Council MEETING

Notice of Meeting

Wednesday, 07 May 2014

Thursday, 01 May 2014

His Worship The Mayor and Councillors

I have by direction to inform you that a Council Meeting will be held at Council Chambers, Civic Centre, Hurstville, on Wednesday, 07 May 2014 for consideration of the business available on Council's website at http://www.hurstville.nsw.gov.au/Agendas-and-Minutes.

Mr V 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        Council Reports

10.     Committee of the Whole (Closed Council Meeting)

11.     Open Council

12.     Consideration of Committee of the Whole Recommendations

 

The Quorum for the meeting is 7


Council Meeting

Summary of Items

Wednesday, 07 May 2014

 

Previous Minutes

MINUTES: Council Meeting - 16 April 2014 (12/2122)

Council Reports

CCL094-14       445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret (DA2013/0315)

(Report by Team Leader Major Projects, Ms L Locke)............................................... 2

CCL096-14       75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking (DA2013/0248)

(Report by Development Assessment Officer, Mr M Raymundo)............................ 37

CCL097-14       115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision (DA2013/0325)

(Report by Development Assessment Officer, Mr K Kim)........................................ 86

CCL098-14       84D Roberts Avenue Mortdale - Fit-out and use of approved retail cafe tenancy - shop 1 - on ground level of approved development for a cafe and juice bar with associated signage (DA2014/0072)

(Report by Senior Development Assessment Officer, Ms P Bizimis)................... 126

CCL099-14       309C Forest Road Hurstville - Change of use and fit-out for furniture retail and display (DA2014/0117)

(Report by Development Assessment Officer, Mr I Kokotovic)............................. 149

CCL100-14       42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area (DA2013/0386:1)

(Report by Senior Development Assessment Officer, Ms P Bizimis)................... 173

CCL101-14       66-68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building containing 4 x 1 bedroom, 9 x 2 bedroom and 1 x 3 bedroom units with basement car parking for 19 cars (DA2013/0346)

(Report by Development Assessment Officer, Mr K Kim)...................................... 232

CCL102-14       3-7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking (DA2013/0268)

(Report by Development Assessment Officer, Mr M Raymundo).......................... 294

CCL103-14       Modification to Proposed Mixed Use Building - PAC Approved Development - 21-35 Treacy Street Hurstville (10/1482)

(Report by Director Planning and Development, Mr M Watt)................................. 351

CCL104-14       Reporting of Joint Regional Planning Panel Decisions (09/935)

(Report by Manager Development Assessment, Ms T Christy)............................ 384

CCL105-14       Return of Thanks (14/24)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 442

CCL106-14       Request for Dog Off Leash Area - Gifford Park (13/522)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 443

CCL107-14       Community Feedback - Off Leash Dog Area at Evatt Park (14/595)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 445

CCL108-14       Invitation - CASS Charity Dinner 2014 (14/13)

(Report by Governance Officer, Mr D Henkel)......................................................... 448

CCL109-14       Youth Sponsorship Request - Georges River College Stage Band (14/41)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 451  

Committee of the Whole (Closed Council Meeting)

COW034-14      Tender - Preparation of an Overflow Flood Study of the Hurstville Local Government Area (13/1783)

(Report by Manager Contracts, Mrs S Geadah)  

 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

AGENDA

1.      The National Anthem

2.      Opening Prayer

3.      Acknowledgement of Traditional Custodians

Council acknowledges the traditional custodians of the land on which this meeting is being held as the Bidjigal people of the Eora Nation.

4.      Apologies 

5.      Mayoral Minutes

6.      Matters of Privilege

- Condolences

- Other

7.      Disclosure of Interest

8.      Minutes of previous meetings

Council Meeting - 16 April 2014


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

9.      Council Reports

CCL094-14        445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret 

Applicant

Trustees Islamic Society Hurstville

Proposal

Alterations and additions to existing place of public worship (mosque) - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

Owners

Trustees Islamic Society Hurstville

Report Author/s

Team Leader Major Projects, Ms L Locke

File

DA2013/0315

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone SP2 – Infrastructure

Existing Development

Single storey Place of Public Worship (Mosque) with associated three storey rectory

Cost of Development

$580,000.00

Reason for Referral to Council

Submissions received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, Development Control Plan No 1 – LGA Wide – Section 3.1 Car Parking

Hurstville Local Environment Plan Interpretation of Use

Place of Public Worship

 

EXECUTIVE SUMMARY

1.         The proposal seeks development consent for alterations and additions to the existing place of public worship including first floor addition, new dome roof structures and the construction of a 21m high minaret.

2.         The subject site has been used as a place of public worship for several years and has been used as a mosque since 1987.

3.         The proposal is permissible with consent under the Hurstville Local Environmental Plan 2012. The site has an existing and proposed non-compliance with Development Control Plan No 1 – LGA Wide in terms of car parking.

4.         The application has been notified to neighbours and placed on public exhibition on three (3) occasions. Council received a total of 1,950 individual submissions and a petition with 1,412 signatures against the proposal (this figure includes multiple submissions from the same authors).

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The application seeks approval for alterations and additions to the existing place of public worship. The proposal includes the following works:

 

Ground floor level

-     Additions to the building by extending the front towards St Georges Road and creating a new entrance foyer and entry porch;

-     New disabled access ramp providing access from the Forest Road entrance to the site; and

-     Internal alterations to the floor plate, increasing area of prayer hall and relocating existing amenities.

 

 First Floor mezzanine level

-     Creation of a mezzanine and first floor level (external extension to 9.33m) with lift and stair access from the ground floor;

-     Adding Women’s scripture room and amenities;

-     Balcony over new ground floor entrance; and

-     New proposed floor area of 91.1sqm.

 

Roof Domes

-      Adding three domes to the new roof measuring 6m, 4m, and 2.8m higher than the main roof, resulting in an overall height above ground for these features of 15.33m, 13.33m and 12.13m respectively.

 

Minaret

-     Located adjacent to the front entry on the corner of Forest Road and St Georges Road;

-     Proposed height of 21m and diameter of 1.55m above the building – as advised by the applicant;

-     Accessed via stairs located external to the main building and can also be accessed via new mezzanine level; and

-     Proposed ‘low wattage’ lighting at the top of the minaret.

 

Proposed Alterations and Patronage

The purpose of the proposal is to refurbish the existing building which needs to be remodelled and modernised to improve functionality. The applicant has stated that the proposed works are not aimed at increasing the existing level of patronage at the mosque. The applicant has provided the following approximate patron numbers:

-     Friday afternoon (primary prayer day) – fifty (50) people on average although the maximum that has been accommodated is approximately two hundred and seventy (270)

-     Festival days – approximately one hundred (100) people with a maximum of two hundred (200)

-     Saturday (general prayer and children’s classes) – fifty (50) – one hundred (100) people

 

HISTORY

13 Jan 88                   Council granted development consent for alterations and additions to the building including an increase in floor area and alterations to the external appearance of the building to be used as a mosque. This development consent included a condition that five (5) parking spaces were to be provided on the site (87/DA-530).

12 Jul 89                    Council approved a building application for works approved in the development application above. The building application also included internal amendments and the introduction of domes on the roof (88/BA-282).

28 Dec 06                  Development consent was granted for the demolition of an existing rectory/dwelling and the construction of a three (3) storey rectory/dwelling in association with the adjoining mosque. The approved plans indicated that six (6) parking spaces were available within the garage.

30 Sep 13                  Development application DA2013/0315 lodged. This application proposed alterations and additions to the existing building including a first floor mezzanine area to be used for prayer and a 30m minaret to be constructed.

10-25 Oct 13             Public exhibition and neighbour notification of the development application.

1-15 Nov 13               Following community concern further public exhibition and neighbour notification of the development application was undertaken to a larger geographical area.

31 Jan 14                   Council Officers met with the applicant and members of the mosque to discuss the proposal and issues of concern being raised in submissions, particularly traffic and parking, the number of worshippers and the height of the minaret.

10 Feb 14                  Amendments were made to the development application to delete the mezzanine prayer area reducing floor space and to reduce the height of the minaret to 21m.

21 Feb - 7 Mar 14     The amended plans were placed on public exhibition and neighbour notification.

 

DESCRIPTION OF THE SITE AND LOCALITY

The site is located on the southern side of Forest Road on the corner with St Georges Road. The site comprises a single storey place of public worship – mosque and a three (3) storey building used as a rectory/dwelling.

 

The site has an area of approximately 1,060sqm and has a frontage of 45.69sqm to Forest Road and a frontage of 15m to St Georges Road.

 

The main entrance to the existing mosque building is via gates on the corner of Forest Road and St Georges Road.

 

The existing building has been used been used as a mosque for at least the last twenty seven (27) years. The building comprises an entrance foyer fronting St Georges Road, two (2) areas used for prayer, a separate scripture room, storage and amenities such as toilet facilities, tea room and caretakers room.

 

Surrounding the site to the south and west is public reserve partly occupied by the Pole Depot Community Centre and adjacent car park. The Pole Depot contains a building that is approximately 8.3 metres in height.

 

Immediately on the opposite side of St Georges Road is a three (3) storey residential flat building. There are three (3) and four (4) storey residential flat buildings of various architectural styles to the east and south of the site on St Georges Road. To the west, the site is separated from the nearest residential building by Council open space by approximately 45m.

 

The area immediately north of the site on the opposite side of Forest Road is characterised by single dwelling houses. On this side of Forest Road and further to the west, a mixed use retail and residential development is under construction adjacent to Inverness Crescent approximately 180m from the subject site.

 

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 2012

 

Land Use

The building is best defined as a place of public worship under Hurstville Local Environmental Plan 2012.  The Hurstville Local Environmental Plan defines place of public worship as follows:-

 

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training”.

 

The land is zoned SP2 - Infrastructure. The Hurstville Local Environmental Plan states that the permissible use of sites in the SP2 zone is for the purposes indicated on the zoning maps accompanying the Hurstville Local Environmental Plan. The maps accompanying Hurstville Local Environmental Plan show that the permissible land use is a church, as such the use is permissible in the zone. 

 

Zone Objectives

Clause 2.3(2) states “The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.”

 

The objectives for the SP2 – Infrastructure zone are:-

 

Zone SP2 Infrastructure

 

1 Objectives of zone

 

• To provide for infrastructure and related uses.

• To prevent development that is not compatible with or that may detract from the provision of infrastructure.

 

The proposed development is consistent with these objectives to the extent that approval is sought to extend, make additions and alterations to an existing building with the aim to continue a use which is compatible with and will not detract from the provisions of other infrastructure. 

 

Statutory Planning Controls

There are no statutory height or floor space ratio controls that apply to the site under the Hurstville Local Environmental Plan 2012.

 

Essential services

Clause 6.7 states that Development consent must not be granted to development unless the

consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) stormwater drainage or on-site conservation,

(e) suitable vehicular access.”

 

In this regard existing water, electricity, waste disposal and drainage facilities are available to meet the needs arising from the development. While limited car parking is available at the rectory site, the subject site does not make provision of on-site car parking and this existing situation is unchanged with this proposal. Traffic and car parking is dealt with later in this report (see Section 3).

 

State Environmental Planning Policy (Infrastructure) 2007

Clause 101 of this Policy relates to development with frontage to classified road and states:-

“(1)    The objectives of this clause are:

(a)   to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b)   to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2)   The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a)   where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b)   the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i)     the design of the vehicular access to the land, or

(ii)    the emission of smoke or dust from the development, or

(iii)   the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c)    the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.”

 

The subject development proposes extensions, additions and alterations to an existing place of public worship. There is no change proposed to the current access arrangements and the proposal will not interfere with the ongoing operation of Forest Road or result in any adverse impact in terms of safety, efficiency or other traffic related issues. In this regard the applicant has indicated that patronage is expected to remain the same and there is not likely to be any adverse impact on traffic or parking in the locality.

 

For this reason the proposal is also considered to be satisfactory in relation to Clause 104 of the Policy regarding traffic generating development.

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

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

 

2.      Draft Environmental Planning Instruments

There are no applicable draft environmental planning instruments for this application.

 

3.      Development Control Plan and Car Parking

 

HURSTVILLE DEVELOPMENT CONTROL PLAN NO. 1- LGA WIDE

The applicant submitted Traffic and Parking study with the development application. This study concluded that although the site does not have capacity for additional car parking, there was sufficient car parking available in the surrounding streets to support additional floor space and a potential increase in people attending the mosque in peak times.

 

Council's Traffic Officers reviewed the applicant's study and had concerns over the data presented. The applicant's traffic study was also inconsistent with the concerns raised in a large number of submissions from surrounding residents.

 

In order to verify whether the applicant's study and to give a fair assessment of the proposal, Council conducted a separate traffic study. This was conducted over a two (2) week survey period in the streets surrounding the mosque from 24 November to 7 December 2013. The following aerial photograph indicates the study area for the Council study. 

 

 

This study involved a parking survey of on-street parking occupancy during the following times on every day of the two (2) week period:

-      7am-9am; 12pm-2pm; 4pm-6pm; and 8pm-10pm.

 

The study concluded that the on-street capacity in the streets surrounding the mosque were at high capacity (up to 113% on St Georges Road – including illegal/unauthorised parking) and that at peak times for the mosque there was limited capacity in the surrounding streets for any additional parking.

         

Following the completion of this study, which showed on-street car parking constraints in the locality, the applicant was advised that any increase in floor area of the building that was likely to lead to a significant increase in patronage during peak times, was unlikely to be supported.

 

This position was conveyed at a meeting arranged by the applicant along with other planning issues and community concerns. Subsequently in February 2014 the proposal was amended including deletion of the first floor prayer area and reduction in the height of the minaret, and re-notified. 

                  

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

Section 3.1 of Development Control Plan No 1 – LGA Wide specifies the following rates for car parking.

 

Section 3.1

Standard

Existing and Proposed

Complies

Place of Public Worship:

 

1 space per 10 seats

or

 

1 space per 10sqm GFA

(whichever is greater)

 

 

GFA for prayer hall = 250sqm

 

1 space per 10sqm GFA = 25 spaces required

 

 

6 spaces – existing within garage of rectory on the site

 

 

No – see below

 

For the purposes of calculating car parking the gross floor area (GFA) calculation has been used as no formal seating is used for prayer in the mosque. In this regard the applicant has indicated as follows:

“ I also note that by definition the remainder of the ground floor is already defined as gross floorspace. I understand that in some instances on festival days worshippers may be accommodated in the side foyer area also as part of the prayers.  We contend that for all practical purposes the functional area of the ground floor of the Mosque remains the same as is currently used, with foyers and tea room at various times being used by the worshippers for prayers and for children class areas.  On this basis we would put to Council that the proposal is, as has been previously discussed, that the additions are simply a rationalisation of an existing situation and will not result in any purposely projected increase in patronage but rather provides for a more relaxed and open prayer area for the Mosque.”

 

In calculating gross floor area only the area used for prayer has been taken into consideration. This is because the other ancillary areas such as amenities, scripture rooms, entrance foyer, circulation areas are not used during the main prayer times. The GFA of the prayer hall has been used to calculate parking as this is the highest yielding area of use of the building at peak times.

 

This assessment is consistent with Council’s assessment of other places of public worship where offices, meeting rooms, kitchens are excluded from the GFA calculations for the purposes of calculating car parking requirements.

 

Although the first floor mezzanine has been reduced and is no longer proposed to be utilised for prayer, the ground floor of the building is proposed to be altered to provide a more rational layout including new entrance foyers and relocation of amenities. This reconfiguration will alter the capacity of the prayer hall by an additional 60sqm over the existing and originally approved 190sqm. Using the Development Control Plan GFA calculations this would require an additional six (6) car parking spaces to be provided as shown in the table above.

 

The applicant has previously stated that the maximum patronage observed at the mosque was approximately two hundred and seventy (270) people. If the one (1) space per ten (10) seats (or people in this case) calculation in the Development Control Plan was used the parking requirement would be twenty seven (27) spaces. This is not inconsistent with the GFA calculation of twenty five (25) spaces, representing a two space variation.

 

In the Statement of Environmental Effects submitted with the application, and in further correspondence with Council, the applicant has stated that the intention of the proposed works was not to increase the capacity of the existing place of worship but to refurbish and remodel the floor layout.

 

As such, given that the applicant is not anticipating an increase in patronage and considering Council’s own traffic study and the significant concern from the community in terms of parking, it is recommended that a condition is placed on any consent to limit patronage to ensure that there is no additional parking demand created in accordance with Development Control Plan No.1.

 

In this regard, the following conditions are proposed:

The ground floor main prayer hall is not to exceed an area of 190sqm.

 

Reason: so that the proposed extensions do not result in a further deficiency in car parking.

 

A further condition is also recommended to ensure that the first floor mezzanine is not used for prayer services in conjunction with the ground floor prayer hall.

                                                                                                           

The first floor mezzanine is not to be used for prayer services.

 

Reason: so that the proposed extensions do not result in a further deficiency in car parking.

 

4.      Impacts

Natural Environment

The proposal is for alterations and additions to an existing building including new ground floor works over existing hard surface areas, therefore there are no additional impacts to the natural environment. The major part of the extension of the building is restricted to the St Georges Road frontage within the site. A new accessibility ramp is proposed adjacent to the Forest Road frontage and is also located within the site.

 

Built Environment

Built Form

As indicated previously there are no statutory height or floor space ratio controls that apply to the site under the SP2 zoning in Hurstville Local Environmental Plan 2012 for this site. This is also the situation which applies to other places of worship on land zoned SP2 in Hurstville.

 

In terms of adjoining land, the nearest adjoining residential land is R3 Residential zone opposite St Georges Road which has a building height limit of 12m and a floor space ratio of 1:1 as prescribed by Hurstville Local Environmental Plan 2012.  The closest residential building is located directly opposite the site on the corner of St Georges Road and Forest Road has a maximum height of 12.5m.

 

By comparison the proposed external wall height of the mosque building is 9.33m and the height of the domes if approved, are proposed to be 12.13m, 13.33m and 15.33m.

 

Height, Bulk and Scale

Whilst the height of the domes exceeds the maximum height of the adjoining residential zones, the largest of these is located at the rear of the building and will not have an impact on any surrounding development. Further to this, the main wall of the building is of a height that is commensurate with what would be expected in a two (2) – three (3) storey residential building, and is similar to the height of the adjoining Pole Depot building (8.3m), and rectory building (see Plan A-09 attached). The proposed floor space ratio of the development is also below the maximum permitted in the adjoining R3 Medium Density Residential zone.

 

The proposed minaret has a maximum height of 21m from the existing ground level. Whilst the minaret is a higher structure than any surrounding structures it is narrow in width (approximately 1.55m in diameter) and consequently is not considered to have any significant impact on amenity arising from shadowing or view loss.

