Council MEETING

Notice of Meeting

Wednesday, 5 August 2015

Thursday, 30 July 2015

 

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, 5 August 2015 for consideration of the business available on Council's website at http://www.hurstville.nsw.gov.au/Agendas-and-Minutes.

 

Mr L O’Connor

Acting 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 Questions with Notice

12. Committee of the Whole (Closed Council Meeting)

13. Open Council

14. Consideration of Committee of the Whole Recommendations

 

The Quorum for the meeting is 6

 


Council Meeting

Summary of Items

Wednesday, 05 August 2015

 

Previous Minutes

MINUTES: Council Meeting - 15 July 2015

Council Reports

CCL789-15       Minutes to the PIN Review Committee - 30 June 2015 (15/42)

(Report by Manager Environmental Services, Ms F Stock).................................... 2

CCL790-15       12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan (MOD2015/0043)

(Report by Independant Assessment, Consultant Planner).................................. 4

CCL791-15       115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot (DA2015/0016)

(Report by Development Assessment Officer, Mr M Raymundo)........................ 39

CCL826-15       33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear (DA2014/1187)

(Report by Assistant Town Planner, Mr A Zhou).................................................... 73

CCL793-15       61 Barry Ave Mortdale - Alterations and Additions to Existing Industrial Unit (DA2014/1117)

(Report by Development Assessment Officer, Mr M Raymundo)........................ 95

CCL794-15       119 Boundary Rd Peakhurst - Demolition and Construction of 3 Storey Warehouse and Showroom (DA2014/1061)

(Report by Senior Development Assessment Officer, Ms T Gizzi).................... 123

CCL795-15       39 - 41 Trafalgar St Peakhurst - Demolition and Construction of 3 Storey Residential Flat Building (DA2014/1147)

(Report by Development Assessment Officer, Mr P Nelson)............................. 148

CCL796-15       27 and 27A Austral St Penshurst - Demolition and Construction of Residential Flat Building (DA2014/1163)

(Report by Senior Development Assessment Officer, Ms P Bizimis)............... 198

CCL797-15       37 - 39 Macquarie Pl Mortdale - Construction of Residential Flat Building (DA2014/1183)

(Report by Senior Development Assessment Officer, Ms P Bizimis)............... 254

CCL798-15       45 - 49 Macquarie Pl Mortdale - Demolition and Construction of Residential Flat Building (DA2014/1170)

(Report by Senior Development Assessment Officer, Ms P Bizimis)............... 303

CCL799-15       8 Hampden St Beverly Hills - Demolition and Construction of Residential Flat Building (DA2014/0983)

(Report by Senior Development Assessment Officer, Ms P Bizimis)............... 361

CCL800-15       6 Vanessa St Beverly Hills - Demolition and Construction of Detached Dual Occupancy with Pools (DA2014/1173)

(Report by Senior Development Assessment Officer, Ms T Gizzi).................... 419

CCL801-15       53 Edgbaston Rd Beverly Hills - Demolition of Garage and Construction of Secondary Dwelling (DA2015/0051)

(Report by Assistant Town Planner, Mr A Zhou)................................................. 457

CCL802-15       75 Edgbaston Rd Beverly Hills - Demolition and Construction of Attached Dual Occupancy and Detached Rear Garage (DA2014/1025)

(Report by Development Assessment Officer, Mr P Nelson)............................. 479

CCL803-15       48 Henry Lawson Dr Peakhurst - Two Storey Dwelling with Attached Secondary Dwelling (DA2015/0040)

(Report by Acting Development Assessment Officer, Mr E Gescheit).............. 509

CCL804-15       5 George St Penshurst - Demolition and Construction of 2 Storey House with Secondary Dwelling (DA2015/0159)

(Report by Development Assessment Officer, Mr I Kokotovic).......................... 533

CCL805-15       32 Wellington Rd Hurstville - Demolition and Construction of 2 Storey Dwelling with Detached Secondary Dwelling (DA2015/0078)

(Report by Assistant Town Planner, Mr A Zhou)................................................. 562

CCL806-15       Unit 53 2 - 8 Bridge St Hurstville - Conversion of Office to Child Care Centre (DA2014/1108)

(Report by Development Assessment Officer, Mr M Raymundo)...................... 590

CCL807-15       Revised Planning Proposal Request and Offer to enter into a Planning Agreement - 108 112 and 124 Forest Rd and 1 - 3 Wright St Hurstville (14/1910)

(Report by Senior Strategic Planner, Ms H Singh).............................................. 620

CCL808-15       Planning Proposal - Amendments to Hurstville LEP 2012 - Non-Residential Floor Space Ratio and Active Street Frontage Controls in the B1 Neighbourhood Centre and B2 Local Centre Zones. (15/561)

(Report by Strategic Planner, Ms L McMahon)..................................................... 624

CCL809-15       Preliminary Investment Register as at 30 June 2015 (14/1113)

(Report by Financial Accountant and Risk Management, Ms R Matienga).... 634

CCL810-15       2015 NSW Government Community Building Partnership Funds (15/928)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)....................... 636

CCL811-15       Allocation of 2015-2016 Road Resheeting Program (15/963)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)....................... 638

CCL812-15       Concessional Rental Request - Sunny Performing Arts (15/293)

(Report by Manager Library Museum and Entertainment, Ms R Schulz)........ 640

CCL813-15       Concessional Rental Request - St George Migrant Resource Centre (15/293)

(Report by Manager Library Museum and Entertainment, Ms R Schulz)........ 642

CCL814-15       Regional Illegal Dumping - RID - Squad (15/9)

(Report by Manager Environmental Services, Ms F Stock)................................ 644

CCL815-15       Invitation to The Rotary Club of St George Next Gen Launch (15/155)

(Report by Governance Officer, Ms S Camilleri).................................................. 688

