Solar Design and Energy EfficiencyPrincipal private open space of both subject and adjoining building to receive a min. 3hrs direct solar access between 9am and 3pm in mid-winterYes - Sunlight access for the southern adjoining private open space would be maintained in the afternoon

Habitable room windows of the southern neighbour will receive sunlight in the morning
Yes
4.1.3.12 – StormwaterTo comply with relevant:
Council policy, BCA and Australian Standard
To be conditioned
Yes
4.1.4 – Alterations and Additions to a Single Dwelling House

Building Appearance










* Scale and size: to be compatible with the existing dwelling or neighbouring dwellings

* Roof: to be integrated to compliment existing dwelling’s roof form, where possible and to incorporate design elements consistent with existing dwelling

* Materials: to compliment the materials used for the existing dwelling
Yes - the proposal is considered to be compatible with the existing dwelling and surrounds

The proposal incorporates a colour scheme and roof form which will be sympathetic to the existing dwelling and surrounds, and the combination of materials to be used will be acceptable in appearance
Yes





Yes






(1) and (2) Building Height - Maximum ceiling and ridge heights

The site is constrained by the natural contours and rock shelves throughout the site. Also a 5m fall exists directly underneath the building footprint of the dwelling from the front building line to the rear alignment of the dwelling.

Due to these site constraints, the proposal has incorporated suspended concrete slab for the building platform and minimised the need for excavation of land or existing rock formation. This construction method is considered appropriate for the site to minimise disruption and detrimental effect on the existing drainage patterns and soil stability of the site.

The proposal on its merit is considered acceptable on the following basis:

* The non compliance with the maximum external wall height only applies to the newly created external walls of the ground floor dining/living room, due to the contours of the site.

* The development is maintaining the existing floor level for the new living areas.

* The existing floor-to-ceiling height is maintained with the proposed dining/living room and hence the proposal does not detract from the appearance of the existing dwelling.

* The non compliance with the maximum ridge height of the dwelling is considered ‘negligible’, because the majority of the roof (up to 90% of the total roof area) remains well below the maximum ridge height of 9m from the existing ground level.

* No water or district view from the adjoining properties would be lost with the increased external wall of the dining/living room or the increased ridge height of the dwelling.

* As previously stated, the appearance of the proposed development is considered to be sympathetic to the existing dwelling and surrounding developments within the Foreshore Scenic Protection Area.

* The impact from overshadowing from the increased external wall of the dining/living room is considered minimal between 12.00pm and 3.00pm midwinter. The overshadowing complies with Council’s controls.

As such, the variations to the maximum external wall and ridge heights are recommended to be supported.

(3) Setbacks – garage (eastern side)
The proposed garage is to be erected over the existing open car parking spaces on the north eastern corner of the site. The location of the garage and consequently the setback from the eastern side boundary is considered acceptable for the following reasons:

* The site has a number of constraints as to where car parking space can be provided, due to the physical settings of the dwelling and long access handle/driveway and natural contours of the land.

* It is considered that the area between the dwelling and the southern side boundary is not suitable for car parking due to the grade of more than 10%. However this area can best be used as a turning area with the inclusion of the full driveway length across the front wall of the dwelling for vehicular manoeuvrability within the site. This will allow vehicles to enter and exit in a forward direction, which is considered appropriate for the subject site with a 99m long access handle/driveway.

* The design of the garage has incorporated the aforementioned car parking solution for the site.

* The garage cannot further be reduced in width internally and increase the setback from the eastern side boundary, because it has the minimum internal width required for a double garage. A tandem garage would not be suitable for the vehicular manoeuvrability and access reasons detailed above.

* The proposed garage is single storey and hence no adverse amenity impacts are envisaged as a result of this non compliance with the setback of the garage.

* Given the above reasons, the orientation and site conditions of the site warrants this variation because there is no alternative location for a garage within the site.

* At present, the subject area is paved and used for uncovered parking spaces. This proposal is to provide weather protection to those areas.

4. Impacts

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

Built Environment
The proposal incorporates a colour scheme and roof form which will be sympathetic to the existing dwelling and surrounds. As well the combination of materials to be used will be acceptable in appearance and hence the proposal will not have any adverse impact on the built environment.

In respect to visual privacy, a condition has been included in the recommendation to reduce overlooking from the outdoor dining area with the provision of privacy louvres to the northern side of this area.

In terms of overshadowing, the proposal would allow a minimum of three (3) hours to private open space and windows to habitable rooms on the adjoining properties as required under Development Control Plan No 1 – LGA Wide.

