Council MEETING

Notice of Meeting

Wednesday, 21 May 2014

Thursday, 15 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, 21 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      Notices of Motion

11.     Committee of the Whole (Closed Council Meeting)

12.     Open Council

13.     Consideration of Committee of the Whole Recommendations

 

The Quorum for the meeting is 7


Council Meeting

Summary of Items

Wednesday, 21 May 2014

 

Previous Minutes

MINUTES: Council Meeting - 09 May 2014
MINUTES: TRAFFIC ADVISORY COMMITTEE – 01 MAY 2014

Council Reports

CCL110-14       Minutes of the PIN Review Committee - 6 May 2014 (14/42)

(Report by Manager Environmental Services, Mr G Dickens ).................................. 2

CCL111-14       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 (DA2013/0386:3)

(Report by Senior Development Assessment Officer, Ms P Bizimis)....................... 4

CCL112-14       66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking (DA2013/0346)

(Report by Development Assessment Officer, Mr K Kim)........................................ 63

CCL113-14       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).......................... 125

CCL114-14       4-6 Lawrence Street Peakhurst - Demolition of the existing dwelling houses and construction of a three storey residential flat building with basement car parking (DA2013/0252)

(Report by Development Assessment Officer, Mr P Nelson)................................. 182

CCL115-14       67 Trafalgar Street Peakhurst - Demolition of existing dwelling and construction of three storey multi dwelling housing development comprising of four (4) x dwellings with basement parking and strata subdivision (DA2013/0371)

(Report by Senior Development Assessment Officer, Ms T Gizzi)....................... 242

CCL116-14       928 Forest Road Peakhurst - Construction of multiple dwelling development comprising four (4) dwellings (DA2013/0410)

(Report by Development Assessment Officer, Mr K Kim)...................................... 284

CCL117-14       924 Forest Road Peakhurst - Demolition of existing structures and construction of 3 x 3 bedroom and 1 x 2 bedroom dwellings as multi dwelling housing and front fence and strata subdivision into four allotments (DA2013/0420)

(Report by Senior Development Assessment Officer, Ms P Bizimis)................... 319

CCL118-14       63 Cairns Street Riverwood - Demolition of existing structures and construction of multiple dwelling development comprising five (5) dwellings (DA2014/0164)

(Report by Development Assessment Officer, Mr K Kim)...................................... 351

CCL119-14       Unit 1 159 Penshurst Street Beverly Hills - Alterations and use of premises as a place of public worship with associated signage (DA2013/0237)

(Report by Senior Development Assessment Officer, Ms P Bizimis)................... 389

CCL120-14       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)...................................... 407

CCL121-14       112 Arcadia Street Penshurst - Alterations and additions to an existing dual occupancy comprising ground and first floor additions to the rear dwelling and Torrens title subdivision (DA2013/0429)

(Report by Senior Development Assessment Officer, Ms T Gizzi)....................... 447

CCL122-14       Submissions received to Public Exhibition of Draft Development Control Plan No 1 - LGA Wide (14/634)

(Report by Manager Strategic Planning, Ms C Gregory)....................................... 479

CCL123-14       Commercial Centres Study for Local and Neighbourhood  Centres - Hurstville LEP 2012   (12/2129)

(Report by Manager Strategic Planning, Ms C Gregory)....................................... 484

CCL124-14       Review of Local Controls for Boarding Houses (14/765)

(Report by Executive Planner, Ms A Aversa-Morassut)......................................... 487

CCL125-14       Certificate of Cash and Investments as at 30 April 2014 (13/1501)

(Report by Financial Accountant and Risk Management, Ms R Matienga).......... 501

CCL126-14       2014-2015 Concessional Rental Annual Applications for Parks (13/312)

(Report by Sport and Recreation Officer, Ms C Irwin)............................................ 505

CCL127-14       2014-2015 Concessional Rental Annual Applications - Hurstville City Council facilities (14/361)

(Report by Manager Library Museum and Entertainment, Ms R Schulz).............. 507

CCL128-14       Concessional rental application - St George Youth Services (13/312)

(Report by Manager Library Museum and Entertainment, Ms R Schulz).............. 511

CCL129-14       Youth Sponsorship Request - Mikaela Stevens (14/41)

(Report by Governance Officer, Mr D Henkel)......................................................... 513

CCL130-14       Youth Sponsorship Request - Luke Woosnam (14/41)

(Report by Governance Officer, Mr D Henkel)......................................................... 515

CCL131-14       Youth Sponsorship Request - Phoebe Au (14/41)

(Report by Governance Officer, Mr D Henkel)......................................................... 519

CCL132-14       Request for Funding - 2014 Lugarno Spring Fair (14/375)

(Report by Sport and Recreation Officer, Ms C Irwin)............................................ 521

CCL133-14       Request for Additional Funding - Construction of Amenities Building at Penshurst Park (11/1014)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 523

CCL134-14       2013 Sport and Recreation Facility Funding for Charles Street Reserve (13/958)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 526

CCL135-14       Request for Funding for Upgrade of Pole Depot Community Centre (11/520)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 528

CCL136-14       Invitation - The Pole Depot Annual Fundraiser 2014 (14/39)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 561

CCL137-14       Invitation - Kogarah Mayoral Ball (14/40)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 563

CCL138-14       Request for Sponsorship - Recreation Sports and Aquatics Club Annual Presentation Day 2014 (14/14)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 575

CCL139-14       Mayor and Councillors Fees 2014-2015 (11/1129-2)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 580

CCL140-14       Civic Office Expenses Policy Review 2014 (14/506)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 582

CCL141-14       Hurstville Aquatic Leisure Centre - Celebration of 1 Million Visitors (13/695)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 649

CCL142-14       Hurstville Oval - First Grade Ground of the Year 2013-2014 (14/670)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 651

CCL143-14       Request to remove Two Private Street Trees - 25 Millett Street Hurstville (14/551)

(Report by Manager Engineering Services, Mrs M Whitehurst)............................ 653

CCL144-14       Options for a Residential ePanel (14/850)

(Report by Manager Public Relations and Events, Ms T Abraham)...................... 654

CCL145-14       Return of Thanks (14/24)

(Report by Manager Corporate Governance and Records, Mrs K Garske)........ 656

Notices of Motion

NM009-14          Draft Development Control Plan No 1 Amendment – Multiple Dwellings – Savings Provision (11/1074)

(Report by Councillor, R Kastanias)......................................................................... 657

NM010-14          Increasing the Number of Food Safety Seminars  (11/1074)

(Report by Deputy Mayor, Councillor N Liu)............................................................. 659

NM011-14          General Manager's Performance Review Process (07/1536)

(Report by Councillor, B Thomas)............................................................................. 660  

Committee of the Whole (Closed Council Meeting)

COW035-14      Extension of SSROC Contract for the Provision of Tree Pruning Services (10/1831-2)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW036-14      Tender for the Reconstruction of Sportsfields at Various Locations (14/667)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW037-14      Tender for the Construction of the New Jubilee Park Community Centre (14/586)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW038-14      Tender for the Design and Construction of Amenities Buildings at Evatt Park, Rasdall Park and Peakhurst Park (14/625)

(Report by Manager Engineering Services, Mrs M Whitehurst)

COW039-14      Property Matter - Memorial Square - Forest Road Hurstville (12/2129)

(Report by Property Projects Coordinator, Mr B Morabito)

COW040-14      Property Matter - 6 Smiths Avenue Hurstville (11/1806)

(Report by Property Projects Coordinator, Mr B Morabito)

COW041-14      Property Matter - 319 Forest Road Hurstville (14/770)

(Report by Property Projects Coordinator, Mr B Morabito)

COW042-14      Property Matter - River Road, Oatley (C06/37)

(Report by Property Projects Coordinator, Mr B Morabito)  

 


Hurstville City Council – Council Meeting Wednesday, 21 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 - 09 May 2014


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

9.      Council Reports

CCL110-14        Minutes of the PIN Review Committee - 6 May 2014 

Report Author/s

Manager Environmental Services, Mr G Dickens  

File

14/42

Previous Reports Referenced

No

Community Strategic Plan Pillar

Environmental Sustainability

Existing Policy?

No

New Policy Required?

No

Financial Implications

Within Budget

Reason for Report

For Approval

 

EXECUTIVE SUMMARY

This report is presented to Council to endorse the recommendations of the PIN Review Committee (Meeting 04/14) held on Tuesday, 6 May 2014.

 

AUTHOR RECOMMENDATION

THAT Council endorse the recommendations of the PIN Review Committee (Meeting 04/14) held on Tuesday, 6 May 2014.

 

REPORT DETAIL

Meeting 04/14 of Council’s PIN Review Committee was held on Tuesday, 6 May 2014. There were a total of twenty (20) representations reviewed by the Committee, which are summarised in the Table below.

 

Review No.

Pin No

Name Of Appellant

Decision Of Committee

54/14

311016325

Mr. C. Shen

Penalty to stand

55/14

3110117872

Ms A. Silva

Penalty to be replaced with a warning

56/14

3110131467

Mr. B. Tolhurst

Penalty to stand

57/14

3110120357

Mr. Dimitrovski

Penalty to be cancelled

58/14

3110123904

Ms V.K. Peng Lai

Penalty to stand

59/14

3110130073

Mr. J. Yakayadra

Penalty to stand

60/14

3110095149

Mr. P/ Jiang

Penalty to be cancelled

61/14

3110120238

Mrs. C. Vince

Penalty to be replaced with a warning

62/14

3110126140

Mrs. Monti

Penalty to stand

63/14

3110114967

Mr. A. Dimitrakas

Penalty to stand

64/14

3110124710

Mr. A. Lee

Penalty to stand

65/14

3110127067

3110127159

Mrs. Yinghong Chen

Both penalties to be replaced with a warning

66/14

311012603

Ms. Yun Zhang

Penalty to be replaced with a warning

67/14

3110116910

Mr. Z. Lu

Penalty to stand

68/14

3110114408

Mr. M. Diab

Penalty to stand

69/14

3110122007

Ms. A. Yan

Penalty to stand

70/14

3110112620

Ms. L. Hurst

Penalty to stand

71/14

3110133319

Ms. S. Wang

Penalty to stand

72/14

3110121630

Mr. Z. Chao

Penalty to stand

73/14

3110136150

Mr. R. Sanderson

Penalty to stand

 

 

  


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14        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 

Applicant

George El Khouri Architects

Proposal

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

Owners

Mrs T A Fensom and Mr S A Fensom and Mr M Novakovski

Report Author/s

Senior Development Assessment Officer, Ms P Bizimis

File

DA2013/0386:3

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 - Medium Density Residential

Existing Development

Single storey dwelling house on each lot with outbuildings

Cost of Development

$2,890,000.00

Reason for Referral to Council

Seventeen (17) submissions received and variation to DCP1

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, 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 – LGA Wide – 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 3.9 Waste Management, Section 3.11 Preservation of Trees and Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environment Plan Interpretation of Use

Demolish and Residential flat building

 

EXECUTIVE SUMMARY

1.         The application seeks permission to demolish the existing structures and construct a residential flat building containing four (4) x one (1) bedroom, eight (8) x two (2) bedroom and three (3) x three (3) bedroom units with basement car parking area.

2.         The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and does not comply for the height of the basement, and building envelope. These minor variations are a result of the flood affectation to the site and are discussed in the report.

3.         The application was notified/advertised to twenty two (22) resident/owners and seventeen (17) submissions objecting to the development were received in reply. The issues raised in the submissions are detailed in the report.

4.         The application was considered by Council on 2 April 2014 where it was resolved “THAT the applicant be required to undertake a redesign in order to fully meet the requirements of Council’s LEP and DCP”.

5.         The applicant advised on 10 April 2014 that they request that the application be determined as no amended plans will be submitted.

6.         The application was deferred at the Council meeting of 7 May 2014 for a site inspection. The inspection was held on 12 May 2014.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

ADDITIONAL INFORMATION

On 10 April 2014 the applicant sent an email requesting that the application be determined and that no amended plans would be submitted. The email is as follows:

“I would like to bring to your attention a recent Land and Environment Court ruling for 50-52 Lawrence Street Peakhurst. Judgement decision on side boundary setbacks and building envelope requirements, relates to our development application. One of the major issues Councillors delayed our development application determination for 42-44 Lawrence Street Peakhurst was on non compliance to building envelope. This ruling benefits our development application before Council.

 

Currently our firm is lodging plans on the subject application to the Land and Environment Court for determination. Our firm has occurred extra costs and time delays with Councils recent decision of the development application.

 

I now request Council to determine the current development application, before attending a Land and Environment Court Hearing, to avoid further costs and time of Council, as result of the recent Land and Environment Judgement.”

 

This application is now submitted to Council for determination. The report on the development application has been updated to include reference to the Peakhurst Planning Proposal, DCP legislation and the most recent decision from the Land & Environment Court on a previous application in Lawrence Street (presented below). Another amendment has been included to the recommended conditions of consent relating to Council infrastructure in Peakhurst.

 

PROPOSED AMENDMENT TO PEAKHURST R3 ZONE

Council at its meeting on 5 February, 2014 resolved in part to prepare a Planning Proposal to amend Hurstville Local Environmental Plan 2012 (HLEP 2012) by changing the zoning of land currently zoned R3 Medium Density Residential to R2 Low Density Residential and bounded by Forest Road, Bonds Road, Trafalgar Street, Gover Street, Lawrence Street, Peakhurst Park and Jacques Avenue, Peakhurst. This Planning Proposal is currently under preparation and until the proposed amendment is made to the HELP 2012, the subject application complies with the current R3 Medium Density Residential zoning. The intended amendment is not a relevant matter for consideration, until such time as the Planning Proposal receives a Gateway Determination and is placed on public exhibition.

 

Planning legislation changes for DCPs

In March last year, a new Section 74BA was introduced into the Environmental Planning and Assessment Act 1979 which identifies the purpose and status of development control plans, highlighting the fact that DCPs are to primarily provide guidance to compliment an environmental planning instrument (LEP), and that provisions in a DCP are not statutory requirements.

 

Section 79C (3A) provides guidance on how consent authorities must assess and determine DAs in relation to provisions that are contained within DCPs. The section identifies that if:

·    a Development Application meets the standards in a DCP, the consent authority is not to require more onerous standards with respect to the development; and

·    a Development Application does not meet the standards of a DCP, the consent authority is to be flexible in applying those provisions and allow reasonable alternative solutions.

 

FM Holdings Pty Limited v Hurstville City Council – 50-52 Lawrence Street, Peakhurst (April, 2014)

In assessing amended plans lodged by the applicant in this case, Commissioner Morris, noted that these plans “address the original contentions that relate to non-compliance with the development standards for height and FSR”.

 

In this regard “the only breach of the height development standard is for the roof structure of the lift overrun and that, in accordance with the provisions of clause5.6 of the LEP, consent may be granted for an architectural feature above the 12m height standard…”

 

The Commissioner also commented on building envelope, bulk and scale matters noting that the proposals breach is acceptable and is the result of what is considered an “awkward planning control for a sloping site”. Remedies by way of stepping the floor plate and unnecessary excavation were not considered appropriate given the relatively small footprint of the building.

 

Further the Commissioner concluded that:

“The applicant has made significant changes to the plans for the proposal following the council’s determination of the application. Those changes have gone a long way to address the contentions, importantly, have also ensured compliance with the relevant development standards contained in the LEP and the majority of controls contained in the DCP. This is particularly important in an area undergoing transition, as is the case for this site. The area has been rezoned from low density, single dwelling houses to permit three storey residential flat buildings. This fact will result in change to the streetscape and character of the area.”

 

“Having regard to the evidence, the provisions of the LEP and DCP and those matters prescribed under S79C of the Environmental Planning and Assessment Act 1979, I am satisfied that the plans now before the Court are either compliant with the council’s planning controls or meet the objectives of those controls, and where not met, the variations are minor. For this reason, it is appropriate for the consent to be granted.”

 

It is apparent that the Land & Environment Court will accept compliance with FSR and height controls, and minor variations where the objectives of those controls are met. In this regard the variations to building envelope, basement level above ground are minor and stem in part from managing overland flow and site constraints.

 

On 24 April, 2014 Council received notice of a “Deemed Refusal” Class 1 Appeal lodged in the Land & Environment Court with call-over scheduled for 21 May, 2014.