CCL816-15       Request to Host 2 Matches - Cricket Australia 2015 Womens National Cricket League - Hurstville Oval (15/822)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)....................... 691

CCL817-15       Request for Support - Public Rally to Oppose Forced Council Mergers (14/1483)

(Report by Manager Corporate Governance, Mrs K Garske)............................. 692

CCL818-15       Request For Feasibility of Establishing a Friendship City Relationship with Nanchong City  (15/178)

(Report by Acting Manager Public Relations & Events, Ms A Gregory-Desmond)...................................................................................................................................... 695

CCL819-15       Feasibility Study - Regional Athletics Facility (15/942)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)....................... 697

CCL820-15       Ward Councillor Report - Request to Remove Council Street Tree - 50 Cambridge St Penshurst (14/535)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)....................... 699

CCL821-15       Ward Councillor Report - Request to Remove Private Tree - 60 Illawarra Parade, Beverly Hills (14/535)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)....................... 700

CCL822-15       Voting Delegates - LGNSW Annual Conference 2015 (15/155)

(Report by Manager Corporate Governance, Mrs K Garske)............................. 701

CCL823-15       Credit Cards and Reimbursements (15/543)

(Report by Manager Corporate Governance, Mrs K Garske)............................. 702

CCL824-15       Resignation of Councillor J Jacovou (15/932)

(Report by Manager Corporate Governance, Mrs K Garske)............................. 705

CCL825-15       Return of Thanks (15/155)

(Report by Executive Assistant to the General Manager, Ms J Attard)............. 708

Notices of Motion

NM065-15          Rescission Motion - Proposed Dog-Off Leash areas in Hurstville Local Government Area (15/155)

(Report by Deputy Mayor, Councillor, M Stevens)............................................... 710

Questions with Notice

QN012-15          Question with Notice - 6 Regan St Hurstville (15/155)

(Report by His Worship the Mayor, Councillor, C Hindi).................................... 711

QN013-15          Response to Questions taken on Notice - 25 May 2015 (15/155)

(Report by Councillor, B Thomas).......................................................................... 712  

Committee of the Whole (Closed Council Meeting)

COW095-15      Rescission Motion - Legal Advice Expense (12/2129)

(Report by Councillor, B Thomas)

COW096-15      Legal Advice - Liquidation of Keystone Projects Pty Ltd (15/941)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

COW097-15      Tender - Provision of Property Management Services (T15/001)

(Report by Property Portfolio Manager, Mr B Morabito)

COW098-15      Property Matter - Drainage Reserve at Heber St Hurstville (15/816)

(Report by Property Portfolio Manager, Mr B Morabito)

COW099-15      Property Matter - New Lease of Office Suite - 34 MacMahon Street Hurstville (13/149)

(Report by Property Portfolio Manager, Mr B Morabito)

COW100-15      Code of Conduct - Cr C Hindi - 2998 (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

COW101-15      Code of Conduct - Cr C Hindi - 3019 (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

COW102-15      Legal Right for Council to Suspend Access to Computer System (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

COW103-15      Tender for Provision of Legal Services (12/2129)

(Report by Corporate Lawyer, Ms J Ware)  

 


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

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 - 15 July 2015


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

9.      Council Reports

CCL789-15        Minutes to the PIN Review Committee - 30 June 2015 

Report Author/s

Manager Environmental Services, Ms F Stock

File

15/42

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

Interested Parties

As listed

Company Extract included

Not required

 

EXECUTIVE SUMMARY

This report is presented to Council to endorse the recommendations of the PIN Review Committee (Meeting 04/15) held Tuesday 30 June 2015.

 

AUTHOR RECOMMENDATION

THAT Council endorse the recommendations of the PIN review Committee held on the 30 June 2015.

 

REPORT DETAIL

Meeting 04/15 of Council’s PIN Review Committee was held on Tuesday 30 June 2015.  There were a total of 26 representations reviewed by the Committee which are summarised below.

 

REVIEW NO.

PIN NO.

APPELLANT

DECISION OF COMMITTEE

67/15

3132752206

Mr D Willis

PIN to be withdrawn

68/15

3132763215

Ms L Liao

PIN to stand

69/15

3132760795

Ms N Wang

PIN to be withdrawn

70/15

3132726558

Mr D Houand

PIN to be replaced with a warning

71/15

3132762390

Mr J Xu

PIN to be replaced with a warning

72/15

3132761262

Ms T Riding

PIN to stand

73/15

3132754754

Ms A Liddell

PIN to be replaced with a warning

74/15

3132748814

Mr S Moorjani

PIN to stand

75/15

3132761271

 Ms L Harris

PIN to stand

76/15

3132752490

Ms C Boyle

PIN to be withdrawn

77/15

3132755661

X Yang

PIN to stand

78/15

3132760052

Ms P Blackman

PIN to stand

79/15

3132755203

Ms I Saffo

PIN to stand

80/15

3132748365

Mr R Nakarmi

PIN to be replaced with a warning

81/15

3132755075

Ms M Matheos

PIN to stand

82/15

3132753975

Mr R Orr

PIN to be replaced with a warning

83/15

3132727566

Mr B Lama

PIN to be replaced with a warning

84/15

3132742719

Mr Y Truong

PIN to stand

85/15

3132750098

Ms C Prowse

PIN to stand

86/15

3132749584

Mr J Verteouris

PIN to stand

87/15

3132751234

Mr E Prowse

PIN to stand

88/15

33132741581

Ms G Liu

PIN to stand

89/15

3132743323

Ms F Franich

PIN to stand

90/15

3132740097

Ms G Pularinos

PIN to stand

91/15

3132743058

Ms C Hanley

PIN to stand

92/15

3132748520

Mr J Rhee

PIN to be replaced with a warning

 

 


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL790-15        12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan 