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

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

Economic Impact
The proposal is for residential purpose 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.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Nine (9) 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 in response to the notification.

Council Referrals

Development Engineer
The proposal was referred to Council’s Development Engineer for comments and received no objection, subject to the following condition:


The above condition has been attached to the recommendation of this report.

External Referrals

Bush Fire Consultant
The following recommendations were made with the bush fire risk assessment report (prepared by Building Code and Bushfire Hazard Solutions Pty Ltd and dated 11 May 2012) to ensure that the proposal complies with the provisions of Planning for Bush Fire Protection – 2006 and Australian Standard 3959 “Construction of buildings in bushfire-prone areas” – 2009.

Recommendations i)-v) have been appropriately conditioned as part of this report.

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

The increased heights of the external wall and ridge of the dwelling are considered reasonable as they do not pose any adverse impacts.

The variation to the minimum setback 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-14 for alterations and additions to dwelling – ground and lower ground additions on Lot 32, DP 21651 and known as 7 Belmore 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
A01-A
19 Jan 11
Site Analysis Plan, Site Plan and Concept Stormwater/Site Management PlanMSB Design Pty Ltd
A02-A
19 Jan 11
Floor Plans and Section AMSB Design Pty Ltd
A03-A
19 Jan 11
Elevations and PerspectivesMSB Design Pty Ltd
S01-A
19 Jan 11
Shadow DiagramsMSB Design Pty Ltd
15314-11
22 Nov 11
Survey PlanJ P Bates and Inwood Surveyors
--
19 Jan 11
Waste Management PlanMSB Design Pty Ltd
M01-A
19 Jan 11
Schedule of Colours and FinishesMSB Design Pty Ltd
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

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

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

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

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.(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
$2,107.03
Construction Certificate Application Fee
CC1
$1,436.64
Construction Certificate Imaging Fee
AP165
$132.87
9. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

10. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.
11. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.12. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.
13. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

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

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

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

16. 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. DR1 - Stormwater System - All roof waters and all overflows from any rainwater tank shall drain to Salt Pan Creek via a silt arrestor pit with the point of discharge located within the property. Flows are to be dispersed to avoid erosion and are not to exceed a velocity of 2 metres/second. Stormwater discharge is to be directed away from the neighbouring properties. 20. Design and Construction of Buildings in Bushfire Prone areas – The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bushfire attack. To achieve this, the following conditions shall apply:
(c) A minimum 10,000 litre static water supply shall be provided within the subject property. The requirements applicable to the provision of a water tank are:21. Bushfire Risk Assessment Certificate - All recommendations in the Bushfire Risk Assessment Report No. 120832, prepared by Building Code & Bushfire Hazard Solutions and dated 11 May 2012, and in the Bushfire Risk Assessment Certificate approved by Wayne Tucker (Certification No. BPD-PA-09399), must be implemented and the details of construction measures must be submitted with the Construction Certificate application.
22. 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.23. BC1 - Construction Certificate - No work shall commence until you:

24. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
25. 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.

26. 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.27. 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.28. 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.

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:
· 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.

30. 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. 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. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.33. 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.

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

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

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

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

37. 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.

38. 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.

39. 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.

40. 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.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. 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.

43. 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.

44. 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.45. 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.

46. 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.47. Asset Protection Zones - All grounds not built upon within the subject property be maintained as an Asset Protection Zone as detailed in the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’ and Appendix 2 of Planning for Bush Fire Protection 2006.

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

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

50. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A131097 dated 18 January 2012, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.51. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.
52. 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.
53. 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.

54. 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.)

55. 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.

56. 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.

57. 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.58. 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 131318.59. 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.60. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.61. AD11 - Other approvals required - Where it is proposed to:

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

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

62. 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 V Badalati / Seconded Councillor P Sansom)





APPENDIX
7 Belmore Road Peakhurst - rear.JPG7 Belmore Road Peakhurst - front.JPG7 Belmore Road Peakhurst - garage.JPGElevations - 7 Belmore Road Peakhurst.PDFSite Analysis - 7 Belmore Road Peakhurst.PDFSurvey Plan - 7 Belmore Road Peakhurst.PDFLocation map - 7 Belmore Road Peakhurst.DOC

Company extract - applicant - 7 Belmore Road Peakhurst.pdf
Print
COUNCIL MEETING
Wednesday, 6th June 2012