 

The minaret is a reasonably common architectural element associated with mosques and not unlike other places of public worship where towers or steeples may occur. A recent survey of places of public worship revealed building/steeple heights as follows:

-     Regina Coeli Memorial Church (Ponyara Rd Beverly Hills) - 23m to top of steeple  - 26.5m top of cross;

-     Penshurst Anglican Church (Carrington St Penshurst) Note: Proposed steeple not in place - 28.37m top of steeple;

-     Wesley Penshurst Uniting Church (Cnr Penshurst and Percival St) - 16.3m top of steeple - 17.8m top of cross;

-     Hurstville Public School (Forest Rd Hurstville) - 12.1m top of steeple type structure;

-     Council Chamber flag Pole - 24m;

-     Narwee Baptist Church which has a cross that is approximately 22m above the ground level; and

-     The Coptic Church at Forest Road Peakhurst, which Council recently granted development consent to, which involved roof domes to a maximum height of 13.48m.

 

A review of the plans submitted with the proposal shows that the existing building will be changed in terms of height, bulk and scale. While the minaret will be the tallest element at 21m, the main bulk of the building will be 9.33m which is less than the adjoining residential flat buildings and the planning control of 12m in the locality. The domes will add to the appearance of increased height on the roof, however these do not present as a solid wall given their spacing across the roof and concave finish. For this reason the domes do not contribute significantly to the overall visual bulk of the proposed building.

 

While being representative of a different architectural style, it is not unreasonable to expect that places of public worship belonging to differing denominations have their own distinctive architectural style with building elements designed to make them easily identifiable. The proposal seeks to modernise and refurbish an existing building and complete the structure in a reminiscent Ottoman architectural style creating space, void and increasing light penetration. These same themes can be seen depicted in other architectural styles applied to places of worship in Hurstville including those sites mentioned above.

 

Shadow Impact

The applicant has submitted a shadow diagram which indicates minimal impact on adjoining areas as a result of the distance to nearby dwellings and adjacent non-residential uses (see Shadow Diagram attached).

 

Social Impact

Council’s vision for Hurstville recognises its evolution as a city, promoting “a sustainable and safe community that connects people and places, and celebrates diversity.” Hurstville today is home to a wide variety of people from different backgrounds and communities. These communities contribute to the local environment and make Hurstville a microcosm of Sydney as a culturally and socially diverse city of international standing.

 

Many of the submissions received raised concerns relating to the use of the site as a mosque and the impact of worshippers on the locality, even though the site has been used as such for at least twenty seven (27) years. Prior to the use of the site as a mosque it was used as church. 

 

As the alterations and additions are not considered to further affect the amenity of the area, the social impact of the development is not altered as a result of this application. This is a view that has also been taken in the Land and Environment Court.

 

In House of Peace v Bankstown City Council (2000) the Court determined: “Planning law is concerned with the use of land - not with the identity of the user”; per Cripps J in Moslem Alawy Society Ltd v Canterbury Municipal Council (1983) 51 LGRA 79 at 82. This means that it is no part of the court's function to seek as such to ensure that the pattern of worship adopted by the Presbyterians in 1954 continues. Nor is it open to favour or disfavour any pattern of religious expression. Equality before the law requires judicial agnosticism in this area.

Cripps J's statement that planning law is concerned with the use of land, not with the identity of the user also focuses attention upon the functions of environmental planning instruments and consents. They are concerned with physical use, environmental impact and amenity.”

 

In New Century Developments Pty Ltd vs Baulkham Hills Shire Council (2003) the Court considered a development application for a new mosque that had a large number of submissions opposing the development. In that case Justice Lloyd stated:

“In circumstances such as the present case, however, the consent authority must not blindly accept the subjective fears and concerns expressed in the public submissions. Whilst such views must be taken into consideration, there must be evidence that can be objectively assessed before a finding can be made of an adverse effect upon the amenity of the area (Dixon at [53]). In Broad, de Jersey J explained (at 304) that whilst the court is clearly entitled to have regard to the views of residents of the area, those views will be accorded little, if any, weight if there is no objective, specific, concrete, observable likely consequence of the establishment of the proposed use.”

 

As previously outlined in this report, with the imposition of conditions relating to the capacity of the mosque remaining as is and other conditions such as not allowing any broadcasting outside the building, the amenity of the area will not be further adversely impacted upon because of this application.

         

Economic Impact

It is considered that given the proposal seeks alterations and additions to an existing place of worship, no adverse economic impacts are anticipated.

 

Suitability of the Site

The site has been operating as a place of public worship for several decades. This application does not seek to alter that use. The applicant has submitted amended plans that delete the additional floor space proposed for worshipping on the first floor (mezzanine level) of the development and as such the site has limited capacity for additional patronage.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified to surrounding properties and advertisements were placed in the St George and Sutherland Shire Leader on three (3) separate occasions.

 

The development application as originally submitted was notified to neighbours and placed on public exhibition from 10 October to 25 October 2013. Following community concern about the extent of notification, Council renotified and exhibited the proposal from 1 November to 15 November 2013. During the first two (2) notification periods 1,996 letters were sent out in total. In response to the notification 1,316 responses were received including petitions with 1,412 signatures.

 

When the proposal was amended to remove the first floor mezzanine prayer area and to reduce the height of the minaret the amended plans were notified to neighbours and exhibited from 21 February to 7 March 2014. A total of 634 submissions were received in response to the amended proposal.

 

A breakdown of the submissions is as follows:

-     Submissions from residents in Penshurst – approximately 35%

-     Submissions from residents in other areas of the Hurstville LGA – 51%

-     Submissions from people residing outside the Hurstville LGA – 14%

 

The following is a summary of issues that were raised during the exhibition of the proposal directly and relevantly related to the planning issues arising from this application. A number of submissions raised issues that are outside of the scope of the Environmental Planning & Assessment Act and as such these are not further discussed in this report.

 

Parking

There was a large level of community concern over the lack of off-street parking provided for the mosque. Many residents stated that the lack of parking for the current mosque results in widespread congestion of neighbouring residential streets and illegal parking, cars parked across driveways, too close to intersections and parking infringements.

 

Comment: An assessment of the parking and traffic impacts of the development is contained in this report above. Given that the area of building being used for worshipping purposes is not significantly increased over the existing area, it is considered that the parking impacts arising from this extension application are not unacceptable. To ensure minimal impact a condition is proposed restricting the area of the building used for prayer.

         

Permissibility/compliance with planning controls/zoning

Many submitters stated that the proposal was contrary to the zoning of the site and that the height and floor space proposed does not comply with Council's planning controls

 

Comment: The site is zoned SP2 - Infrastructure and is not zoned residential as many of the submissions stated. The zoning maps that accompany Hurstville Local Environmental Plan 2012 show the use of the land as "church". The existing use is consistent with the use indicated on the zoning map.

 

The SP2 zone does not have height or floor space ratio development standards that apply. The directly adjoining zone is RE1 - Public Recreation. This zone also does not have development standards for height and floor space.

 

The closest zone with development standards is the R3 - Residential Zone. As discussed in this report above, the height to the upper external wall (excluding the domes) and the floor space ratio of the development are consistent with the development standards in the R3 zone.

 

The design of the mosque is incompatible with the surrounding area

Comment: There is no coherent architectural style in the surrounding area which is characterised by a mixture of older style and more contemporary three (3) - four (4) storey residential flat buildings and the existing two (2) storey Pole Depot building to the rear. Although the design of the building is different architecturally from these surrounding uses, it is not considered to have any significant detrimental impact on amenity. The proposal seeks to use similar materials to the existing and while the building is increased in height with an additional level, three domes and minaret, it will continue to function and have the appearance as a place of public worship.

 

The use is not compatible with the surrounding area

Comment: The site has been used as a mosque for at least twenty seven (27) years and prior to that was used as by a different denomination as a place of public worship. This application does not seek to alter the use that has been established at the site for a number of years.

 

The height of the minaret is excessive and will dominate the streetscape

Comment: The minaret has been reduced in height from over 30m as originally proposed to 21m. As discussed in the report above, it is not uncommon for places of public worship to have distinctive architectural features that have a greater height than surrounding buildings. Although the height of the minaret is greater than surrounding buildings, it is not considered that it will have a detrimental impact on any surrounding property. A survey of steeple heights shows that the minaret is not excessive in height by local standards.

 

The building will result in overshadowing to the neighbouring open space and the Pole Depot

Comment: The existing building is located due north of the entrance to the Pole Depot and the adjoining playground. This proposal seeks to use the existing walls that are located very close to the boundary of the site and therefore some overshadowing to the Pole Depot will occur. Although there will be some overshadowing, the majority of the public open space will remain unaffected by the proposal.

 

There are nearby heritage items at 469 Forest Road and 55 Penshurst Street. The design is not compatible with these items.

Comment: The building is located over 100m from the nearest heritage item. Further to this, there are other existing buildings located within the view corridor of the mosque to these heritage items. The proposed additions are not considered to detract from the significance of these heritage items.

 

Inadequate notification was given to residents

Comment: Council originally notified the proposal to a wider area than required by Development Control Plan No.1. Following community concern the proposal was notified to a much wider geographical area which resulted in 1,996 letters being sent out. Council received a total of 3,362 submissions (including signatures on petitions) over the three (3) notification periods. The number of submissions received indicates that the notification was adequate.

 

Supporting information submitted with the application is misleading

The accompanying Statement of Environmental Effects describes the minaret as an architectural roof feature, the traffic report only assesses the impact on Fridays, the building could accommodate an additional four hundred (400) people.

 

Comment: It is agreed that the minaret is not an architectural roof feature as per the definition in the Hurstville Local Environmental Plan 2012 and therefore the minaret has been assessed as part of the proposed building works.

 

The plans as originally submitted included a larger floor area than what is now proposed. The applicant has stated that the congregation is unlikely to dramatically increase in numbers, nevertheless Council Officers have assessed the parking demand based on the controls in Development Control Plan No.1. Further to this, it is unlikely that the additional floor space could accommodate four hundred (400) people.

 

The traffic and parking study submitted with the application uses Friday as the base day for assessment as this is the busiest day of the week at the mosque.

 

General concerns regarding the minaret

Concerns that the minaret was going to be used for "call to prayer". This will be distraction for drivers on Forest Road, would create a privacy impact, and is not suited to a residential area.

 

Comment: The Statement of Environmental Effects clearly states that there is no intention to use the minaret for broadcasting of any nature including the call for prayer. To further insure this, a condition has been recommended so that the minaret is not used for any purpose.

 

There is access to the top of the minaret through an internal staircase. The staircase is required so that the minaret can be maintained. Although there are window openings in the minaret, given the location of the minaret on the site and the narrow internal staircase, any impact on privacy is limited.

 

As discussed in this report above, the minaret is an architectural feature that is common with mosques. Many other places of public worship have distinctive architectural features so that they are clearly identified as places of prayer.

 

Council Referrals 

 

Senior Environmental Health and Building Surveyor

No objections subject to conditions.

 

Senior Traffic Engineer

See report above for assessment relating to Traffic and Parking Study conducted by Council Officers.

 

6.      CONCLUSION

The proposal has been assessed in terms of the relevant planning controls and found to be compliant with Council’s LEP 2012 and other statutory requirements. While the proposed alterations and additions to the existing place of public worship will result in a building that is of a larger scale and appearance than the existing building, the issues of height, bulk, scale and overshadowing have been examined and it is considered there is no adverse impact on the locality.

 

The building has been used as a place of public worship for 27 years and it is acknowledged that unless conditioned, there may be potential to exacerbate traffic and parking issues in the immediate vicinity of the site.

 

In this regard the amended plan reducing mezzanine floor area, conditions on the prayer area and minaret are proposed to address the concerns raised in submissions and minimise any impact from the development.

 

Given the above the application is recommended for approval subject to conditions.

 

DETERMINATION

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 DA2013/0315 for alterations and additions to existing place of public worship (mosque) - first floor addition to existing building including dome structures on roof and construction of 21m high minaret on Lots 2 and 3 DP 14475 and known as 445-447 Forest Road Penshurst, subject to the attached conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

A-05

16 Feb 14

Proposed Floor Plans

B

AB Building Design

A-06

16 Feb 14

Roof Plan

B

AB Building Design

A-07

16 Feb 14

Section A

C

AB Building Design

A-08

16 Feb 14

Elevations

B

AB Building Design

A-09

16 Feb 14

Elevations

B

AB Building Design

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a)  Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$1,505.00

30 Sep 13

2008544

Plan First Fee

X

$371.20

30 Sep 13

2008544

Notification Fee

X

$226.00

30 Sep 13

2008544

DA Advertising Fee

X

$1,105.00

30 Sep 13

2008544

Imaging Fee

X

$138.00

30 Sep 13

2008544

Company Search Fee

X

$20.00

30 Sep 13

2008544

Long Service Levy

 

$2,030.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$1,654.00

 

 

Construction Certificate Application Fee

 

$1,654.00

 

 

Construction Certificate Imaging Fee

 

$138.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1014 - Long Service 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.

 

4.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

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

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

(c)  At the completion of work Council will:

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

5.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at www.hurstville.nsw.gov.au/Forms

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

6.         APR7001 - Building - Hoarding Application During the erection of the tower portion/part of the buildings that is in exceeds the height on the proposed building, either, a separate application for the erection of a B class (overhead type) hoarding or a C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected

 

For a Hoarding that is required to be erected on the street or footpath. The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act and Section 138 of the Roads Act 1993:

(a)  A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location; and

(b)  Hoarding plan and details that are certified by an appropriately qualified engineer; and

(c)   The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

7.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

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

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

8.         GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

9.         CC2004 - Development Assessment - Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

 

(a) The ground floor main prayer hall is not to exceed an area of 190sqm.

 

Reason: so that the proposed extensions do not result in a further deficiency in car parking.

 

(b) The minaret is not to exceed 21m in height from ground level.

 

Reason: so that the proposed minaret is constructed to the height nominated by the applicant and to address this issue raised in submissions.

 

These design changes are to be incorporated into the plans submitted with the Construction Certificate Application.

 

10.       CC7007 - Building - Engineer’s Certificate - A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

 

11.       CC2003 - Development Assessment - Construction Site Management Plan - A Construction Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

 

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Construction Management Plan must be retained on site and is to be made available upon request.

 

12.       CC7008 - Building - Access for Persons with a Disability - Access to and throughout the premises and sanitary facilities for persons with disabilities must be provided in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate Application.

 

13.       CC7002 - Building - Fire Safety Measures prior to Construction Certificate - Prior to the issue of a Construction Certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

 

14.       CC7004 - Building - Structural details    - Structural plans, specifications and design statement 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 framework

 

15.       CC3001  Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to the existing drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

16.       CC7015 - Building - Alternative means of compliance with the BCA - Clause 94 EP&A Regulation 2000 - Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing buildings must be brought into total conformity with the Building Code of Australia.  In this regard, construction plans that demonstrate compliance with the Building Code of Australia must be submitted to the Principal Certifying Authority.

 

Alternatively, if it is found that full compliance cannot be achieved due to the age and/or construction of the existing building, and to achieve full compliance will involve major and costly structural alterations having to be carried out to the existing building, a fire assessment report, to determine an alternative and/or partial compliance with the BCA, must be prepared by an appropriately qualified and accredited fire safety engineer, justifying the non compliances and detailing an alternative method of compliance with the Building Code of Australia. The report must also detail the measures contained in the building to protect persons using the building, to facilitate their egress in the event of fire as well as protection of fire brigade personnel during fire fighting operations, and measures to restrict the spread of fire from the building to other buildings nearby.

 

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative and/or partial level of compliance with the BCA, such report must be submitted to and endorsed by Council prior to issue of the Construction Certificate application.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

17.       PREC7002 - Building - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

18.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

19.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

20.       OCC7001 - Building - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 (the Regulation), on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the Regulation. The Fire Safety Certificate must be in the form required by Clause 174 of the Regulation. In addition, each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate must state:

(a) That the measure has been assessed by a person (chosen by the owner of the building) who is properly qualified to do so.

(b) That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule.

 

A copy of the certificate is to be given (by the owner) to the Commissioner of  Fire and Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

21.       During any prayer service, the main hall is to be used only with no other areas within the building being used to conduct separate/additional meeting or gatherings. The first floor mezzanine is not to be used for prayer services.

 

22.       The minaret shall not be externally illuminated, nor shall any lighting be attached to the external walls of the minaret.

 

23.       ONG4011 - Health - Noise Control - The use of the premises must not give rise to the transmission of ‘offensive noise’ to any place of different occupancy. ‘Offensive noise’ is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

24.       ONG4017 - Health - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill.

 

25.       ONG4018 - Health - Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

 

26.       ONG4019 - Health - Storage of goods outside buildings - There shall be no storage of any goods external to the building with the exception of waste receptacles.

 

27.       ONG4049 - Noise - Restricted use - There shall be no speakers permitted to be installed on the outside parameter of the building or on the minaret. There shall be no music, or amplified noise of any kind broadcast outside the building.

 

28.       ONG4050 - Use of sound system - The use of any sound system must not give rise to offensive noise as defined under the Protection of the Environmental Operations Act 1997 (as amended) and shall comply with the NSW Industrial Noise Policy published by the Environment Protection Authority.  Within three (3) months from the issue of an occupation certificate, an acoustical assessment is to be carried out by a qualified acoustic engineer in accordance with the EPA's Industrial Noise Policy and submit to Council for consideration.  This report should include but not be limited to details verifying that the noise control measures as recommended in the acoustic report prepared by Acoustic Dynamics Pty Ltd dated 28 November 2013 are effective in attenuating noise to an acceptable noise level and the use of the premises does not give rise to "offensive noise" as defined under the provision of the Protection of the Environment Operations Act 1997 (as amended). 

 

29.       ONG4051 - Food - Restricted use - The proposed food preparation areas shall not be used for the purpose of "selling" food as defined under the Food Act 2003 (as amended).  

 

30.       ONG7004 - Building - Noise levels emitted from any plant, machinery, mechanical exhaust system or any outdoor air conditioning unit must not exceed the background noise level in any octave band when measured at any point on the boundary of the site.

 

31.       ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:   

(a)       Within twelve (12) months after the date on which the fire safety certificate was received.

(b)       Subsequent annual fire safety statements are to be given within twelve (12) months after the last such statement was given.

(c)        An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation, 2000.

(d)       A copy of the statement is to be given to the Commissioner of Fire and Rescue NSW, and a further copy is to be prominently displayed in the building.

 

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

 

32.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

33.       PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.  In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

 

34.       PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign.  The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

 

35.       PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council.  The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

 

36.       PRES1005 - Clause 98C- Entertainment Venues - Schedule 3A of the Environmental Planning and Assessment Act 1979 outlines the prescribed conditions which apply to Entertainment Venues.