 

DESCRIPTION OF THE PROPOSAL

The application seeks permission to demolish the existing structures and construct a residential flat building containing four (4) x one (1) bedroom, eight (8) x two (2) bedroom and three (3) x three (3) bedroom units with basement car parking area. The development has been designed so that it is split level due to the site sloping to the rear. In particular the proposed development will comprise the following:

 

Basement level

§ Eighteen (18) residential car spaces including two (2) accessible car spaces

§ Four (4) visitor car spaces

§ Lift, stairs, electrical room, stormwater detention tank, fifteen (15) storage areas

 

Ground level

§ One (1) x one (1) bedroom unit

§ One (1) x one (1) bedroom + study unit (accessible unit)

§ Three (3) x two (2) bedroom units

§ Lift and stairs

§ Communal open space area

 

First floor

§ One (1) x one (1) bedroom unit

§ One (1) x one (1) bedroom + study unit (accessible unit)

§ Four (4) x two (2) bedroom units

§ Lift and stairs

 

Second floor

§ One (1) x two (2) bedroom unit

§ Three (3) x three (3) bedroom units

§ Lift and stairs

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the northern side of Lawrence Street Peakhurst. The site comprises two (2) lots with a combined frontage of 33.63m and a site area of 1207.6sqm. The site has a slope to the rear north east corner of the site. The site is flood affected which requires any proposed development to have a finished floor level above the existing ground level. A street tree is located at the front of the site adjoining the south east corner of the site. Existing on each lot is a single storey dwelling with outbuildings.

 

Adjoining the site on the western boundary is a 3.66m wide public pedestrian access which connects Peakhurst Park from Lawrence Street. Adjoining the pedestrian path is a single storey dwelling with outbuildings. Adjoining the site on the eastern boundary is a single storey dwelling house with outbuildings. To the rear of the site are single storey dwelling houses which are subject to a development application for a residential flat building.

 

The area surrounding the subject site is characterised by one (1) and two (2) storey residential developments including single dwelling houses and dual occupancy 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 proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

Residential flat building

The proposed development is defined as a residential flat building

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.6 - Subdivision

Subdivision is permissible with consent

Subdivision is not sought with this application

N/A

2.7 - Demolition

Demolition is permissible with consent

Demolition proposed

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

12m maximum

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

1:1

Yes

4.5 – Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

FSR and site area calculated as per requirements

Yes

4.6 –Exceptions to development standards

A written request to vary a development standard must be submitted by the applicant

No variation proposed

N/A

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Trees to be removed from the site are not included in Tree Preservation Order or no objection raised by Tree Management Officer Street tree located at the front of the site is to be retained

Yes

5.10 – Heritage conservation

Heritage impact statement required if site involves heritage item

Site does not involve heritage item

N/A

6.1 – Acid Sulfate Soils

Acid Sulfate Soils Management Plan must be prepared

Site not affected by acid sulphate soils

N/A

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

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 (SEPP 65) 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 Mr George El Khouri

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)

Proposed development has been designed to respond to the flood affectation and slope of the site by having split levels

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 proposed development provides an appropriate scale with the relevant requirements relating to floor space ratio, height, and setbacks

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

Proposed development achieves good outcomes in terms of design

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)

Proposed development complies with the floor space ratio requirements

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

Proposed development provides appropriate outcomes as evidenced by BASIX Certificate

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

Landscaping to the site exceeds minimum requirements and submitted landscape plan proposes new planting to the site which will improve the site. Existing street tree will be retained.

Yes

7 - Amenity

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

The proposed development reduces privacy impacts with the location of balconies on the front and rear elevations where possible and the provision of high sill windows on the side elevations where appropriate. Privacy screens should be provided to the second floor balconies which are located on the side elevations of the building.

Yes, subject to condition of consent requiring the provision of privacy screens to second floor balconies located on side elevations

8 – Safety and Security

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

Proposed development is consistent with crime prevention principles

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

Proposed development provides a variety of housing options in terms of unit size, number of bedrooms, and adaptable housing

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

Design of development and proposed external materials and finishes are appropriate and provide architectural interest

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

Proposed development is consistent with scale of development permitted under the relevant planning instruments

Yes

Building Depth

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

Development is 20m by 23m which can be considered if daylight and natural ventilation are achieved. The development complies with these requirements.

Yes

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

Building separation controls can be varied in response to site and context constraints, but must demonstrate that daylight access, urban form and visual and acoustic privacy have been satisfactorily achieved.

Adjoining development comprises single storey dwellings, so separation distances do not apply. Should the adjoining developments be developed for residential flat buildings the building separation distances cannot be achieved due to the width of sites and the side setbacks required to achieve compliance which would be over 6m to the edge of any balcony. The building separation controls can be varied given the context of the development and the fact that the development satisfies requirements relating to daylight access, urban form, and visual and acoustic privacy. The Design Review Panel considered this and were satisfied that the development achieved appropriate separation distances. 

Yes

Street setbacks

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

The front setback of the development is minimum 6m with the balconies encroaching 1m as per the requirements of DCP1

Yes

Side and rear setbacks

Relate side setbacks to existing streetscape patterns

Side setbacks meet the requirements of DCP1

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

Development complies with the FSR requirement 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

29.5% deep soil

Yes

Fences and walls

Clearly delineate the public and private domain

Proposed fencing is appropriate

Yes

Landscape design

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

Landscape plan submitted with the application proposes appropriate planting to the site in the form of trees, shrubs, and ground covers

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

31% of site area provided as communal open space. Private open space to ground floor units meets the requirements of DCP1.

Yes

Orientation

Position and orientate buildings to maximise solar access

The position and orientation of the development maximises solar access

Yes

Planting on structures

Design for optimum conditions for plant growth

Planting on structures has been minimised small planter boxes only. Remainder of site is deep soil.

Yes

Stormwater Management

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

 

Stormwater disposal is appropriate. Council’s Development Engineer has raised no objection subject to conditions of consent.

Yes

Safety

Undertake a formal crime prevention assessment of the development

Development is consistent with crime prevention principles

Yes

Visual privacy

Provide reasonable levels of visual privacy.

The proposed development reduces privacy impacts with the location of balconies on the front and rear elevations where possible and the provision of high sill windows on the side elevations where appropriate. Privacy screens should be provided to the second floor balconies which are located on the side elevations of the building.

Yes, subject to condition of consent requiring the provision of privacy screens to second floor balconies located on side elevations

Building Entry

Create entrance which provides a desirable residential identity for development

Building entry is readily identifiable and presents well

 

Yes

Parking

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

Basement car parking proposed which meets requirements

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

Development is well connected to street and 100% of units are barrier free

Yes

Vehicle Access

Limit width of driveways to 6 metres.

Integrate adequate car parking and servicing access without compromising character

Driveway is 6m wide and car parking is provided in basement level and not visible from the street

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

Complies with these requirements

Yes

Apartment Mix

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

Units are provided in a variety of sizes, number of bedrooms, and option of adaptable housing

Yes

Balconies

Primary balconies to be a minimum of 2 metres in depth

Balconies have minimum 2m dimensions

Yes

Ceiling Heights

Residential buildings/floors

-habitable rooms minimum 2.7m

-non habitable rooms minimum 2.25m

All rooms have ceiling heights of between 2.7m and 3m

Yes

Flexibility

Provide apartment layouts which can accommodate the changing use of rooms

Layout of units are appropriate

Yes

Ground floor apartments

Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.

Ground floor units have private open space and are accessible from a central entry point to the building

Yes

Internal Circulation

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

Maximum 6 units accessible from corridor

Yes

Storage

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

1br = 6m³

2br = 8m³

3br = 10m³

Storage provided to each unit meets requirements

Yes

Acoustic Privacy

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

Acoustic privacy is maintained through use of fencing and appropriate building materials

Yes

Daylight Access

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

 

-Max 10% units southerly aspect

-73% of units received min 3 hours solar access

 

 

-7% (1 unit) has southerly aspect

Yes

Natural Ventilation

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

 

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

-93% of units are naturally cross ventilated

 

 

-100% of kitchens have natural ventilation

Yes

Facades

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

Façade of development is appropriate

Yes

Roof design

Provide quality roof designs which contribute to the overall design

Roof design is appropriate and integrated with design of the development

Yes

Energy efficiency

Reduce reliance on artificial heating and cooling

Development achieves target scores required by BASIX requirements

Yes

Maintenance

Supply waste management plans as part of the development application

Waste management plans submitted with the application is appropriate

Yes

Water conservation

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

 Water conservation as per BASIX Certificate

Yes

 

Advice from the Design Review Panel

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

 

PRINCIPLE 1 - CONTEXT

DRP advice:The application drawings do not provide information to indicate how the proposal responds to the existing context, represented by single dwellings on single allotments and the likely future character in an area undergoing transformation due to the current zoning.  Drawing DA-08 shows a cross section including the rear of apartments at 37-41 Gover Street (by the same architect) but with no indication of the location of balconies open space use or windows, making it difficult to assess whether the proposed partial screening to upper floor balconies, 5m from the boundary, will be effective.

 

The Panel strongly advocates retention of the street tree, which the driveway of the proposed plan seeks to remove. Mr Khoury advised that he has an alternative scheme retaining the tree. 

 

Allocation of communal open space to narrow side setback zones is problematical in terms of privacy impacts on the single dwelling house to the east and the likely layout of a residential flat development on this site in future.  The poor quality of the communal open space is an outcome of the building zone defined by the setback controls being wholly taken up by the building footprint instead of site planning aimed to achieve an appropriate balance of functional open space against building site cover.”

 

DAO’s comment: The applicant has amended the development to retain the existing street tree. This has been achieved by redesigning the driveway crossing. The development has also been amended to provide a larger communal area in the north east corner of the site. This area now includes an open space area and a BBQ area which is accessible from the building or from the street.

 

In terms of the relationship of the proposed development with the adjoining site to the rear at 37-41 Gover Street, the applicant has provided elevations to show the separation between the proposed buildings which is consistent with the requirements of SEPP 65.

 

PRINCIPLE 2 - SCALE

DRP advice:The three (3) storey scale is mediated by the side and rear setbacks of the upper floor, and articulation of the side elevations expressing the east west circulation corridor.”

 

DAO’s comment: No change required to the development as a result of these comments. The DRP was satisfied with the scale of the development.

 

PRINCIPLE 3 – BUILT FORM

DRP advice:In the short term the built form will create an uncharacteristic streetscape element due to the strong horizontal emphasis of the street presentation, ameliorated by the vertical expression at and above the front entrance. As more medium density development occurs in the area this will not be evident.”

 

DAO’s comment: No change required to the development as a result of these comments. The DRP was satisfied with the built form of the development.

 

PRINCIPLE 4 – DENSITY

DRP advice:Satisfactory.”

 

DAO’s comment: No comment required.

 

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice:Subject to BASIX.”

 

DAO’s comment: A BASIX Certificate accompanies the application which shows that the development meets the target scores.

 

PRINCIPLE 6 – LANDSCAPE

DRP advice:The landscape treatment as depicted in the colour perspectives is unsatisfactory because the building will be too dominant in a street characterized by mature trees in the street and in front gardens.  These perspectives do not reflect the landscape plan, which shows two new street trees, an Angophora in the south west corner of the site and Camellias to a mature height of 3 metres. 

 

Retention of the existing street tree is essential to maintaining the streetscape character. The amended driveway layout should be accompanied by an aborist’s report detailing measures to protect the root zones and the canopy.

 

The communal open space areas are in the residual spaces within the side setbacks with poor access, requiring travel by flights of steps. There is potential for privacy conflicts due to the location of communal open space relative to private open space.

 

The Panel recommends reconfiguration of the building footprint in the north east corner of the site to achieve more functional communal open space. Communal open space in this location would be adjacent to communal open space in the proposed development to the north. The Panel acknowledges that, although there may be a consequent small reduction of yield, all aspects of the guidelines of the RFDC should be taken into account to provide an acceptable level of residents’ amenity.

 

The Panel queried the utility of the proposed buffer zone to the rear boundary with regard to inefficient allocation of private courtyard space and likely maintenance issues. It is recommended this be modified to incorporate large scaled planting and shrubs to improve privacy and outlook.”

 

DAO’s comment: The applicant has acknowledged the comments of the DRP and has addressed the above issues as follows:

§ The colour perspectives have been amended to show the retention of the street tree. The driveway has been redesigned to accommodate the tree which has been done without affecting the design façade of the development.

§ The applicant has submitted an arborist’s report which provides recommendations for the protection and retention of the street tree. These recommendations can be adopted, should development consent be granted.

§ The communal open space located in the north east corner of the site has been expanded to include a BBQ area in addition to a seating area and a landscape open space area. This was done by reducing the floor area of Unit 5. It is considered that this communal area is now functional and provides an appropriate outdoor area for the residents.

 

PRINCIPLE 7– AMENITY

DRP advice:Subject to the above and below comments amenity is generally satisfactory. The Panel queried the “snorkel” bedrooms in some apartments and recommended the floor plan of apartment 12 be reconsidered as the amenity of the second “long snorkel” bedroom would be poor.

 

Allocation of basement storage is good.  However the RFDC guidelines require 50% of storage to be within each apartment. Apartments 5, 9, 10, 14 and 15 have no storage.

 

Study desks in are poorly located and impractical in entry foyers and corridors in apartments 2, 3, 4, 5, 7, 8, 9, 10 and 11. 

 

Turning space to the bathroom in adaptable apartment 6 should be checked and door nib dimensions in both adaptable apartments should be checked for compliance with AS 1428.1 and AS 4299.  There appears to be insufficient space in the living/dining area of apartment 6 to allow a 1500mm space at the kitchen bench. .

 

Natural light and ventilation should be provided to the top floor internal service rooms by way of roof lights/vents.

 

The assertion in the applicant’s SEPP 65 Statement that the “…proposal achieves 3 hours (minimum) solar access to primary living spaces of 75% of the Residential Flats, which is compliant with the Residential Flat Design Code…” cannot be accepted. The north facing units would receive excellent solar access. On the other hand, whilst the south facing corner units would receive morning or afternoon sunlight on their eastern or western windows, this would be short the 3 hours recommended.  The design could nevertheless be accepted provided that at least a communal area is provided with access to good winter sunlight (see comments under Landscape and Social Dimensions).”

 

DAO’s comment: The applicant has amended the plans to address the issues raised above. This has included the redesign of bedrooms, the relocation of study desks, the redesign of Unit 6, and the provision of tubular skylights to the top floor service rooms.

 

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice:Satisfactory.”

 

DAO’s comment: No response required.

 

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice:Satisfactory except for the poor location and quality of communal open space. If the space where indicated on the north eastern corner were to be expanded, made easily accessible, and provided with basic facilities this issue could potentially be resolved.”

 

DAO’s comment: This issue has been addressed with the expansion of the communal open space in the north east corner of the site.

 

PRINCIPLE 10 - AESTHETICS

DRP advice:Generally satisfactory.”

 

DA’s comment: No response required.

 

In summary, the amended plans have overcome the initial issues raised by the Design Review Panel and the proposal is now considered to comply with the objectives of SEPP65.

 

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 (12 units proposed) = 12

3 or more bedroom – 2 spaces (3 units proposed) = 6

 

Total required = 18 spaces

18

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (15 units proposed) = 4

 

4

Yes

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

Compliance with AS2890.1 2004 and AS2890.2

 

Complies. Traffic and Parking Assessment Report (prepared by Varga Traffic Planning P/L (dated 15 Nov 2013, Ref 13534) submitted with the application confirms that the development complies with the Australian Standards

Yes

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

To be provided as plain concrete

Yes subject to condition of consent

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

Complies

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

Complies

Yes

3.1.4.6 – Parking for people with a disability

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

Complies

Yes

3.1.4.4 - Car washing area

1 space (which can be a visitor space)

Not shown on plans but can be a visitor space

Yes, subject to condition of consent

 

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) = 2

 

Adaptable dwelling complies with AS4299

2

Yes

Access requirements

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

Can comply with Australian Standards

Yes

Accessible car space

1 space per adaptable dwelling

 

Layout complies with Australian Standard

1 space per adaptable dwelling provided

Yes

 

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

The extent to which the proposed development complies with Section 3.4 – Crime Prevention through Environmental Design is detailed and discussed in the table below.