CCL230-12

PROPOSED AMENDMENT TO HURSTVILLE CITY CENTRE DEVELOPMENT CONTROL PLAN NO. 2

Report Author/s

Director Planning and Development, Mr M Watt

File

08/1087-1

Reason for Report

For approval

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Yes, within existing program budget

Previous Reports Referenced

Yes



EXECUTIVE SUMMARY

Council has resolved to set a new direction and adopted a long term vision for future of Hurstville City Centre. This direction and vision stems from the Hurstville City Centre Master Plan 2004 and subsequent investigations and consideration by Council. Following the adoption of the Draft Hurstville City Centre Local Environmental Plan 2011 (Draft HCCLEP) and while work progresses on a new development control plan, Council intends progressing this vision by amending the current City Centre DCP No. 2 and incorporating the adopted building height and floor space ratio controls from the Draft HCCLEP. This report outlines the proposed amendments to the DCP No. 2 for consideration and approval for exhibition.


AUTHOR RECOMMENDATION

THAT Council resolve to amend Hurstville City Centre DCP No. 2 by incorporating its adopted building height and floor space ratio controls from the Draft Hurstville City Centre Local Environmental Plan 2011 and exhibit the amendments.

THAT a further report on submissions received be submitted to Council after the exhibition.

THAT the Department of Planning and Infrastructure, Roads and Maritime Services, Transport for NSW, Sydney Water, Civil Aviation Authority and Sydney Airport authorities be advised of Council's decision.

FURTHER THAT Council agree the Director Planning & Development may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the public exhibition of the draft Hurstville City Centre DCP No. 2.



REPORT DETAIL

HURSTVILLE CITY CENTRE MASTER PLAN - VISION FOR HURSTVILLE

The Hurstville City Centre Master Plan 2004 was adopted by Council in December 2004 to set a new direction for the City Centre, to reinforce its role as a regional centre in the St George Region with a vision to attract more high quality commercial and retail business activities, and to provide additional jobs and services for Hurstville residents. The vision is for Hurstville to become a vibrant and attractive place to work, shop and live by providing a framework for development and redevelopment of both private and public land with an emphasis on creating a high quality public domain and open spaces.

This is to be achieved by integrating and co-ordinating the plans and aspirations of stakeholders and infrastructure providers for the long term development of the City Centre as a major regional centre while maintaining and protecting the residential character of the suburbs of Hurstville LGA.

Seven key design principles were identified being:
1. To develop a new bus interchange
2. To create a new civic precinct
3. To improve north-south connections
4. To improve railway station access
5. To create a sequence of public spaces
6. To create park, green gateways, and street trees
7. To simplify the traffic system

The Master Plan identified a need for subsequent investigations and studies to further develop and implement its principles. These investigations, studies and workshops were undertaken between 2004 and 2010 and contributed to the suite of planning controls included in the recently exhibited and adopted Draft HCCLEP 2011.

RECENT HISTORY

25.03.2009 Council resolved to prepare an amendment to Hurstville LEP 1994, a Development Control Plan for the City Centre and an update to the Hurstville City Centre Master Plan 2004.

23.06.2010 Council endorsed design options, height of buildings and FSR maps for the Hurstville City Centre.

18.08.2010 Council received a report on public authority consultation and endorsement of the Draft HCCLEP 2011 for public exhibition.

27.07.2011 Council resolved to accept a funding offer under the Department of Planning & Infrastructure’s LEP Acceleration Fund to prepare a TMAP and publicly exhibit the Draft HCCLEP 2011.

23.11.2011 Council received the Gateway Determination under section 56(2) the Environmental Planning and Assessment Act, 1979 to permit the formal public exhibition of the Draft HCCLEP 2011 from the Department of Planning and Infrastructure.

30.11.2011 Council resolved, in part, to exhibit the Draft Hurstville Local Environmental Plan (Hurstville City Centre) 2011.

23.01.2012 The Draft HCCLEP 2011 was publicly exhibited from 23 January to 29 February 2012 and was subject to 107 submissions that include 68 pro-forma submissions, 15 public agency submissions and a petition containing a further 122 signatories.

21.03.2012 Council considered an information report noting the submissions received and the key issues raised during the public exhibition of the Draft HCCLEP 2011.

12.04 2012 Council resolved, in part, to adopt the Draft HCCLEP 2011, subject to amendments arising from submissions and forward the draft Plan to the Department of Planning and Infrastructure under the Environmental Planning and Assessment Act 1979.

18.05.2012 The Draft HCCLEP 2011, along with the Draft Hurstville Comprehensive LEP 2011 was submitted to the Department of Planning and Infrastructure.