 

37.       PRES1006 - Clause 98D – Erection of sign for maximum number of persons - This prescribed condition applies to entertainment venues, function centres, pubs, registered clubs and restaurants.  This condition requires the erection of a sign which states the maximum number of persons (as specified in the consent) that are permitted in the building.

 

38.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

39.       OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

 

An application form for a Construction Certificate is attached for your convenience.

 

40.       OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a)     appointed a Principal Certifying Authority (PCA) for the building work; and

(b)     if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

 

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a)     appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b)     notify the PCA of the details of any such appointment; and

(c)      notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

41.       OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

(a)     the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b)     the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

42.       OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

 

A Notice of Commencement Form is attached for your convenience.

 

43.       OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority.  The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

 

44.       OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

 

Where Hurstville City Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

 

45.       OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

If you need more information, please contact the Development Assessment Officer, below on 9330-6222 during normal office hours.

 

For video relating to 445-447 Forest Road Penshurst click here.

 

 

APPENDICES

Appendix View1

Location Plan - 445 Forest Road

Appendix View2

Site Analysis - 445 Forest Road

Appendix View3

Existing Floor Plan - 445 Forest Road

Appendix View4

Amended Floor Plans - 445 Forest Road

Appendix View5

Amended Elevations - 445 Forest Road

Appendix View6

Amended Plans - Roof Plans - 445 Forest Rd

Appendix View7

Revised Plan - Elevation 2 - 445 Forest Road

Appendix View8

Revised Plan Elevation - 445 Forest Road

Appendix View9

Shadow Diagram - 445 Forest Road

 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 1]           Location Plan - 445 Forest Road


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 2]           Site Analysis - 445 Forest Road


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 3]           Existing Floor Plan - 445 Forest Road


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 4]           Amended Floor Plans - 445 Forest Road


 


 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 5]           Amended Elevations - 445 Forest Road


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 6]           Amended Plans - Roof Plans - 445 Forest Rd


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 7]           Revised Plan - Elevation 2 - 445 Forest Road


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 8]           Revised Plan Elevation - 445 Forest Road


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL094-14             445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret

[Appendix 9]           Shadow Diagram - 445 Forest Road


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14        75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking 

Applicant

William Karavelas

Proposal

Demolition of existing and construction of three storey residential flat building with basement parking

Owners

Devali Pty Ltd

Report Author/s

Development Assessment Officer, Mr M Raymundo

File

DA2013/0248

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 – Medium Density Residential

Existing Development

Single Dwellings

Cost of Development

$3,300,000.00

Reason for Referral to Council

Four (4) minor variations to SEPP 65, four minor (4) variations to DCP1 and two (2) submissions received

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index (BASIX) 2004, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.8 Front Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

“Demolition” and “Residential Flat Building”

 

EXECUTIVE SUMMARY

1.         The proposal seeks development consent for demolition of existing and construction of a three storey residential flat building with basement parking on land known as 75, 75A and 77 Pitt Street, Mortdale.

2.         The amended proposal has been assessed and seeks minor variations to SEPP 65 in relation to maximum building depth, setbacks, street setbacks and communal open space. The proposal also seeks minor variations in relation to  minimum principle private open space dimensions, private open space forward of the building line, secondary frontage setback and building envelope under Development Control Plan No 1 – LGA Wide. The variations sought are due to the allotment, which forms a constrained corner site with adjoining established residential flat buildings.

3.         The proposal was notified to one hundred and twenty (120) adjoining neighbouring owners/occupiers in accordance with Council’s notification requirements. In response, two (2) submissions were received.

4.         The application was deferred at the Council meeting of 16 April 2014 for a site inspection. The inspection was held on 29 April 2014. At this inspection the following issues were discussed – setbacks, building envelope and communal open space. In addition a search of Council’s records reveals that a second land owner namely Sapphire Blue Properties Pty Limited are also party to the application and owners consent has been provided.

 

AUTHOR RECOMMENDATION

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

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks development consent for demolition of existing and construction of three storey residential flat building with basement parking on land known as 75, 75A and 77 Pitt Street, Mortdale.

 

In detail, the proposal is described as follows;

·          Demolition of existing dwellings and ancillary structures,

·          Construction of three storey residential flat building comprising of fifteen (15) units – three (3) x one (1) bedroom, eight (8) x two (2) bedroom and four (4) x three (3) bedroom units,

·          Basement accommodating twenty four (24) car spaces – twenty (20) resident and four (4) visitor spaces,

·          Removal of three (3) trees on site.

 

It is noted that the proposal has not sought development consent for strata subdivision.

 

Amended Plans received 2 January 14

·          Deletion of one (1) additional car space over Council’s minimum requirements within basement resulting in compliance with floor space ratio,

·          Minor internal layout and external changes,

·          Reconfiguration of stairs, landscaping and common open space.

 

The amended proposal was not renotified as the amended design did not generate a greater impact than the original proposal.

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lots 30-35 Section G in DP 2921 and is known as 75, 75A and 77 Pitt Street, Mortdale. The site presents a primary frontage to Pitt Street and a secondary frontage to Boundary Road. The site is dimensioned as follows; 31.16m along the north-west primary frontage, 9.49m arc on the western corner, 29.72m along the south-west secondary frontage, 37.43m along the rear south-east boundary and 35.81m along the north- east side boundary, with a total site are of 1,321.4sqm. The site slopes from north (low) to south (high) of about 1.88m. Three (3) dwellings with ancillary structures are located on site. Three (3) trees are located on site and one (1) tree is located on the Council reserve fronting Pitt Street. It is noted that the site is located on an interface zone with the eastern side of Boundary Road being zoned R3 – Medium Density Residential and the western side being zoned R2 – Low Density Residential.

 

The surrounding area comprises of a mixture of residential flat buildings which adjoin the site to the north east (side), south east and south west (rear) and on the opposite side of Pitt Street to the north. Single detached dwellings are located on the opposite side of Pitt Street to the north west and primarily along the western side of Boundary Road. A place of public worship is located to the south west, situated between Woronora Parade and Boundary Road.

 

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

It is noted that the proposal seeks minor variations in relation to Development Control Plan No 1 – LGA Wide. In assessing the variations sought, the proposal has been considered on; its merits, the objectives of the controls, site context and impacts  in accordance with the following provision of Section 79(3A)(b) of the Environmental Planning and Assessment Act 1979 (as amended) which states the following;

 

“(3A) Development control plans If a development control plan contains provisions that relate to the development that is the subject of a development application, the consent authority:

 

(b) if those provisions set standards with respect to an aspect of the development and the development application does not comply with those standards-is to be flexible in applying those provisions and allow reasonable alternative solutions that achieve the objects of those standards for dealing with that aspect of the development.”

 

In this regard, the proposed variations have been considered on their merits and are supported for the reasons further contained within this report.

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The subject site is zoned R3 - Medium Density Residential and the proposed development is permitted in the zone with the consent of Council. The proposed development complies with the relevant provisions of the Hurstville Local Environmental Plan 2012 as follows;

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

In accordance with clause

Yes

1.4 - Definitions

“Residential Flat building”

“Residential Flat building”

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets zone objectives

Yes

2.7 - Demolition

Demolition is permissible with consent

Demolition sought

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

10.9m

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

1:1 (amended to comply)

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

No trees specified within DCP No 1, however three (3) trees of low arboriculture significance; privot, frangipani and myrtle cyprus tree are proposed to be removed. One (1) bottle brush on Pitt Street Council reserve to be retained

Yes

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Not affected

 

Yes

6.7 – Essential Services

Development consent must not be granted to development unless services that are essential for the development are available

Essential services are available to the development

Yes

 

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

Compliance with the relevant state environmental planning policies is detailed and discussed in the table below:

 

State Environmental Planning Policy

Complies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

Yes

State Environmental Planning Policy 55 – Remediation of Land

Yes

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

Yes

 

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

The extent to which the proposed development complies with the controls and principles in the State Environmental Planning Policy 65 – Design Quality of Residential Flat development is detailed and discussed in the tables below.

 

Application of SEPP 65

 

Clause

Standard

Proposal

Complies

3 -  Definitions

Complies with definition of “Residential Flat Building” (RFB)

Complies with definition

Yes

4 - Application of Policy

Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB

Erection of a new residential flat building

Yes

30 – Development Applications

Design verification statement provided by Qualified designer

 

 

Registered Architect Name and Registration No.

Design Verification Statement provided by Registered Architect

 

Nick Lycenko / 3010

Yes

 

 

 

Yes

         

Part 2 Design Quality Principles under the SEPP

 

Clause

Standard

Proposal

Complies

1 – Context

Good design responds and contributes to its context (e.g. natural and built features of an area)

Proposal is considered to be compatible to the site context which forms a corner allotment

Yes

2 – Scale

Good design provides an appropriate scale in terms of the built and height that suits the scale of the street and surrounding buildings

The proposal is considered to be an appropriate scale which complements the surrounding area

Yes

3 – Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

Appropriate built forms with sufficient articulation, massing and modulation

Yes

4 - Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

Appropriate density sought

Yes

5 – Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Adequate use of orientation and energy efficiency. BASIX certificate provided.

Yes

6 - Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Appropriate landscaping provided which complements building bulk and provides sufficient amenity

Yes

7 - Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development.

Adequate amenity provided.

Yes

8 – Safety and Security

Good design optimises safety and security, both internal to the development and for the public domain.

Opportunities for passive natural surveillance integrated within design

Yes

9 –Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

Proposal provides mixture of one, two and three bedroom units. Two adaptable units provided.

Yes

10 - Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.

Appropriate mixture and composition of contemporary elements and materials which are considered to be well integrated within the design.

Yes

 

Clause 30 – Consideration of Residential Flat Design Code Design Controls

 

Clause

Standard

Proposal

Complies

Building Height

Ensure future development responds to desired future scale and character of street and local area

Proposal is considered to the desired future scale and character of the street and local area

Yes

Building Depth

Maximum 18m (glass line to glass line). Wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved

22m

No (1)

Building Separation

3 to 4 storeys/12m:

-12m between habitable rooms/balconies to habitable rooms/balconies

 

 

 

-9m between habitable rooms/balconies to non-habitable rooms

-6m between non habitable rooms to non habitable rooms

 

9.8m adjoining to side north east RFB however proposed balconies and windows appropriately offset

 

9.8m adjoining to rear north east RFB

 

More than 6m

 

No (2)

 

 

 

 

 

Yes

 

 

Yes

Street setbacks

Use different setback controls to differentiate between urban and suburban character areas.  5m -9m range is typical in suburban areas

6m for primary frontage to Pitt Street, 4.03m secondary frontage to Boundary Road as site forms corner allotment

No – discussed in further detail within Section 4.3 – Multiple dwellings and Residential Flat Buildings

Side and rear setbacks

Relate side setbacks to existing streetscape patterns.

Setbacks considered to be sympathetic to existing streetscape character

Yes

Floor Space Ratio (FSR)

To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code.

The proposal complies with the maximum FSR of 1:1

Yes

Deep Soil Zones

A minimum of 25% of the open space area of a site should be a deep soil zone

More than 25%

Yes

Fences and walls

Clearly delineate the public and private domain

Fences along the primary and secondary boundary and wall clearly delineate

Yes

Landscape design

Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity.

Proposal results in usable landscaped areas for both active and passive use

Yes

Open Space

Communal open space should be generally 25% of the site area.

Min private open space for apartment at ground level/podium is 25sqm.

 

Min preferred dimension in one direction is 4 metres

13.8%

More than 25sqm provided

No (3)

 

 

 

 

 

 

Yes

Orientation

Position and orientate buildings to maximise solar access

The subject is orientated towards the north and seeks appropriate spatial separation to adjoining existing residential flat buildings

Yes

Planting on structures

Design for optimum conditions for plant growth

Appropriate dimensions and depths provided for planter boxes

Yes

Stormwater Management

Reduce the volume impact of stormwater on infrastructure by retaining it on site.

Adequate stormwater disposal

Yes

Safety

Undertake a formal crime prevention assessment of the development

Proposal adopts crime prevention principles

Yes

Visual privacy

Provide reasonable levels of visual privacy.

Adequate levels of privacy provide to and from the site and within

Yes

Building Entry

Create entrance which provides a desirable residential identity for development

Pitt Street entrance centrally located within facade

 

Yes

Parking

Provide adequate car parking for the building and integrate parking with the design of the building

Car parking within basement

Yes

Pedestrian Access

Promote residential flat development that is well connected to street and contributes to accessibility.

 

Barrier free access to at least 20% of units

Proposal well connect to street, adequate access granted from Pitt Street and Boundary Road

 

More than 20% barrier free access to units

Yes

 

 

 

 

Yes

Vehicle Access

Limit width of driveways to 6 metres.

Integrate adequate car parking and servicing access without compromising character

6m driveway width which provides adequate functionality and does not result in any adverse streetscape impacts

Yes

Apartment Layout

-Maximum depth from window of single aspect apartment 8.0m

-The back of a kitchen should be no more than 8 metres from a window.

-Width of cross-over apartments more than 15 metres deep should be a minimum of 4 metres

Amended proposal deletes study room of Units 2, 7 and 12.

Complies

 

 

 

Less than 15m

Yes

 

 

Yes

 

 

 

Yes

Apartment Mix

To provide a diversity of apartment types, which cater for different household requirements now and in the future

Appropriate composition of unit types, 1 x 3 bedroom, 2 x 8 bedroom and 4 x 3 bedroom

Yes

Balconies

Primary balconies to be a minimum of 2 metres in depth

Min 2m depth

Yes

Ceiling Heights

Residential buildings/floors

-habitable rooms minimum 2.7m

 

-non habitable rooms minimum 2.25m

 

 

2.7m min

 

2.25m min

 

 

Yes

 

Yes

Flexibility

Provide apartment layouts which can accommodate the changing use of rooms

Flexible appropriate unit layouts

Yes

Ground floor apartments

Optimise the number of ground floor apartments with separate entries.

 

 

Ensure ground floor apartments have access to private open space.

Units 4 and 5 fronting Boundary Road contain separate entrances to private open space

 

All ground floor units have access to private open space

Yes

 

 

 

 

Yes

Internal Circulation

Maximum of 8 units to be accessible from a double loaded corridor.

Maximum 5 dwellings

Yes

Storage

To provide adequate storage for every day household items within easy access of the apartment

1br = 6m³

2br = 8m³

3br= 10m³

Adequate storage provided for 1, 2 and 3 bedroom units

Yes

Acoustic Privacy

Protect acoustic privacy of residents in apartments and in private open spaces

Adequate privacy

Yes

Daylight Access

-Min 70% of units receive min 3 hours of solar access for dense urban environment

 

-Max 10% units southerly aspect

More than 70% solar access achieved to units

 

 

 

 

Yes

Natural Ventilation

-60% of residential units should be naturally cross ventilated.

 

-25% of kitchens should have access to natural ventilation.

More than 60%

 

 

 

More than 25%

Yes

 

 

 

Yes

Facades

Facades must define and enhance the public domain and desired street character

Facades fronting Pitt Street and Boundary Road are considered to adequately address the street

Yes

Roof design

Provide quality roof designs which contribute to the overall design

Skillion low pitch roof design is considered to positively contribute to the streetscape

Yes

Energy efficiency

Reduce reliance on artificial heating and cooling

Compliant with BASIX requirements

Yes

Maintenance

Supply waste management plans as part of the development application

Provided as part of application

Yes

Water conservation

Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site

BASIX provided

Yes

 

(1) Building Depth

The ‘rule of thumb’ requires a maximum building length of 18m, however variations are acceptable. The proposal seeks a maximum building length of 22m. The extent of this variation is due to placement of the lift core and circulation space to result in appropriate functionality for each unit given the site forms a corner allotment. The extent of the variation is considered to be minor in nature and does not detract from amenity for future occupants or the surrounding area. It has also been supported by the Design Review Panel.

 

(2) Building separation

The ‘rule of thumb’ requires a building separation of 12m for habitable rooms/balconies. The proposal seeks a variation to this control at 9.8m to the adjoining RFB at 71-73 Pitt Street to the south east. Full compliance with this requirement would result in an inefficient building footprint resulting in poor internal amenity. The extent of the variation is considered to be appropriate given the site context and that the location of the proposed balconies and windows are appropriately offset, reducing any adverse material impacts. It is also noted that compliant levels of solar access are achieved.

 

(3) Open space

The ‘rule of thumb’ requires that 25% of the site be allocated for communal private open space. Council’s controls do not prescribe such provision of communal private open space to be located on site however 13.8% of the site has been provided at the rear. The proposal provides compliant levels of private open space for each unit which provides adequate and appropriate amenity for future occupants. In this regard, the proposal as a whole is considered to provide appropriate amenity.

 

Advice from the Design Review Panel

This section outlines the advice provided by the Design Review Panel (DRP), the applicant’s response to this advice and the author’s (DAO) comments.

 

PRINCIPLE 1 – CONTEXT

DRP advice: “Generally acceptable.”

 

DAO’s comment: “Satisfactory”

 

PRINCIPLE 2 - SCALE

DRP advice: “Acceptable.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 3 – BUILT FORM

DRP advice:The Panel notes that the boundary road setback is 2m less than the DCP controls, however it is considered to be acceptable given the desirably increased setback on the eastern boundary. This condition also marginally increases the level change between the street and the private open space and interface to Unit 4. The Panel recommends reconfiguring Unit 4 layout to improve this condition.

 

In relation to the street interface:

·    Egress stair on the street corner (south west corner) is intrusive and should be relocated. The ramp should be reconfigured and simplified to increase planting and allow for provision of a large scale feature tree on this prominent corner.

·    At the south western corner on Boundary Road some replanting could improve the security and amenity by relocating the access closer to Unit 4 further north west. This entry zone can be re-planned to allow for large scale trees along the boundary.”

 

Applicant’s response:Amendments adopted.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 4 - DENSITY

DRP advice:The SEE states that the density is approximately in excess by 3% of the LEP controls. There is no apparent reason for supporting the excess density. The applicant said this was a result of an additional car space. The Panel recommends this car space be removed and the garbage room be relocated to this position to increase deep soil on the site.”

 

Applicant’s response:Removal of additional car space, amended proposal complies with HLEP 2012 with of 1:1 FSR.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice: “Subject to BASIX. Unit 2 and units above could be re-planned to improve sunlight access to the living space. The deep balcony of Unit 7 overshadows Unit 2.”

 

Applicant’s response: “Amendments adopted.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 6 – LANDSCAPE

DRP advice:The Panel appreciates the inclusion of large street trees to Boundary Road and Pitt Street. The provision of communal open space could be reconfigured to provide:

A more inviting entry to the communal space from the entry lobby. large scale trees along the south eastern boundary to provide amenity and outlook for adjoining properties.