 

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

The proposed development provides appropriate opportunities for surveillance of the subject site and addresses the street

Yes

Building Identification

-Clearly numbered buildings

-Entrances numbered

-Unit numbers provided at entry

The building and units within can be appropriately numbered

Yes

Entrances

Clearly visible and not confusing

The entrance to the building is clearly visible and located on the front elevation of the development

Yes

Fencing

Allows natural surveillance to street

Proposed fencing is appropriate

Yes

Blind Corners

To be avoided

No bind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

The communal areas proposed provide opportunities for natural surveillance

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

Landscaping proposed as per the landscape plan is appropriate

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 provided in the development

Yes

Security

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

Appropriate security has been provided

Yes

Car parks

Access to lifts and stairwells to be clearly defined

Access to the car parking area is clearly defined

Yes

Ownership

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

Ownership is implied through the design of the development

Yes

Building maintenance

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

 

Proposed external materials and finishes are appropriate

Yes

 

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

A valid BASIX Certificate has been submitted with the application and the BASIX Commitments have been detailed in the design of the proposal.

 

In terms of solar access, the proposed development will result in the private open space area and the windows of the adjoining developments receiving in excess of 3 hours solar access between 9am and 3pm on 21 June.

 

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

The subject site is affected by flooding and the applicant has submitted a Flood Study Report (prepared by Kozarovski and Partners, amended 18 February 2014) which provides an analysis of the flood affectation and the recommendations to be adopted by the development to address the flood affectation.

 

In consultation with Council’s Development Engineer, the development has been amended to address the recommendations and provide an appropriate design solution to address the flooding. As such Council’s Development Engineer has raised no objection to the development subject to conditions of consent being attached to any consent granted.

 

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. Standard conditions have been imposed requiring appropriate waste management during construction and as part of the ongoing use of the development.

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.11 PRESERVATION OF TREES AND MANAGEMENT

The subject site has trees that are not the subject of the Tree Preservation Order. Two (2) other trees located on the site can be removed as no objection is raised by Council’s Tree Management Officer. One (1) street tree located at the front of the site is to be retained and protected during any construction work. The landscape plan submitted with the application has been prepared by a qualified landscape architect and shows that new planting to the site will include trees, shrubs and ground cover which will improve the current site conditions.

 

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

The extent to which the proposed development complies with Section 4.3 – Multiple dwellings is detailed and discussed in the table below.

 

Section 4.3

Standard

Proposal

Complies

Minimum Street Frontage

24m

33.63m

Yes

Residential density (Floor Space Ratio)

As per Hurstville LEP 2012 = 1:1 max

1:1

Yes

Landscaped Area

20%

 

29.5%

Yes

Maximum Building Height

As per Hurstville LEP 2012

(12 metres)

12m maximum

Yes

Front Site Height Maximum

12m

12m maximum

Yes

Rear Site Height Maximum

12m

12m maximum

Yes

Number of habitable storeys at front of site

3 storeys

3 storeys

Yes(1)

Number of habitable storeys at rear of site

3 storeys

3 storeys

Yes(1)

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

All units have private open space area in accordance with the requirements

Yes (2)

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

All units have a private open space which meets the requirements

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

Landscape plan submitted with the application has been prepared by a qualified landscape architect and is satisfactory

Yes

Front Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting maximum 1m

Yes

Rear Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting maximum 1m

Yes

Minimum Side Boundary Setbacks

 

As per building envelope

Complies with building envelope except for part of rear portion of the development

No (3)

Maximum excavation of natural ground level

500mm

Excavation proposed for basement level only. Natural ground level around the building will remain as existing

Yes

Driveways, access lanes and car parking

If street frontage is 20m or less – Must not occupy more than 40% of the frontage

 

>20m – Must not occupy more than 33%

Driveway is <33% of the frontage

Yes

Garages and car ports

Garages must not visually dominate the street facade

Garages do not visually dominate the street facade

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Basement level extends more than 1m above natural ground level

No (4)

Visual Privacy

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

Complies

Yes

Solar Design & Energy Efficiency

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

More than 3 hours sunlight to adjacent dwellings

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)

A front fence is not proposed on the front boundary

N/A

Site Services

Site must be serviced by standard utilities

Appropriate utilities can be provided

Yes

Storage

6 cubic metres per dwelling

>6 cubic metres provided per dwelling

Yes

 

(1) Number of storeys, (3) Minimum side boundary setbacks and (4) Basement parking

Hurstville Local Environmental Plan 2012 defines a storey as:

"storey" means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic.”

 

The subject site is affect by flooding and requires an overland flow path to be provided. Due to this affectation, the proposed development is required to have a finished floor level of RL33.7 for the front portion of the development. To achieve this level the finished floor level has been elevated which results in the basement level of the development being, at worst, approximately 2m above the ground level.

 

This primarily affects the western elevation of the development where the existing ground level is at its lowest. It is noted that the existing ground level around the perimeter of the development will remain as is with no excavation or fill proposed. Due to the basement level being above ground level, it is defined as a storey, which results in the development being four (4) storeys. However only three (3) of these storeys are habitable complying with Clause 4.3.2.3(v) of Development Control Plan No. 1.

 

The finished floor level of the development has also resulted in the development not complying with the building envelope for the rear portion of the site primarily on the western elevation.

 

The applicant has provided justification for the proposed variation as detailed in the Statement of Environmental Effects prepared by Planning Ingenuity (dated 19 November 2013) as follows:

“The controls contained in Hurstville DCP No.1 with respect to number of storeys, building envelope and basement height are as follows:

·    4.3.2.3 (i) Building envelope – The purpose of 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;

·    4.3.2.3 (v) Maximum building height of 12m and three storeys;

·    4.3.2.4 Building height and form – building envelopes for residential flat buildings are defined at 45 degrees from a height of 1.5m above natural ground level at the site boundaries;

·    4.3.2.6 (iii) Car Parking and Access – No part of a basement should extend more than 1m above natural ground level.

 

The proposal does not comply with the building envelope parameters due to the slope of the site although it complies in full with building height and boundary setbacks resulting in no unreasonable detrimental impacts to privacy, overshadowing, landscaping and streetscape (as discussed elsewhere in this report).

 

The building is less than the maximum height limit of 12m but exceeds three storeys through the central section of the building, as indicated on the submitted architectural plans.

 

The design of the building is constrained by the minimum floor levels prescribed by the flood study submitted with the application.  The flood study identifies the 1 in 100 year Average Recurrence Interval (ARI) Flood level to be RL33 AHD.  The flood study also sets the following levels for the design of any future building on the site:

·    a threshold at the driveway of RL33.69 to prevent flooding of the basement; and

·    minimum floor level 500mm above the flood level which is equivalent to RL33.5.

 

The proposal has been designed to comply with these parameters. The driveway threshold combined with the maximum driveway grades specified in the relevant Australian Standards results in the basement having an absolute minimum floor level of RL29.25. This is achieved by locating the driveway crossing on the higher side of the frontage, grading the internal vehicle access aisle at 1 in 20 and minimising the floor to ceiling clearance in the basement at 2.6m at the northern most edge. Excavation has been maximised at the front of the site such that the floor to ceiling height within the basement is 3.33m and the building has a three storey appearance as viewed from Lawrence Street. Therefore particular attention has been paid to the design of the basement to ensure it is as low as all relevant design parameters allow.

 

Similarly, the floor level of Units 1 and 2, the common entry lobby and the ground floor internal corridor are set at the minimum floor height of RL33.55. The provision of courtyard areas and planter beds within the front setback effectively screens the basement level across the front façade to ensure the street elevation appears as three storeys.

 

The design takes advantage of the downward slope towards the rear of the site to lower the basement and lower the residential levels above as far as practical to achieve a building which is also compliant with boundary setbacks. At the ground floor level the units at the rear step down 1.4m relative to the common corridor to reduce the overall building height towards the rear of the site.

 

To further reduce the overall external dimensions of the building, a flat roof is proposed and the uppermost storey has been setback 3m from the western and eastern facades of the levels below.

 

The overall building height complies with the maximum 12m height limit despite the basement ceiling height exceeding natural ground level by a maximum of 2.6m along the western façade in the centre of the building.

 

The points at which the building height exceeds three storeys are close to the public laneway which adjoins the western side boundary.  The additional space created by the public laneway allows for retention of the existing mature tree on the western boundary and for new deep soil planting of canopy trees such as Elaeocarpus reticulatus (Blueberry Ash) and Angophora floribunda (Rough-barked Apple) both of which are likely to attain a mature height of 15m. These canopy trees will further reduce the visual impact of the overall building height.

 

The public laneway also increases the separation to the neighbouring property to the west which reduces the potential impacts of overshadowing and increases separation for aural and visual privacy.

 

Overall significant effort has been made to minimise the floor levels of the basement and the ground floor level within the required parameters. The non-compliance relates to sections of the building on the western side which benefits from additional separation to the neighbouring property created by the adjoining public lane. The overall building height complies with the 12m maximum required by the LEP and variations to the DCP provisions for number of storeys and the height of the basement are considered reasonable in the circumstances.

 

In addition it is noted that the LEP standard for building height control is to be given determinative weight in assessment over the building height controls in DCP No.1.”

 

The variation to the number of storeys and basement height is considered acceptable for the following reasons:

§   The site is affected by flooding and an overland flow path is required to be provided. This has dictated the finished floor level that can be provided to the development. As such the finished floor level has necessitated that the basement protrude more than 1m above ground level. Notwithstanding this, the proposed development maintains a maximum height of 12m as required by the development standards.

§   The four (4) storey part of the development primarily relates to the western portion of the site. This part of the site adjoins the existing pedestrian path which is 3.66m wide and as such an additional spatial separation is provided to the adjoining site. This elevation of the development will be landscaped with trees and planting which will provide additional privacy to the proposed development and the adjoining dwelling.

§   The encroachment into the building envelope occurs primarily for the western portion of the site where the existing ground level is at its lowest. On the eastern elevation the encroachment relates to the nib of the balustrade to the second floor balcony of the rear most unit. The encroachment is considered to be negligible and does not result in any additional impacts on adjoining developments in terms of privacy and solar access. On the western elevation, the encroachment relates to the balcony balustrade of two (2) units for a length of approximately 3m and a separate length of approximately 8m.  The encroachment into the building envelope is not considered to result in additional solar access or privacy impacts. Privacy screens should be provided to the side elevations of the second floor balconies due to their location on the side elevations. These privacy screens should be required irrespective of whether the development complies with the building envelope. This elevation adjoins the pedestrian path and as such additional spatial separation is provided to the adjoining site.

 

(2) Minimum private open space

Development Control Plan No 1 requires that ground floor units have a private open space area on ground level that is conveniently accessible. Units 1 and 2 in the development are located at the front of the site facing Lawrence Street. Unit 1 is an accessible unit which has to provide disabled access to the private open space area. Unit 2 is located on the south west corner of the development where access to the ground level is more than 1m below. As such, provision of this area as a private open space area is not convenient or easily accessible. Units 1 and 2 are therefore provided with a balcony area which complies with Development Control Plan No 1.

 

4.      Impacts

 

Natural Environment

The subject site has trees that are not the subject of the Tree Preservation Order. Two (2) other trees located on the site can be removed as no objection is raised by Council’s Tree Management Officer. One (1) street tree located at the front of the site is to be retained and protected during any construction work. The landscape plan submitted with the application has been prepared by a qualified landscape architect and shows that new planting to the site will include trees, shrubs and ground cover which will improve the current site conditions.

 

Built Environment

The application is unlikely to have an adverse impact on the built environment. The proposed development complies with the requirements of Development Control Plan No 1 except in the height of the basement, number of storeys, and building envelope for one (1) portion. These variations are directly related to the site being affected by flooding which requires the development to have a finished floor level above the existing ground level. As such the development has been elevated above ground level for portions of the development. The variations proposed do not result in any additional impacts to adjoining developments in terms of solar access and impacts.

 

In terms of traffic generation, the applicant has submitted a Traffic and Parking Assessment Report (prepared by Varga Traffic Planning Pty Ltd (dated 15 November 2013, Ref 13534) which concludes that the proposed development will not have adverse impacts on the road network. Council’s Senior Traffic Engineer has also provided the following comments:

 

Traffic Comments

i. Existing Traffic Environment

Lawrence Street is 890m long, 15.4m wide road reserve (approx. 7.4m carriageway), local road extending from Jacques Avenue to Pearce Avenue, Peakhurst and performs a local residential road function with Council’s road hierarchy. The road services Zone R3 residential zoned land. The northern side of Lawrence Street is provided with 90 degree angled parking.

 

There are Stop restrictions for traffic on both approaches of Lawrence Street at the intersection of Trafalgar Street and Lawrence Street. The posted speed limit for Lawrence Street is 50km/h.

 

Recent traffic counts undertaken by Council in September 2013 found:

·    The 85th percentile speed of the traffic on both directions to have a combined average of 51km/h

·    The Average Annual Daily Traffic for the five days in both directions combined is 442 vehicles per day

 

Under these circumstances the existing conditions may be considered as representative of a low volume environment with no existing traffic problems in terms of excessive speeding or traffic in Lawrence Street. Traffic volumes are well below the Environmental Goal of RMS guidelines for a local road.

 

ii. Proposed Development - Traffic Generation

The Roads and Maritime Services (RMS) Guide to Traffic Generating Developments provides average traffic generation rates for a range of different land uses. The guidelines provide peak hour vehicle trips (phvt) generated by residential developments as follows:-

 

Dwelling houses = 0.85phvt per dwelling

Medium Density residential flat buildings = 0.4-0.5 phvt

(up to two bedroom)

Medium density residential flat buildings = 0.5-0.65 phvt

(three of more bedrooms)

 

Using these rates the overall generation by the proposed development may be expected to be:

 

Number of Beds

Generation Rate (Max.)

Peak Hour Vehicle Trips (phvt)

4x1 bed

0.5

2

8x2 Bed

0.5

4

3x3 Bed

0.65

1.95

TOTAL

7.95

 

Deducting the traffic generated by two existing free standing dwellings (1.7phvt) results in an overall increase arising from the development of 6.25 phvt (round up figure).

 

iii. Cumulative Impact in Locality

The following table contains traffic volumes for Lawrence Street and the increase attributed to the proposed development in the AM and PM peak.

 

Traffic Movements

Environmental Capacity RMS

(Max peak hour volume)

Existing Traffic Volumes

(phvt)

Proposed Increase

(phvt)

% Increase

Remaining

Environmental Capacity

Lawrence Street

200

38

6.25

16.4%

81.6%

See - RMS Guide to Traffic Generating Developments – Table 4.6 Local Street - Environmental Capacity

 

iv. Need for Traffic Improvements in the Locality

Based on these numbers there is sufficient capacity in Lawrence Street, Peakhurst, to accommodate the extra traffic being generated by the proposed development and no need for traffic improvements at this time.

 

v. Traffic egress/ingress to arterial/sub-arterial roads

Access onto Forest Road (State Road) is via traffic controlled intersections at Belmore Road and Jacques Avenue. Access is also available to Forest Road from Pearce Avenue via unconstrained turning movements. The intersection of Jacques Avenue and Belmore Road provides a sign posted roundabout and does not warrant improvements arising from the impact of this development.

 

vi. Sight distance and other safety issues

Sight distances from the subject site comply with RMS guidelines. Pedestrian movement is also available off-road adjacent to the road pavement in Lawrence Street minimising any potential pedestrian vehicle conflict.

 

vii. On Street Parking in Locality

On-street car parking is available and is not constrained in Lawrence Street. It is acknowledged that cars parked on opposite sides of Lawrence Street would block the carriageway however there is kerb-side space to limit this occurrence. All car parking for the development is provided on-site minimising any impact on on-street car parking availability.”

 

Social Impact

The proposed development is unlikely to have an adverse social impact.

 

Economic Impact

The proposed development is unlikely to have an adverse economic impact.

 

Suitability of the Site

The subject site is suitable for the proposed development. The site is subject to flooding and this has been addressed in the design of the development. Although the flood affectation to the site has resulted in the finished floor level of the development being elevated for parts of the development, this does not result in any additional impacts to adjoining development in terms of privacy and solar access.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified/advertised to twenty two (22) resident/owners and seventeen (17) submissions objecting to the development were received in reply. The issues raised in the submissions are summarised as follows.

 

Loss of privacy

Loss of privacy, overlooking

 

Comment: The proposed development is unlikely to result in privacy impacts. The applicant has addressed potential privacy impacts through the provision of louvred privacy screens and high sill windows. This reduces potential privacy impacts to adjoining developments. The proposed development complies with the separation distances recommended under SEPP 65 and meets the setback and building envelope requirements of Development Control Plan No 1. Although there is some encroachment into the building envelope this is from the roof and a corner of a balcony. These encroachments do not exacerbate privacy impacts as the balconies and external walls of the building sit within the building envelope. Notwithstanding this, it is recommended that any consent granted, should require the provision of additional privacy screens to the balustrade of the second floor balconies located on the side elevations of the development. This will provide additional privacy to adjoining developments.