30.05.2012 Council appointed consultants to undertake the TMAP.

The Draft Hurstville City Centre Local Environmental Plan 2011 comprises a written instrument and series of maps to reflect the requirements of the Department of Planning and Infrastructure with respect to each Council preparing a Standard Template Local Environmental Plan. Council's adopted plan complies with this requirement and significantly provides for building height and floor space requirements to be identified on a series of maps forming part of the draft plan. These height and floor space controls were developed to achieve Council's long term vision for Hurstville as a commercial and retail business centre and in order to meet employment and housing targets. Following Council's resolution on 12 April, 2012 the Draft Plan, written instrument and supporting Section 58 submission were lodged with the Department for its consideration and finalisation.

Council also resolved at its meeting on 12 April 2012 to authorise a delegation to the Minister for Planning to promote Council’s City Centre Plan including the Mayor and General Manager. Correspondence has also been sent to the Minister requesting a time to meet this delegation.

The proposal contained in this report seeks to advance Council's strategic decision making on the Hurstville City Centre by incorporating the building height and floor space ration controls adopted in the Draft LEP for the City Centre. Council's current DCP No. 2 came into effect ion 23 April 2007, has been amended on at least four occasions since that time and is due for review. The most recent amendment was in August 2011 to address the introduction of the City Centre Commercial Core Zone 3(d).

In this regard Council has resolved that a new DCP be prepared to accompany the new Draft HCCLEP based upon the adopted City Centre Master Plan. This will result in a change from the "block and lot based" control regime in the existing DCP being changed towards a "precinct based" control regime. The approach is designed to simply planning requirements and facilitate development in the city centre. While work on this new DCP has commenced it is not expected to be completed until next year. In the interim there has been significant interest in the new planning direction being taken by Council and a number of development proposals have been discussed with Council officers and applications lodged seeking compliance with Council's new draft controls. Under the current DCP controls these proposals either can't proceed or require significant amendment to comply with the current controls. Pending commencement of new Draft HCCLEP and new DCP for the city centre, an alternative approach for Council is to consider advancing its endorsed height and floor space controls by incorporating these into the existing DCP No.2 as an interim measure.

For these reasons it is considered timely for Council to consider adopting the key elements of its new planning controls into the existing DCP.

Environmental Planning and Assessment Act 1979 (EP&A Act)
The EP&A Act and EP&A Regulations provide the legislative requirements for the preparation and amendment of Development Control Plans. These legislative requirements must be meet in amending DCP No.2.

Section 79C in part states:
"74C   Preparation of development control plans
Under the EP&A Regulations, Section 21A (Approval of development control plans relating to residential flat development) states that:-

"(1) The council must not approve a draft development control plan (including an amending plan) containing provisions that apply to residential flat development unless the council:
(a) has referred the provisions of the draft development control plan that relate to design quality to the design review panel (if any) constituted for the council's area (or a region that includes the council’s area) under State Environmental Planning Policy No 65—Design Quality of Residential Flat Development, and
(b) has taken into consideration any comments made by the design review panel concerning those provisions.
(2) This clause extends to a plan the preparation of which commenced before the constitution of the relevant design review panel.

Comment: The purpose of the Draft DCP is to introduce Council's adopted height and FSR controls for application to Hurstville City Centre by amending the current DCP No. 2. This proposal will make more detailed provisions for development within the city centre. Compliance with the objectives of the current Hurstville LEP 1994 is addressed in the next section.

With regard to referral of the Draft DCP to the Design Review Panel arrangements have been made for a briefing of the Panel at its next meeting scheduled for 7 June, 2012 in the event that the Draft Plan is to be exhibited. Comments will then be sought for Council's consideration following exhibition.

Hurstville LEP 1994
The provisions of this LEP currently apply to the land known as Hurstville City Centre which is covered by two zones (not including land zoned Special Uses) namely:
As indicated above the Draft DCP is required "to achieve the purpose"of the LEP applying to the land in this case the city centre. A preliminary assessment of the proposed amendments to the DCP against the LEP zone objectives indicates that the proposed Draft DCP is consistent with a majority of the existing objectives particularly in terms of facilitating the development of Hurstville as a future sub-regional centre and the adopted vision as set by Council. The level of development envisaged through new height and FSR controls seeks to promote an economically viable commercial and retail business core by attracting employment in close proximity to major public bus and rail transport infrastructure. Through growth and redevelopment the Draft DCP aims to facilitate the implementation of the Master Plan improving the aesthetic quality of the city centre, and ensuring adequate traffic and parking facilities in the longer term.