Reconfigured entry space from Boundary Road to allow for the potential of a relocated egress stair as well as tree planting.

As noted under ‘Built Form’, larger scale feature trees in the deep soil setback zone on Pitt Street.

Reconfigured courtyard to Unit 4 (refer to ‘Amenity’ above). This courtyard could also accommodate more planting by removing the lawn space along the Boundary Road interface. This would improve the privacy for this apartment.

The applicant should ensure OSD tanks and services are located outside of deep soil areas.”

 

Applicant’s response:Amendments adopted.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 7 – AMENITY

DRP advice: Unit 2, 7 and 12 should be re-planned to eliminate the study which is sufficient in size to be used as a bedroom and has no natural light. The bathroom/ laundry/study area could be reconfigured to improve the usable living area of the apartment and improve daylight access. See also comments under ‘Built Form’.

 

Units 4, 9 and 14 have a south east facing balcony and living space. Reconfiguring these units by swapping bedroom 2 and the kitchen and relocating the balcony to Boundary Road elevation would both improve the solar access to living areas and minimise road noise on bedrooms.

 

The corner balcony to Unit 10 should have a solid balustrade to provide visual privacy for the apartment from the road.”

 

Applicant’s response:Amendments adopted.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice:Satisfactory.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 9 – SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice: Satisfactory.”

 

DAO’s comment: “Satisfactory.”

 

PRINCIPLE 10 – AESTHETICS

DRP advice:The Panel has reservations about darker colour and tones used as the context is primarily warmer brick tones. Material selection could be refined to reflect the predominant colours in the nearby context. This would assist in creating a more cohesive streetscape character while retaining a contemporary architectural design.”

 

DAO’s comment: “Satisfactory.”

 

2.      Draft Environmental Planning Instruments

There are no draft planning instruments that apply to the proposed development.

 

Any other matters prescribed by the Regulations

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

 

Demolition

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

 

3.      Development Control Plans

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

 

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

The extent to which the proposed development complies with Section 3.1 Car Parking is detailed and discussed in the table below.

 

Section 3.1 – Car Parking

Standard

Proposal

Complies

3.1.4.1 - Resident parking

1 or 2 bedroom – 1 space

3 or more bedroom – 2 spaces

11 spaces

 

8 spaces

Yes

 

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof

 

4 spaces provided

Yes

3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress

Compliance with AS2890.1 2004 and AS2890.2

 

Compliant with standards

Yes

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

Finished with plain concrete

Yes

3.1.4.4 – Ramps transitions, driveways

Ramp grades to comply with AS2890.2 2004, Part 2

 

Longitudinal section 1:20 to be provided with development application

Compliant

 

 

 

Provided with application

Yes

 

 

 

Yes

 

3.1.4.5- Basement car parking

- Underground parking to be located under building footprint

- Minimise visual impact on street

 

-Mechanical ventilation and exhaust shafts to be illustrated in plans

Parking located under building footprint

 

Basement designed to minimise impact on street

Provided on plans

Yes

 

 

Yes

 

 

Yes

 

3.1.4.6 – Parking for people with a disability

Compliance with AS1428 – Design for access and mobility and AS2890.6

Compliant with standard

Yes

3.1.4.4 - Car washing area

1 space (which can be a visitor space)

 1 space

Yes

 

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

The extent to which the proposed development complies with Section 3.3 – Access and Mobility is detailed and discussed in the table below:

 

Section 3.3 – Access & Mobility

Standard

Proposal

Complies

Adaptable dwellings

1 adaptable dwelling/10 dwellings or part there of (min)

 

Adaptable dwelling complies with AS4299

2 provided (units 2 and 7)

Yes

 

Access requirements

Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas

Complies

Yes

Accessible car space

1 space per adaptable dwelling

 

 

Layout complies with Australian Standard

1 space per adaptable dwelling (units 2 and 7)

 

Complies with standard

Yes

 

 

 

Yes

 

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

 Section 3.4

Standard

Proposal

Complies

Site and building Layout

-Provide surveillance opportunities

-Building addresses street

--Habitable rooms are directed towards the front of the building

-Garages are not dominant

-Offset windows

Satisfactory

Yes

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

Proposed as part of any future strata subdivision

Yes

Entrances

Clearly visible and not confusing

Main entrance on Pitt Street which is clear and not confusing

Yes

Fencing

Allows natural surveillance to street

Upper portion open style fencing to allow natural surveillance to street

Yes

Blind Corners

To be avoided

No blind corner proposed

Yes

Communal Areas

Provide opportunities for natural surveillance

Opportunities for natural surveillance provided

Yes

Landscaping

-Avoid dense medium height shrubs

-Allow spacing for low growing dense vegetation

-Low ground cover or high canopy trees around car parks and pathways

-Vegetation used as a barrier for unauthorised access

Satisfactory

Yes

Lighting

-Diffused/movement sensitive lighting provided externally

-Access/egress points illuminated

-No light-spill towards neighbours

-Hiding places illuminated

-Lighting is energy efficient

Satisfactory

Yes

Security

Provide an appropriate level of security for each dwelling, communal areas and car park

Appropriate security provided for each dwelling, communal areas and car park

Yes

Car parks

Access to lifts and stairwells to be clearly defined

Access to lifts and stairwells are direct and delineated

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Appropriate fencing, height and colours relate to individual ownership

Yes

Building maintenance

Use materials that can be easily cleaned or use anti-graffiti paint

 

Masonry, timber and concrete render proposed

Yes

 

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

An amended BASIX Certificate has been submitted with the application. The development meets the minimum target scores. The proposed development also complies with the solar access requirements of Development Control Plan No 1 in that the adjoining developments will receive appropriate solar access to their private open space area and habitable rooms.

 

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

The proposed development can drain in accordance with the requirements of Development Control Plan No 1. Council’s Team Leader – Subdivision and Development has raised no objection to the drainage of the development subject to conditions of consent being attached to any consent granted.

 

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

 The proposal seeks a front fence height of 1m for the most part, 1.8m for minor gate features and 1.5m for the secondary frontage, primarily comprising of a masonry solid base with infill panels above. The proposal is considered to provide appropriate natural surveillance to and from the site and is considered to be well integrated into the development. In this regard, the proposed development is considered to satisfy the intent of this subsection.

 

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

A Waste Management Plan has been submitted with the application which is acceptable.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

 

Section 4.3

Standard

Proposal

Complies

Minimum Street Frontage

24m

36.1m

Yes

Residential density (Floor Space Ratio)

As per Hurstville LEP 2012

As defined

Yes

Landscaped Area

20%

 

20%

Yes

Maximum Building Height

As per Hurstville LEP 2012

(12 metres)

As defined

Yes

Front Site Height Maximum

12m

10.9m

Yes

Rear Site Height Maximum

12m

10.9m

Yes

Number of habitable storeys at front of site

3 storeys

3 storeys

Yes

Number of habitable storeys at rear of site

3 storeys

storeys

Yes

Minimum Private Open Space Area

Ground floor level

Must not be located forward of the building line

 

<3bedrooms – 50sqm

Min dimension – 3m

 

3 or more beds -60sqm

Min dimension -3m

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

Min width - 2.5m

Direct access from living room

Located forward of building line

 

 

 

More than 50sqm

3m

 

More than 60sqm

3m

 

 

More than 12sqm

More than 12sqm

Min width 2.5m

Direct access from living room

No (1)

 

 

 

 

Yes

Yes

 

Yes

Yes

 

 

Yes

Yes

Yes

Yes

Minimum Principal Private Open Space Area

Ground floor

< 3 bedrooms – 4m x 4m

1:20 (max)

 

3 or more beds -4m x 6m

1:20 (max)

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

 

More than 4m x 4m


1:20

 

Less than 4m x 6m

 

1:20

 

 

More than 12sqm

More than 12sqm

 

Yes

 

Yes

 

No (1)

 

Yes

 

 

Yes

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

Landscape plan provided with DA

Yes

Front Boundary Setbacks

 

Secondary Front Setback

Minimum 6m, balconies can project 1m

 

6m

6m

 

 

4.03m – 6m

(encroaches for 2 x 7m lengths, considered minor).

Yes

 

 

No (2)

 

Rear Boundary Setbacks

Minimum 6m, balconies can project 1m.

6m

Yes

Minimum Side Boundary Setbacks

 

4.0m first and second floor

7.0m third floor

7m (north-east side elevation)

 Yes

Maximum excavation of natural ground level to accommodate ground floor

 

Building Envelope control

500mm

 

 

 

 

 

No projections outside building envelope

500mm – ground floor unit 4 within rear south-west corner

 

 

 

Minor projections outside building envelope along north-east side elevation

Yes

 

 

 

 

 

No (3)

Driveways, access lanes and car parking

 

>20m – Must not occupy more than 33%

 

6m / 16%

 

Yes

Garages and car ports

Garages must not visually dominate the street facade

Basement entry does not dominate street

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Basement does not extend 1m above natural ground level

Yes

Visual Privacy

Habitable windows within 9m to be offset 1m or screened

Habitable windows offset by 9m / screened

Yes

Solar Design and Energy Efficiency

3hrs of sunlight upon the  open space areas of adjacent dwellings between 9am -3pm on 21 June

3 hours solar access achieved

Yes

Fences at the front boundary

Fences facing the street – Max 1m in height

 

If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)

1m majority, 1.8m for gate entries only

 

1.5m along secondary frontage

Yes

 

 

Yes

Site Services

Site must be serviced by standard utilities

Site serviced by standard utilities

Yes

Storage

6 cubic metres per dwelling

6 cubic metres

Yes

 

(1) Principle private open space

Council’s controls require a minimum principal private open space of 4m x 4m (for a two (2) bedroom unit) and this is to be located behind the building line. The proposal seeks a variation to this clause in relation to ground floor Unit 1 which seeks a minimum dimension of 3m x 7m due to the location of the driveway along the north east side boundary. It is noted that this unit contains extra private open space with an acceptable minimum size, thus is considered to be satisfactory in providing amenity to the future occupants.

 

Units 4 and 5 seek to locate principle private open space within the secondary frontage along Boundary Road. As previously discussed within this report, as the allotment forms a corner site, the location of the principle private open space behind the building line would be difficult to achieve even with a more skilled design. It is noted that the proposal has provided compliant levels of private open space which exceed the RFDC requirements to this unit which requires minimum 25sqm. It is considered on the balance of the proposal that sufficient usable amenity has been provided which is considered to adequately satisfy the intent of this subsection. A 1.5m high front boundary fence along the Boundary Road secondary frontage is proposed in addition to 1m of screen planting which is considered to provide appropriate privacy to the principle private open space of these units. In this regard, given the context of the site, the proposed variations are supported whilst still maintaining a reasonable level or privacy an amenity to future occupants.

 

(2) Secondary front setback

Council’s controls prescribe a minimum secondary side setback of 6m. The proposal seeks a minimum setback of 4.03m resulting in a variation of 1.97m fronting Boundary Road.

 

Clause 4.3.2.5 – Building setbacks state the following objective;

 

“Setbacks define a building line from the front, side and rear boundaries of a property. The objective of these setbacks is to provide adequate space for landscaping, visual and acoustic privacy, sunlight penetration, safety requirements and for the establishment of an attractive streetscape”.

 

The applicant has provided the following justification as follows;

“The proposal provides landscaping in excess of DCP requirements and the building performs well in terms of solar access and overshadowing and passive surveillance values.

 

The variation proposed is a direct response to the difficulties in achieving an appropriate built form on the site whilst still retaining reasonable building separation to 71-73 Pitt Street. Notwithstanding the building to the south east at 50-52 George Street has a setback of between 4-5m to George Street. The proposal on the subject site would create a built form generally consistent with this aspect and would effectively continue the street wall presentation which is commonly found along the north eastern side boundary of Boundary Road.

 

A setback of 4m would be less perceptible to the casual observer than the current “hard-edged” setback due to the significant street and shading trees to be situated within the setback to Boundary Road. The south western elevations and montage show areas approximately two x 7m (approx) lengths which are non compliant with the 6m setback requirement. The remaining areas are setback and through the articulation of the balconies, create the perception of a greater depth. It is considered that the proposal provides an attractive and well activated presentation to this secondary frontage.

 

The width of the road reserve differs between the primary and secondary street frontages.  3.6m is provided to Pitt Street versus 4.15m to Boundary Road. As a result, a perception is created in which the building appears to be located further back from the street along Boundary Road, which lends weight to the support of a slightly reduced setback on this secondary street.

 

The subject site is considered to be a prominent corner and deserves suitable presence to establish a new primary gateway to the Mortdale Town Centre. This approach is supported within the DCP.”

 

The proposed variation has been considered against the intent of the planning controls, the applicant’s justification and is supported on the following basis.

·          The proposed variation is not considered to result in any unacceptable or unreasonable bulk and scale or visual impact. Given the prominent corner location of the site in relation to Pitt Street (primary frontage) and Boundary Road (secondary frontage) the proposed variation does not detract from the streetscape as appropriate articulation, modulation, visual interest and material treatment has been incorporated within the design which on balance is considered to be acceptable.

·          The extent of the variation does not result in any unacceptable material privacy or overshadowing impacts as Boundary Road is located adjacent to the west.

·          The proposed variation results in appropriate building mass and amenity layout for each unit and common access ways which is supported by the Design Review Panel. It is noted that the amended proposal complies with the maximum floor space ratio control of 1:1.

 

(3) Building Envelope Control

Council’s controls prescribe a building envelope control under clause 4.3.2.2 which states;

 

“The purpose of the building envelopes is to ensure adequate boundary setbacks and to minimise building heights so that objectives related to privacy, overshadowing, landscaping and streetscape can be achieved”

 

The proposal seeks a variation to this control along the north east side elevation (ground floor planter box, second floor awning and external wall).

 

The proposed variation has been considered against the objectives and intent of the controls and the proposal is considered to satisfy the underlying intent of the planning controls for the following reasons;

·          The subject site forms a corner site in site constraints in achieving an appropriate built form. The extent of the variations are considered to be minor in nature but are warranted to allow for appropriate amenity to future occupants in relation to amenity, shelter which form a usable and functional unit layouts whilst minimising impacts to adjoining properties and greater surrounding area. No unacceptable impacts in relation to privacy or overshadowing arise by the variation sought.

·          The extent of the variations do not result in adverse material bulk or massing as the extent of variation comprises of a mixture of wall recesses, architectural treatment and mixture of materials and colours to add visual interest. This results in a built form which is considered to improve the character of the existing streetscape.

 

4.      Impacts

 

Natural Environment

The proposal seeks the removal of three (3) trees which are of low arboricultural significance with the one (1) bottle brush on the Council reserve on Pitt Street is to be retained. Appropriate conditions relating to excavation, filling and drainage are to be incorporated within any approval. In this regard, the proposal is not considered to result in any unacceptable impacts to the natural environment.

 

Built Environment

The proposal is not considered to result in any unacceptable impacts to the built environment. As previously discussed the proposed built form, spatial separation, minimum principle private open space dimensions, private open space forward of the building line, secondary frontage setback and building envelope are supported on merit as the underlying objectives of the controls have been met and no unacceptable impacts arise.

 

Social Impact

The proposed development has no apparent social impacts.

 

Economic Impact

The proposed development has no apparent economic impacts.

 

Suitability of the Site

The proposal is considered to be suitable for the subject site for the reasons contained within this report.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified/advertised to one hundred and twenty (120) adjoining residents/owners and two (2) submissions objecting to the development were received in reply. The issues raised in the submissions are as follows.

 

Loss of character

Comment: The proposal is not considered to result in adverse character impacts as the proposal as a “residential flat building” forms a permissible development within the zone and is consistent with other residential flat building developments within the immediate area. The proposal has been assessed on its merits and is considered to form part of the desired character within the locality. Variations to Council’s prescribed controls have been considered and have been supported on merit.

 

Car parking impacts/Traffic generation and safety

Comment: As previously discussed within this report, the proposal complies with Council’s controls for on-site residential and visitor car parking. The proposed development is not considered to result in any adverse vehicular or pedestrian safety as it is in an area designated for residential flat building developments.

 

Asbestos

Comment: Removal of any asbestos in site is to be appropriately disposed of in accordance with the Australian Standards which are conditioned as part of any approval.

 

Privacy impacts

Comment: The proposal complies with Council’s controls in relation to privacy to directly adjoining properties and is not considered to result in any unacceptable amenity impacts.

 

Inadequate pedestrian or vehicular access (loading and unloading)

Comment: The proposal results in appropriate pedestrian access from Pitt Street and Boundary Road. The proposal grants vehicular access to and from Pitt Street, which is considered to be acceptable.

 

Loss of property value

Comment:  No evidence has been provided to justify this claim.

 

Solar access

Comment: The proposal results in compliant levels of solar access to adjoining properties during Winter Solstice.

 

Over development

Comment: As previously discussed within the report, the proposal seeks variations to the built form of the proposal. The proposal complies with the maximum permitted FSR and height of the Local Environmental Plan. In this regard, the proposal is not considered to be an overdevelopment of the site. The variations sought within the Development Control Plan are considered not to result in any unacceptable material impacts and are supported on merit as the objectives have been adequately satisfied.

 

Loss of significant trees or vegetation

Comment: The proposal does not result in any adverse loss of any significant trees or vegetation. It is conditioned that three (3) replacement trees be located on site to replenish the tree canopy.

 

Inadequate stormwater drainage – existing overland flow

Comment: The proposal seeks adequate stormwater drainage and seeks to drain to the street by gravity, which is supported subject to conditions of consent.

 

Noise

Comment: The proposal is not considered to result in any unacceptable noise impact during construction or whilst being occupied. Appropriate conditions restricting times of construction have been imposed to ensure amenity is noise impacts are reduced to surrounding properties.

 

Non compliance with LEP or DCP

Comment: As previously discussed within this report, the proposal seeks variations to the prescribed planning controls in relation to minor variations which have been discussed in this report. These are supported on merit as the underlying objectives of the controls have been met.

 

Council Referrals

 

Senior Environmental Health and Building Officer

Council’s Senior Environmental Health and Building Officer supports the proposal subject to conditions of consent.

 

Team Leader – Subdivision and Development

Council’s Team Leader – Subdivision and Development has raised no objection subject to conditions of consent being attached to any consent granted.

 

Manager – Environmental Services

Council’s Manager – Environmental Services has raised no objection to the proposed waste facilities subject to conditions of consent being attached to any consent granted.

 

External Referrals

 

Design Review Panel

The comments of the Design Review Panel have been discussed in the report above under the section entitled “State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development”.