Applicant

Barrelle Guirguis Architects Pty Ltd

Proposal

Section 96 modification to approved mixed use building by a slab penetation to accommodate mechanical ventilation duct, aluminium louvre enclosure to screen rooftop duct and fan

Owners

Wa To Nin Pty Ltd

Report Author/s

Independant Assessment, Consultant Planner

File

MOD2015/0043

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone B1 - Neighbourhood Centre

Existing Development

Two storey building with two shops on ground floor and two x two bedroom units on first floor, plus strata subdivision

Cost of Development

$49,000

Reason for Referral to Council

Probity and public transparency, and works contrary to development consent

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, Development Control Plan No 1 – LGA Wide

Hurstville Local Environment Plan Interpretation of Use

Restaurant or cafe

 

EXECUTIVE SUMMARY

1.         The Section 96(1A) modification seeks to modify development consent 12/DA-63 for demolition of existing building, construct two (2) storey building with two (2) shops on ground floor and two (2) x two (2) bedroom units on first floor, plus strata subdivision on land known as 12 Park Street Peakhurst. The building is already constructed.

2.         On 18 February 2015 a report was considered by Council setting out unauthorised development on the site for an external exhaust duct for a café. It was resolved that an Order 2(a) under the Environmental Planning and Assessment Act 1979 for removal of the café exhaust duct be served and a Penalty Infringement Notice be issued to the business owner upon satisfactory completion of the works.

3.         The plans do not comply with the building height development standard of the Hurstville Local Environmental Plan 2012, although the exceedance is of 500mm over an area of 1.65sqm.

4.         The application was notified to twenty two (22) neighbouring owners, residents and business operators and no submissions were received in response.

5.         The application was assessed by independent planner, Ros Read of Urban Perspectives.

6.         The application was deferred at the Council meeting of 15 July 2015 for further information.  No further information was received, and the application is referred back to Council for determination.

 

AUTHOR RECOMMENDATION

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

 

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

 

FURTHER THAT a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The Section 96(1A) modification application seeks to modify the approved plans for a two (2) storey building with two (2) shops on the ground floor and two (2) x two (2) bedroom units on the second floor, plus strata subdivision by making provision for:

·    a slab penetration to accommodate a mechanical ventilation duct, and

·    aluminium louvre enclosure to screen the rooftop duct and fan.

 

The building is fully constructed and occupied. A duct has been constructed on the southern elevation which extends on the outside of the building, through the awning to the roof, contrary to approved plans. The modification is intended to replace those illegally constructed works.

 

HISTORY 

1 Aug 12                    12/DA-63 - The construction of the building – approved.

19 Mar 14                  MOD2013/0077 approved to provide additional tenancy and residential floor space.

25 Aug 14                  DA2014/0926 Fit-out and use of shop 1 as a café - approved. Although the Statement of Environmental Effects described the external duct on the southern façade, this was not shown in the approved plans.

18/19 Dec 14            Council released the strata subdivision plans as approved.

18 Feb 15                  Council resolved that an Order be issued for the removal of the existing external duct work.

8 Apr 15                     MOD2015/0043 Current Section 96(1A) modification was lodged.

15 Apr 15                   A question was raised in Council as to whether development consent could be revoked where there was non-compliance with conditions.

29 Apr 15                   Strata Plan 88325 registered.

6 May 15                    A report was considered in Council meeting indicating that there is no legal manner in which to revoke a development consent in the circumstances of non-compliance with conditions. That information was received and noted.

27 May 15                  Request for further details made to the Applicant.

10 Jun 15                  Response to request for further information provided and lodged with Council together with amended plans and an amended certificate of design for mechanical services from Grosvenor Engineering Group dated 9 June 2015.

17 Jun 15                  Request for clarification of plans and heights made.

19 Jun 15                  Amended plans provided.

15 Jul 15                    Application deferred at Council meeting for further information.

 

DESCRIPTION OF THE SITE AND LOCALITY

The site legally described as Lot 1 in Strata Plan 88325 although at the time of lodgement it was comprised in Lot A DP408478. The whole strata plan generally forms a triangular shaped allotment on the north east corner of Park Street and Forest Road Peakhurst with a frontage of 18.92m to Park Street to the south and 22.27m to Forest Road to the north west. Existing on the site is a two (2) storey development with three (3) commercial units at ground level and two (2) residential dwellings on the first floor.

 

Adjoining the site to the north east is a residence and to the east are single storey shops. On the opposite side of Forest Road are detached dwellings and opposite on Park Street are single storey commercial premises. The area is generally neighbourhood shops bordering low density residential in character.

 

The site was visited on 11 May 2015.

 

COMPLIANCE AND ASSESSMENT

The proposal has been lodged under the Section 96 of the Act and has been assessed against the following matters for consideration under this section of the Act.

96 Modification of consents—generally

(1A)  Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)       it is satisfied that the proposed modification is of minimal environmental impact, and

 

Comment: The proposal is considered to be of minimal environmental impact. Although the duct and exhaust and screening will exceed the height limit it is of a minimal size and has been screened to reduce the visual impact. Noise conditions can require the noise from the exhaust to be limited so as not to create an unreasonable environmental impact.

 

(b)       it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

 

Comment: It is considered this Section 96 modification is substantially the same development as the development approved in the consent to which it relates as the development remains a mixed use building with two (2) residences on the first floor and commercial premises at ground level.

 

(c) it has notified the application in accordance with:

(i)    the regulations, if the regulations so require, or

(ii)   a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

Comment: The application was notified in accordance with the relevant Section 2.2 of Council’s Development Control Plan No 1 – LGA Wide. No submissions were received in relation to the proposed development.

 

(d)       it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Comment: Not relevant.

 

In summary, the proposed Section 96 modification satisfies all relevant matters for consideration under this section of the Act. 