Nevertheless resolving the issues relating to development potential as depicted by the proposed building height and FSR controls, and impact on infrastructure, traffic and car parking facilities is a primary concern and is likely to require further amendments to plans for the city centre over time. Within the confines of the current LEP, the interim nature of the amendments proposed at this time and the development environment, it is considered these issues may be able to balanced, when considering future development applications, and in the short to medium term, pending completion of more detailed work as proposed by the TMAP and review of Section 94 contributions for the city centre.

Infrastructure and Section 94 Contributions
Council's existing Section 94 contributions plans currently levy residential, retail and commercial development in the Hurstville City Centre for traffic management facilities/infrastructure, carparking and public domain works. These existing Section 94 contributions plans were prepared in 2001 to 2004 and do not yet account for the proposed increase in development within the Hurstville City Centre under the Draft HCCLEP and this proposed draft DCP, and what may result in terms of corresponding increase in demand/pressure on infrastructure and services. As a result these plans would not levy the required and appropriate level of Section 94 contributions on future developments to provide the required infrastructure and services.

It is also noted that the proposed new Draft Section 94 Contributions Management Plan as adopted by Council and due for finalisation by December this year also does not accommodate any additional infrastructure required for the proposed uplift in development potential. There is an opportunity however to review these matters given that the TMAP should be well advanced by the end of the year and Council will need to review the proposed Section 94 Contributions plan and need for new infrastructure at that time.
It is considered that this review should also consider again the merit of a Section 94A Contribution.

Given the time frames under consideration and the work either underway or about to be commenced (new DCP No. 2 underway, Section 94 underway and the TMAP about to be commenced), it is anticipated the amended Draft DCP may be operational for a limited period.

Operational and Drafting Considerations
Preparation of the amended Draft DCP No.2 has been based on the existing DCP which has been reviewed and the principal amendments proposed are:
Amendment Process and Timing
The process for amending a DCP requires:
  1. Preparation of an amended Draft DCP - see Attachment 1
  2. Council consideration of the proposal, its consistency with planning requirements and consequences - see this report;
  3. A decision by Council on the proposal and if supported, subject to any amendments suggested by Council, to exhibit the amended Draft DCP - exhibition set by statute for minimum 28 days;
  4. Following exhibition, Council consideration of a report on submissions and if supported, a resolution to adopt the amended DCP; and
  5. Public notification of the new DCP for the City Centre coming into effect.

The program for these amendments is as follows:

06.06.2012 - Report to Council (this report) seeking a resolution to prepare and exhibit the proposed amendments;
14.06.2012 - Public exhibition required for minimum 28 days;
12.07.2012 - Exhibition closes and report prepared for Council to consider submissions and other issues;
25.07.2012 - Report to Council on exhibition, and depending on a decision, adoption of the new Draft DCP;
31.07.2012 - Public Notice of commencement and coming into effect of the new DCP.

Should Council support this amendment the program above would be implemented.

While this draft DCP is on exhibition the existing provisions under DCP No. 2 as currently inforce will continue to apply to existing and any proposed development applications. The amendments to this plan as outlined above will not have effect nor can they be relied on for assessment purpose until the plan has been adopted by Council and a public notice has been placed in the newspaper advertising the coming into effect of the plan.


RESOLUTION - CCL

THAT Council resolve to amend Hurstville City Centre DCP No. 2 by incorporating its adopted building height and floor space ratio controls from the Draft Hurstville City Centre Local Environmental Plan 2011 and exhibit the amendments.

THAT a further report on submissions received be submitted to Council after the exhibition.

THAT the Department of Planning and Infrastructure, Roads and Maritime Services, Transport for NSW, Sydney Water, Civil Aviation Authority and Sydney Airport authorities be advised of Council's decision.

FURTHER THAT Council agree the Director Planning & Development may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the public exhibition of the draft Hurstville City Centre DCP No. 2.