 

Solar access

Loss of solar access, overshadowing

 

Comment: The proposed development complies with the solar access requirements of SEPP 65 and Development Control Plan No 1.

 

Overdevelopment

Overdevelopment, excessive bulk and scale

 

Comment: The proposed development is one (1) of several residential flat buildings proposed following the introduction of the Zone R3 - Medium Density Residential to this part of Peakhurst. As such many submissions to the development have been received from residents objecting to the development and the potential future redevelopment of the area. These objections are considered to be valid in that residents are concerned about the development of the area and the future impacts residential flat buildings will have in an area which up to now has been characterised by low density one (1) and two (2) storey developments.

 

Notwithstanding this, the proposed development is permitted in the zone and the bulk and scale of the development complies with Council’s requirements. The existing area is characterised by one (1) and two (2) storey developments and although the proposed development will consist of three (3) habitable storeys in height it is considered that is provides an appropriate response to the streetscape and is consistent with the future desired character of the area.

 

Loss of trees

Loss of trees and vegetation

 

Comment: The trees located on the site are not subject to Council’s Tree Preservation Order and can be removed. The street tree located at the front of the site will be retained and protected. Council’s Tree Management Officer has raised no objection to the removal of the trees on site. The landscape plan submitted with the application shows that numerous trees, shrubs and ground covers will be provided to the site which will compensate for the removal of the trees from the site. It is considered that the proposed landscaping to the site will be an improvement to the existing conditions which provide little landscaping and vegetation.

 

Noise

Noise

 

Comment: Although the proposed development will result in additional dwellings to the site it is considered that the increase in noise generated by residents and vehicular movements will not be significant as to create adverse impacts on surrounding developments. The development has one (1) vehicular entry point which faces Lawrence Street. This reduces the noise generated by vehicles at the entry point. Other noise sources such as balconies are orientated away from side elevations/boundaries so that impacts to adjoining development is minimised.

 

Pedestrian and vehicle access and parking

Inadequate pedestrian or vehicle access and parking

 

Comment: The proposed development provides appropriate pedestrian and vehicular access in accordance with Council’s requirements and Australian Standards. The proposed development provides onsite car spaces in accordance with Council’s requirements.

 

Traffic generation

Traffic generation

 

Comment: The proposed development will increase traffic generation from that currently occurring from the site however, it is considered that this vehicular generation will not result in significant traffic impacts. The traffic counts undertaken by Council’s Traffic Section show that the existing road network can support the additional movements created by the proposed development and as such no objection is raised to the application from Council’s Senior Traffic Engineer.

 

In addition to this, the applicant has submitted a Traffic and Parking Assessment Report (prepared by Varga Traffic Planning Pty Ltd (dated 15 Nov 2013, Ref 13534)) which concludes that the proposed development will not have adverse impacts on the road network.

 

Non compliance with LEP or DCP

Non compliance with LEP or DCP

 

Comment: The proposed development complies with the relevant requirements as detailed in the report above. The variation sought to the height of the basement and the building envelope is considered acceptable as it has negligible impacts on adjoining developments. The variations are directly related to the flood affectation of the site which requires the finished floor level to be elevated above ground.

 

Stormwater drainage

Inadequate stormwater drainage, existing overland flow

 

Comment: Council’s Development Engineer has liaised with the applicant’s hydraulic engineer regarding the flood affectation of the site and the required overland flow path. Council’s Development Engineer has advised that the development can provide appropriate stormwater disposal through the adjoining public pedestrian path subject to appropriate conditions of consent being provided to any consent granted.

 

Property value

The value of other properties in the street will be reduced.

 

Comment: The claim that property values will be reduced cannot be supported or refuted. However the subject zone applies to all properties in Lawrence Street which permits the same development potential.

 

Aesthetics and amenity

Detrimental impacts to aesthetics and amenity of local area

 

Comment: The proposed development is considered to be an appropriate design response to the requirements for residential flat buildings. The design of the development is consistent with the desired future character of the area. The proposed development meets the requirements of the relevant planning instruments and Development Control Plans as detailed in the report above. The development has been examined by the St George Design Review Panel who has not objected to the development subject to some design changes being undertaken. The applicant has undertaken these design changes which result in a better design outcome.

 

Dilapidation report

A dilapidation report is to be prepared for developments adjoining the site.

 

Comment: A condition of consent requires the applicant to prepare dilapidation reports pre and post construction to determine if any damage has occurred to adjoining developments as a result of the development.

 

Council Referrals

 

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.

 

Development Engineer

Council’s Development Engineer has raised no objection to the application subject to conditions of consent being attached to any consent granted.

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the application subject to the implementation of the landscape plan.

 

Senior Traffic Engineer

The comments provided by Council’s Senior Traffic Engineer have been discussed in the report above under the section entitled ‘Built Environment’.

 

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 application seeks permission to demolish the existing structures and construct a residential flat building with basement car parking area. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and seeks variations to height of the basement and the building envelope. These variations are supported as detailed in the report.

 

Seventeen (17) submissions to the development have been received from residents objecting to the development and the potential future redevelopment of the area. The existing area is characterised by one (1) and two (2) storey developments and although the proposed development will be three (3) storeys in height it is considered that is provides an appropriate response to the streetscape and is consistent with the future desired character of the area. Accordingly, it is recommended that the application be approved 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 DA2013/0386 for the 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 on Lots 211 and 212 DP 36317 and known as 42 and 44 Lawrence Street Peakhurst, 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 2013-08, DA00, 02, 03, 04, 05, 06, 07, 08, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24

Received 19 Feb 14

Basement floor plan, First floor plan, Second floor plan, Roof plan, Elevations (2 sheets), Section AA, Solar and cross flow diagrams, Finished schedule (2 sheets), Adaptable unit layout, typical unit layouts, Units summary, Communal open space and deep soil landscaped areas, Shadow diagrams (6 sheets), Floor area calculation

B

George El Khouri Architects

Job No 2013-08

7 Mar 14

Site/ground floor plan

C

George El Khouri Architects

-

Received 19 Feb 14

Artists impression (3 sheets)

 

George El Khouri Architects

Drawing No 13-2747 L01

10 Oct 13

Landscape plan

E

Zenith Landscape Designs

Reference No 203966

11 Sep 13

Plan of levels and details

-

W Buxton Pty Ltd

-

20 Nov 13

Waste management plan

-

George El Khouri 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

$3,487.00

20 Nov 13

2010687

Plan First Fee

X

$1,849.60

20 Nov 13

2010687

Notification Fee

X

$226.00

20 Nov 13

2010687

DA Advertising Fee

X

$1,105.00

20 Nov 13

2010687

DRP Fee

X

$1,242.00

20 Nov 13

2010687

Company Search Fee

X

$20.00

20 Nov 13

2010687

Long Service Levy

 

$10,115.00

 

 

Builders Damage Deposit

 

$48,000.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$260.00

 

 

S94 Residential (Community Facilities)

 

$20,642.39

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$145,954.88

 

 

 

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

 

$3,356.25

 

 

Construction Certificate Application Fee

 

$3,356.25

 

 

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                                                                           $20,642.39

Open Space, Recreation and Public Domain Facilities                  $145,954.88

 

Total:                                                                                                     $166,597.27

 

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 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, and Hurstville) or viewed on Council’s website

 

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)  Damage deposit value = $1,200 per metre of street frontage property (e.g. For 40m of street frontage, the total damage deposit value should be $48,000.00)

(b)  Inspection value = $260.00 - Minimum of two (2) inspections required ($130.00 per inspection)

(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 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 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Lawrence 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.

(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 Hurstville Council’s Website at www.hurstville.nsw.gov.au/Forms

(b) In the Application Form, quote the Development Consent No. (eg. 2013/DA-0386) 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.

 

10.       APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

 

(a) Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b) The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(c)   Documentary evidence of such insurance cover to the value of ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

 

(d)  The applicant must register a non-terminating bank guarantee in favour of Council. Non-terminating bank guarantee value = $1,000 per metre of street frontage property (e.g. For 40m of street frontage, the total damage deposit value should be $40,000.00)

 

The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

 

(e) In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

 

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.

 

11.       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.

 

12.       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.

 

13.       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 a junction pit to be constructed over Council’s stormwater pipeline* located in the public pathway on the western side of the development in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

A Hydraulic Grade Line Analysis is to accompany the stormwater plan.

 

The design of this proposed on site drainage system must be prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) and be submitted for approval with the Construction Certificate.

 

*Council’s pipeline is to be upgraded (see conditions APR6001 and CC3018) at full cost to the developer.

 

14.       CC3002 - Development Engineering - Stormwater Systems with Basement - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

The underground basement car park must pump to and all other stormwater must drain by gravity to the street gutter.

 

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

 

15.       CC3003 - Development Engineering - Stormwater - Protection of basement from inundation of stormwater waters - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

The construction of the building shall de designed to conform to the recommendations and conclusions of the Flood Study Report dated 18 February 2014 by Kozarovski and Partners for 42-44 Lawrence Street, Peakhurst in regards to the protection of the underground basement from any possible inundation of surface waters.

 

Evidence from an appropriately qualified person that this design requirement has been adhered to shall be submitted with the Construction Certificate application.

 

16.       CC3009 - Development Engineering - Submitted Flood Study - The development shall be designed to conform to the recommendations and conclusions of the submitted flood study prepared by Kozarovski and Partners dated 18 February 2014.

 

This shall include, but not be limited to, any recommendations for the following:

(a)        Minimum Finished Floor Level of RL33.70m AHD.

(b)        Fencing with flow-through provision for a minimum of 400mm above ground level, is to be installed for the full length of the western boundary, and for the width of the northern boundary that coincides with the communal open space area at the north western corner of the development.

(c)        Site regrading.

(d)        Any openings to the basement must be at least 500mm above the 100yr flood level.

(e)        Freeboard of 500mm is applicable on the western side of the building at the landing at the top of the stairs to the basement, this results in a finished level of RL31.3AHD (min.).

(f)         Protection of basement from inundation of surface waters by the incorporation of a hump in the driveway is to conform to design levels on Drawing C-2396-02 dated 18/2/2014 i.e. ranging from RL33.9AHD to RL33.72AHD.

(g)        Footing design is to take into consideration overland flow velocity during a 1:100yr ARI storm event.

(h)        The requirements of the respective Utility Authorities with regard to overland flow are to be adopted.

 

Evidence from an appropriately qualified person that all design requirements have been adhered to shall be submitted with the Construction Certificate application.

 

17.       CC3010 - Development Engineering - Support for Easement Pipes -

(a) All footings within 2.0 metres of the drainage easement shall be designed in such a manner that they are supported by foundations set at a minimum of 300mm below pipe invert levels or founded on sound rock.

(b) Alternatively the footings of the building or any structure shall be designed not to affect the zone of influence taken from the invert of any pipe.

(c)  The walls of any dwelling, pool or structure adjoining the easement shall be designed to withstand all forces should the easement be excavated to existing pipe invert levels.

(d) No building or other structure must be placed over the drainage easement or stormwater system or within the zone of influence taken from the invert of any pipe.

 

Evidence from an appropriately qualified person that this design requirement has been met shall accompany the application for the Construction Certificate.

 

18.       CC3012 - Development Engineering - Pump-Out System Design for Stormwater Disposal - The design of the pump-out system for storm water disposal will be permitted for drainage of basement areas only, and must be designed in accordance with the following criteria:

(a) The pump system shall consist of two (2) pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one (1) hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one (1) hour duration storm of the 1 in 20 year storm;

(b) The pump system shall be regularly maintained and serviced, every six (6) months; and

(c)  Any drainage disposal to the street gutter from a pump system must have a stilling sump provided at the property line, connected to the street gutter by a suitable gravity line.

 

Engineering details demonstrating compliance and certification from an appropriately qualified and practising civil engineer shall be provided with the application for the Construction Certificate.

 

19.       CC3013 - Development Engineering - Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising Hydraulics Engineer shall be submitted with the application for the Construction Certificate.

 

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's requirements.

 

20.       CC3018 - Development Engineering - A stormwater drainage design is to be submitted, that includes a Hydraulic Grade Line Analysis, for the upgrade of Council’s drainage system between Lawrence Street and Gover Street - see condition APR6001.

 

This design is to be accompanied by an amended Flood Study Report that demonstrates a reduction in hazard level of overland flow to no greater than 0.4m2/sec. along the public pathway and adjacent private communal open space.

 

21.       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. 

 

22.       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) Privacy screens are to be provided to the balustrades of the second floor balconies located on the side elevations. The privacy screens are to result in the balustrade being minimum 1.5m high and comprising of translucent glazing or louvres. If louvres are provided, they are to be fixed in a direction that does not allow downward viewing of adjoining developments. These design changes are to be incorporated into the plans submitted with the Construction Certificate Application.

 

23.       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.

 

24.       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.

 

25.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 507401M dated 4 October 2013 approved with the Development Consent No. DA2013/0386, must be implemented on the plans lodged with the application for the Construction Certificate.

 

26.       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.

 

27.       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

 

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

(a) The street tree, Lophostemon confertus (Brush Box) located at the front of the site on the public nature strip. The tree is to be retained and protected as per the recommendations of the report prepared by Tree and landscape Consultants (dated 19 February 2014, Reference No 3274A).

 

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.

 

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

(a) Four (4) Bungalow Palms and two (2) Pittosporum

 

Eight (8) trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the front/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 250mm and shown on the final landscape plan for the development. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw.gov.au/Tree-Management

 

30.       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).

 

31.       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

 

32.       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.

 

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

The following waste and recycling facilities will be required:-

Domestic Waste:- 8 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 8 x 240 litre MGB’s.

 

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.

 

34.       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 properties with a common boundary to the development site and 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.

 

 

35.       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.

 

36.       CC2010 - Development Assessment - SEPP 65 Design Verification Statement - A certifying authority must not issue a Construction Certificate for residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development

 

37.       CC7011 - Building - Slip Resistance - Commercial, Retail and Residential Developments - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

38. CC6005 - Engineering - Traffic Management - Construction Traffic Management Plan (Large Developments only) - A Construction Traffic Management Plan detailing:

 

(a)  construction vehicle routes;

(b)  anticipated number of trucks per day;

(c)   hours of construction;

(d)  access arrangements; and

(e)  proposed traffic measures to minimise impacts of construction vehicles, and

 

must be submitted to the satisfaction of Council’s Engineers prior to the issue of the Construction Certificate.  Council’s Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

 

39.       CC6003 - Engineering - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times. 

 

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5Mpa lean concrete mix.

 

40. 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.

 

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.

 

41.       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.

 

42. 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.

 

43.       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

 

44.       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.

 

45.       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.

      

46.       PREC6002 - Engineering - Dilapidation Report on Public Land - Major Development Only - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared on Council infrastructure adjoining the development site, including:

 

(a) Public infrastructure on Lawrence Street

 

The Dilapidation Report must be prepared by a qualified structural engineer.  The report must be provided to the Principal Certifying Authority and a copy provided to the Council. 

 

The report must include the following:

(a)       Photographs showing the existing condition of the road pavement fronting the site,

(b)       Photographs showing the existing condition of the kerb and gutter fronting the site,

(c)       Photographs showing the existing condition of the footpath pavement fronting the site,

(d)       Photographs showing the existing condition of any retaining walls within the footway or road, and

(e)       Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f)        The full name and signature of the structural engineer.

 

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

 

Council will use this report to determine whether or not to refund the damage deposit after the completion of works.

 

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.

 

47.       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.

 

48.       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.

 

49.       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).

 

50.       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.

 

51.       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.

 

52. CON7001 - Building - Structural Engineer’s Certification during construction - The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of construction or prior issue of the Occupation Certificate.

 

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.

 

53.       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.

 

54.       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. 507401M dated 4 October 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

55.       OCC3002 - Development Engineering - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate -

(i)      The upgrade of Council’s drainage system between Lawrence Street and Gover Street must be completed, in accordance with Council Approved Section 138 Drainage Plans and conditions of approval.

(ii)     The Principal Certifying Authority must ensure that the on-site stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.

(iii)    Works-as-executed drainage plans and certifications must be forwarded to the Principal Certifying Authority and Hurstville City Council, from a suitably qualified and experienced Hydraulic Engineer /Surveyor for both on-site and public pathway drainage works.