 

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

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The land is zoned B1 - Neighbourhood Centre and restaurants and cafes are a permissible use in the zone.  The proposal meets the zone objectives.

 

The only relevant development standard is the height of buildings under clause 4.3 which sets a maximum height of nine (9) metres. The revised plan DA02 J indicates on the south west and north west elevations that the existing parapet height at RL50500 is 9m above existing ground level. The revised plans show the duct work will be at RL50525 (8.8m above ground level at RL41700), the reduced duct work screen will be at RL50600 (8.85m). These are within the Hurstville Local Environmental Plan height limit.

 

The amended plans DA02 J indicate that the top of the exhaust screen will be at RL51200 (9.5m above ground level), with an exceedance of 500mm. The approximate area of exceedance is shown on plan DA04 C as 1360mm x 1210mm – being 1.65sqm. This is a small area.

 

HLEP Clause

Standard

Proposed

Complies

4.3

Building Height limit of 9m

The originally lodged plans indicated about 0.80m above the height limit for the screening and exhaust, however the amended plans have reduced the exceedance to 0.50m and over a significantly smaller area of 1.65sqm.

No

 

The objectives of the clause include:

(a)       to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b)       to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

 

Under the modifications the building will remain a two (2) storey building. There are two (2) storeyed dwellings opposite on Forest Road. The screening area has been reduced to minimise the bulk of the exceedance whilst minimising the view impact to Forest Road and the dwellings opposite. No loss of solar access or privacy will result.

 

No clause 4.6 exception was provided with the application to justify the exceedance, but neither is one required for a Section 96 Modification application.

 

The proposed variation is supported for the following reasons:

·    The area of height exceedance is small at 1.65sqm with a height exceedance of 500mm.

·    The exceedance and services are adequately screened on all sides.

·    The proposed reduced screen height and area for the exhaust and ducting does not result in any unacceptable view impacts due to the placement set back into the middle of the building roof at 5.44m behind the north western building line which will make it less visible from the street.

 

2.      Draft Environmental Planning Instruments

No draft Environmental Planning Instruments affects 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:

 

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

 

Fire controls are already included in the conditions of consent and will continue to apply to the modified development. These include:

·    Prior to the Construction Certificate:

o Condition 20 Fire Safety Measures

o Condition 39 Essential Fire Safety Measures

·    Before Occupation

o Condition 84 and 86 Fire safety certificate before occupation or use

·    After Occupation/Ongoing conditions

o Condition 94 Annual Fire Safety Statement

 

3.      Development Control Plans

 

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE

As the proposed modifications relate to the existing shop on the ground floor the development remains generally consistent with the provisions of Development Control Plan No 1 – LGA Wide as detailed in the report for the assessment of the original Development Application 12/DA-63.

 

There are no relevant provisions to the proposed modification in Development Control Plan No 1 – LGA Wide; however there are provisions in Section 8.4.8.8 and Section 8.4.10 of Development Control Plan No 2 – Hurstville City Centre which are instructive. Section 8.4.8.8 requires kitchen exhausts to be installed in all commercial kitchens with the exhaust hood complying with AS/NZS 1668.1 and AS 1668.2.  Section 8.4.10 sets out fire suppression systems required for restaurants and commercial/retail kitchens to protect from the spread of fire. It indicates that a fire suppression system would likely be required by the café, which will form part of the building’s Fire Safety Measures and be included in the premises Fire Safety Statement. Conditions requiring compliance with these matters are already included in the consent.

 

4.      Impacts

 

Natural Environment

The proposed Section 96 works are not considered to generate any unacceptable natural environment impacts, subject to conditions of consent.  

 

Built Environment

Although the ducting, exhaust and screening will breach the height limit set out in the Hurstville Local Environmental Plan 2012, the extent of the breach is relatively small, being 500mm above the height for a 1.65sqm area. That exceedance is approximately in the middle of the building, hence in the least visible area from the streetscape. The aluminium louvres will shield the duct work and exhaust from view from the streets and from the Forest Road residences.

 

It is unlikely to create any overshadowing concerns, given that the adjacent residence is to the north east of the proposed works. The proposed works are not considered to generate any unacceptable material built environment impacts subject to conditions of consent.

 

The applicant has provided a certificate of structural adequacy from Soliman Hanna and Associates indicating that the proposed penetration through the existing concrete slab will not compromise the structural adequacy of the slab.

 

The duct is proposed to be constructed through common property and over Lot 4’s balcony. The strata corporation and owner of Lot 4 and Lot 1 (on which the café operates) have agreed to pass an exclusive use by-law to take into account the construction, maintenance, repair and compliance of the duct and exhaust. It is recommended that exclusive use by-law be passed and registered if the modification is approved.

 

The amended plan DA02 J includes the removal of the existing non-compliant duct from the south elevation and make good to the façade and awning.

         

Social Impact

The proposed Section 96 works are not considered to generate any unacceptable material social impacts.

         

Economic Impact

The proposed Section 96 works are not considered to generate any unacceptable material economic impacts.

         

Suitability of the Site

The proposed Section 96 works are considered to be suitable for the site. The proposal will remove an unauthorised and unsightly exhaust and duct system from the southern façade of the building. The proposal does not comply with the height limit set out in the Hurstville Local Environmental Plan 2012 but this is to be screened from view and the size has been reduced to a minimum. It is considered not to result in any unreasonable material impact to the immediate vicinity or beyond. 

 

Unauthorised Works

Unauthorised works comprising ducting and an exhaust system from the southern façade of the café to the roof on the outside of the building have been erected. The proposed modification will enable these works to be removed, whilst retaining the café exhaust system in working order. The plans DA02 J include that the existing non-compliant duct and roof, façade and awning should be made good.