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





APPENDIX

Attachment 1 - Amended Draft DCP No.2 - Hurstville City Centre (in Sections)
Draft DCP2 - Table of Contents - June 2012.pdfDraft DCP2 - Section 1 Introduction - June 2012.pdfDraft DCP2 - Section 2 Application Process - June 2012.pdfDraft DCP2 - Section 3 Analysis & Concept Design - June 2012.pdfDraft DCP2 - Section 4 Built Form Controls - June 2012.pdfDraft DCP2 - Section 5 Design Guidelines - June 2012.pdfDraft DCP2 - Section 6 General Planning Considerations - June 2012.pdfDraft DCP2 - Section 7 Specific Controls for Residential Development - June 2012.pdfDraft DCP2 - Section 7.2 Single Dwelling House Controls - June 2012.pdfDraft DCP2 - Section 8 Controls for Specific Non-Residential Development - June 2012.pdfDraft DCP2 - Section 9 Controls for Specific Sites and Localities - June 2012.pdfDraft DCP2 - Appendix 1 - Definitions and Supporting Info - June 2012.pdfDraft DCP2 - Appendix 2 DA Requirements and Checklists - June 2012.pdfDraft DCP 2 - Appendix 3 - Codes and Policies - June 2012.pdf


Attachment 2 - Draft Height Control Map
Draft DCP No 2 - HCC 2012 - HOB Map.pdf

Attachment 3 - Draft Floor Space Ratio Map
Draft DCP No 2 - HCC 2012 - FSR Map.pdf

Attachment 4 - Active Street Frontages Map
Draft DCP No 2 - HCC 2012 - ASF Map.pdf

Attachment 5 - Height Control Table - (Metres to Storeys)
Height in Metres v Number of Storeys.pdf


Print
COUNCIL MEETING
Wednesday, 6th June 2012



CCL231-12

2011/12 SYDNEY CRICKET ASSOCIATION INC TORO FIRST GRADE GROUND OF THE YEAR COMPETITION

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

10/54

Reason for Report

For approval

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

This report is presented to inform Council that Hurstville Oval has been awarded 3rd Place in the Sydney Cricket Association Inc Toro First Grade Ground of the Year competition.



AUTHOR RECOMMENDATION

THAT Council make an ex-gratia payment to Mr Lewis to the amount of $500 awarded to him by the Sydney Cricket Association Inc.

FURTHER THAT Council congratulate the Hurstville Oval Ground Staff for their achievement in gaining 3rd Place in Toro First Grade "Ground of the Year" Competition.



REPORT DETAIL

The sydney Cricket Association Inc Toro First Grade Ground of the Year competition awards are made to acknowledge the important contribution of groundstaff to the success of the Grade competitions, with officiating umpires assessing every ground on every match day during the season. This year, the following results have been achieved:

Whilst Hurstville Oval achieved a higher average, one game of the season was lost due to wet weather, thus decreasing the total points achieved.

This award carries with it a monetary amount of $500, with the recipient being the Superintendent of the Oval. Adam Lewis subsequently forwards the cheque to Council, in the interests of ensuring compliance with Council's Code of Conduct which specifically addresses "Gifts and Benefits", and also to ensure transparency in what is a completely legitimate and well deserved performance reward.

Council may now wish to make an ex-gratia payment to Adam Lewis in appreciation of the effort he has put in and the resulting positive promotion of Hurstville City Council. Council's Manager – Human Resources has been consulted previously on this matter and suggests that should Council wish to make a payment to him, it should not be seen specifically as additional "income", a "benefit" or a "performance bonus", but more in recognition of his recent work related success.


Council's Solicitor has also previously advised as follows, in reference to previous years awards where the Oval has been awarded "Ground of the Year" and "Most Improved Ground of the Year":


RESOLUTION - CCL

THAT Council make an ex-gratia payment to Mr Lewis to the amount of $500 awarded to him by the Sydney Cricket Association Inc.

FURTHER THAT Council congratulate the Hurstville Oval Ground Staff for their achievement in gaining 3rd Place in Toro First Grade "Ground of the Year" Competition.

(Moved Councillor V Badalati / Seconded Councillor P Sansom)





APPENDIX
Sydney Cricket Association Ground of the Year Comp.pdf


Print
COUNCIL MEETING
Wednesday, 6th June 2012



CCL232-12

THE AVENUE ROAD UNDERPASS, HURSTVILLE - TRANSFER OF LAND FROM RAILCORP TO HURSTVILLE CITY COUNCIL

Report Author/s

Manager Infrastructure Planning, Mr O Wijayaratna

File

08/1889

Reason for Report

For approval

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

RailCorp has made representations to Council proposing to officially transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road.


AUTHOR RECOMMENDATION

THAT Council accept the RailCorp’s proposal to transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road at no cost to Council.

THAT an acknowledgement letter be sent to RailCorp accepting the abovementioned land as a public road under Hurstville City Council’s care and control.

FURTHER THAT the General Manager be authorised to sign the transfer documents on behalf of Council.


REPORT DETAIL

It has been revealed that the section of the public road between Treacy Street and the Road Underpass across rail corridor at The Avenue is owned by the State Rail Authority of New South Wales (RailCorp).