 

6.      CONCLUSION

The proposal has been in accordance with Section 79C Evaluation of the Environmental Planning and Assessment Act 1979 and is considered to adequately satisfy the intent of the objectives of the planning controls.  The proposal seeks a number of variations which have been assessed as minor and supportable on the basis of the extent of the variation sought, site context, minimal impacts and adequately satisfying the underlying objectives of the controls.

 

DETERMINATION

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 DA2013/0248 for demolition of existing and construction of three storey residential flat building with basement parking on Lots 30-35 Section G in DP 2921 and is known as 75, 75A and 77 Pitt Street, Mortdale subject to the attached conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

DA01

5 Nov 13

Site analysis plan

A

Cornerstone Design

DA02 - 05

5 Nov 13

Basement, ground floor, first floor and second floor plan

A

Cornerstone Design

DA07

5 Nov 13

Elevations (NE, NW, SW)

A

Cornerstone Design

 

5 Nov 13

Elevation (SE), section A-A and driveway profile

A

Cornerstone Design

DA06

5 Nov 13

Roof plan

A

Cornerstone Design

13-2712 LO1 - 2

7 Nov 13

Landscape Plan

A

Zenith Landscape Designs

13MB5695/DA01 - 03

Received 8 Sep 13

Drainage Plans

A

United

-

Received 8 Sep 13

Schedule of Finishes

-

Cornerstone Design

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

     (a)  Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$3,815.00

8 Aug 13

2005897

Plan First Fee

X

$2,112.00

8 Aug 13

2005897

Notification Fee

X

$226.00

8 Aug 13

2005897

DA Advertising Fee

X

$1,105.00

8 Aug 13

2005897

Design Review Panel Fee

X

$1,242.00

8 Aug 13

2005897

Long Service Levy

 

$11,550.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

S94 Residential (Community Facilities)

 

$20,190.34

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$142,755.57

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$3,612.50

 

 

Construction Certificate Application Fee

 

$3,612.50

 

 

Construction Certificate Imaging Fee

 

$229.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

Contribution Category                                                                     Amount

Community Facilities                                                                           $20,190.34

Open Space, Recreation and Public Domain Facilities                  $142,755.57

Total:                                                                                                     $162,945.91

 

This condition and contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

b. Indexing

The above contributions will be adjusted at the time of payment to reflect changes in the Consumer Price Index (All Groups Index) for Sydney, in accordance with the provisions of the Hurstville Section 94 Development Contributions Plan 2012.

 

c. Timing and Method of Payment

The contribution must be paid prior to the release of a Construction Certificate as specified in the development consent

 

Please contact Council prior to payment to determine whether the contribution amounts have been indexed from that indicated above in this consent and the form of payment that will be accepted by Council.

 

Contributions must be receipted by Council before a Construction Certificate is issued.

 

A copy of the Hurstville Section 94 Development Contributions Plan 2012 may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville NSW 2220) or viewed at www.hurstville.nsw.gov.au/Strategic-Planning

 

4.         GEN1014 - Long Service 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.

 

5.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

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

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

(c)  At the completion of work Council will:

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au

 

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

7.         APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a)     Construct a new 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Pitt Street in accordance with Council’s Specifications for footpaths.

(b)     Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(e)     Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall 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 shall be carried out by a private contractor, subject to Council approval.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate. 

 

To apply for approval:

 

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from www.hurstville.nsw.gov.au/Forms

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA-****) and reference this condition number (e.g. Condition 23)

(c)  Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

8.         APR6004 - Engineering - 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 Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

9.         APR7001 - Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class (overhead type) hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footways/roadway where the building is within 3.0 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

 

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act and Section 138 of the Roads Act 1993:

(a)         A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location; and

(b)         Hoarding plan and details that are certified by an appropriately qualified engineer; and

(c)          The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

 

A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

10.       GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

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

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

11.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

12.       CC3004 - Development Engineering - Stormwater Drainage Plans (By Engineer Referral Only) - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

 

13.       CC3005 - Development Engineering - On Site Detention - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed.  The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

(a) Peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden, at Annual Recurrence Intervals of 2 years and 100 years.

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

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

 

"This is an on-site detention basin/tank and is subject to possible surface overflow during heavy storms."

 

Full details shall accompany the application for the Construction Certificate

 

14.       CC3014 - Development Engineering - Allocation of car parking and storage areas - A plan showing the allocation of each car space and storage area to each individual unit in accordance with the conditions of the development consent shall be prepared. This plan shall accompany the application for the Construction Certificate. 

 

15.       CC7006 - Building - Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

 

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

 

16.       CC7008 - Building - Access for Persons with a Disability - Access and/or sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

 

17.       CC7010 - Building - Geotechnical Reports - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction.  This is to be submitted before the issue of the Construction Certificate and is to include:

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

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

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

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

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

 

18.       CC7002 - Building - Fire Safety Measures prior to Construction Certificate - Prior to the issue of a Construction Certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

 

19.       CC3001 - Development Engineer - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

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

 

20.       CC2004 - Development Assessment - Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The submitted concept hydraulic plan shows the stormwater outlet from the site crossing the existing low level footpath in Pit Street. This proposed outlet channel will be above the existing footpath level.

(b) The new 1.50 metre wide x 80mm thick concrete path to be constructed for the full frontage of the site in Pitt Street shall be raised in level to eliminate the low level nature of the existing footpath and allow the stormwater outlet to have sufficient cover.

(c) The applicant shall apply to Council for the issue of such footpath levels and evidence of such levels being issued shall accompany the application for the Construction Certificate Application.

 

21.       CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(c)  all clean water run-off is diverted around cleared or exposed areas

(d) silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering  drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f)   controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h)  Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

 

22.       CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a)  piers

(b)  footings

(c)   slabs

(d)  columns

(e)  structural steel

(f)    reinforced building elements

(g)  retaining walls

(h)   stabilizing works

(i)    structural framework

 

23.       CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(i)      Location of existing and proposed structures on the site including existing trees (if applicable);

(ii)     Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(iii)    Location, numbers and type of plant species;

(iv)    Details of planting procedure and maintenance;

(v)     Details of drainage and watering systems.

 

24.       CC2003 - Development Assessment -Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

25.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 490940M_02 dated  19 November 13, approved with the Development Consent DA2013/0248 must be implemented on the plans lodged with the application for the Construction Certificate.

 

26.       CC5002 - Trees - Tree Protection and Retention - The following trees shall be retained and protected:

 

(a) Bottle Brush located in the Pitt Street Council reserve

 

All trees to be retained shall be protected and maintained during demolition, excavation and construction of the site. The tree protection measures must be in undertaken in accordance AS4970-2009 Protection of trees on development sites. Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist (AQF Level 4 or above in Arboriculture) and must be retained thorough all stages of construction.

 

27.       CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the following trees:

(a) Privet centrally located on site,

(b) Crepe Myrtle centrally located on site,

(c)  Frangipani located at rear of site,

 

Three (3) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the insert front and or rear yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

 

The selected trees shall have a minimum pot size of 200L A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website http://www.hurstville.nsw.gov.au/Tree-Management.html

 

28.       CC6004 - Engineering -Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

29.       CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager - Environmental Services, Hurstville City Council prior to the issue of any Construction Certificate.

 

30.       CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development)

The following waste and recycling facilities will be required:-

Domestic Waste:-  4 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 5 x 240 litre MGB’s.

 

The waste storage area being large enough to house a minimum of nine (9) x 240 MGB’s

 

It shall be the responsibility of the Owners Corporation to present the bins to the kerbside for collection and return the bins to the waste storage area as soon as practicable.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

31.       PREC7004 - Building - Structural Engineers Details - Supporting Council road/footway - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting Council’s roadways/footways must be submitted to the satisfaction of Council’s Building Control Department.

 

32.       PREC7001 - Building - Registered Surveyors Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a)        Set out before commencing excavation.

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

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

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

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

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

(g)        Other.

      

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

 

33.       PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site.  The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls.  The sign must remain in a prominent location on site up until the completion of all site and building works.

 

34.       PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

 

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

 

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

 

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

 

35.       PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

36.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

37.       CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

 

38.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

39.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

40.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

41.       OCC3008 - Development Engineering - Consolidation of Site - The site shall be consolidated into one (1) allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Department of Lands prior to the issue of a Final Occupation Certificate.

 

42.       OCC7005 - The proposed structure must be constructed in accordance with details designed and certified by the practicing qualified structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried out in accordance with the structural design, must be submitted to the Principal Certifying Authority prior to issue of the Occupation Certificate.

 

43.       OCC7001 - Building - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 (the Regulation), on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the Regulation. The Fire Safety Certificate must be in the form required by Clause 174 of the Regulation. In addition, each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate must state:

(a) That the measure has been assessed by a person (chosen by the owner of the building) who is properly qualified to do so.

(b) That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule.

 

             A copy of the certificate is to be given (by the owner) to the Commissioner of Fire and Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

 

44.       OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 490940M_02 dated 13 November 13, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

45.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

46.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: Nineteen (19)

(b) Residential visitors: Four (4)

 

47.       OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

(a) Construct a new 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Pitt Street in accordance with Council’s Specifications for footpaths.

(b)  Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(e)  Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall 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 shall be carried out by a private contractor, subject to Council approval.

 

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

48.       ONG3004 - Development Engineering - Conditions relating to future Strata Subdivision of Buildings

           

            No approval is expressed or implied for the subdivision of the subject building(s).  For any future Strata subdivision, a separate Development Application or Complying Development Certificate shall be approved by Council or an Accredited Certifier.

 

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied:

(a)     Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit. The unit number shall coincide with the strata plan lot numbering.

(b)     Car Parking Space Marking and Numbering

Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering.

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

(c)     Designation of Visitor Car Spaces on any Strata Plan

Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

(d)     Allocation of Car Parking Spaces, Storage Areas and Common Property on any Strata Plan

i.    All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

ii.   All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

iii.  The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

iv.  No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required.

 

If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with Section 39 of the Strata Schemes (Freehold Development) Act 1973.

 

The above requirements regarding car parking spaces and storage areas may only be varied with the conditions of a separate Development Application Approval for Strata Subdivision of the Building(s).

(e)     On Site Detention Requirements

The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

(f)      Creation of Positive Covenant

A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

 

"It is the responsibility of the Owner's Corporation to keep the on-site detention facilities, together with any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The on-site detention facilities shall not be modified in any way without the prior approval of Hurstville City Council."

 

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

 

49.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

(a)     Permit stormwater to be temporarily detained by the system;

(b)     Keep the system clean and free of silt rubbish and debris;

(c)      If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

(d)     Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

(e)     Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

(f)       Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

(g)     Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

(h)      Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

(i)       Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

(j)       Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

50.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

(c)  Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

51.       ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:   

(a)       Within twelve (12) months after the date on which the fire safety certificate was received.

(b)       Subsequent annual fire safety statements are to be given within twelve (12) months after the last such statement was given.

(c)        An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation, 2000.

(d)       A copy of the statement is to be given to the Commissioner of Fire and Rescue NSW, and a further copy is to be prominently displayed in the building.

           

52.       ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

 

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

 

53.       ADV7004 - Building - Council as PCA - Compliance with the BCA - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

·    Mechanical air handling, ventilation and car park exhaust system.

·    Essential fire services and equipment including hydrant systems, hose reels, sprinklers, mechanical air handling system, portable fire extinguishers, emergency lights, exit signs, smoke hazard management and warning systems, etc.

·    Smoke hazard management system and associated alarm system, stair pressurisation and fire modelling etc.

·    Emergency lights, exit signs and warning systems.

·    Energy efficiency report demonstrating compliance with the BCA.

·    Protection of wall openings that stand less than 3 metres from the boundary or fire source feature.

·    Fire Separation and Construction between Occupancies

·    Sound Transmission and Insulation between Occupancies

·    A new Fire Engineered Building Report prepared by an accredited fire engineer, confirming that the existing alternative solution implemented in the building will not be rendered ineffective by the proposed building alterations and fit-out works.

·    Floor plan of the whole of the existing building with sufficient details to enable assessment for compliance with the BCA.

 

54.       ADV7005 - Building - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority. (Note: Energy efficiency provisions relate only to new building work or the installation of new measure. Existing building fabric and measures may not be upgraded.)

 

55.       ADV7006 - Building - Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Development Control Plan No 1 - LGA Wide - Section 3.3 Access and Mobility and AS 4299 Adaptable Housing.

 

56.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

57.       PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

 

58.       PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.  In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

 

59.       PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign.  The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

 

60.       PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council.  The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

 

61.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

62.       OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

 

An application form for a Construction Certificate is attached for your convenience.

 

63.       OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

 

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c)  notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

64.       OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

65.       OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

 

A Notice of Commencement Form is attached for your convenience.

 

66.       OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority.  The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

 

67.       OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

 

Where Hurstville City Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

 

68.       OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

If you need more information, please contact the Development Assessment Officer, below on 9330-6222 during normal office hours.

 

For video relating to 75 – 77 Pitt St Mortdale click here

 

 

APPENDICES

Appendix View1

75-77 Pitt Street Mortdale Locality Plan

Appendix View2

Locality Plan 75 - 77 Pitt Street Mortdale

Appendix View3

Photo Montage - 75 Pitt St Mortdale

Appendix View4

Revised landscape plan 75 - 77 Pitt Street Mortdale REDACT

Appendix View5

REVISED - Streetscape Elevations - 75 - 77 Pitt St Mortdale

Appendix View6

REVISED Roof Plan - 75 - 77 Pitt St Mortdale

Appendix View7

Shadow Diagrams - 75 Pitt St Mortdale

Appendix View8

Company extract - owner - 75 Pitt Street Mortdale (Confidential)

Appendix 9

Company extract - owner - 75A-77 Pitt Street, Mortdale (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14             75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking

[Appendix 1]           75-77 Pitt Street Mortdale Locality Plan

PDF Creator


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14             75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking

[Appendix 2]           Locality Plan 75 - 77 Pitt Street Mortdale

 

 



Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14             75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking

[Appendix 3]           Photo Montage - 75 Pitt St Mortdale

 

 



Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14             75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking

[Appendix 4]           Revised landscape plan 75 - 77 Pitt Street Mortdale REDACT


 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14             75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking

[Appendix 5]           REVISED - Streetscape Elevations - 75 - 77 Pitt St Mortdale

PDF Creator


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14             75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking

[Appendix 6]           REVISED Roof Plan - 75 - 77 Pitt St Mortdale


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL096-14             75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking

[Appendix 7]           Shadow Diagrams - 75 Pitt St Mortdale


 


 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL097-14        115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision 

Applicant

J and K Harb

Proposal

Demolition of exsiting dwelling/structures and construction of new multiple dwelling development with strata subdivision

Owners

W M Priestly

Report Author/s

Development Assessment Officer, Mr K Kim

File

DA2013/0325

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R2 - Low Density Residential

Existing Development

Single storey dwelling house and outbuildings to rear

Cost of Development

$895,000.00

Reason for Referral to Council

One (1) submission and variation to DCP1

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004,  Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.2 Subdivision, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-Site Detention (OSD) Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 3.11 Preservation of Trees and Vegetation, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Multiple Dwelling Housing and Subdivision

 

EXECUTIVE SUMMARY

1.         The proposal seeks approval for the demolition of existing structures and construction of four (4) multiple dwellings and strata subdivision of land known as 115 Penshurst Street, Penshurst.

2.         The application was amended to retain a significant Lemon Scented Gum at the rear of the site.

3.         The proposal seeks a variation to the maximum height of excavation allowed for the single storey rear villa under Development Control Plan No 1.

4.         The application was advertised and notified to forty two (42) owners/occupiers in accordance with the provisions under Development Control Plan No 1. In response, one (1) submission was received.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the demolition of existing structures and construction of four (4) multiple dwellings and strata subdivision of the subject site. In detail the proposal involves the following works:

 

Units 1, 2 and 3

These two (2) storey townhouses consist of three (3) bedrooms and double garage for each dwelling. A courtyard with a minimum area of 60sqm is provided to each townhouse adjoining the northern side boundary.

 

Unit 4

This single storey villa at the rear portion of the site consists of two (2) bedrooms within an attic, bedroom at ground floor and double garage. A courtyard with a minimum area of 115sqm is provided on the south western side of this dwelling.

 

Car parking

A visitor parking space is provided in between the two (2) rear dwellings with a turning area in front of the garage of the rear most dwelling (Unit 4). The overall aisle width in front of the rear most villa is 6.565m.

 

A Vehicle accessibility statement (prepared by Terrafic Pty Ltd, dated 1 April 2014, Ref 13150) was submitted with the application confirms that the development complies with the Australian Standards for dimensions of car spaces, car parking layout, circulation, access and egress.

 

Strata Subdivision

The application seeks permission to strata subdivide the development into four (4) strata allotments.

 

Amended plans

Initially the proposal was for five (5) multiple dwellings with removal all existing on-site trees, however it has been reduced to four (4) multiple dwellings to allow the retention of an existing on-site tree (one (1) x Corymbia citriodora - Lemon scented gum, numbered Tree 7 and located on the south eastern side of the rear most villa) as recommended by Council’s Tree Management section.

 

HISTORY

4 Oct 13                     Current development application lodged for proposed multiple dwellings (DA2013/0325)

18 Oct 13                   Application notified for fourteen (14) days

15 Nov 13                  Additional information sought from applicant

6 Dec 13                    Amended plans received

21 Feb 14                  Further amended plans received

5 Mar 14                     Council resolved to amend Development Control Plan No 1 introducing a minimum site area of 315sqm, hold workshop and that all multiple dwelling applications be referred to Council until the controls are determined

26 Mar 14                  Workshop on multiple dwellings held

1 Apr 14                     Applicant submits final amended plans

2 Apr 14                     Development Control Plan amendments endorsed for public exhibition

10 Apr 14                   Development Control Plan exhibition commended for twenty eight (28) days

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the south western side of Penshurst Street, Peakhurst with the nearest cross street being George Street to the south. The subject site is legally described as Lot 21, Section 3 in DP 3446 and is known as 115 Penshurst Street, Peakhurst.

 

The subject site is irregularly shaped, with a street frontage of 15.24m to the street frontage, average depth of 70.64m and a splayed western rear boundary of 21m. The subject site has a total site area of 1076.3sqm and has a fall from the western rear boundary to the street of approximately 2.72m. A sewer pipeline runs across the street frontage, which appears to be contained within the pedestrian footpath in front of the site.