 

These Plans and Certifications shall confirm that the design and construction of the stormwater drainage system satisfy the conditions of development consent and the Construction Certificate stormwater design details approved by the Certifying Authority.

 

The works-as-executed drainage plan must prepared by a suitably qualified and experienced Hydraulic Engineer in conjunction with a Registered Surveyor and the works-as-executed plan must include the following details (as applicable):

(a)     The location of any detention basin/s with finished surface levels;

(b)     Finished site contours at 0.2 metre intervals (if applicable)

(c)     Volume of storage available in any detention areas;

(d)     The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

(e)     The orifice size/s (if applicable);

(f)      Details of any infiltration/absorption systems; and (if applicable);

(g)     Details of any pumping systems installed (including wet well volumes if applicable).

 

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

 

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

(a) Residential dwellings: Eighteen (18) – (one (1) space per one (1) or two (2) bedroom unit and two (2) spaces per three (3) or more bedroom unit. One (1) accessible car space per adaptable/accessible unit)

(b) Residential visitors: Four (4)

(c)  Car wash bay: One (1) which can be a visitor’s space

 

58.       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 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Lawrence 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.

(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.

 

59.       OCC2008 - Development Assessment - SEPP 65 Design Verification Statement - A certifying authority must not issue an occupation certificate to authorise a person to commence occupation or use of residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development

 

60.       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.

 

61.       OCC2006 - Development Assessment - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

(a) All properties with a common boundary to the subject site.

 

The report is to be prepared at the expense of the beneficiary of the consent and submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of the Occupation Certificate.

 

62.       OCC6008 - Engineering - Dilapidation Report on Public Land for Major Development Only - Upon completion of works, a follow up dilapidation report must be prepared on Council infrastructure adjoining the development site, including:

 

(a) Infrastructure on Lawrence Street.

The dilapidation report must be prepared by a qualified structural engineer.  The report must be provided to the Principal Certifying Authority and a copy provided to the Council.

 

The report must include the following:

(a)       Photographs showing the condition of the road pavement fronting the site,

(b)       Photographs showing the condition of the kerb and gutter fronting the site,

(c)       Photographs showing the condition of the footway including footpath pavement fronting the site

(d)       Photographs showing the condition of retaining walls within the footway or road, and

(e)       Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f)        The full name and signature of the professional engineer.

 

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

 

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. Further, Council will use this report to determine whether or not to refund the damage deposit.

 

63.       OCC7002 - Building - Slip Resistance    - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms in any commercial/retail/residential units are to comply with the slip resistant requirements of AS1428.1 (general requirements for access/new building work) and AS1428.4 (tactile ground surface indicators) and AS2890.6 (off-street parking).  Materials must comply with testing requirements of AS/NZS4663:2002.

 

64.       OCC6005 - Engineering - Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

 

(a)     Stormwater pipes, pits and connections to public stormwater systems within the road related area;

(b)  Driveways and vehicular crossings within the road related area;

(c)   Removal of redundant driveways and vehicular crossings;

(d)  New footpaths within the road related area;

(e)  Relocation of existing power/light pole

(f)    Relocation/provision of street signs

(g)  New or replacement street trees;

(h)   New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

(i)    New or reinstated kerb and guttering within the road related area; and

(j)    New or reinstated road surface pavement within the road.

 

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. Further the damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction.

 

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.

 

65.       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.

 

66.       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.

 

67.       ONG7004 Building - Noise levels emitted from the mechanical exhaust system or any air conditioning unit must not exceed the background noise level when measured at any point on the boundary of the site.

 

68.       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.

 

69.       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.

 

70.       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.

 

71.       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.

 

72.       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.

 

73.       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.

 

74.       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.

 

75.       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.

 

76.       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.

 

77.       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.

 

78.       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.

 

79.       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.

 

80.       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.

 

81.       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.

 

82.       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.

 

83.       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.

 

84.       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 Senior Development Assessment Officer, below on 9330-6222 during normal office hours.

 

For video relating to 42 – 44 Lawrence Street Peakhurst, click here.

 

 

APPENDICES

Appendix View1

Location map of 42 and 44 Lawrence Street Peakhurst

Appendix View2

REVISED - Elevations - 42 and 44 Lawrence Street Peakhurst

Appendix View3

Photo Montage - 42 Lawrence Street Peakhurst

Appendix View4

Landscape plan - 42 and 44 Lawrence St Peakhurst

Appendix View5

Building envelope - 42 and 44 Lawrence St Peakhurst

Appendix 6

Company extract - applicant - 42-44 Lawrence Street Peakhurst (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             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

[Appendix 1]           Location map of 42 and 44 Lawrence Street Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             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

[Appendix 2]           REVISED - Elevations - 42 and 44 Lawrence Street Peakhurst


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             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

[Appendix 3]           Photo Montage - 42 Lawrence Street Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             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

[Appendix 4]           Landscape plan - 42 and 44 Lawrence St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL111-14             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

[Appendix 5]           Building envelope - 42 and 44 Lawrence St Peakhurst


 


Hurstville City Council – Council Meeting Wednesday, 21 May 2014

CCL112-14        66 - 68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building with basement car parking 

Applicant

William Karavelas

Proposal

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

Owners

L Roach and E So

Report Author/s

Development Assessment Officer, Mr K Kim

File

DA2013/0346

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone R3 - Medium Density Residential

Existing Development

Single storey dwelling house with outbuildings on each lot

Cost of Development

$2,800,000.00

Reason for Referral to Council

Variation to DCP1 and thirteen (13) 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 – LGA Wide – 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 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

Residential flat building and ancillary structures

EXECUTIVE SUMMARY

1.         The proposal seeks approval for the demolition of existing structures and construction of a residential flat building containing four (4) x one (1) bedroom, nine (9) x two (2) bedroom and one (1) x three (3) bedroom units with basement car parking for nineteen (19) cars on the subject site.

2.         The proposal seeks a variation to the building envelope control of Development Control Plan No 1, as the parapets and awnings of the upper levels of the building protrude outside the building envelope.

3.         The subject application was notified/advertised to twenty two (22) resident/owners and thirteen (13) submissions were received in relation to this application.

4.         The application was deferred at the Council meeting of 7 May 2014 for a site inspection. The inspection was held on 12 May 2014.

 

AUTHOR RECOMMENDATION

THAT the application be granted a 'deferred commencement' approval 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 a residential flat building containing four (4) x one (1) bedroom, nine (9) x two (2) bedroom and one (1) x three (3) bedroom units with basement car parking for nineteen (19) cars on the subject site. The proposed building is to be split-levelled at all floor levels, in response to the natural contours of the site, which slopes to the rear. In detail the proposed development consists of the following:

 

Basement level

·    Nineteen (19) residential car spaces, inclusive of two (2) accessible car spaces, four (4) visitor car spaces and two (2) stacked car spaces for the three (3) bedroom unit (Unit 14). Bicycle parking is available underside of the driveway ramp on the western side of the basement.

·    Common vertical circulation area, including the lift and stairs, in the centre of the basement. Bollards are provided in the periphery of this vertical circulation area.

·    Meters/cleaner’s room and fourteen (14) storage areas.

·    Security garage door at the end of the driveway ramp.

 

Ground floor level

·    Front porch/feature and entry foyer. A pedestrian ramp is proposed to the front of the building, in order to provide a continuous access path of travel from the street to the main entrance of the building.

·    One (1) x one (1) bedroom unit (accessible unit) and five (5) x two (2) bedrooms units (including two (2) x multi-levelled units to west).

·    Lift and stairs in the centre of the building.

·    Garbage storage area to the front of the building.

·    Communal open space areas to the front and rear of the building.

 

First floor level

·    One (1) x one (1) bedroom unit (accessible unit) and three (3) x two (2) bedroom units.

·    Two (2) multi-levelled units to the west of the building (Units 9 and 10) have a first floor balcony each, which acts as the private open space.

·    Lift and stairs in the centre of the building.

 

Second floor level

·    Two (2) x one (1) bedroom units, one (1) x two (2) bedroom unit and one (1) x three (3) bedroom unit.

·    Lift and stairs in the centre of the building.

·    The second floor of the building is setback a minimum 7m from the side boundaries of the site.

·    Two (2) architectural/roof features in the form of clerestory windows are proposed for the front units at this floor level of the building. The clerestory windows are oriented to the north in order to maximise solar access to these southern facing units.

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the north western side of Lawrence Street, Peakhurst with the nearest cross street being Pearce Avenue to the east. The subject site comprises of two (2) allotments which are legally described as Lot 199 in DP 36317, and Lot 200 in DP 36317 and are known as 66 and 68 Lawrence Street, Peakhurst.

 

The subject site forms a rectangular block with a combined frontage of 31.70m and a total site area of 1159.4sqm. The site has a fall from the street to the rear northern boundary of approximately 3m. A sewer pipeline runs across the site width near the rear northern boundary of the site.

 

There is a street tree (one (1) x Brush Box) on the western side of the street frontage near the proposed driveway and an on-site tree (one (1) x Melaleuca) on the eastern boundary, which are being retained with this application. Existing on each lot is a single storey dwelling house with outbuildings.

 

Adjoining the site on all sides are single storey dwelling houses, except for the eastern side of the site, where it adjoins a two (2) storey multiple dwelling development (NSW Department of Housing). Further to the north east of the site is another two (2) - three (3) storey multiple dwelling development at 7-11 Pearce Avenue and 61-63 Gover Street, Peakhurst (NSW Department of Housing).

 

The subject site is located within an area predominately characterised by low to medium density residential developments of single and double storey in nature.

 

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 proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below:

 

Clause

Standard

Proposal

Complies

1.2 – Aims of the Plan

In accordance with Clause 1.2 (2)

Consistent with the aims of the plan

Yes

1.4 - Definitions

“Residential Flat building”

The proposed development is defined as a residential flat building

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of R3 Zone

 

Development must be permissible with consent

Meets objectives and is a permissible development with consent

Yes

2.7 - Demolition

Demolition is permissible with 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

Yes

4.3 – Height of Buildings

12m as identified on Height of Buildings Map

Max. 10.65m (clerestory window of front units at second floor)

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

Site = 1159.4sqm

Proposed GFA = 1157.9sqm

 

FSR = 1:1

Yes

5.9 – Preservation of Trees or Vegetation

Trees to be removed are specified in DCP1

Council’s Tree Management Officer raised no objection, subject to the conditions attached to the recommendation of this report (ie retention of 1 x street tree, Brush Box and 1 x Melaleuca to east).

Yes

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 deferred commencement and drainage conditions attached to the recommendation

 

New driveway crossing from Lawrence Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)

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 Mr Nicholas Lycenko (practising/active)

 

Registration No: 3010

 

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)

The subject site is located in a transitional area between low-medium density developments in the area. The proposed development has been designed to respond to other existing 2-3 storey medium density developments found in the area and slope of the site by having split levels

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 proposed building is 3 storeys which will be appropriately articulated at the street frontage to reduce visual impact upon the streetscape. The overall height of the proposed building is well below the desired future heights for residential flat buildings within the area. As such the proposal is considered appropriate to the scale of the area given its position within the transitional area of low-medium density development within the Peakhurst R3 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.

The proposal responds appropriately to the site constraints and results in a development that has adequate setbacks and privacy to adjoining properties and open space areas

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).

Complies with FSR numerical standard of HLEP 2012

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.      

The application is supported by a BASIX certificate that satisfies this clause of SEPP

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.

New planting to the site will improve the site, where no significant vegetation exists. Existing street tree and 1 x established on-site tree are to be retained. Overall landscaping complies and useable open space areas are provided for both public and private uses

Yes

7 - Amenity

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

The proposal provides satisfactory levels of amenity, subject to conditions requiring privacy screening to the first and second floor balconies which are located on the side and rear elevations of the building

Yes, subject to conditions of consent requiring the provision of privacy screens to first floor and second floor balconies located on rear and side elevations

8 – Safety and Security

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

The proposal is considered to be consistent with crime prevention principles

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.

The proposal responds appropriately to this clause of SEPP by providing a range of housing options that varies in unit size, number of bedrooms and adaptable units

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.

The proposed building is of reasonable architectural merit with a mix of building materials and finishes and architectural features

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

Proposed development is consistent with scale of development permitted under the relevant planning instruments

Yes

Building Depth

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

The proposed building has a depth of 24.5m. The proposal achieves satisfactory daylight and natural ventilation by building separations, wall offsets (similar to side light wells) and clerestory windows. The proposal is consistent with this clause of SEPP

Yes

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

West:

Currently single storey so separation distances are adequate

 

West (future compliant RFBs up to 12m in height):

Second floor of each RFB will have a minimum separation of 14m (as required by DCP No 1) and privacy screening, window offsets and window treatments can be provided for ground and first floor level (as required by DCP No 1)

 

East (two storey):

All side windows of this adjoining properties are opaque windows

 

North (single storey):

The proposed building adjoins the back yards of northern adjoining properties. Minimum 12m separation to habitable windows

Yes

Street setbacks

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

Front setback = 6m with balconies projecting 1m into the front setback (complies with DCP No 1)

Yes

Side and rear setbacks

Relate side setbacks to existing streetscape patterns.

Complies with side setback requirements of DCP No 1

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

20% of the site is landscaped with a minimum 25% of the open space as deep soil landscaping

Yes

Fences and walls

Clearly delineate the public and private domain

The proposed fencing is considered acceptable

Yes

Landscape design

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

The proposal provides useable open space and appropriate planting to the site in the form of trees, shrubs and ground covers

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

Communal open space = 290.13sqm or 25% of the site area

Private open space areas to ground floor units meet the requirements of DCP No 1

Yes

Orientation

Position and orientate buildings to maximise solar access

The proposed building has appropriately been positioned and oriented to maximise solar access

Yes

Planting on structures

Design for optimum conditions for plant growth

Small sized planting are limited to planter boxes and medium-large sized trees are to be planted in deep soil areas

Yes

Stormwater Management

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

 

Stormwater disposal is appropriate. Council’s Development Engineer has raised no objection subject to conditions of consent

Yes

Safety

Undertake a formal crime prevention assessment of the development

Development is consistent with crime prevention principles

Yes

Visual privacy

Provide reasonable levels of visual privacy.

The proposal provides satisfactory levels of visual privacy, subject to conditions requiring privacy screening to the first and second floor balconies which are located on the side and rear elevations of the building

Yes, subject to conditions of consent requiring the provision of privacy screens to first floor and second floor balconies located on rear and side elevations

Building Entry

Create entrance which provides a desirable residential identity for development

The main entrance of the building is clearly visible and easily identified with the entry feature

Yes

Parking

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

Basement car parking proposed which meets requirements

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

Continuous access path of travel from the street to the main entrance of the building and at least 20% of units are barrier free

Yes

Vehicle Access

Limit width of driveways to 6 metres.

Integrate adequate car parking and servicing access without compromising character

Driveway is 5.5m wide

 

Basement parking is not visible from the street

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

All units comply with these requirements

Yes

Apartment Mix

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

Units are provided in a variety of sizes, number of bedrooms, and option of adaptable housing

Yes

Balconies

Primary balconies to be a minimum of 2 metres in depth

Balconies have minimum 2.5m depths

Yes

Ceiling Heights

Residential buildings/floors

-habitable rooms minimum 2.7m

-non habitable rooms minimum 2.25m

All rooms have ceiling heights of between 2.7m and 2.9m, except for bulkheads (2.4m ceiling height) in front of side windows in some part of second floor only for a depth of 0.3m. This is required to comply with building envelope

Yes

Flexibility

Provide apartment layouts which can accommodate the changing use of rooms

Layout of units are considered acceptable

Yes

Ground floor apartments

Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.