RailCorp has advised Council the subject land was dedicated to Hurstville City Council by an Act of Parliament in 1909; however the dedication has never been registered at the Land & Property Information Office.

The Registrar General of Land & Property Information has advised that to create the above dedication official, RailCorp are required to lodge a request (under Form 11R) to the Land & Property Information Office to transfer titles of this land in the name of Hurstville City Council as a public road. The Land & Property Information Office also requires an acknowledgement letter from Council accepting the land as a public road under the Council’s care and control.

Accordingly, RailCorp has written to Council proposing to officially transfer the titles of the subject land to Council as a public road.


RESOLUTION - CCL

THAT Council accept the RailCorp’s proposal to transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road at no cost to Council.

THAT an acknowledgement letter be sent to RailCorp accepting the abovementioned land as a public road under Hurstville City Council’s care and control.

FURTHER THAT the General Manager be authorised to sign the transfer documents on behalf of Council.

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





APPENDIX
RAILWAYS CROSSINGS ACT 1909 NO.13.pdfSubject Land.pdf


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COUNCIL MEETING
Wednesday, 6th June 2012



CCL233-12

INVITATION - RED SHIELD APPEAL CHARITY FUNDRAISER

Report Author/s

Manager Corporate Governance & Records, Mrs K Garske

File

10/2339

Reason for Report

For consideration

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Yes, within existing program budget

Previous Reports Referenced

No



EXECUTIVE SUMMARY

His Worship the Mayor, Councillor S McMahon has received an invitation on behalf of Hurstville City Council to attend a Salvation Army "Red Shield Appeal" Charity Fundraising Event on Friday 20th July 2012.


AUTHOR RECOMMENDATION

For Council consideration.


REPORT DETAIL

On the 23rd May 2012, His Worship the Mayor, Councillor S McMahon has received an invitation by email inviting Hurstville City Council to support a Salvation Army "Red Shield Appeal" Charity Fundraising Event on Friday 20th July 2012 through the purchase of ticket/s to the event. The promotional flyer for the event is attached.

It is noted that a similar event is held annually by the local Salvation Army zone, and Hurstville City Council supported last year's event, a Fundraising Breakfast. Tickets are $97.00 each or a table can be purchased for $970. At the time of preparing the report, the current budget of $10,000 for Members Community & Charitable Events, has a remaining balance of $6,479.

Should Council adopt support for the event, interested Councillors will need to contact the Executive Assistant, Ms R Lane who will confirm arrangements.


RESOLUTION - CCL

THAT Council purchases a table for the event.

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





APPENDIX
Red Shield Appeal Invitation.pdf


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COUNCIL MEETING
Wednesday, 6th June 2012


CCL234-12

OUTSTANDING QUESTIONS WITH NOTICE

Report Author/s

Manager Corporate Governance & Records, Mrs K Garske

File

09/1229



EXECUTIVE SUMMARY

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


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

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


RESOLUTION - CCL

THAT the information be received and noted.

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





APPENDIX
Outstanding Questions With Notice.pdf


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COUNCIL MEETING
Wednesday, 6th June 2012



CCL235-12

WEBBS DAM TENDER ASSESSMENT

Report Author/s

Manager Contracts, Ms S Geadah & Environmental Sustainability Coordinator, Miss N Boyd

File

12/850

Reason for Report


Existing Policy?


New Policy Required?


Financial Implications


Previous Reports Referenced



AUTHOR RECOMMENDATION

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D, it is considered, that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it could jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.


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



RESOLUTION - CCL

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D, it is considered, that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it could jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.


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

(Moved Councillor P Sansom / Seconded Councillor V Badalati)





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COUNCIL MEETING
Wednesday, 6th June 2012


QWN027-12

LEGAL ADVICE USED TO ANSWER RESCISSION MOTION QUESTION IN RELATION TO 8 CROFTS AVENUE, HURSTVILLE

Author/s

Councillor W Pickering

File

09/1229



COUNCILLOR QUESTION

To the General Manager Mr. Lampe, If the rescission motion in question for 8 Crofts Avenue was submitted using the correct procedure as outlined under the Council's Code of Meeting Practice and the Code of Conduct :

a) Why then did you consider it necessary to seek legal advice in relation to it outside of Council? and,

b) Why wasn't the Council's Ombudsman who is Council's appointed arbiter on the Council's Code of Meeting Practice and the Code of Conduct involved in ajudicating on this matter?

c) At which future Council Meeting will a transcript of this legal advice be presented to Council for perusal by all Councillors outlining all legal costs passed on to Hurstville ratepayers?