 

There are nine (9) on-site trees scattered across the rear half of the site (two (2) x Bottlebrush numbered trees numbered 1 and 2 located in the mid-section of the site, three (3) x Jacaranda numbered 3, 4 and 9, one (1) x Blackwood numbered 5, one (1) x Carob numbered 6, one (1) x Flooded gum numbered 8 and one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to rear as shown on the submitted arborist reports prepared by Allied Tree Consultancy, dated 13 August 2013, addendum dated 29 November 2013 and a review of arborist reports prepared by The Arborist Network dated 20 January 2014). It is proposed to remove eight (8) of these on-site trees and retain one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to the south western rear corner of the site. Existing on the site is a single storey dwelling house with outbuildings.

 

The area surrounding the subject site is characterised by one (1) and two (2) storey residential developments including single dwelling houses and multiple dwelling developments.

 

COMPLIANCE AND ASSESSMENT

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

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The extent to which the proposal complies with the relevant objectives and standards of Hurstville Local Environmental Plan 2012 is outlined in the table below.

 

Clause

Standard

Assessment Under HLEP 2012

Part 2 – Permitted or Prohibited Development

R2 Low Density Zone

The proposal is defined as a multiple dwelling housing with subdivision. Multiple dwellings and subdivision are permissible in the zone

 

Objectives of the Zone

The proposal complies with the objectives of the zone

2.7 – Demolition requires Development Consent

The demolition of a building or work may be carried out only with development consent

The proposed demolition has been assessed as part of this application and is recommended to be approved, subject to standard demolition conditions of consent being attached to any consent granted

4.1A – Minimum Lot Sizes for Multiple Dwelling Housing

LEP Lot size map:

Subject site is identified as “G” = no minimum site area

1076.3sqm (complies)

4.3 – Height of Buildings

9m as identified on Height of Buildings Map

8.04m (complies)

4.4 – Floor Space Ratio

Site = 1076.3sqm

 

0.6:1 as identified on Floor Space Ratio Map

Proposed GFA = 433.1sqm

 

FSR = 0.4:1 (complies)

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP No 1 - Section 3.11 Preservation of Trees and Vegetation

Council’s Tree Management Officer raised no objection, subject to the conditions attached to the recommendation of this report (ie. retention and protection of 1 x Corymbia citriodora – Lemon scented Gum numbered 7)

6.7 – Essential Services

The following services that are essential for the development shall be available or that adequate arrangements must be made available when required:

 

* Supply of water, electricity and disposal and management of sewerage

 

 

* Stormwater drainage or on-site conservation

 

 

 

 

* Suitable vehicular access

 

 

 

 

 

 

Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land

 

Council’s Manager – Development Advice has raised no objection, subject to the drainage conditions attached to the recommendation

 

New driveway crossing from Penshurst Street (can be conditioned to require a separate vehicular crossing application, should the application be approved)

 

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 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

No Draft Environmental Planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

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

 

Demolition

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

 

3.      Development Control Plans

 

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

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

 

Development

Requirements

Proposed

Complies

3.1.4.1 - Resident parking

3 or more bedroom – 2 spaces (4 units proposed) = 8

8 (4 double garages)

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (4 units proposed) = 1

1 visitor car space

Yes

3.1.4.2(a) – Layout

AS2890.1 – Min. dimensions (double garage) = 5.4m x 5.4m

Double garage:

Min. 5.5m x 5.5m each

Yes

3.1.4.2 –  circulation, access and egress

Compliance with AS2890.1 2004 and AS2890.2

Complies, Vehicle accessibility statement (prepared by Terrafic Pty Ltd, dated 01 April 2014, Ref 13150) submitted with the application confirms that the development complies with the Australian Standards

Yes

3.1.4.8 – Car washing area

Four or more dwellings:

 

1 x designated car washing area

Visitor car space can also be provided as car washing area

Yes

 

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

The proposal seeks development consent for strata subdivision of the dwellings.

 

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

The extent to which the proposed development complies with the crime prevention through environmental design provisions is outlined in the table below.

 

Section 3.4

Requirements

Proposed

Complies

Fencing

Allows natural surveillance to street

Yes - proposed fencing is satisfactory

Yes

Blind Corners

To be avoided

Avoided

Yes

Communal Areas

Provide opportunities for natural surveillance

Windows of living rooms (front dwelling) provide natural surveillance to the street and windows and doors of other dwellings to the common driveway

Yes

Entrances

Clearly visible and not confusing

Clearly defined with front porch to the entrance of each dwelling

Yes

Site and Building Layout

-   Provide surveillance opportunities

-   Building addresses street

-   Habitable rooms are directed towards the front of the building

-   Garages are not dominant

-   Offset windows

Surveillance opportunities provided

Yes

 

Habitable bedrooms to front of the building

 

Yes - not visible from the street

Yes

Yes

 

Yes

 

Yes

 

 

Yes

Lighting

-   Diffused/movement sensitive lighting provided externally

-   Access/egress points illuminated

-   No light spill towards neighbours

-   Hiding places illuminated

-   Lighting is energy efficient

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Landscaping

-   Avoid dense medium height shrubs

-   Allow spacing for low growing dense vegetation

-   Low ground cover or high canopy trees around car parks and pathways

A mixture of landscaping is proposed.  This ranges from ground cover, small shrubs to medium sized trees

Yes

Building Identification

-   Clearly numbered buildings

-   Entrances numbered

-   Unit numbers provided at entry

Can be conditioned to satisfy these requirements, should the application be approved

Yes

Security

Provide an appropriate level of security for each dwelling and communal areas

Sufficient level of security provided for each dwelling

Yes

Ownership

Use of fencing, landscaping, colour and finishes to imply ownership

Landscaping, front porch and driveways indicate ownership

Yes

 

In addition to the above, the proposal contains a shared driveway which allows vehicular access to all garage/car spaces that runs along the southern side boundary.  The proposal incorporates windows located on the ground floor and first floor which allows for passive surveillance to all areas of the subject site. A 1.5m maximum height masonry front fence with a 2.5m front setback allows for passive surveillance to and from the subject site to the street. For the reasons above, it is considered that the proposed development is considered to adequately satisfy the requirements under this subsection.

 

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 No1 – LGA Wide.

 

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

The proposal has adequately satisfied the requirements of this subsection. Council’s Development Engineer has supported the proposed works subject to conditions of consent, should the application be approved.

 

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

The selected types of fencing on the street frontage will provide visual relief and natural surveillance from the dwelling to the street, and provide screening for the private open space behind the front building line of dwellings.

 

It is considered that the fences are of reasonable architectural merit and are unlikely to adversely impact upon the streetscape.

 

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

The Waste Management Plan submitted with the application is consistent with the requirements of Development Control Plan No 1.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.11 PRESERVATION OF TREES AND VEGETATION

In accordance with Clause 5.9 of the Hurstville Local Environmental Plan 2012, a tree management permit is required to allow any removal of a tree or vegetation on a private land that is 3m or more in height or a circumference of 300mm or more or has a branch spread of 3m of more irrespective of species.

 

It is proposed to remove eight (8) on-site trees (two (2) x Bottlebrush numbered trees 1 and 2 located in the mid-section of the site, three (3) x Jacaranda numbered 3, 4 and 9, one (1) x Blackwood numbered 5, one (1) x Carob numbered 6, one (1) x Flooded gum numbered 8 as shown on the submitted arborist reports prepared by Allied Tree Consultancy, dated 13 August 2013, addendum dated 29 November 2013 and a review of arborist reports prepared by The Arborist Network dated 20 January 2014) of variable heights and sizes in order to facilitate the proposed multiple dwelling development. These existing trees that are being removed as part of this application will be replaced with ten (10) medium-large sized trees as per the recommendation of the arborist’s report and landscape plan.

 

The original proposal included the removal of one (1) additional on-site tree (one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to the south western side of the rear most villa, Unit 4), but the removal of this tree was not supported by Council’s Tree Management Officer who commented on this particular tree as follows:

“The assessment of the tree removal by Council’s Tree Management section revealed that this particular tree 1 x Corymbia citriodora – Lemon scented Gum numbered 7 is of immense significance to the local landscape contributing great amenity value. Furthermore it is noted that this tree is in good health and is worthy of retention based on the methodologies for determining tree removals which examines the health, condition and longevity of a tree as the main determining factor. The same conclusion in relation to the removal of 1 x Corymbia citriodora – Lemon scented Gum numbered 7 was reached on all three (3) occasions of referrals to Council’s Tree Management section.

 

A site inspection of the subject site and surroundings has revealed that the Lemon Scented Gum - Corymbia citriodora, labelled as tree 7, is part of the overall existing landscape of the area, where this individual tree contributes to the aesthetic aspects of the landscape character and established landscape value of the area.

 

The subject tree provides landscape quality and species diversity within the area which in turn supports a wider range of wildlife and insects. This tree has been rated medium to high significance supported by IACA Significance of a Tree, Assessment Rating System.

 

The other large tree (one (1) x Flooded gum numbered 8) of similar height and size on the northern side of the rear yard was supported based on the apparent structural damages to the adjoining properties, but  the Lemon Scented Gum - Corymbia citriodora, labelled as tree 7 has no arboricultral reason to be removed. The loss of these two (2) trees at the rear of the site would have a major landscape visual effect, when compared to one (1) tree being removed and having a moderate landscape visual effect. This is because this side of Penshurst Street has a row of established street trees and trees on private properties that create cumulative effects on the overall landscape of the area between trees on public and private lands.

 

This proposal is not reversible, if the Lemon Scented Gum - Corymbia citriodora, labelled as tree 7 is removed, because the proposed dwellings do not provide adequate room for a similar tree to be replanted on the site. As such the option of replanting is not considered to suitable for this proposal. Furthermore replanting with smaller trees will not compensate for the loss of a mature established tree.” 

 

In response to the above initial assessment and comments by Council’s Tree Management Officer, the proposal has been amended to include the retention of one (1) x Corymbia citriodora – Lemon scented Gum numbered 7 to the south western side of the rear most villa, Unit 4. This was achieved by deleting one (1) rear villa and providing four (4) dwellings in total with landscaped area around this tree.

 

Council’s Tree Management Officer has not raised further objection to the amended proposal, subject to conditions requiring protection measures and supervision of an arborist throughout the excavation and construction works (AQF level 5 site arborist to supervise works, to witness and document any trees structural root zone and issue of a certificate of compliance at the end of all works around the tree). As such the proposal is considered to be consistent with the intent of this subsection of Development Control Plan No 1 with these tree conditions.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The proposal has been assessed against the requirements of Section 4.3 of Council’s Development Control Plan No 1 – LGA Wide as shown below.

 

Multiple Dwelling Housing

Requirements

Proposed

Complies

Residential Density (Floor Space Ratio)

HELP 2012 (clause 4.4):

 

 

Max. FSR = 0.6:1

Proposed GFA = 433.1sqm

 

FSR = 0.4:1

Yes

4.3.2.1 Site Planning

i) Minimum street frontage: 15m

 

ii) Relationships with open space:

 

 

iii) Existing landscape:

 

 

 

 

iv) Solar Access:

- Unshaded northern elevation to the development

- Adjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on 21 June

 

v) Privacy and views: Site planning must take into account any adverse privacy impacts on neighbouring properties

15.24m

 

 

Private open spaces to all units meet the requirements of DCP1

 

1 x Corymbia citriodora – Lemon scented Gum (existing significant tree to be retained)

 

Complies

 

 

 

 

 

 

 

 

 

 

 

Privacy impacts minimised by design. All first floor side balconies have a maximum depth of 1m, dense planting provided along northern side boundary and windows are not directed at adjoining dwellings where possible

Yes

 

 

Yes

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.2 Streetscape

Must not diminish the quality of the streetscape

 

The proposed dwellings are considered to compatible with the existing and future desired streetscape, especially when it is compared to the existing multiple dwelling developments with similar orientation and built upon areas

Yes

4.3.2.3 & 4.2.3.4 Building Form & Style and Height

Building Envelope:

- 45 degrees from a height of 3.5m (two storey dwellings)

- 45 degrees from a height of 1.5m (single storey dwellings)

 

 

Maximum building heights:

- Max. 9m (front)

- Max. 6m (rear)

 

 

 

Maximum excavation:

0.5m

 

Recommended max. roof pitch: 22° to 35°

 

 

 

 

 

 

 

Attics:

– Max. roof pitch

45°

- Dormer windows to have Max. internal width of 2m

 

 

Materials and Colours

 

Walls:

- Articulation on façade by the use of bay windows, verandahs, balconies or wall offsets

 

- Max. straight length of 6m for walls to street frontage

 

Storeys:

- Max. 2 storeys for front dwellings

- Max. 1 storey for the rear most dwelling

Units 1, 2 & 3 (two storey dwellings):

Complies with building envelope

Unit 4 (single storey dwelling):

Complies with building envelope

 

Units 1, 2 & 3 (two storey dwellings):

Max. 8.04m

Unit 4 (single storey dwelling): 5.9m

 

0.855m (north of rear villa Unit 4)

 

Units 1, 2 & 3 (two storey dwellings):

Flat roof with 3° roof pitch/less than the maximum recommended roof pitch

Unit 4 (single storey dwelling): 22° - 31° roof pitch

 

Attic: 31° roof pitch

 

Dormer window (north of bathroom and ensuite): Max. internal width of 2m each

 

 

Front walls are appropriately articulated by the use of wall offsets and verandahs and have a straight length of less than 6m

 

 

 

 

2 storeys for three dwellings (U 1-3)

1 storey for the rear most villa (U4)

Yes

 

 

Yes

 

 

 

 

Yes

 

 

 

 

No (1)

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

4.3.2.5 Building Setbacks

 

Front Setback

 

 

Side Setbacks

 

 

Rear Setback

 

 

 

Min. 4.5m to front wall of dwelling

 

Min. 2m (front site)

Min. 1.35m (rear site)

 

Building Envelope:

45 degrees from a height of 1.5m (single storey dwellings)

 

 

 

Unit 1 (front) = 4.5m

 

 

4m – 4.88m

2.8m

 

Complies with building envelope

 

 

 

Yes

 

 

Yes

 

 

Yes

4.3.2.6 Car Parking and Access

3 bedrooms or more:

2 spaces

 

 

 

Visitor parking -

4 dwellings or more:

1 space per 4 dwellings or part thereof

 

Driveway:

- Min. 1.5m setback from windows to main habitable rooms of dwellings

 

 

 

 

 

 

- Site width < 20m: Driveways must not occupy more than 40% of the width of the site

 

- Garages must not extend further towards the front boundary than the front wall

All dwellings have 3 bedrooms each and provide 2 car spaces (double garage) each

 

1 visitor car space provided

 

 

 

 

Windows to dining/living rooms to front dwelling are appropriately located and screened from the common driveway (living rooms can easily be located towards the rear of each dwelling)

 

3.5m in width 23% of the frontage

 

 

 

All garages are located behind the building line and not visible from the street

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

4.3.2.7 Privacy

Visual privacy:

- Habitable room windows to be offset 1m from the edge of the opposite window, or

- Be screened or oriented to ensure the visual privacy

 

 

Acoustic privacy:

Min. 3m separation for windows (development site and adjoining properties)

 

 

 

Site layout:

Active recreational areas, parking areas, vehicle accessways and service equipment areas must be separate from bedroom areas of adjoining dwellings

 

Yes - sufficient privacy screening provided by window off sets, Max. 1m depth for all first floor side balconies and dense planting along the northern side boundary

 

Complies - all front dwellings are setback a minimum 4m and the rear most villa adjoins the northern neighbour’s outbuilding

 

Complies

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

4.3.2.8 Solar Design and Energy Efficiency

Comply with Section 3.5 Energy Efficiency and BASIX

 

Minimise overshadowing of neighbouring private open spaces or windows to habitable rooms

 

Adequate sunlight for rooms generally used during the daytime

 

North facing rooms receive maximum solar access (in multiple dwelling development, the dwellings are encouraged to have a north-facing room capable of being used as a living area)

 

Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on mid winter equinox

Yes

 

 

 

Adequate building separation

 

 

 

 

 

 

 

Northern facing windows to main living areas

 

 

 

 

 

 

 

Complies

Yes

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

4.3.2.9 Fences at the Front Boundary

Max. 1m height for solid fences and walls fronting public space (at frontage)

 

1.8m high fence (with openings that are 50% transparent) may be considered for fence to principal private open space to public space (street)

 

Principal private open space of any new dwelling must be located behind the front building line

Complies - solid front fence is 1.5m high and is setback at least 2.5m from the frontage

 

 

 

 

 

 

 

No private open space forward of building line

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.10 Landscape

Site = 1076.3sqm

 

Landscaped area:

Min. 20% (215.26sqm)/min. width of 2m

 

Landscaping in front of buildings (front setback area) shall provide a suitable visual screen or softening function for the development

 

 

286.6sqm (26.6%)

 

 

 

Yes - plant screening at frontage

 

 

 

Yes

 

 

 

Yes

4.3.2.11 Private Open Space

3 bedrooms or more:

- Min. 60sqm

- 3m in all directions

 

 

 

 

 

 

 

 

- Principal private open space = 4m x 6m, max. grade of 1 in 20 and must be accessible from main living area

(Min. 3m width)

U1 = 60sqm

U2 = 61.04sqm

U3 = 60.97sqm

U4 = 115.93sqm

 

(Min. 4m width, less than 1 in 20 grade and accessible from main living area)

 

U1 = Min. 4m x 13.5m

U2 = Min. 4m x 13.5m

U3 = Min. 4m x 13.5m

U4 = Min. 6.037m x 12m

Yes

 

 

 

 

 

 

 

 

 

 

Yes

4.3.2.12 Site Services

Master TV antenna must be provided for any development of more than two dwellings

 

Storage:

6 cubic metres per dwelling

 

 

Communal outdoor clothes drying facilities:

To be visually screened from the street

Practical for the front dwelling as they are attached but the rear most villa, Unit 4 is detached

 

Min. 6 cubic metres per dwelling

 

In the rear yard of each dwelling and screened from the street

Yes

4.3.2.13 Stormwater Drainage

Gravity drainage is preferred however alternative solutions may be considered in accordance with this section of the DCP during the assessment process

Manager - Development Advice has raised no objection, subject to the drainage conditions requiring a gravity fed drainage system to the street in front of the site

Yes (by condition)

 

(1) Building Form and Height and Style

This section of Development Control Plan No 1 prescribes the maximum excavation allowed for a dwelling that may be required in order to comply with the building envelope. The proposed excavation up to a height of 855mm for the rear most villa exceeds this maximum allowed, but this is mainly due to the finished driveway level and uniformly levelled floor level proposed for this dwelling. The rear villa can easily comply with the building envelope with minimal/compliant height of excavation and split-level layout, but it is not viable for this villa due to the natural contours of the rear yard and insufficient depth of the dwelling for a split-level layout.

 

Despite having this minor variation to the maximum height of excavation for the rear most villa, the proposal on its merit is considered acceptable and is recommended to be supported on the following basis:

·    No adverse amenity impacts are envisaged with the proposal, given that the rear most villa is single storey construction and it has sufficient privacy screening and building separations from the adjoining properties.