Ground floor units have private open space and are accessible from a central entry point to the building

Yes

Internal Circulation

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

Max. 6 units accessible from central corridor

Yes

Storage

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

1br = 6m³

2br = 8m³

3br= 10m³

U1 (2br) = 10.28

U2 (1br) = 9.05

U3 (2br) = 27.40

U4 (2br) = 9.96

U5 (2br) = 10.28

U6 (1br) = 9.05

U7 (2br) = 9.25

U8 (2br) = 8.50

U9 (2br) = 9.08

U10 (2br) = 8.69

U11 (2br) = 10.31

U12 (1br) = 8.45

U13 (1br) = 8.96

U14 (3br) = 11.85

Yes

Acoustic Privacy

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

Acoustic privacy impact has been minimised with the use of dense planting, fencing and solid wall construction

Yes

Daylight Access

-Min 70% of units (living rooms and private open space) receive min 3 hours of solar access for dense urban environment

 

-Max 10% units southerly aspect

-At least 70% of units receive min 3 hours solar access to living rooms and private open space

 

 

-7% (Unit 10) has southerly aspect

Yes

Natural Ventilation

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

 

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

-65% of units are naturally cross ventilated

 

 

-86% of kitchens have natural ventilation

Yes

Facades

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

Façade of the proposed building is considered acceptable

Yes

Roof design

Provide quality roof designs which contribute to the overall design

The proposal incorporates a roof form which contributes to the overall design of the building. The flat roof form and clerestory windows/roofs emphasise the horizontal plane which create visual continuity upon the streetscape and are less intrusive in the vertical/height plane (max. height of 10.65m)

Yes

Energy efficiency

Reduce reliance on artificial heating and cooling

The proposal is considered acceptable, subject to BASIX energy efficiency requirements of BASIX certificate

Yes

Maintenance

Supply waste management plans as part of the development application

Waste management plans submitted with the application is appropriate

Yes

Water conservation

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

BASIX certificate submitted addresses water conservation

Yes

 

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 Development Assessment Officer’s (DAO’s) concluding comments:

 

PRINCIPLE 1 - CONTEXT

DRP advice:The subject site is sloping significantly to the rear and in a low scale suburban context. Lawrence Street is a street with high amenity and established Brush Box along its length.

 

Applicant’s response: No comment required.

 

DAO’s comment: No change required to the proposal, given that the proposed building is split-levelled at all floor levels in order to respond to the slope of the site and that the existing street tree (one (1) x Brush Box) is retained with this application.

 

PRINCIPLE 2 - SCALE

DRP advice: Apart from minor breaches to the Council’s building height plane and FSR, the proposal appears to generally comply.

 

Applicant’s response: The amended proposal complies with Council’s FSR requirements.

 

DAO’s comment: The proposal has been amended to address the above issues with Development Control Plan compliance, except for a minor variation to the building envelope control of Development Control Plan No 1 with a number of architectural features (ie parapets and awnings) protruding. This minor variation is considered acceptable for the reasons stated in this report and the overall scale of the development is considered appropriate for the site. No further change is required to the proposed development.

 

PRINCIPLE 3 – BUILT FORM

DRP advice: The current proposal steps the building to comply with the Council’s height plane controls.  This results in the entry being below Lawrence Street level and subsequently provides a poor interface into the street and adjacent open spaces.

Therefore, it is crucial that the building is amended to improve its interface to street and rear communal space.  This includes:

·    Reconfigure pedestrian ramp at front of building to return to entry doors,

·    Extend driveway ramp and lower the basement level to allow the rear section of the building to drop to rear garden level,

·    Establish clear sight lines through the passage from north to south by straightening the side walls of the entire passage to see through to the rear garden. This will require modifications to all the eastern apartments.

 

Improvements are required to the front of the building proposal by relocating the bins to the western side of the front setback and incorporating an entry structure.

 

The Panel is not concerned about the minor non compliance with side setback envelopes on this particular steeply sloping site.  Full compliance with such envelopes can result in awkward deformed building forms, this is exacerbated on sloping sites.

 

Applicant’s response: As requested by the Panel, these changes have been incorporated into the amended proposal. We fully agree with the findings of the Panel in this circumstance. The minor non compliance with the envelope control is of no consequence given the orientation of the site, the compliance with all setback requirements and compliance with the height controls.

 

DAO’s comment: The proposal has been amended to address the above issues by:

·    having a pedestrian ramp at the front of the building with a return ramp to the entry doors,

·    providing an extended driveway ramp and lowering the basement level and rear garden level,

·    having a garbage storage area to the western side of the front setback and entry structure at the street frontage, and

·    improving sight lines through the passage from north (front) to south (rear) by widening the entire passage and repositioning stairs (the split-level layout does not allow clear sightlines from the entry to the rear garden at lower level, however minimal sightlines are achieved through the void of the stairs).

 

In addition, the proposal has been amended to comply with the side setback envelopes, except for a minor encroachment of architectural features (parapets and awnings). No further change is required to the proposed development.

 

PRINCIPLE 4 – DENSITY

DRP advice: The proposal should be modified to comply with the FSR control.

 

Applicant’s response: As noted previously, the amended plans fully comply with Council’s FSR controls.

 

DAO’s comment: The proposal has been amended to achieve compliance with the maximum FSR of 1:1.

 

PRINCIPLE 5 – RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice: Subject to BASIX.

 

Applicant’s response: No comment required.

 

DAO’s comment: The proposal has achieved a BASIX certificate and therefore is considered satisfactory, subject to conditions of consent.

 

PRINCIPLE 6 – LANDSCAPE

DRP advice: The proposal shows retention of an existing Melaleuca on the eastern boundary and this is supported and adequate measures should be taken to retain this tree.

 

The proposed location of communal open space at the front of the development should be redesigned to accommodate improved access to the building and to minimize impact on privacy of the adjoining apartment.

 

The proposal shows communal open space to the rear of the property in the north western corner of the site.  Access to this communal open space could be improved by the modifications to the building (refer to points raised above).  This area should be expanded and private open space modified.

 

The proposal includes new tree planting on the street to supplement the existing Brush Box trees and this is supported.

 

The orientation of private courtyard spaces on the ground level at the front of the building be relocated to the side setbacks to allow for reconfigured entry, access path and expanded planting zones.

 

The OSD tank needs to be relocated under the building footprint and out of deep soil areas.

 

Applicant’s response: The amended plans satisfactorily meet the recommendations of the Panel. Please note that there is no OSD tank in this development. The proposed detention is by means of on-site detention which maximizes the landscaped area.

 

DAO’s comment: The proposal has been amended to address the above issues by:

·    having a communal open space to the south eastern front of the building to allow improved access via the ramp to the entry and to provide visual buffer between the subject building and adjoining properties,

·    lowering the finished floor level and overall height of the building to improve access to the communal open space at the rear of the building, and

·    re-orienting private courtyard spaces on the ground level at the front of the building towards the side setbacks.

 

In addition, there is no OSD tank in the rear yard. As indicated by the applicant the proposed detention is by means of on-site detention which maximises the landscaped area.

 

PRINCIPLE 7 – AMENITY

DRP advice: Refer to comments above regarding entry, communal open space, landscape, garbage room location and stepping of building floor levels.

 

The Panel were concerned that some of the apartments are very tight, especially the adaptable units, it is recommended that an accessibility consultant review these plans.  Given the fact that the density is over the recommended FSR a reconfiguration of a lesser number of units may result in more amenable interior spaces.

 

The Panel recommends that storage recommendations in RFDC be complied with and explained by diagram and schedule.

 

Applicant’s response: As noted previously, the amended plans fully comply with Council’s FSR control and RFDC storage requirements.

 

DAO’s comment: The proposal has been amended to address the above issues by:

·    making changes to the entry, communal open space, landscape, garbage room location and stepping of building floor levels as outlined previously in the report,

·    complying with the maximum FSR of 1:1 and being consistent with RFDC as detailed in the report,

·    providing the minimum required accessible units, which are supported by an adaptability report (prepared by ABS Access consultants and dated 14 October 2013), and

·    providing storage areas that are consistent with RFDC with accompanying floor plans and schedule.

 

PRINCIPLE 8 – SAFETY AND SECURITY

DRP advice: See notes above access ramp, entry, foyer and stepping of levels.

 

Applicant’s response: No comment required.

 

DAO’s comment: As discussed under the ‘Built Form’ section of this report. No response required.

 

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice: Acceptable.

 

Applicant’s response: No comment required.

 

DAO’s comment: No response required.

 

PRINCIPLE 10 - AESTHETICS

DRP advice: Generally acceptable within the framework of the comments above. The Panel recommends the continuation of the hedge treatment along the front boundary associated with the proposed timber fence.  Substantial trees could be introduced into the newly located communal open space to the front and rear elevation.

 

Applicant’s response: The recommendations of the Panel have been incorporated into the amended landscaping plans.

 

DAO’s comment: The proposal has been amended to address the above issues.

 

In summary, the proposal is considered to be consistent with the principles of RFDC and SEPP 65 – Design Quality of Residential Flat Development.

 

2.      Draft Environmental Planning Instruments

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

 

PROPOSED AMENDMENT TO PEAKHURST R3 ZONE

Council at its meeting on 5 February, 2014 resolved in part to prepare a Planning Proposal to amend Hurstville Local Environmental Plan 2012 (HLEP 2012) by changing the zoning of land currently zoned R3 Medium Density Residential to R2 Low Density Residential and bounded by Forest Road, Bonds Road, Trafalgar Street, Gover Street, Lawrence Street, Peakhurst Park and Jacques Avenue, Peakhurst.

 

This Planning Proposal is currently under preparation and until the proposed amendment is made to the HLEP 2012, the subject application complies with the current R3 Medium Density Residential zoning. The intended amendment is not a relevant matter for consideration, until such time as the Planning Proposal receives a Gateway Determination and is placed on public exhibition.

 

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

Planning legislation changes for DCPs

In March last year, a new Section 74BA was introduced into the Environmental Planning and Assessment Act 1979 which identifies the purpose and status of development control plans, highlighting the fact that DCPs are to primarily provide guidance to compliment an environmental planning instrument (LEP), and that provisions in a DCP are not statutory requirements.

Section 79C (3A) provides guidance on how consent authorities must assess and determine DAs in relation to provisions that are contained within DCPs. The section identifies that if:

·    a Development Application meets the standards in a DCP, the consent authority is not to require more onerous standards with respect to the development; and

·    a Development Application does not meet the standards of a DCP, the consent authority is to be flexible in applying those provisions and allow reasonable alternative solutions.

 

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

Requirements

Proposal

Complies

3.1.4.1 - Resident parking

1 or 2 bedroom – 1 space (13 units proposed) = 13

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

 

Total required = 15 spaces

15 residential spaces

Yes

3.1.4.1 -Visitor parking (4 or more dwellings)

1 space per 4 dwellings or part thereof (14 units proposed) = 4

4 visitor car spaces

Yes

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

Compliance with AS2890.1 2004 and AS2890.2

 

Yes

Yes (by conditions)

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

Yes

Yes (by condition)

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

(Max. 25% driveway gradient) Complies

Yes (by conditions of consent)

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

Complies

Yes

3.1.4.6 – Parking for people with a disability

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

Complies

Yes (by condition)

3.1.4.8 - Car washing area

1 space (which can be a visitor space)

Visitor car space can also be provided as car washing area

Yes (by condition)

 

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 and Mobility

Requirements

Proposal

Complies

Adaptable dwellings

1 adaptable dwelling/10 dwellings or part there of (min) = 2

 

Adaptable dwelling complies with AS4299

2 adaptable units

Yes

Access requirements

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

Supported by an adaptability report (prepared by ABS Access consultants and dated 14 Oct 2013)

Yes

Accessible car space

1 space per adaptable dwelling

 

Layout complies with Australian Standard

1 space per adaptable dwelling provided

Yes

 

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

The extent to which the proposed development complies with Section 3.4 – Crime Prevention through Environmental Design is detailed and discussed in the table below.

 

Section 3.4 - CPTED

Requirements

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

Surveillance of street is available from the units where possible

 

Basement car park is not considered to be a dominant feature of the overall streetscape, given that it is not visible from the street

Yes

Building Identification

·    -Clearly numbered buildings

·    -Entrances numbered

·    -Unit numbers provided at entry

These requirements can be conditions of consent

Yes (subject to conditions of consent)

Entrances

Clearly visible and not confusing

The entrance to the building is clearly visible and located on the front elevation of the development

Yes

Fencing

Allows natural surveillance to street

Proposed fencing is satisfactory

Yes

Blind Corners

To be avoided

No bind corners evident

Yes

Communal Areas

Provide opportunities for natural surveillance

The communal areas proposed provide opportunities for natural surveillance

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

Landscaping proposed as per the landscape plan is appropriate

Yes

Lighting

·    Diffused/movement sensitive lighting provided externally

·    Access/egress points illuminated

·    No light-spill towards neighbours

·    Hiding places illuminated

·    Lighting is energy efficient

These requirements can be conditions of consent

Yes (subject to conditions of consent)

Security

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

Appropriate security has been provided

Yes

Car parks

Access to lifts and stairwells to be clearly defined

Access to the car parking area is clearly defined

Yes

Ownership

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

Landscaping and driveways indicate ownership

Yes

Building maintenance

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

Proposed external materials and finishes are appropriate

Yes

 

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

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No1 – LGA Wide.

 

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

The proposal has inadequately satisfied the requirements of this subsection. Council’s Development Engineer has supported the proposed works subject to the deferred commencement conditions for a drainage easement and drainage conditions attached to the determination.

 

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

A Waste Management Plan has been submitted with the application which is acceptable. Standard conditions have been imposed requiring appropriate waste management during construction and as part of the on-going use of the development.

 

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

The extent to which the proposed development complies with Section 4.3 – Multiple Dwellings is detailed and discussed in the table below.

 

Section 4.3 – Multiple Dwellings

Requirements

Proposal

Complies

Minimum Street Frontage

24m

31.70m

Yes

Residential density (Floor Space Ratio)

Cl 4.4 of HLEP 2012 = Max. 1:1

FSR = 1:1

Yes

Landscaped Area

Site = 1159.4sqm

 

Min. 20% (231.88sqm)

235.668sqm or 20.3% (Min. 2m width)

Yes

Maximum Building Height

Cl 4.3 of HLEP 2012 = Max. 12 m

Max. 10.65m

Yes

Front Site Height Maximum

12m

10.65m

Yes

Rear Site Height Maximum

12m

9.4m

Yes

Number of habitable storeys at front of site

3 habitable storeys

3 storeys (excludes basement)

Yes

Number of habitable storeys at rear of site

3 habitable storeys

3 storeys (excludes basement)

Yes

Minimum Private Open Space Area

 

 

 

Ground floor level

<3bedrooms – 50sqm

Min dimension – 3m

 

 

 

 

 

 

Upper levels

< 3 Bedroom – 12sqm

3 bed or more – 12sqm

Min width - 2.5m

Direct access from living room

Ground floor level (< 3 bedrooms, including planter boxes – Min. 3m width)

U1 = 51.67sqm

U2 = 55.23sqm

U3 = 52.46sqm

U4 = 50.4sqm

 

Upper levels

(Min. width of 2.5m)

U5 = 13.02sqm

U6 = 22.53sqm

U7 = 12.75sqm

U8 = 14.68sqm

U9 = 12.14sqm

U10 = 12.14sqm

U11 = 24.3sqm

U12 = 12.85sqm

U13 = 12.87sqm

U14 = 13.29sqm

Yes

Minimum Principal Private Open Space Area

 

 

Ground floor

Must not be located forward of the building line

 

< 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

Ground floor level (< 3 bedrooms)

U1 = 4.25m x 9m

U2 = 6.5m x 8m

U3 = 4m x 9.6m

U4 = 4m x 10m

 

 

 

 

 

Upper levels

(min width of 2.5m)

U5 = 13.02sqm

U6 = 22.53sqm

U7 = 12.75sqm

U8 = 14.68sqm

U9 = 12.14sqm

U10 = 12.14sqm

U11 = 24.3sqm

U12 = 12.85sqm

U13 = 12.87sqm

U14 = 13.29sqm

Yes

Landscape Plan

Landscape Plan to be submitted with the DA

Complies. Landscape Plan and details (prepared by Zenith Landscape Designs)

Yes

Front Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting max. 1m

Yes

Rear Boundary Setbacks

Minimum 6m, balconies can project 1m

6m with balconies projecting max.1m

Yes

Minimum Side Boundary Setbacks

 

Ground & first floor levels – Min. 4m

Second floor level – Min. 7m

 

Building envelope

 

No projections of any form permitted outside the building envelope

4m

 

7m

 

 

Yes

 

Parapets and awnings project outside the building envelope

Yes

 

Yes

 

 

Yes

 

No (1)

Maximum excavation of natural ground level

500mm

Max. 500mm (east, next to Unit 3)

Yes

Driveways, access lanes and car parking

If street frontage is 20m or less – Must not occupy more than 40% of the frontage

 

>20m – Must not occupy more than 33%

Frontage = 31.7m

Driveway = 5.5m in width (including passing bay)

 

 

17.35% of the frontage

Yes

Garages and car ports

Garages must not visually dominate the street facade

Basement car park is not visible from the street

Yes

Basement parking

Basement cannot extend more than 1m above natural ground level

Basement is located below the maximum 1m from the existing ground level

Yes

Visual Privacy

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

Privacy screening required for the first floor and second floor rear balconies

Yes (by conditions)

Solar Design and Energy Efficiency

3hrs of sunlight upon the open space areas of adjacent dwellings between 9am -3pm on 22 June

More than 3 hours sunlight to adjacent dwellings

Yes

Fences at the front boundary

Solid 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)

Proposed front fence = Max. height of 1.5m and more than 50% transparent (where the common open space is proposed within the front setback) and max. height of 0.8m for the solid fence (in front of the ramp to the main entrance of the building)

Yes

Site Services

Site must be serviced by standard utilities

Appropriate utilities can be provided

Yes

Storage

6 cubic metres per dwelling

> 6 cubic metres provided per dwelling

Yes

 

(1) Side Boundary Setbacks

The external walls of the proposed building are placed within the prescribed building envelope under Development Control Plan No 1, but the parapets and awnings of the upper floor levels of the building project over this envelope mainly at the northern rear portion of the building.