 

The following comments were received from Council’s Manager Building Control:

At the meeting of Council 18 February 2015 it was resolved:

THAT the intended Order 2(a) under the Environmental Planning & Assessment Act 1979 for the removal of the cafe exhaust duct be served.

 

FURTHER THAT upon satisfactory completion of the works, a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).

 

Council then served an Order for the removal of the exhaust stack and in response received a sec96 modification application to the base building application for the exhaust stack to be relocated to the Forest Road elevation. The Order served is being held in abeyance pending the determination of the sec96 modification application.

In the event the application is supported it is recommended that:

·    A construction certificate be obtained and works be carried out within a reasonable time (60 Days) or

·    Council serve a Modified Order under the EP&A Act to have works carried out in accordance with the sec96 modification approval including conditions, appropriate technical design and certification.

Further that upon satisfactory completion of the works, a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).”

 

It is recommended that the matter be referred to the Manager Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

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

 

Council Referrals 

 

Senior Environmental Health and Building Surveyor

The application was referred to Council’s Senior Environmental Health and Building Surveyor who commented:

·    The reviewed Mechanical Plan and Engineers Report were examined pursuant to the Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia and found not to be inconsistent with the original DA subject to the original comments and conditions.

·    The Environmental Health Officer must comment on the proposed use and associated environmental issues such as noise.

·    The completed mechanical exhaust installation should be inspected and certified by an accredited building surveyor or qualified engineer as compliant with the Building Code of Australia and Australian Standards highlighted in the report by Grosvenor Engineering Group dated 20 April 2015.

·    Remediation works are necessary to the existing façade after removal of the non-compliant ducting.

 

Environmental Health Officer

The application was referred to Council’s Environmental Health Officer who recommended noise certificates and reports prior to Construction Certificate, and Occupation Certificate and within three (3) months to ensure compliance with noise controls.

 

External Referrals  

None

 

6.      CONCLUSION

The Section 96(1A) proposal has been considered on its merits and is considered to be acceptable for the reasons contained within this report. The proposal is considered to be reasonable given that the objectives of the controls have been satisfied, and noise controls have been incorporated within the conditions of consent. The unauthorised works are indicated on the plans to be removed and remediation made to the building.

 

DETERMINATION

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 12/DA-63 granted on 31 July 2012 for the demolition of existing building – construct two storey building with two shops on ground floor and two x two bedroom units on first floor, plus strata subdivision on Lot A DP 408478 and known as 12 Park Street Peakhurst is amended in the following manner:

 

1.   OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This modification to original Development Consent No. 12/DA-63 endorsed 31 July 2012 is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

 

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

 

Plan Number

Plan Date

Description

Prepared By

M808-M01

20.04.2015

Mechanical Ventilation – Revised route for kitchen exhaust hood ductwork

Grosvenor Engineering Group

 

09.06.15

Certificate of Design for Mechanical Services

Grosvenor Engineering Group

DA02 Rev J

18/06/15

Elevations & Section

BG Architects

DA04 Rev C

18/06/15

Roof Plan & 3D View

BG Architects

 

 

 

 

DA01

01/30/13

Floor Plans

Barrelle Guirguis Architects

DA00 Rev A

3 Jan 12

Floor Plans

BG Architects

DA01 Rev A

3 Jan 12

Site and Site Analysis Plan

BG Architects

DA02 Rev A

3 Jan 12

Elevations

BG Architects

DA05 Rev A

3 Jan 12

Strata Subdivision

BG Architects

 

22 Feb 12

Arborist Report

Jacksons Nature Works

415985S

1 Mar 12

BASIX Certificate

BG Architects

 

(This condition is amended as part of MOD2015/0043 (12/DA-63))

 

3.   The proposal must comply with the provisions of the Building Code of Australia.  However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

 

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

 

5.   OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98E of the Environmental Planning and Assessment Amendment Regulation 2000.

 

Erection of Signs

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

(a)       showing the name, address and telephone number of the principal certifying authority for the work

(b)       showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours

(c)       stating that unauthorised entry to the work site is prohibited

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

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

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

 

6.   HOl - Hoardings

(a)       A separate Development Consent for the erection of an A class (fence type) or B class (overhead type) hoarding along the street frontage(s) complying with WorkCover requirements must be obtained;

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

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

 

7.   MI130.1 - Slip Resistance - 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.

                        Note:     SAA/SNZ Handbook 197:1999 - An Introduction Guide to the Slip Resistance of Pedestrian Surface Materials may assist in the use of AS/NZS 4586:2004.

 

To Obtain a Construction Certificate

8.   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

Fee Type

Amount

Receipt Date

Receipt No

Development Application Fee

X

DA1

$1,715.00

2 Mar 12

363147

Plan First Fee

X

AP35

$505.60

2 Mar 12

363147

Notification Fee

X

AP12

$213.21

2 Mar 12

363147

Imaging Fee

X

AP165

$165.83

2 Mar 12

363147

DA Advertising Fee

X

 

$1,105.00

2 Mar 12

363147

Long Service Levy

 

AP34

$2,765.00

 

 

Builders Damage Deposit

 

BON2

$3,750.00

 

 

Inspection Fee for Refund of Damage Deposit

 

DA6

$130.00

 

 

Subdivision Application  Fee

X

 

$590.00

2 Mar 12

363147

Subdivision Certificate Fee

 

 

$650.00

 

 

S94 - Open Space & Community Recreation

 

CONT9

$12,918.00

 

 

S94 - Community Services & Facilities

 

CONT3

$6,820.00

 

 

S94 - Drainage Services - Georges River

 

CONT5

$844.97

 

 

S94 - Management

 

CONT8

$503.00

 

 

S94 - Library Infrastructure

 

CONT7

$3,482.00

 

 

S94 - Library Bookstock

 

CONT4

$19.60

 

 

 

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

 

PCA Services Fee

 

DA6

$3,104.16

 

 

Construction Certificate Application Fee

 

CC1

$2,065.45

 

 

Construction Certificate Imaging Fee

 

AP165

$172.00

 

 

 

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

 

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

 

10. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority.  Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application.  To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

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

(a)            Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development:  $3,750.00.