·    Most of the proposed excavation is to occur on the northern side of the rear most villa with a minimum clearance of 3m from the centre of the Lemon Scented Gum (on the southern side of this villa) and conditions of consent are recommended to require protection measures and supervision of an arborist, especially during excavation around this tree. Hence the proposed excavation is unlikely to have any adverse impact on the significant Lemon Scented Gum on the southern side of the rear most villa.

·    The proposal is unlikely to cause any detrimental physical impacts on adjoining properties or the site stability and existing drainage patterns with conditions of consent requiring retaining walls and protection and support of adjoining properties and compliance with the submitted site management and drainage plan to minimise any physical impacts on the adjoining properties.

·    Overall the proposed construction for the dwellings is considered to be site responsive as it involves minimal filling and excavation, except for the rear most villa, Unit 4, which is considered to be acceptable for the reasons above. 

 

PROPOSED AMENDMENT TO DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS – Minimum Site Area per Dwelling Unit

Council is currently exhibiting amendments to this Development Control Plan principally a minimum site area control of 315sqm per multiple dwelling unit.  This will only come into operation when adopted by Council and has no affect on the development application subject to this report.

 

4.      Impacts

 

Natural Environment

The proposal includes the retention of existing significant tree on the site (one (1) x Corymbia citriodora – Lemon scented Gum). Also the proposal incorporates sufficient landscaped areas to soften the building and contribute to the natural environment.

 

The proposed excavation for the dwellings is considered acceptable, subject to the conditions attached to the recommendation of this report.

 

Overall the proposal is unlikely to have any adverse impact upon the natural environment as a site/waste management plan, sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts.

   

Built Environment   

The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments. This is achieved by the full compliance with the requirements of the majority of Council’s planning controls with the exception of a minor non compliance that is supported for the reasons discussed earlier in the report.

 

In respect to streetscape, the proposed dwellings are considered acceptable as it incorporates variable architectural treatments on the façade of the front most dwelling and provides sufficient landscaping within the front setback to soften the visual impact on the streetscape.

 

In terms of overshadowing, the proposal would allow a minimum of 3hrs 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 purposes and no adverse economic impact is envisaged.

 

Suitability of the Site

The proposed development is considered suitable for the subject site for the reasons contained within the report.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The subject application was notified / advertised to forty two (42) adjoining residents and owner for fourteen (14) days in which to view the plans and submit any comments on the proposal. One (1) submission was received in relation to this application and raised the following concerns.

 

Overdevelopment - excessive bulk and scale

A concern was raised in relation to bulk and scale of the proposed development without any specific details.

 

Comment: The amended proposal results in one (1) less dwelling and it complies with Council’s Local Environmental Plan standards and Development Control Plan No 1, except for the minor variation to the maximum height of excavation under Development Control Plan No 1, which is considered acceptable and recommended to be supported for the reasons outlined in this report.

 

Privacy impact – windows and doors on side elevations

This concern relates to a potential overlooking from all windows and doors on the side elevations of the proposed dwellings. A request was made to include obscure glazing or similar to these windows and doors as well as providing dense planting along the site boundary and additional privacy screen on the top of the boundary fence.

 

Comment: The proposal has been amended to incorporate the above changes requested by the neighbour, which was accepted by the submitter who raised no further objection. Also a condition has been attached to the recommendation of this report to require an additional privacy screen on the top of the boundary fence. This condition has been agreed by the applicant.

 

Reasons for support

Albeit the concerns mentioned above, this neighbour supports the subject application on the following basis:

·    Provides additional housing to meet demands

·    Good urban design

·    Enhances the area

 

Comment: The above comments have been noted.

 

Council Referrals

 

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development Advice has considered the proposal and advised that the proposal may be considered for approval subject to the drainage conditions and subdivision conditions attached to the recommendation.

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection, subject to conditions of consent being attached to any consent granted.

 

6.      CONCLUSION

The proposal have been assessed under Section 79C Matters for Consideration under the Environmental Planning and Assessment Act 1979 (as amended) and considered to adequately satisfy the intent of the applicable planning controls as detailed within this report.

 

The variation to the maximum excavation requirement of Development Control Plan No 1 is supported for the reasons stated in this report.

 

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

 

The bulk and scale of the development complies with Council’s current controls and the proposal is considered to be consistent with the future desired character of the area, as the overall proposal is capable of complying with the majority of Council’s planning controls.

 

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

 

DETERMINATION

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 DA2013/0325 for the demolition of existing structures, construction of 4 x 3 bedroom dwellings as a multi dwelling development and strata subdivision on Lot 21 Sec 3 DP 3446 known as 115 Penshurst Street Penshurst, subject to the attached conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

DA 2.00

7 Apr 14

Ground Floor Plan

H

CMT Architects

DA 2.01

7 Apr 14

First Floor Plan

H

CMT Architects

DA 2.02

7 Apr 14

Roof Plan

F

CMT Architects

DA 3.01

7 Apr 14

Sections

D

CMT Architects

DA 4.01

7 Apr 14

Elevations

I

CMT Architects

DA 1.01

7 Apr 14

Site/Landscape Plan

F

CMT Architects

Sheet 1 of 1

26 Jul 13

Survey Plan

--

J P Bates and Inwood

1435 - S1/3

2 Oct 13

Sediment Control Details

B

John Romanous and Associates

--

Received: 4 Oct 13

Schedule of Colours and Finishes

--

CMT Architects

--

Received: 4 Oct 13

Waste Management Plan

--

CMT Architects

--

Received: 4 Oct 13

Work Method Statement

--

CMT Architects

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

            (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$1,820.00

4 Oct 13

2008774

DA Replacement Fee

X

$910.00

2 Apr 14

2015439

Plan First Fee

X

$572.80

4 Oct 13

2008774

Notification Fee

X

$226.00

4 Oct 13

2008774

DA Advertising Fee

X

$1,105.00

4 Oct 13

2008774

Long Service Levy

 

$3,132.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$130.00

 

 

S94 Residential (Community Facilities)

 

$7,434.00

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$52,566.00

 

 

 

The following fees apply when you submit an application to Council for the Subdivision Certificate.

 

Subdivision Application Fee

X

$655.00

4 Oct 13

2008774

Subdivision Certificate Fee

 

$810.00

 

 

S88B Checking Fee

 

$292.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$2,063.50

 

 

Construction Certificate Application Fee

 

$2,063.50

 

 

Construction Certificate Imaging Fee

 

$172.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

Contribution Category                                                                     Amount

Community Facilities                                                                           $7,434.00

Open Space, Recreation and Public Domain Facilities                  $52,566.00

Total:                                                                                                     $60,000.00

 

This condition and contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

b. Indexing

The above contributions will be adjusted at the time of payment to reflect changes in the Consumer Price Index (All Groups Index) for Sydney, in accordance with the provisions of the Hurstville Section 94 Development Contributions Plan 2012.

 

c. Timing and Method of Payment

The contribution must be paid prior to the release of a Construction Certificate as specified in the development consent.

 

Please contact Council prior to payment to determine whether the contribution amounts have been indexed from that indicated above in this consent and the form of payment that will be accepted by Council.

 

Contributions must be receipted by Council before a Construction Certificate is issued.

 

A copy of the Hurstville Section 94 Development Contributions Plan 2012 may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville) or viewed on Council’s website www.hurstville.nsw.gov.au/Strategic-Planning.html.

 

4.         GEN1014 - Long Service 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.

 

5.         GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

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

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $130.00.

(c)  At the completion of work Council will:

(i)         review the dilapidation report prepared prior to the commencement works;

(ii)        review the dilapidation report prepared after the completion of works;

(iii)       Review the Works-As-Executed Drawings (if applicable); and

(iv)       inspect the public works.

 

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au/Forms

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

7.         APR6003 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a) Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(b) Repair all damaged sections of concrete footpath outside of the frontage of the site in Penshurst Street in accordance with Council’s Specifications for footpaths.

(c)  Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall 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 shall be carried out by a private contractor, subject to Council approval.

 

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate. 

 

To apply for approval:

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Council’s Website at www.hurstville.nsw.gov.au/Forms

(b) In the Application Form, quote the Development Consent No. (eg. 2012/DA-****) and reference this condition number (e.g. Condition 23)

(c)  Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

8.         APR6004 - Engineering - 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 Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

9.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

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

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

10.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

11.       CC2004 - Development Assessment - Design Changes - The following design change is required and is to be incorporated into the plans to be lodged with the Construction Certificate application.

(a)       A privacy screen shall be provided on top of the existing northern side boundary fence for the length of the proposed two storey front dwellings at developer’s expanse.  The privacy screen is to have an effective height of 2m from the existing ground level (any part of the privacy screen that is below the top level of the existing boundary fence may remain open) and comprise of a material that cannot be seen through, such as lattice or louvres. If louvres are to be used, they are to be fixed in a position that does not allow downward viewing of the adjoining properties.

(b)       No part of the privacy screen, including any footings, posts or support is permitted to encroach or overhang any property boundary.

 

12.       CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

(a)   Compliance with the approved Erosion and Sediment Control Plan

(b)   Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(c)    all clean water run-off is diverted around cleared or exposed areas

(d)   silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering  drainage systems or waterways

(e)   all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f)     controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g)   all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h)    Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

 

13.       CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(i)      Location of existing and proposed structures on the site including existing trees (if applicable);

(ii)     Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(iii)    Location, numbers and type of plant species;

(iv)    Details of planting procedure and maintenance;

(v)     Details of drainage and watering systems.

 

14.       CC2003 - Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

15.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 507020M_02 dated 8 April 2014, approved with the Development Consent DA2013/0325, must be implemented on the plans lodged with the application for the Construction Certificate.

 

16.       CC3001 - Development Engineering - Stormwater System - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to the upper level of Council’s grated pit, located in the footpath area outside No.113 Penshurst Street in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

17.       CC3004 - Development Engineering - Stormwater Drainage Plans (By Engineer Referral Only) - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

 

18.       CC3005 - Development Engineering - On Site Detention - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed.  The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

(a) Peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden, at Annual Recurrence Intervals of 2 years and 100 years.

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

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

"This is an on-site detention basin/tank and is subject to possible surface overflow during heavy storms."

 

Full details shall accompany the application for the Construction Certificate

 

19.       CC5002 - Trees - Tree Protection and Retention - The following tree shall be retained and protected:

(a) One (1) x Lemon Scented Gum (Corymbia citriodora) at the rear of the site.

 

All trees to be retained shall be protected and maintained during demolition, excavation and construction of the site. The tree protection measures must be in undertaken in accordance AS4970-2009 Protection of trees on development sites.

 

If any excavation occurs within the Tree Protection Zone of any trees to be retained the involvement of the AQF Level 5 site Arborist will be required. The Arborist may need to be present to supervise works and ensure that no root damage occurs to the tree. Any works within any trees Structural Root Zone must be witnessed and documented by the AQF Level 5 site Arborist. At the end of the works period the AQF Level 5 site Arborist will need to issue a certificate of compliance for the job to ensure the tree protection on site was adequate to retain the trees in good health for the long term.

 

20.       CC6004 - Engineering - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

21.       CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

  (a)    piers

  (b)    footings

  (c)    slabs

  (d)    columns

  (e)    structural steel

  (f)     reinforced building elements

  (g)    retaining walls

  (h)    stabilizing works

  (i)     structural framework

 

22.       CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager - Environmental Services, Hurstville City Council prior to the issue of any Construction Certificate.

 

23.       CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) - The following waste and recycling facilities will be required:-

 

Domestic Waste:- 1 x 120 litre Mobile Garbage Bins (MGB’s) per dwelling;

Domestic Recycling:- 1 x 240 litre MGB’s per dwelling.

Green Waste: - 1 x 240 litre MGB’s per dwelling.

 

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

 

The location of the proposed Waste Storage Area as shown on the submitted plan is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

24.       PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - 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.

 

25.       PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

 

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

 

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

 

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

 

26.       PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

 

27.       PREC7001 - Building - Registered Surveyors Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a)        Set out before commencing excavation.

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

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

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

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

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

(g)        Other.

 

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

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

28.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

29.       CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

 

30.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

31.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

32.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

33.       OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 507020M_02 dated 8 April 2014, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

34.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

35.       OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: Two (2) spaces per dwelling as per the approved plans

(b) Residential visitors: One (1) space

(c)  Car wash bay: One (1) space which can be the visitor space

 

36.       OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's, Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

(a)     Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(b)     Repair all damaged sections of concrete footpath outside of the frontage of the site in Penshurst Street in accordance with Council’s Specifications for footpaths.

(c)    Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall 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 shall be carried out by a private contractor, subject to Council approval.

 

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

 

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Subdivision Certificate.

 

37.       SUBS9001 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

(a)     Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA2013/0325.

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site prior to the issue of the Strata Certificate.

 

(b)     Unit Numbering

Permanent Apartment type numbers shall be installed in a prominent position adjacent to the entrance of each unit.

Each unit shall be numbered in accordance with the strata plan lot numbering prior to the issue of the Strata Certificate.

 

(c)       Letterboxes

Separate letterboxes, for each unit and the Owner's Corporation, shall be provided with permanent type numbers to be installed to each letterbox prior to the issue of the Strata Certificate.

 

(d)      Street Number

The street number 115 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

 

(e)      Visitor Parking Sign

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of the Strata Certificate.

 

(f)        On Site Detention Sign

A screw-on professionally made sign shall be installed adjacent to any on-site detention facility prior to the issue of the Strata Certificate. The sign shall contain the following text (or similar):

"This on-site detention facility is subject to possible surface overflow during heavy storms."

 

(g)      Courtyard Fencing

All courtyard fencing is to be completed on site prior to the issue of the Strata Certificate.

 

(h)       Compliance Certificate from Sydney Water

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

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

 

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

 

The Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

 

38.       SUBS9003 - Subdivision - Requirement for application of a Strata Certificate - Section 37 - To enable the determination of the application for a Strata Certificate by Hurstville City Council or an Accredited Strata Certifier, the applicant must submit the following:

(a)   Application for Strata Certificate form duly completed with payment of fees current at lodgement; and

(b)   Three (3) copies of the Final Strata Plan prepared by a Registered Surveyor in accordance with the above final Strata Plan requirements

(c)    The Original Strata Plan Administration Sheet(s) plus one (1) copy

(d)   The Original of any relevant 88B instrument plus one (1) copy.

(e)   A Section 73 (Sydney Water) Compliance Certificate for the development.

 

IMPORTANT NOTES:

 

(i)         A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

(ii)        Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

(iii)       Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

(iv)      Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

(v)       All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

 

39.       SUBS9002 - Subdivision - Final Strata Plan Requirements - A final Strata Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

(a) Designation of Visitor Car Spaces on Strata Plan

Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

 

(b) On Site Detention

The location of the on-site detention facility is to be shown on the strata plans by the surveyor and suitably denoted.

 

(c)  Creation of Positive Covenant

A Positive Covenant is to be created pursuant to Section 88B of the Conveyancing Act, 1919 for the maintenance of any on-site detention drainage facilities. This Covenant shall be worded as follows:

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

 

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

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

40.       ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

 

41.       ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

 

42.       ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

(a)     The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

(b)     The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

(c)      Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

(d)     Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

 

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

 

43.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

(a)   Permit stormwater to be temporarily detained by the system;

(b)   Keep the system clean and free of silt rubbish and debris;

(c)    If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

(d)   Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

(e)   Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

(f)     Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

(g)   Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

(h)    Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

(i)     Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

(j)     Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

ADVICE

This advice has been included to provide additional information  and where available direct the applicant to additional sources of information based on the development type.

 

44.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

45.       PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

 

46.       PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.  In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

 

47.       PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign.  The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

 

48.       PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council.  The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

 

49.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

50.       OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

 

An application form for a Construction Certificate is attached for your convenience.

 

51.       OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

 

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c)  notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

52.       OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

53.       OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

 

A Notice of Commencement Form is attached for your convenience.

 

54.       OPER1005      Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

 

No later than two (2) days before the subdivision work commences, the PCA must notify:

(a) The consent authority and the council (if not the consent authority) of his or her appointment; and

(b) The beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the subdivision work.

 

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

 

55.       OPER1006 - Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the subdivision works.

 

A Notice of Commencement Form is attached for your convenience.

 

56.       OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority.  The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

 

57.       OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

 

Where Hurstville City Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

 

58.       OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

If you need more information, please contact the Development Assessment Officer, below on 9330-6222 during normal office hours.

 

For video relating to 115 Penshurst Street Penshurst click here

 

 

APPENDICES

Appendix View1

Location map - 115 Penshurst Street Penshurst

Appendix View2

Front - photo - 115 Penshurst Street Penshurst

Appendix View3

Southern neighbour - photo - 115 Penshurst Street Penshurst

Appendix View4

Northern neighbour - photo - 115 Penshurst Street Penshurst

Appendix View5

Architectural plans - 115 Penshurst Street Penshurst

 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL097-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 1]           Location map - 115 Penshurst Street Penshurst


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL097-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 2]           Front - photo - 115 Penshurst Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL097-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 3]           Southern neighbour - photo - 115 Penshurst Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL097-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 4]           Northern neighbour - photo - 115 Penshurst Street Penshurst

 

 



Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL097-14             115 Penshurst Street Penshurst - Demolition of exsiting dwelling and structures and construction of new multiple dwelling development with strata subdivision

[Appendix 5]           Architectural plans - 115 Penshurst Street Penshurst


 


 


Hurstville City Council – Council Meeting Wednesday, 7 May 2014

CCL098-14        84D Roberts Avenue Mortdale - Fit-out and use of approved retail cafe tenancy - shop 1 - on ground level of approved development for a cafe and juice bar with associated signage 

Applicant

The Brasserie Club

Proposal

Fit-out and use of approved retail/cafe tenancy (shop 1) on ground level of approved development for a cafe/juice bar with associated signage

Owners

Romanous Developments Pty Ltd

Report Author/s

Senior Development Assessment Officer, Ms P Bizimis

File

DA2014/0072

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone IN2 – Light Industrial

Existing Development

Mixed retail/commercial development under construction

Cost of Development

$18,000.00

Reason for Referral to Council

Referred for Council determination

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Draft State Environmental Planning Policy (Competition) 2010, Development Control Plan No 1 - LGA Wide – Section 2.2 Neighbour Notification and Advertising of Development Applications, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention through Environmental Design, Section 3.9 Waste Management, Section 5.5 Food Premises, Section 5.3 Light Industrial Areas, Section 5.8 Advertising and Signage

Hurstville Local Environment Plan Interpretation of Use

Restaurant or café and Advertising Structure

 

EXECUTIVE SUMMARY

1.         The application seeks permission for the fit-out and use of an approved retail/café tenancy on the ground floor of an approved development for a café/juice bar with associated signage.