OFFICER RESPONSE




COUNCILLOR BACKGROUND

At the previous May full Meeting of Council I finally received a (YES) answer from the General Manager to my question with notice of` 'Was legal advice sought by yourself outside Council in reference to the Rescission Motion for 8 Crofts Avenue ?" Unfortunately the Mayor Cr. McMahon prevented me from asking any supplementary questions on that evening to the simple (YES) that I received and that is why these questions with notice are now being asked!


RESPONSE - CCL


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





APPENDIX


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COUNCIL MEETING
Wednesday, 6th June 2012


QWN028-12

SENIOR STAFF REMUNERATION

Author/s

Councillor A Wagstaff

File

09/1229



COUNCILLOR QUESTION

According to Clause 217 (1) (b) of the Local Government (General) Regulation 2005, an annual report of a council is to include specific information in relation to senior staff remuneration, such as the total remuneration package, the salary component, any bonus or performance payments, Council’s contribution to superannuation, non-cash benefits and FBT payable by council on non-cash benefits.

I note however Council provided only the total remuneration package of the General Manager and each of the Directors when reporting on senior staff remuneration in the Annual Report 2010-2011.

Accordingly, could a report please be submitted to council on the individual remuneration paid to each senior staff member in 2010/11, showing details such as the:
• Total remuneration package,
• Total value of the salary component of the package,
• Total amount of any bonus payments, performance payments or other payments made that do not form part of that package,
• Total amount payable by Council by way of the employer's contribution or salary sacrifice to any superannuation scheme to which the staff member may be a contributor,
• Total value of any non-cash benefits for which the member may elect under the package and
• Total amount payable by the council by way of fringe benefits tax for any such non-cash benefits?

Further, could such information please be included in Council’s Annual Report 2011-2012, as required by the legislation?


OFFICER RESPONSE




COUNCILLOR BACKGROUND

Clause 217 (1) of the Local Government (General) Regulation 2005 states:
For the purposes of section 428 (2) (r) of the Act, an annual report of a council is to include the following information:

(b) a statement of the total remuneration comprised in the remuneration package of each senior staff member employed during the year that is to include, for each such member, the total of the following:
(i) the total value of the salary component of the package,
(ii) the total amount of any bonus payments, performance payments or other payments made to the member that do not form part of the salary component of the member's package,
(iii) the total amount payable by the council by way of the employer's contribution or salary sacrifice to any superannuation scheme to which the member may be a contributor,
(iv) the total value of any non-cash benefits for which the member may elect under the package,
(v) the total amount payable by the council by way of fringe benefits tax for any such non-cash benefits


RESPONSE - CCL


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





APPENDIX


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COUNCIL MEETING
Wednesday, 6th June 2012


QWN029-12

RESPONSE TIME ON CORRESPONDENCE IN 2010-2011

Author/s

Councillor A Wagstaff

File

09/1229



COUNCILLOR QUESTION

Could I please be advised the % of correspondence that was completed within 21 days for each quarter in 2010-2011?

I note such statistics were included in Council’s Annual Report 2009-2010 but were not included in Council’s Annual Report 2010-2011.


OFFICER RESPONSE




COUNCILLOR BACKGROUND

In relation to Council’s Key Performance Indicator, “Meet Customer Satisfaction Charter standards, including response time on correspondence, customer requests and phone answering statistics”, the following comments were provided:



RESPONSE - CCL


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





APPENDIX


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COUNCIL MEETING
Wednesday, 6th June 2012


QWN030-12

STAFFING PROFILE

Author/s

Councillor A Wagstaff

File

09/1229



COUNCILLOR QUESTION

Would Council please provide details of the staffing resources available to deliver the works and services identified in the Operational Plan 2012/13, based on equivalent full-time employment (EFTs), including permanent full-time and part-time staff and excluding temporary and casual appointments, in such areas as:

• General Manager’s Office
• Group Managers
• Strategic Planning / Community Services
• Building Services
• Development Services
• Public and Environmental Health
• Regulatory Support
• Asset Management
• Engineering Works
• Open Spaces and Reserves
• Waste Management
• Engineering Support
• Administrative Services
• Financial Services
• Information Services
• Human Resources and Risk
• Commercial Services?

Further, what are the total estimated salaries and wages, including oncosts for 2012/13?


OFFICER RESPONSE




COUNCILLOR BACKGROUND




RESPONSE - CCL


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





APPENDIX