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

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

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

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

 

12. S942 - Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for open space and community recreation facilities.

 

The contribution relates to Plan no. 2 and is based on the criteria that any development which results in a nett increase in the City's population will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

 

The total open space and community recreation facilities contribution required and payable before release of the Construction Certificate is $12,918.00.

 

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

 

       The contribution rate for Georges River Catchments is $2.76 per square metre of gross land area of the subject site.

 

       The total drainage services contribution required and payable before release of the Construction Certificate is $844.97.

 

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

 

       The total community services and facilities contribution required and payable before release of the Construction Certificate is $6,820.00.

 

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

 

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

 

       The total Section 94 Management contribution required and payable before release of the Construction Certificate is $503.00.

 

16. S946 - Library and Information Services - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for library and information services.

 

       The contribution is related to Plan no. 6 and is based on the premise that any development which results in a nett increase in the City's population will create extra demand on Council's library and information services provision. Furthermore, any such development will also generate an additional demand for the acquisition of library book stock.

 

       Contributions are also sought from retail/commercial development within the Hurstville Town Centre, as defined by the map in the Plan.

(a)   The contribution rate for residential development is $3,482.00.

(b)   The book stock acquisition contribution for residential development is $19.60.

 

The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $3,501.60.

 

17. S948 - Indexing of all Section 94 Contributions - All contributions payable pursuant to Section 94 conditions must be paid before issue of the Construction Certificate, and will be indexed quarterly in accordance with the Consumer Price Index - Sydney All Groups, published by the Australian Bureau of Statistics. You must contact Council prior to payment to determine whether the contribution(s) amount is varied from that indicated in the consent due to adjustments to the Consumer Price Index – Sydney All Groups, as published by the Australian Bureau of Statistics.  If you engage an accredited certifier payment(s) must be made before issue of the Construction Certificate. Failure to do so can result in problems including incorrect cheque preparation, return of payment, and delay in obtaining your Construction Certificate.

 

18. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:

(a)            What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.

(b)            The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.

(c)            The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.

(d)            How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.

(e)            The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.

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

 

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

     (a)     piers

     (b)     footings

     (c)     slabs

     (d)     columns

     (e)     structural steel

     (f)      reinforced building elements

     (g)     retaining walls

     (h)     stabilizing works

     (i)      structural framework

 

20. IN3 - Fire Safety Measures - 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.

 

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

 

22. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.

 

23. Alignment Levels - An application must be submitted to Council to obtain footpath alignment levels for the whole frontage/s of the site in Park Street and Forest Road together with vehicular crossing levels before designing internal accesses, driveways and car parking.  Evidence that the proposed internal accesses, driveway design complies with Council's issued levels and certification that AS/NZS2890.1-2004 has been adhered to shall be submitted with the Construction Certificate application.

 

24. Dilapidation Reports on the adjoining properties are to be undertaken. 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.

 

25. SM2 - 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.

 

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

 

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

 

28. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail.  Details to be submitted with the Construction Certificate application.

 

29. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builder’s site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

 

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

 

31. DR13 - All stormwater shall drain by gravity to Council's kerb and gutter.

 

32. FP3 - Trade Waste - A Trade Waste Agreement with Sydney Water must be obtained. If no trade waste agreement or grease trap is required, a letter from Sydney Water is to be submitted to Council to this effect. A copy of the Trade Waste Agreement or letter to Council shall be provided before the issue of the Construction Certificate.

 

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

 

34. PU11 - Water, Waste Water, Electricity, Gas and Telecommunications - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

 

35. WA10 - A detailed Waste Management Plan must be provided with the application for the Construction Certificate, indicating how waste generated from the end use is proposed to be managed.

 

36. WA9 - Arrangements must be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Principal Certifying Authority.

 

37. Access and sanitary facilities for persons with disabilities must be provided to the ground floor shop in accordance with the requirements of the Building Code of Australia, AS 1428.1 and the Disability Discrimination Act. Details must be submitted with the Construction Certificate Application.

 

38. Stormwater drainage plans prepared by a qualified practising hydraulic engineer, including details of drainage from the light well, must be submitted to the Principal Certifying Authority. Details must be submitted with the Construction Certificate application.

 

39. EF1 - Essential fire safety measures - A list of the Essential Fire Safety Measures that include existing and/or proposed measures is to be provided in relation to the land/building. The list must also specify the minimum standard of performance for each measure. The list shall accompany the application for a Construction Certificate.

 

40. A Report by a Registered Surveyor should accompany the application for the Construction Certificate to verify the positions of any proposed external walls in regards to the sites boundaries and Party Wall cross easements.

 

41. Prior to the issue of the Construction Certificate, a certificate of adequacy from a practicing structural engineer must be submitted to the Principal Certifying Authority certifying the adequacy and structural stability of the existing building/shop to support the additional super imposed loads of the proposal. The method of demolition and structural support of the existing shop walls and structure should also be detailed.

 

41A. CC4007 - Health - Acoustic Certification – Rooftop Mechanical Equipment - The Construction Certificate plans must be accompanied by a certificate from a professional acoustic engineer certifying that noise from the operation of mechanical plant and equipment will not give rise to offensive noise as defined under the provision of the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority. If sound attenuation is required, this must be detailed on the plans lodged with the Construction Certificate.