2.         The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies.

3.         The application was not notified under clause 2.2.3.3 of Development Control Plan No 1 as the proposed use is within an approved retail/café tenancy which is unlikely to have an adverse impact on adjoining development.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The application seeks permission for the fit-out and use of an approved retail/café tenancy on the ground floor of an approved development for a café/juice bar with associated signage. Details of the use and proposed works are as follows:

 

Description of Use:               The proposed fit-out and use is for a café and juice bar. The fit-out of the premises comprises food preparation areas with associated equipment (juicer, sink, microwave oven, coffee machine), drinks fridge, workbenches, storage area and shelving. It is also proposed to provide thirteen (13) tables and fifty four (54) seats, within the shop.

 

Hours of Operation:              Monday to Friday: 5.00am to 10.00pm

Saturday and Sunday: 6.00am to 10.00pm

 

Car parking:                           Four hundred and eighteen (418) car spaces provided in the basement levels of the development for use by tenants/customers/visitors of the development.

 

Loading/Unloading:              Designated loading/unloading area provided to development for use by all tenants

 

Number of workers:              Two (2) full time and three (3) part time

 

Sign:                                       The proposed two (2) x wall signs will be attached to the walls of the tenancy which read “Fuel Espresso and Juice”.

 

BACKGROUND

16 Dec 09      Development consent no 08/DA-411 was granted for the construction of a three (3) storey building at 84D Roberts Avenue, Mortdale comprising of a supermarket, a retail bulky goods showroom, a gymnasium (fitness centre) and offices with a three (3) level basement car park. The application has been modified on six (6) occasions.

The approved development included a café (shop 1) with adjoining retail use (shop 2) on the ground level of the development. This area was approximately 193sqm in floor area with the café component being approximately 80sqm. An “outdoor decking” area is also attached to the café. The “outdoor decking” area is internal to the building and comprises the open plan seating area of shop 1.

The plans submitted with this application show that the dividing wall between shop 1 (café) and shop 2 has been moved so that shop 2 has a larger floor area of approximately 83sqm. The overall floor area of the tenancies has not increased but rather been divided so that shop 2 has a larger floor area.

Condition 120 of the development consent requires four hundred and eighteen (418) car spaces to be provided on site for the use of all tenants / customers / visitors.

 

2 Apr 14         Development Application No DA2014/0078 for the fit-out of shop 2 as a pharmacy was refused by Council. The application was refused as the building within which shop 2 is located has yet to be issued with an Occupation Certificate. In light of this Council decision, this development application has been referred to Council for determination.

 

DESCRIPTION OF THE SITE AND LOCALITY

The site is located at 84D Roberts Avenue Mortdale.  The site is an irregular shaped allotment with a total area of 11,210sqm.  The site has a narrow (15.245m) frontage to Roberts Avenue.  The site remains narrow for a distance of 45.705m from Roberts Avenue and then opens up to a width of approximately 131.06m in an east-west direction.

 

The development of the site is currently under construction and can be described as having two (2) components. The eastern portion which is to be occupied by the new approved three (3) storey development. The western portion of the site is occupied by bushland consisting of dense tree cover and a natural creek which traverses the site in a north-south direction. The creek is sourced by two (2) separate enclosed stormwater pipes that protrude near the northern boundary of the site.

 

The northern boundary and eastern boundary of the site are adjoined by industrial developments elevated above the subject site above a wall of bedrock. The site is constrained by a number of easements to drain water, sewer chambers, sewer pipes, Telstra pits and stormwater pits.

 

Adjoining the site to the south is the St George Masonic Club with frontage to Roberts Avenue and at the rear is an aboveground concrete encased sewer line that extends across the full length of the subject southern boundary.

 

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 2012

The subject site is zoned IN2 - Light Industrial and the proposed development is permissible in the zone as a “restaurant and café” and “advertising structure” with the consent of Council. The proposed development is within an approved retail/café tenancy and has no implications on the requirements of Hurstville Local Environmental Plan 2012.

 

2.      Draft Environmental Planning Instruments

DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010

The aims of this policy are to:

a)   Promote economic growth and competition, and

b)   Remove anti-competitive barriers in environmental planning and assessment.

 

The policy includes criteria to remove anti-competitive barriers to commercial development, being retail premises, business premises, and/or office premises. Basically, the Policy does not allow for a proposed use to be refused consent on the basis that similar uses exist in the vicinity of the subject site. As such the proposed development cannot be refused on the basis that there are other café/juice bar uses in the vicinity of the subject site.

 

3.         Development Control Plans

The proposed development has been assessed against Council’s relevant sections of Development Control Plan No 1 as follows.

 

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

The approved development requires four hundred and eighteen (418) car spaces to be provided on site for the use of tenants / customers / visitors. When the café was approved with the original development it was defined as having a floor area of approximately 80sqm. The plans submitted with the application show the café as being 110sqm (including the “outdoor decking area”) with the public floor area of the development being 90sqm.

 

The proposed use is defined as a “refreshment room” under Development Control Plan No 1 for the purposes of calculating car parking spaces. Under the requirements of Clause 3.1.2.1 of Development Control Plan No 1, no additional car parking spaces are required to be provided for refreshment rooms if the public area is less than 100sqm. The proposed development has a public area of 90sqm and as such no additional car parking spaces above the car parking provided for the development.

 

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

The approved development is required to provide appropriate access and facilities for people with a disability in accordance with the relevant legislation to all retail/commercial tenancies of the development. As such the subject tenancy will be provided with and have access to the required facilities for disabled persons.

 

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

The proposed development has been assessed against crime prevention principles and is considered to be acceptable. The proposed development does not create any additional opportunities for crime. The tenancy has a frontage to Roberts Road and adjoins the public entry to the development from Roberts Road. This allows casual surveillance of the site which is consistent with crime prevention principles.

 

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

Waste management facilities are required to be provided for the whole development which includes waste facilities for the retail/commercial tenancies. As such appropriate waste facilities are provided for the use.

 

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

Appropriate conditions of consent have been provided in the recommendation requiring the premises to be fitted out and operated in accordance with the relevant food premises requirements and legislation.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.3 LIGHT INDUSTRIAL AREAS

Section 5.3 applies to new industrial developments. The development, the subject of this application relates to a fit-out and use of an approved retail area in a new development. The clause of Section 5.3 which may be relevant to this application is Clause 5.3.7.3 Hours of Operation which states that “the hours of operation for industrial activities are between the hours of 7.00am and 5.00pm Mondays to Saturdays inclusive, with no work on Sundays or Public Holidays. For those properties that are not located adjoining or opposite a residential property where the use does not result in heavy machinery work the extended trading hours 7.00am to 7.00pm Mondays to Saturdays inclusive with no work on Sundays or Public holidays apply”.

 

The proposed use, being a café/juice bar is not defined as an “industrial activity” and as such the proposed hours of operation of Monday to Friday: 5.00am to 10.00pm and Saturday and Sunday: 6.00am to 10.00pm can be considered. Characteristically, café/juice bar uses do not create unacceptable noise impacts and the subject site is located wholly within the development where any noise is further suppressed from adjoining developments. The developments adjoining the subject site are not residential and as such, there is no adverse impact to residential developments from the proposed use.

 

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

The proposed signs will be located within the building, attached to the elevations of the tenancy and read “Fuel Espresso and Juice” which is the name of the café/juice bar. The signs do not require development consent as they are located within the building, however for the purposes of this report they are defined as “wall” signs under Development Control Plan No 1. The signs meet the criteria listed in Development Control Plan No 1 for wall signs and as such are considered to be acceptable.

 

4.      Impacts

Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environment. The proposed development relates to the internal area of an approved retail/cafe tenancy and as such has no impact on the approved landscaping of the site.

 

Built Environment

The proposed use will be located within an approved retail/cafe tenancy and has no impact on the approved development’s building envelope. As such there is no adverse impact on the existing built environment.

 

Social Impact

The proposed development has no apparent social impacts.

 

Economic Impact

The proposed development has no apparent economic impacts other than it will provide employment opportunities within the site.

 

Suitability of the Site

The subject site is suitable for the proposed development. The subject site has no apparent impediments that preclude it from being used for the proposed development. The occupation of shop 1 cannot take place until an occupation certificate has been granted for the whole development within which shop 1 is located. A condition of consent has been provided within the recommendation requiring an occupation certificate for the whole development to be issued prior to the occupation of shop 1.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was not notified under clause 2.2.3.3 of Development Control Plan No 1 as the proposed use is within an approved retail/café tenancy which is unlikely to have an adverse impact on adjoining development.

 

Council Referrals

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor has raised no objection to the proposed development subject to conditions of consent being attached to any consent granted. One condition is that the number of seats in the café is limited to twenty (20) to correspond with the sanitary facilities available in the development as required by the Building Code of Australia. The applicant has been advised of this and has raised no objection to this condition of consent.

 

As the proposed use will be located within a retail area which is currently under construction, the construction of the retail area is subject to compliance with the relevant requirements of the Building Code of Australia and other legislation as required by the development consent granted for the whole development. The occupation of shop 1 cannot take place until an Occupation Certificate has been granted for the whole development within which shop 1 is located. The applicant is aware of this. A condition of consent has been provided within the recommendation requiring an Occupation Certificate for the whole development to be issued prior to the occupation of shop 1.

 

Environmental Health Officer

Council’s Environmental Health Officer has raised no objection to the application subject to conditions of consent being attached to any consent granted.

 

External Referrals

No external referrals were required for this application.

 

6.      CONCLUSION

The application seeks permission for the fit-out and use of approved retail/café tenancy on the ground floor of an approved development. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies. The occupation of shop 1 cannot take place until an Occupation Certificate has been granted for the whole development within which shop 1 is located. A condition of consent has been provided within the recommendation requiring an Occupation Certificate for the whole development to be issued prior to the occupation of shop 1. Accordingly the application is recommended for approval subject to conditions of consent.

 

DETERMINATION

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 DA2014/0072 for the fit-out and use of approved retail/cafe tenancy (shop 1) on the ground floor of the approved development for a café/juice bar with associated signage, on Lot 21 DP 542051 and known as 84D Roberts Avenue Mortdale subject to the attached conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

Job No 09-01, Drawing No P-101, P102

26 Feb 14

Proposed floor plan, Proposed elevation 01

C

Interior/Exterior Concepts and Designs

Job No 09-01, Drawing No P-101, P103

26 Feb 14

Proposed elevation 02

B

Interior/Exterior Concepts and Designs

-

Received 28 Jan 14

Ground level

-

-

 

2.         GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

            (a)     Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$224.00

24 Jan 14

2012828

Notification Fee

X

$226.00

24 Jan 14

2012828

Company Search Fee

X

$20.00

24 Jan 14

2012828

Builders Damage Deposit

 

$550.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$70.00

 

 

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

 

$341.00

 

 

Construction Certificate Application Fee

 

$341.00

 

 

Construction Certificate Imaging Fee

 

$69.00

 

 

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

(a)   Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $550.00.

(b)   Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $70.00.

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

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

(e)   Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(f)     Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

4.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c)  Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)   Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)   Stormwater and ancillary works in the road reserve; and

(k)  Stormwater and ancillary to public infrastructure on private land

(l)   If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website www.hurstville.nsw.gov.au/Forms.  For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

5.         GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

 

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

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

6.         GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

7.         GOV1006 - Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

8.         CC4019 - Health - Food Premises - Plans and Specifications - Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer.  The plans and specifications must demonstrate compliance with the:

·    Food Act 2003 (as amended);

·    Food Regulation 2010 (as amended);

·    Food Standards Code as published by Food Standards Australia;

·    New Zealand and Australian Standard AS4674:2004 Design, Construction and fit out of food premises (as amended);

·    Sydney Water - trade Waste Section.

 

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

9.         CC4022 - Health - Food Premises - Waste Facility - Details of the construction and fit out of the waste facility of the food premises must be submitted to Council’s Environmental Health Officers for approval.  Such details must demonstrate compliance with the Food Act 2003 (as amended), Food Regulation 2010 (as amended), the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674:2004 Design, construction and fit out of food premises (as amended.) and must be:

(a) provided with a hose tap connected to the water supply;

(b) paved with impervious floor materials;

(c)  coved at the intersection of the floor and the walls;

(d) graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water);

(e) adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997;

(f)   fitted with appropriate interventions to meet fire safety standards in accordance with the Building Code of Australia.

 

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

 

10.       CC7008 - Building - Access for Persons with a Disability - Access and sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

 

11.       CC7014 - Building - Total conformity with the BCA - Clause 93 and 94 EP&A Regulation 2000 - Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into total conformity with the Building Code of Australia.  In this regard, construction plans that demonstrate compliance with the Building Code of Australia must be submitted to the Principal Certifying Authority. Should there be any non compliance, and an alternative method of fire protection and structural capacity is proposed, a detailed report, plans and supporting documents prepared by an appropriately accredited and qualified fire consultant having specialist qualifications in fire engineering must be submitted, justifying the non compliances.

 

12.       CC7018 - The unit is located within a building complex which is under construction. The unit cannot be occupied until an Occupation Certificate for the whole building as been issued.

 

13.       CC7002 - Building - Fire Safety Measures prior to Construction Certificate - Prior to the issue of a Construction Certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

14.       PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

 

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

 

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

 

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

 

15.       PREC7002 - Building - Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

16.       CON2001 - Development Assessment - Hours of construction for demolition and building work - Work in connection with the demolition of any existing buildings and the removal of spoil and materials from the site that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00am to 5.00pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A Penalty Infringement Notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

17.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

18.       OCC4013 - Health - Food Premises - Inspection and Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:

(a)     An inspection of the fit out of the Food Premises must be arranged with Council's Environmental Health Officer;

(b)     a satisfactory final inspection must have been undertaken by Council's Environmental Health Officer; and

(c)      the Food Premises must notify the NSW Food Authority of its business details and must register with Council and the NSW Food Authority.

 

19.       OCC7003 - Building - Site for maximum number of seating - A sign must be displayed in a prominent position in the building stating that the maximum number of seating for persons that are permitted in the café/juice bar shall not exceed twenty (20) persons.

 

20.       OCC7005 - Building - All structural work and the proposed sign must be structurally certified before the issue of the Occupation Certificate.

 

21.       OCC7001 - Building - Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 (the Regulation), on completion of building works and prior to the issue of an Occupation Certificate, the owner must cause the issue of a Final Fire Safety Certificate in accordance with Clause 170 of the Regulation. The Fire Safety Certificate must be in the form required by Clause 174 of the Regulation. In addition, each essential fire or other safety measure implemented in the building or on the land on which the building is situated, such a Certificate must state:

(a) That the measure has been assessed by a person (chosen by the owner of the building) who is properly qualified to do so.

(b) That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule.

 

             A copy of the certificate is to be given (by the owner) to the Commissioner of  Fire and Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

22.       ONG2002 - Development Assessment - Hours of operation - The approved hours of operation shall be restricted to Monday to Friday: 5.00am to 10.00pm and Saturday and Sunday: 6.00am to 10.00pm.

 

23.       OCC2007 - Development Assessment - Allocation of car parking spaces The four hundred and eighteen car spaces (418) allocated to the development are to be used by the tenants and visitors/customers of the café/juice bar.

 

24.       ONG4017 - Health - Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill.

 

25.       ONG4018 - Health - Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

 

26.       ONG4019 - Health - Storage of goods outside buildings - There shall be no storage of any goods external to the building with the exception of waste receptacles.

 

27.       ONG4042 - Health - Food premises - Restricted use (premises that are not cooking) - There shall be no cooking (where heat is applied to food) permitted in the premises with the exception of the use of a microwave and a sandwich press. Should cooking be conducted on the premises a separate development application must be lodged and approved by Council for this purpose.

 

28.       ONG4043 - Health - Food premises - Maintenance of food premises - The food premises must be maintained in accordance with the Food Act 2003 (as amended), Food Regulation 2010 (as amended); the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674-2004 - Construction and fit out of food premises (as amended).

 

29.       ONG4044 - Health - Food premises - Noise control - The use of the premises must not give rise to the transmission of ‘offensive noise; to any place of different occupancy. ‘Offensive noise’ is defined in the Protection of the Environment Operations Act 1997 (as amended).

 

30.       ONG4046 - Health - Food premises - Garbage Odour - A waste contractor shall be engaged to remove all waste from the garbage storage area on a regular basis so that no overflow of rubbish will occur. Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined under the provision of the Protection of the Environment Operations Act, 1997 (as amended).

 

31.       ONG4047 - Health - Food premises - Storage of goods - There shall be no storage of any goods external to the building with the exception of waste receptacles.

 

32.       ONG7002 - Building - Annual Fire Safety Statement - In accordance with Clause 177 of the Environmental Planning and Assessment Regulation, 2000 the owner of the building premises must cause the Council to be given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

(a)       Within twelve (12) months after the date on which the fire safety certificate was received.

(b)       Subsequent annual fire safety statements are to be given within twelve (12) months after the last such statement was given.

(c)        An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation, 2000.

(d)       A copy of the statement is to be given to the Commissioner of Fire and Rescue NSW, and a further copy is to be prominently displayed in the building.

 

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

 

33.       ADV4005 - Health - Food Premises - Advice -

 

Copies of food related documents and Standards:

·    Copies of the Australian Standards can be obtained from Standards Australia Customer Service on telephone 1300 654646 or by visiting the website: www.standards.com.au

 

·    Copies of the Food Safety Standards Code (Australia) may be obtained by contacting the Food Standards Australia New Zealand Authority by phone on (02) 6271-2222; by e-mail info@foodstandards.gov.au or by visiting the website: www.foodstandards.gov.au.  Copies of the NSW Stands for Construction & Hygienic Operation of Retail Meat Premises may be obtained by contacting the NSW Food Authority on 1300 552 406, e-mail: contact@foodauthority.nsw.gov.au or by visiting the website www.foodauthority.nsw.gov.au

 

Notification of Food Business

Section 100 of the Food Act 2003 requires:

          100   Notification of conduct of food business

“(1)  The proprietor of a food business must not conduct the food business unless the  proprietor has given written notice, in the approved form, of the information specified in the Food Safety Standards that is to be notified to the appropriate enforcement agency before the business is conducted. Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation”

 

Notification can be done on-line at www.foodnotify.nsw.gov.au

 

The provisions of the Food Act 2003 may change over time and irrespective of the conditions of consent, compliance with this Act, regulations, food standards and other standards adopted under the Food Act (as amended) are mandatory.  The Food Act and applicable regulations can be accessed free of charge at www.legislation.nsw.gov.au

 

34.       ADV4006 - Health - Noise - Advice

 

Noise related conditions

Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

 

Useful links relating to Nois