 

Despite having this minor encroachment of the parapets and awnings over the building envelope, the proposal is considered acceptable on merit and is recommended to be supported on the following basis:

·    The parapets and awnings encroach over the building envelope but only for a maximum distance of 0.5m. These building elements are considered to be architectural features that mainly serve the purpose of providing shades for window openings and fenestrations (ie awnings are used for weather protection for windows on all elevations and shades for western oriented windows) and articulating each elevation of the proposed building by defining a base, middle and top related to the overall proportion of the building, expressing the location of individual units and balconies within the building, and producing a continuous appearance with other building elements such as balcony balustrades and clerestory windows/roofs at upper levels of the building.

·    The encroachment of these architectural features mainly occurs at the northern rear portion of the building and hence no adverse overshadowing impact is envisaged as a result of this minor variation to Development Control Plan No 1.

·    The proposal is consistent with the objective of building envelope as it fully complies with boundary setbacks and building heights, setbacks are measured to the external enclosing walls and the parapets are placed well below the ridge level of the building, where the building height is measured from the existing ground level.

·    These architectural features are well articulated with the incorporation of minor projections and recesses in horizontal and vertical planes, contrasting materials and colour scheme and fenestration treatments to create varied elevations of the proposed building and achieve visual interest (detail and relief). In addition, no detrimental amenity impacts are likely to result from the minor encroachment over the building envelope.

·    The proposed building cannot further be lowered to achieve compliance with this requirement for accessibility and aesthetic reasons. The Design Review Panel has raised the same issue of applying the building envelope control to residential flat buildings on sloping sites, by stating “full compliance with such envelopes can result in awkward deformed building forms; this is exacerbated on sloping sites.

 

RECENT LAND & ENVIRONMENT COURT DECISIONS

 

FM Holdings Pty Limited v Hurstville City Council – 50-52 Lawrence Street, Peakhurst (April, 2014)

In assessing amended plans lodged by the applicant in this case, Commissioner Morris, noted that these plans “address the original contentions that relate to non-compliance with the development standards for height and FSR”.

 

In this regard “the only breach of the height development standard is for the roof structure of the lift overrun and that, in accordance with the provisions of clause5.6 of the LEP, consent may be granted for an architectural feature above the 12m height standard…”

 

The Commissioner also commented on building envelope, bulk and scale matters noting that the proposals breach is acceptable and is the result of what is considered an “awkward planning control for a sloping site”. Remedies by way of stepping the floor plate and unnecessary excavation were not considered appropriate given the relatively small footprint of the building.

 

Further the Commissioner concluded that:

“The applicant has made significant changes to the plans for the proposal following the council’s determination of the application. Those changes have gone a long way to address the contentions, importantly, have also ensured compliance with the relevant development standards contained in the LEP and the majority of controls contained in the DCP. This is particularly important in an area undergoing transition, as is the case for this site. The area has been rezoned from low density, single dwelling houses to permit three storey residential flat buildings. This fact will result in change to the streetscape and character of the area.”

 

“Having regard to the evidence, the provisions of the LEP and DCP and those matters prescribed under S79C of the Environmental Planning and Assessment Act 1979, I am satisfied that the plans now before the Court are either compliant with the council’s planning controls or meet the objectives of those controls, and where not met, the variations are minor. For this reason, it is appropriate for the consent to be granted.”

It is apparent that the Land & Environment Court will accept compliance with FSR and height controls, and minor variations where the objectives of those controls are met. It is considered the subject development application meets these requirements and is satisfactory.

 

4.      Impacts

 

Natural Environment

The proposal includes the retention of one (1) street tree (Brush Box) and one (1) established on-site tree (Melaleuca) on the eastern side of the frontage. Also the proposal incorporates sufficient landscaped areas to soften the building and contribute to the natural environment.

 

The proposed excavation for the basement is considered acceptable for this type of construction, 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 to building envelope that is supported for the reasons discussed earlier in the report.

 

In terms of traffic generation, the proposed development is unlikely to have adverse traffic impacts on the road network, given the following traffic comments and study undertaken for the Peakhurst R3 area by Council’s Senior Traffic Engineer:

 

Senior Traffic Engineer Comments:

“i. Existing Traffic Environment

Lawrence Street is an 890m long, 15.4m wide road reserve (approx. 7.4m carriageway), local road extending from Jacques Avenue to Pearce Avenue, Peakhurst and performs a local residential road function with Council’s road hierarchy. The road services Zone R3 residential zoned land. The northern side of Lawrence Street is provided with parallel street parking.

 

Currently turning movements at Lawrence Street and Pearce Avenue are not restricted. Give way signage is in place at the Gover Street and Pearce Avenue intersection. The posted speed limit for Lawrence Street is 50km/h.

 

Recent traffic counts undertaken by Council in September 2013 found:

·    The 85th percentile speed of the traffic on both directions to have a combined average of 51km/h

·    The Average Annual Daily Traffic for the five days in both directions combined is 442 vehicles per day

 

Under these circumstances the existing conditions may be considered as representative of a low volume environment with no existing traffic problems in terms of excessive speeding or traffic in Lawrence Street. Traffic volumes are well below the Environmental Goal of RMS guidelines for a local road.

 

ii. Proposed Development - Traffic Generation

The Roads and Maritime Services (RMS) Guide to Traffic Generating Developments provides average traffic generation rates for a range of different land uses. The guidelines provide peak hour vehicle trips (phvt) generated by residential developments as follows:

Dwelling houses = 0.85phvt per dwelling

Medium Density residential flat buildings = 0.4-0.5 phvt

(up to two bedroom)

Medium density residential flat buildings = 0.5-0.65 phvt

(three of more bedrooms)

 

Using these rates the overall generation by the proposed development may be expected to be:

 

Number of Beds

Generation Rate (Max.)

Peak Hour Vehicle Trips (phvt)

4x1 bed

0.5

2

9x2 Bed

0.5

4.5

1x3 Bed

0.65

0.65

TOTAL

7.15

 

Deducting the traffic generated by two existing free standing dwellings (1.7phvt) results in an overall increase arising from the development of 5.45 phvt (round up figure).

 

iii. Cumulative Impact in Locality

The following table contains traffic volumes for Lawrence Street and the increase attributed to the proposed development in the AM and PM peak.

 

Traffic Movements

Environmental Capacity RMS

(Max peak hour volume)

Existing Traffic Volumes

(phvt)

Proposed Increase

(phvt)

% Increase

Remaining

Environmental Capacity

Lawrence Street

200

38

5.45

14.3%

85.7%

See RMS Guide to Traffic Generating Developments – Table 4.6 Local Street - Environmental Capacity

 

iv. Need for Traffic Improvements in the Locality

Based on these numbers there is sufficient capacity in Lawrence Street, Peakhurst, to accommodate the extra traffic being generated by the proposed development and no need for traffic improvements at this time.

 

v. Traffic egress/ingress to arterial/sub-arterial roads

Access onto Forest Road (State Road) is via traffic controlled intersections at Belmore Road and Jacques Avenue. Access is also available to Forest Road from Pearce Avenue via unconstrained turning movements. The intersection of Jacques Avenue and Belmore Road provides a sign posted roundabout and does not warrant improvements arising from the impact of this development.

 

vi. Sight distance and other safety issues

Sight distances from the subject site comply with RMS guidelines. Pedestrian movement is also available off-road adjacent to the road pavement in Lawrence Street minimising any potential pedestrian vehicle conflict.

 

vii. On Street Parking in Locality

On-street car parking is available and is not constrained in Lawrence Street. It is acknowledged that cars parked on opposite sides of Lawrence Street would block the carriageway however there is kerb-side space to limit this occurrence. All car parking for the development is provided on-site minimising any impact on on-street car parking availability.”

 

Social Impact

The proposal is for permitted 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

The subject application was notified / advertised to twenty two (22) adjoining residents and owner for fourteen (14) days in which to view the plans and submit any comments on the proposal. Thirteen (13) submissions were received in relation to this application and raised a number of concerns which are summarised as follows.

 

Privacy impact – loss of privacy and overlooking

A concern was raised in relation to a potential overlooking from the proposed building and in one particular submission it raised issues in relation to the windows and balconies at the northern rear elevation of the building.

 

Comment: The proposal includes northern rear oriented windows that are either offset or bedroom windows and provides screen planting along the site boundary in the form of medium-large sized trees (strategically placed to screen views from the balconies) and shrubs. In addition the proposal has been conditioned to require privacy screening for the first floor and second floor balconies to reduce overlooking into the adjoining properties, especially the northern adjoining neighbour’s swimming pool and private open space.

 

As such the proposed development is unlikely to have any detrimental privacy impact on neighbouring properties and is considered acceptable with this condition.

 

Overshadowing – loss of solar access

Concerns were raised in relation to a potential overshadowing by the proposed building and in one particular submission it raised issues in relation to shadow cast on the neighbour’s garden, pool and drying area (to the north of the subject site).

 

Comment: The proposal has met the minimum solar access requirements of Council’s Development Control Plan No 1 and SEPP 65, given the site orientation and building heights being well below the maximum allowed (with the exception of minor encroachment over the building envelope that has minimal overshadowing impact). In regards to the concerns relating to the neighbour’s garden, pool and drying area, the proposal will have a negligible impact on this neighbour, due to the sun angle and orientation of this neighbour’s property.

 

Overdevelopment - excessive bulk and scale

Concerns were raised in relation to bulk and scale of the proposed development, particularly in regards to:

o “The current infrastructure cannot accommodate three (3) storey unit over development and it does not fit the suburb character.

o Explain how this is not overdevelopment.

o Loss of character of the area.

o Appropriateness of the proposal.

o This is a major development that will eclipse my single storey home. The State Government has already heavily developed the area close to me with all the Housing Commission units and townhouses.”

 

Comment: The above concerns are acknowledged and not unexpected for an area undergoing change and when comparing the proposed development with the existing low-medium density developments in the area. However the bulk and scale of the development complies with Council’s current controls, SEPP 65 and is considered to be consistent with the future desired character of the area. This type of development is permitted under the current Council’s controls, which have been adopted through extensive community consultation. The subject site is located within an area undergoing transition, where there are existing two (2) - three (3) storey medium density developments in the vicinity of the development site.

 

Adequacy of infrastructure – stormwater drainage, sewer line, electricity and the like

Concerns and questions were raised in relation to the adequacy of existing infrastructure in the area for the proposed development, particularly in regards to:

o “Existing overland flow.

o Increase stress on old infrastructure eg sewerage (in recent years we have twice had raw sewerage flow across our property from blocked sewerage line).

o Increase stress on electrical supply (increased blown out and loss of service).

o Continual flow of water to the street gutter in Gover Street.

o The drainage pipes for Lawrence Street are not designed to support extra people in the unit. There will be a problem for flooding in our street in the future.

o The majority of water and sewer pipes are around 60 years old, how will the proposed development impact on these pipes/system? Do pipes etc all end up being connected up or what happens?

o I asked if the Council had any current plans to increase infrastructure in line with the proposed development and was told “no”.

o There is no diagram in the plans available showing details of where stormwater will be directed to.”

 

Comment: Council’s Team Leader Subdivision and Development has reviewed the submitted stormwater concept plans and recommended a deferred commencement approval for a drainage easement through the downstream properties with the view that the existing infrastructure is capable of accommodating the additional stormwater from the subject site. Also standard conditions in relation to compliance with various government agencies (ie Sydney Water’s approval to their sewerage system and Ausgrid in relation to electrical supply) apply to any consent granted.

 

Potential economic impact

Concerns were raised in relation to a potential economic impact by the proposal, particularly in regards a potential loss in property value of neighbouring properties. In addition a concern was raised in relation to a potential increase in crime level in the area.

 

Comment: There is no real evidence to suggest or support this concern.

 

Potential traffic issues

Concerns were raised in relation to a potential traffic issues by the proposal, particularly in regards to:

o “Inadequate pedestrian (no pedestrian footpath in Lawrence Street) or vehicular access (emergency services).

o Inadequate parking, vehicular or service access (loading and unloading).

o Traffic generation (existing two single dwellings vs units as proposed, increased traffic in Trafalgar Street, parking difficulties in Trafalgar Street and Peakhurst Park).

o Safety of vehicles and pedestrians in the street, especially children.

o Narrow width of Lawrence Street and lack of street parking (approximately 7.2m in width).

o Lawrence, Gover and Trafalgar Streets are already clogged. With “five major development applications” submitted for approval, where is everyone going to park and how will a car be able to travel up and down the streets?”

 

Comment: The proposal will increase the number of vehicles and traffic compared with that currently experienced in Lawrence Street. However the proposal has been considered and assessed on the traffic counts undertaken by Council’s Traffic section which revealed that the existing road network is capable of accommodating the additional traffic from the proposed development.

 

Also the proposal provides sufficient car parking within the basement car park and complies with Council’s controls. A 5.5m wide driveway crossing with a passing bay is proposed to reduce traffic conflicts in front of the site.

 

In regard to service access, the proposal is not required to provide loading/unloading area as it is only for residential use. There is no change to the overall width of the street and hence the proposal will have minimal impact on the availability of access to emergency service vehicles in the street.

 

Potential noise issues

Concerns were raised in relation to a potential noise issues by the proposal, particularly in regard to:

·    Traffic noise

·    Noise generated from increased number of occupants of the proposed development

 

Comment: The general use and associated noise from the residential flat building is not likely to be significant in terms of impact on adjoining amenity. The proposal provides a sufficient acoustic buffer with building separation/setback, screen planting, single vehicular access point and basement car park.

 

‘Yellow’ notification sign and information

A complaint was received in relation to the absence of a ‘yellow’ notification sign as of 21 November 2013.

 

Comment:  Council has notified and advertised the proposed development in accordance with Council’s Development Control Plan No 1, as well as a supplementary ‘yellow’ notification sign being displayed at the development site during the advertising and notification period from 8 November 2013 to 22 November 2013. Lost or misplaced notification signs can be replaced by Council; however it is the applicant’s responsibility to notify Council.

 

Non compliance with LEP or DCP

A concern was raised in relation to compliance with Local Environmental Plan or Development Control Plan without any specific details.

 

Comment: The proposed development complies with Council’s Local Environmental Plan standards, SEPP 65 and Development Control Plan No 1, except for the minor variation to the building envelope control under Development Control Plan No 1, which is considered acceptable and recommended to be supported for the reasons outlined in this report.

 

Council’s press releases/information in relation to the Peakhurst R3 area, State Government’s directives

Comments were made in relation to Council’s press releases/information and State Government’s directives.

 

Comment: As previously mentioned, the proposal has been considered and assessed under the current controls, which were adopted through extensive community consultation. The status of the Planning proposal for this area has been mentioned in Section 2. Draft Environmental Planning Instruments previously in this report.

 

Loss of significant trees or vegetation

A concern was raised in relation to loss of significant trees or vegetation without any specific details.

 

Comment: No significant trees or vegetation exist on the site. The existing street tree (one (1) x Brush box) and established on-site tree (one (1) x Melaleuca) are to be retained and protected with conditions of consent. The proposed landscaping to the site complies with Council’s controls and is considered to be acceptable.

 

Disposal of asbestos during demolition

The following questions were raised in relation to the demolition of existing structure which could potentially contain asbestos:

o “I can’t see where the developer has addressed the asbestos issue in their Site Waste Management plan (unless I have missed it)?

o Is the Council going to provide us residents with an assurance that the developers will be monitored to ensure they follow the strict safety guidelines for disposal of asbestos?”