 

(This condition is added as part of MOD2015/0043 (12/DA-63))

 

Before Commencing the Development

42. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until;

(a)       a construction certificate for the building work has been issued by:

(i)        the consent authority; or

(ii)       an accredited certifier; and

(b)       the person having the benefit of the development consent has appointed a principal certifying authority for the building work; and

(c)       the principal certifying authority has, no later than 2 days before building work commences:

(i)        notified Council of his or her appointment;

(ii)       notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are required to be carried out in respect of the building work; and

(d)       the person having the benefit of the development consent has:

(i)         appointed a principal contractor for the building work who must be the holder of a contractor license for the residential building work involved;

(ii)        notified the principal certifying authority of any such appointment, and

(iii)       unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and

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

 

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

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

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

 

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

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

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

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

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

 

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

 

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

 

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

 

The Notice of requirements must be submitted prior to the commencement of works.

 

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

 

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

·    Quick Check agents details - see Building and Developing then Quick Check; and

·    Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building and Developing then Building and Renovating.

or telephone 13 20 92.

 

47. MI129 - Dilapidation Report - A Dilapidation Report on the adjoining properties detailing the existing condition of any existing walls, paths and fences, with photographs must be submitted to the Principal Certifying Authority before the commencement of work.

 

48. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

49. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

 

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

 

51. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

(a)            compliance with the approved Soil and Water Management Plan

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

(c)            all uncontaminated run-off is diverted around cleared or disturbed areas

(d)            silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways

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

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

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

(h)            all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters

(i)             pumped or overland flows of water are discharged so as not to cause, permit or allow erosion

(j)              compliance with the Do it Right on Site brochure requirements publicized by SSROC

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

 

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

 

53. ST2 - Engineer's certificate - A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted before the commencement of work.

 

54. The 'No Stopping' sign in Forest Road shall be relocated with the consent and requirements of Council’s Traffic Manager, if necessary, for the construction of the proposed vehicle crossing.

 

55. Prior to demolition the existing building, a dilapidation report and a structural engineers certificate prepared by a  qualified and practising structural engineer must be submitted detailing and certifying the structural adequacy of the existing immediate adjoining building at 8 Park Road Peakhurst. All recommendations of the engineer must be implemented and are taken to form part of the Development Consent.   

 

56. Prior to the commencement of work above ground level a ‘B’ and or ‘C’ Class hoarding, 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 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 and be accompanied by:

a)   Detailed plans of the hoarding that are certified by an appropriately qualified engineer; and

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

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

 

During the Development

57. IN3 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the principal certifying authority and the undermentioned inspections:

(a)       All structural inspections,

(b)       All inspections necessary to determine that the appropriate conditions attached to this consent have been complied with, and

(c)       All inspections necessary to determine that the requirements of the Building Code of Australia are being met.

 

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

 

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

 

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

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

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

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

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

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

(f)         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.

 

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

 

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

 

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

 

60. MI130.2 - Slip Resistance - Details relating to the type of pedestrian surface materials to be used in areas such as the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units, the location of each type of surface material, the slip resistance  classifications of those materials as determined through test methods using wet or dry conditions, and verification by way of, for example, copies of test reports issued by the CSIRO, that the pedestrian surface materials comply with AS/NZS 4586:2004 must be submitted to either Council or accredited certifier before installation of such materials.

 

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

 

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

 

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

 

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

 

65. MI25 - Balcony Drainage - The floors of the balconies must be graded and drained to a grated inlet and connected to the stormwater drainage system.

 

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

 

67. MI17 - A separate Development Consent shall be obtained for the first commercial / retail / office use of each occupancy.

 

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

(a)       window signs should be on the inside of the glass and must not cover more than one half of the window

(b)       if a language other than English is used on the sign, there must be an accurate English translation in lettering of at least the same size

(c)       signs should look professional (not handwritten) and must be securely fastened

(d)       signs, posters or notices must not be glued to any part of the exterior of the building

 

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

 

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

 

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

 

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

 

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

 

74. PV1 - Linemarking and Numbering - All car parking spaces are to be sealed, graded, drained, clearly linemarked, and numbered.

 

75. PN4 - Offensive Noise Generally - The use of the premises, building services, equipment, machinery and ancillary fittings must not give rise to offensive noise as defined under the Dictionary of the Protection of the Environment Operations Act 1997.

 

76. Noise levels emitted from the mechanical exhaust system or any outdoor air conditioning unit must not exceed 5dB(A) above the background noise level when measured at any point on the boundary of the site.

 

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

 

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

 

79. DE5 - The footpath and roadway shall be kept clear of obstructions, building materials, and liquid or solid waste of any type whatsoever at all times. Severe fines apply for an offence and where Council makes repairs or provides temporary public safety measures. The cost of these works may be deducted from the damage deposit.

 

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

 

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

 

Before Occupation

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

 

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

 

       Prior to the issue of the occupation certificate the principal certifying authority for the building work to be carried out on the site must be satisfied that:

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

 

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

 

84. IN3 - Fire safety certificate before occupation or use - Prior to the issue of an occupation certificate the owner of the building must issue a final fire safety certificate and must cause a copy of that final fire safety certificate to be given to the principle certifying authority issuing the occupation certificate. The final fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates:

(a) has been assessed by a properly qualified person, and

(b) was found, when it was assessed, to be capable of performing to at least a standard required by the current fire safety schedule for the building for which the certificate is issued.

 

Note: The owner of the building:

(a) must cause a copy of the final fire safety certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and

(b) must cause a further copy of the final fire safety certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

 

85. MI130.3 - Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another.  The in-situ test must be carried out in accordance with AS/NZS 4663:2002. A Compliance Certificate must be submitted to either the Council or accredited certifier detailing the results of the slip resistance measurements and that the pedestrian floor surfaces comply with AS/NZS 4586:2004 before occupation.

 

86. EF2 - Fire safety certificate before occupation or use - Before issue of the Occupation Certificate, the owner must cause the Council to be given a fire safety certificate and must cause a copy of that fire safety certificate to be given to the principal certifying authority issuing the Occupation Certificate. The fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates.