 

Comment: Standard conditions have been included to address any potential issues that may arise during demolition by requiring notification for demolition, asbestos removal in accordance with WorkCover requirements, protection and support of adjoining properties and compliance with the submitted site management and waste management plan during demolition.

 

Potential physical damage to adjoining properties during excavation and construction

The following question was raised in relation to a potential physical damage to the submitter’s property:

o “Will the excavation for the proposed basement parking affect the foundations of my home/property?”

 

Comment: Standard conditions have been included to address any potential issues that may arise during excavation and construction by requiring a dilapidation report prior to the commencement of building works on the development site.

 

Unclear description of the application and lack of assistance and information supplied during notification

The following concerns and questions were raised in relation to the description of the proposal and assistance and information provided during notification:

·    Deficient notification time for neighbours to view and interpret or seek expert’s advice on the proposal.

·    Discrepancies in description in various documents (does not state which documents).

·    Stormwater concept plan and details.

 

Comment: Sufficient information, including stormwater plans were provided and made readily available within the notification period of fourteen (14) days in accordance with Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification. The description of the application has not changed from the notification letter which stated “Residential - New multi unit 3 Storey Residential Flat Building over a common basement and demolition of existing dwellings” and the number of units or bedrooms has not changed from the originally submitted application.

 

Council Referrals

 

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development has considered the proposal and advised that the proposal may be considered for approval subject to the deferred commencement conditions for a drainage easement and drainage conditions attached to the determination.

 

Manager Environmental Services

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

 

Tree Management Officer

Council’s Tree Management Officer has raised no objection to the application subject to the implementation of the landscape plan and retention and protection of one (1) x street tree, Brush Box and one (1) x Melaleuca to the eastern side of the front yard.

 

Senior Environmental Health and Building Surveyor (Major Projects)

Council’s Senior Environmental Health and Building Surveyor (Major Projects) has examined the application and raised no objection 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 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 building envelope control of Development Control Plan No 1 with a minor projection of awnings and parapets, result in no adverse impact and do not warrant amendment.

 

Thirteen (13) submissions were received in relation to the proposal. These submissions have been discussed and addressed in the report.

 

The proposed development complies with Council’s LEP and SEPP 65, does not result in any significant impact on local amenity and is consistent with the future desired character of the area. The subject site is located within an area undergoing transition, where other two (2) – three (3) storey medium density developments exist in the street. Accordingly the application is recommended for deferred commencement approval subject to conditions of consent.

 

DETERMINATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred commencement consent to Development Application DA2013/0346 for the 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 on Lots 199 and 200 DP 36317 and known as 66 and 68 Lawrence Street, Peakhurst, subject to the following:

 

The Development Application described above has been determined by the granting of a Deferred Commencement Consent subject to the conditions specified in this notice.

 

This Development Application is a Deferred Commencement Consent under Section 80(3) of the Environmental Planning and Assessment Act (as amended) 1979.  Strict compliance is required with all conditions appearing in Schedule 1 within twelve (12) months from the Determination Date of this consent.  Upon confirmation in writing from Hurstville City Council that the Schedule 1 Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.

 

Schedule 1

 

A. DEF1001 – Deferred Commencement Condition – Registration of Stormwater Easement - The person with the benefit of the consent must acquire an Easement to Drain Water of 1 metre (minimum) width.  The easement must allow for a piped, gravity fed system of drainage of stormwater from the land the subject of this consent with direct, underground connection to Council's kerb and gutter in Gover Street.

 

The consent is not to operate until evidence of registration of the easement to drain water benefiting the land the subject of this consent and burdening the title of each such other property/ies is provided to Council.

 

B. DEF1002 – Deferred Commencement Condition - The person with the benefit of the consent must obtain separate Development Consent for all drainage works to be carried out within the Easement to Drain Water.  The written consent of each of the owners of the property/ies burdened by the Easement will be required for each development application to carry out the drainage works on the burdened lot/s.

 

The consent is not to operate until development consent is obtained for the whole of the drainage works within the Easement(s) to drain water.

 

Documentary evidence as requested or the above information must be submitted within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

Subject to A and B above being satisfied, a development consent be issued subject to the following conditions:

 

Schedule 2

 

DEVELOPMENT CONSENT is granted to the Development Application described above, subject to the conditions in Schedules A, B and C.

 

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

 

Right of Review – If you are dissatisfied with this decision, you may request a review of the determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application (Section 82A is not applicable to Integrated or Designated Development).

 

Right of Appeal – Alternatively, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the NSW Land and Environment Court within six (6) months of the endorsement date on this notice.

 

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

28 Mar 14

Site Analysis Plan and Streetscape

D

Cornerstone Design

DA02

20 Dec 13

Basement Plan

B

Cornerstone Design

DA03

27 Mar 14

Ground Floor Plan

D

Cornerstone Design

DA04

27 Mar 14

First Floor Plan

D

Cornerstone Design

DA05

27 Mar 14

Second Floor Plan 

D

Cornerstone Design

DA06

20 Dec 13

Roof Plan

B

Cornerstone Design

DA07

28 Mar 14

Elevations

D

Cornerstone Design

DA08

28 Mar 14

Elevation, Section and Driveway Profile

D

Cornerstone Design

DA09

22 Sep 13

Shadow Diagrams-1

A

Cornerstone Design

DA10

22 Sep 13

Shadow Diagrams-2

A

Cornerstone Design

DA12

5 Feb14

FSR Calculations Floor Plans

A

Cornerstone Design

13-2753 L01

16 Jan 14

Landscaped Plan

A

Zenith Landscape Designs

13-2753 L02

16 Jan 14

Existing Tree and Details Plan

A

Zenith Landscape Designs

S-22893-1

20 Sep 13

Survey Plan

--

Kevin Brown and Associates Pty Ltd

Not specified

Received: 28 Oct 13

Artists Impression (Perspective)

--

Cornerstone Design

Not specified

Received: 28 Oct 13

Waste Management Plan (3 Pages)

--

Cornerstone Design

Job: 213385

14 Oct 13

Adaptability Report

A

Accessible Building Solutions (ABS)

Not specified

Received: 28 Oct 13

Schedule of Colours & 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

$3,415.00

25 Oct 13

2009605

Plan First Fee

X

$1,792.00

25 Oct 13

2009605

Notification Fee

X

$226.00

25 Oct 13

2009605

DA Advertising Fee

X

$1,105.00

25 Oct 13

2009605

Design Review Panel Fee

X

$1,242.00

25 Oct 13

2009605

Long Service Levy

 

$9,800.00

 

 

Builders Damage Deposit

 

$38,040.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$2600.00

 

 

S94 Residential (Community Facilities)

 

$17,412.42

 

 

S94 Residential (Open Space, Recreation, Public Domain)

 

$123,114.31

 

 

 

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

 

$3,300.00

 

 

Construction Certificate Application Fee

 

$3,300.00

 

 

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                                                                           $17,412.42

Open Space, Recreation and Public Domain Facilities                  $123,114.31

Total:                                                                                                     $140, 526.73

 

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 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) 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: $1,200.00 per metre of street frontage property (for a combined street frontage of 31.7m for 66 and 68 Lawrence Street Peakhurst) the total damage deposit value is $38,040.00.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $260.00 – Minimum of two (2) inspections required ($130.00 per inspection).

(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 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 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Lawrence 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 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.

 

9.         APR7003 - Building - Below ground anchors - Information to be submitted with Section 68 Application under LGA 1993 and Section 138 Application under Roads Act 1993 - In the event that the excavation associated with the basement car park is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works. In this regard the following matters are noted for your attention and details must be submitted accordingly:

(a)   Cable anchors must be stressed released when the building extends above ground level to the satisfaction of Council.

(b)   The applicant must indemnify Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(c)    Documentary evidence of such insurance cover to the value of ten (10) million dollars must be submitted to Council prior to commencement of the excavation work.

(d)   The applicant must register a non-terminating bank guarantee in favour of Council. Non-terminating bank guarantee value = $1,000.00 per metre of street frontage property (for a combined street frontage of 31.7m for 66 and 68 Lawrence Street Peakhurst, the total bank guarantee value is $31,700.00). The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

(e)   In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors must be borne by the applicant.

 

10.       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.

 

11.       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.

 

12.       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.

 

13.       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. 

 

14.       CC2010 - Development Assessment - SEPP 65 Design Verification Statement - A certifying authority must not issue a Construction Certificate for residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development.

 

15.       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.

 

16.       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.

 

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

 

18.       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, all properties with a common boundary to the subject site at 66 and 68 Lawrence Street, Peakhurst prior to any excavation of site works.  The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc.  This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate.  Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

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

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

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

 

19.       CC7011 - Building - Slip Resistance- Commercial, Retail and Residential Developments - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

 

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) Privacy screens are to be provided to the balustrades of the first floor and second floor balconies located on the side and rear elevations of the proposed building. The privacy screens are to result in the balustrade being minimum 1.5m high and comprising of translucent glazing or louvres. If louvres are provided, they are to be fixed in a direction that does not allow downward viewing of adjoining developments. These design changes are to be incorporated into the plans submitted with 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.       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.

 

23.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 509610M dated 23 October 2013, approved with the Development Consent DA2013/0346, must be implemented on the plans lodged with the application for the Construction Certificate.

 

24.       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.

 

The basement water shall pump to the onsite detention facility thence all stormwater shall drain by gravity to the easement to drain water in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

25.       CC3004 - Development Engineering - Stormwater Drainage Plans - 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.

 

26.       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

 

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

(a) Council street tree - retain one (1) Brush Box located on Council nature strip

(b) One (1) x Melaleuca on the eastern boundary

 

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.

 

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.       CC6005 - Engineering - Traffic Management - Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

(a)     construction vehicle routes;

(b)     anticipated number of trucks per day;

(c)      hours of construction;

(d)     access arrangements; and

(e)     proposed traffic measures to minimise impacts of construction vehicles, and

must be submitted to the satisfaction of Council’s Engineers prior to the issue of the Construction Certificate.  Council’s Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

 

30.       CC6003 - Engineering - Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a qualified and practising structural engineer must detail how Council’s property shall be supported at all times. 

 

Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, shall be included on the plans.  Where the shoring cannot be removed, the plans must detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building shall be filled with a 5Mpa lean concrete mix.

 

31.       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.

 

32.       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

 

33.       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.

 

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 Waste Storage Area shall be located and constructed in accordance with the submitted Ground Floor Plan with unrestricted access to it from the Lawrence Street frontage.

 

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.

 

34.       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.

 

35.       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

 

36.       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.

 

37.       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 and adjoining land must be submitted to the satisfaction of Council’s Building Control Department.

 

38.       PREC6002 - Engineering - Dilapidation Report on Public Land - Major Development Only - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared on Council infrastructure adjoining the development site.

 

The Dilapidation Report must be prepared by a qualified structural engineer.  The report must be provided to the Principal Certifying Authority and a copy provided to the Council. 

 

The report must include the following:

(a)     Photographs showing the existing condition of the road pavement fronting the site,

(b)     Photographs showing the existing condition of the kerb and gutter fronting the site,

(c)      Photographs showing the existing condition of the footpath pavement fronting the site,

(d)     Photographs showing the existing condition of any retaining walls within the footway or road, and

(e)     Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f)       The full name and signature of the structural engineer.

 

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

 

Council will use this report to determine whether or not to refund the damage deposit after the completion of works.

 

39.       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.

 

40.       CON3001 - Development Engineering - Physical connection of stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's  kerb in Gover Street

 

41.       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.

 

42.       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.

 

43.       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).

 

44.       CON6001 - Engineering - Cost of work to be borne by the applicant - The applicant shall bear the cost of all works associated with the construction of the development that occurs on Council property. Care must be taken to protect Council's roads, including the made footway, kerbs, etc, and, where plant and vehicles enter the site, the footway shall be protected against damage by deep-sectioned timber members laid crosswise, held together by hoop iron straps and chamfered at their ends. This construction shall be maintained in a state of good repair and condition throughout the course of construction.

 

45.       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.

 

46.       CON7001 - Building - Structural Engineer’s Certification during construction - The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of construction or prior issue of the Occupation Certificate.

 

47.       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.

 

48.       OCC2008 - Development Assessment - SEPP 65 Design Verification Statement - A certifying authority must not issue an occupation certificate to authorise a person to commence occupation or use of residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development

 

49.       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.

 

50.       OCC2006 - Development Assessment - Post Construction Dilapidation report - Private Land - At the completion of the construction works, a suitably qualified person is to be engaged to prepare a post-construction dilapidation report.  This report is to ascertain whether the construction works associated with the subject development created any structural damage to the following adjoining premises:

(a)     All properties with a common boundary to the subject site at 66 and 68 Lawrence Street, Peakhurst.

 

The report is to be prepared at the expense of the beneficiary of the consent and submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate.  In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the PCA, must compare the post construction dilapidation report with the pre-construction dilapidation report required by conditions in this consent.

 

Evidence confirming that a copy of the post construction dilapidation report was delivered to the adjoining properties subject of the dilapidation report must be provided to the PCA prior to the issue of the Occupation Certificate.

 

51.       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.

 

52.       OCC7002 - Building - Slip Resistance    - Floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in wet rooms in any commercial/retail/residential units are to comply with the slip resistant requirements of AS1428.1 (general requirements for access/new building work) and AS1428.4 (tactile ground surface indicators) and AS2890.6 (off-street parking).  Materials must comply with testing requirements of AS/NZS4663:2002.

 

53.       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. 509610M dated 23 October 2013, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

 

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

 

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

 

56.       OCC6008 - Engineering - Dilapidation Report on Public Land for Major Development Only - Upon completion of works, a follow up dilapidation report must be prepared on Council infrastructure adjoining the development site.

 

The dilapidation report must be prepared by a qualified structural engineer.  The report must be provided to the Principal Certifying Authority and a copy provided to the Council.

 

The report must include the following:

(a)     Photographs showing the condition of the road pavement fronting the site,

(b)     Photographs showing the condition of the kerb and gutter fronting the site,

(c)      Photographs showing the condition of the footway including footpath pavement fronting the site

(d)     Photographs showing the condition of retaining walls within the footway or road, and

(e)     Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(f)       The full name and signature of the professional engineer.

 

The reports are to be supplied in both paper copy and electronic format in Word. Photographs are to be in colour, digital and date stamped.

 

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. Further, Council will use this report to determine whether or not to refund the damage deposit.

 

57.       OCC6005 - Engineering - Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:

(a)     Stormwater pipes, pits and connections to public stormwater systems within the road related area;

(b)     Driveways and vehicular crossings within the road related area;

(c)     Removal of redundant driveways and vehicular crossings;

(d)     New footpaths within the road related area;

(e)     Relocation of existing power/light pole

(f)      Relocation/provision of street signs

(g)     New or replacement street trees;

(h)     New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

(i)      New or reinstated kerb and guttering within the road related area; and

(j)      New or reinstated road surface pavement within the road.

 

Council’s Engineering Services Section must advise in writing that the works have been completed to their satisfaction prior to the issue of the Occupation Certificate. Further the damage deposit paid to Council will not be released until the works have been completed to Council’s satisfaction.

 

58.       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) - (one (1) space per one (1) or two (2) bedroom unit and two (2) spaces per three (3) or more bedroom unit, one (1) accessible car space per adaptable/accessible unit)

(b)   Residential visitors: Four (4)

(c)    Car wash bay: One (1) which can be a visitor’s space

 

59.       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 1.50 metre wide x 80mm thick concrete path for the full length of the frontage of the site in Lawrence 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.

 

60.       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.

 

61.       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.

           

62.       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.

 

63.       ONG7004 - BuildingNoise levels emitted from the mechanical exhaust system or any air conditioning unit must not exceed the background noise level when measured at any point on the boundary of the site.

 

64.       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.

 

65.       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.

 

66.       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.

 

67.       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.

 

68.       ADV3002 - Development Engineering - Existing sewer main - Council’s records show an existing sewer main running across the rear portion of the site. All Sydney Waters requirements shall be satisfied for the construction of the building

 

69.       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 ventilation for the car park exhaust system.

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

·      Fire resistance levels of all building elements including walls, floors, columns, roof, etc.

·      Fire compartmentation and separation.

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

·      Exit travel distances and discharge from fire stairs must demonstrate compliance with the BCA, in particular access to the southern most exit stairway from the basement car park area.

·      Sound transmission and insulation details.

·      Disabled access that complies with the BCA and with AS 1428.1:2009.

·      Certified alternative fire engineering reports where required.

 

70.       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.