 

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

 

88. PU3 - Sydney Water - Trade Waste Water - Trade waste water must be disposed of in accordance with the requirements of Sydney Water. For more details visit www.sydneywater.com.au or call 13 20 92. A copy of the trade waste water agreement must be provided to the Principal Certifying Authority before the issue of the Occupation Certificate.

 

89. BAI - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 415985S dated 1 March 2012, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

 

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

 

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

(a) (i) Infill the footpath areas between the existing kerb and the existing concrete footpath with a 80mm think concrete for the full frontage of the site in Forest Road.

(ii) Infill the footpath area between the new building wall and the existing concrete footpath with 80mm thick concrete for the full frontage of the site in Forest Road and Park Street

(b) Construct a 150mm thick concrete crossing reinforced with F72 fabric.

(c) Replace all redundant laybacks with kerb and guttering, and redundant concrete with grass.

 

Council will provide a quote for this work upon request.

or alternatively:

A private contractor may carry out above work subject to:

(a)       Council's conditions and specifications, including payment of asphalt infill repairs.

(b)       Payment of Council's administration fee listed in our Schedule of Fees and Charges

(c)        No stencilled or coloured concrete may be used outside the boundary of the property.

 

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

 

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

 

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

 

93A. OCC4006 - Health - Noise from Mechanical plant and equipment - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and / or refrigeration systems must not give rise to offensive noise as defined under the Protection of the Environment Operations Act 1997 (as amended) and must comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority.

 

A professional acoustic engineer shall be engaged to provide an acoustic report stating that the design and construction of all sound producing plants and equipment associated with the exhaust ventilation system complies with the above requirements.  The acoustic report shall be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

(This condition is added as part of MOD2015/0043 (12/DA-63))

 

93B. OCC2009 - Development Assessment – Demolition of unauthorised works - The unauthorised duct and exhaust system must be demolished and the roof, façade and awning made good prior to the issue of the Occupation Certificate.

 

(This condition is added as part of MOD2015/0043 (12/DA-63))

 

After Occupation/Ongoing Conditions

94. EF3 - Annual Fire Safety Statement - The owner of the building must issue an annual fire safety statement in respect of each essential fire safety measure in the building premises and cause a copy of that statement to be given to Council prior to or upon the due date for lodgement as required by Council.

 

The annual fire safety statement must be to the effect that:

(a)    in respect of each essential fire safety measure, such measure has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:

(i)         in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or

(ii)        in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and

(b)    the building has been inspected by a properly qualified person and was found when it was inspected to be in a condition that did not disclose any grounds for a prosecution under Part 9, Division 7 of the Environmental Planning and Assessment Regulation, 2000.

 

The owner of the building must also cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner and as well cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

 

95. MI130.4 - Slip Resistance - The pedestrian surface materials in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units must be maintained on a regular basis which must include, as part of the maintenance programme, inspections and testing of the floor surfaces which must be carried out in accordance with AS/NZS 4663:2004 - Slip Resistance Measurement of Existing Pedestrian Surfaces.

 

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

 

97. The building shall be constructed wholly within the boundaries of the subject property except where cross easements of support exist over the existing sections of Party Wall.\

 

98. PV9 - General Signage - The owner of the property must maintain the car park, including all signs, line marking, and bay numbering, in accordance with AS 2890.1-1993 Australian Standard Parking facilities Part l: Off-street car parking.

 

99. PV14 - Prohibited Parking - Staff, company and visitors' vehicles must only be parked in the spaces provided on the subject premises and not on adjacent footpath or landscaped areas.

 

100.  PV16 - Obstruction of Parking and Manoeuvring Areas - Goods and/or waste or extraneous material must not be stored in the vehicular manoeuvring and parking areas. Those areas must be kept clear at all times for the manoeuvring of vehicles.

 

101.  WA4 - Handling of Waste - No bottle, can or garbage disposal shall take place between the hours of 10.00pm and 8.00am daily.

 

102.  WA5 - Service of trade waste bins must be carried out between 7.00am and 7.00pm. weekdays.

 

103.  WA8 - The premises must be maintained in a clean and tidy state at all times.

 

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

 

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

 

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

 

107.  ZC10 - The building exterior is to be maintained in a clean and neat manner, including the regular cleaning of windows.  Any such window cleaning is to be done in an water efficient manner, for example no hosing of the windows is permitted.

 

108.  ZC12 - The entrance to a shop or business must remain clear of obstructions to enable easy entrance/exit for customers, including those with a stroller, in a wheelchair or with visual impairment.

 

109.  ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.

 

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

 

110A.         ONG4002 - Health - Final Acoustic Report – Verification of Noise report - Within three (3) months from the issue of an occupation certificate, an acoustic assessment is to be carried out by an appropriately qualified person, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration. This report should include but not be limited to, details verifying that any noise control measures as recommended in the acoustic report provided as part of the occupation certificate are effective in attenuating noise to an acceptable noise level and that the use of the premises does not give rise to “offensive noise” as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

 

(This condition is added as part of MOD2015/0043 (12/DA-63))

 

111.  Waste Management: For the Residential portion of the building the following waste and recycling facilities will be required:

Domestic Waste:-  1  x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 1 x 240 litre MGB’s.

 

For the Commercial portion of the building appropriate waste and recycling containers and facilities will need to be provided for all specific end use businesses in accordance with the following waste generation rates:

a)   Retail Trading – shops, to 100 square metres  - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

b)   Restaurants and Food Shops – 0.3-0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals; and,

c)   Office – 0.01-0.03 cubic metres per 100 square metres of floor area per day.

 

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, appropriate for the number of units and intended uses of the building, and is to be located in an area of the building that can be adequately serviced by waste collection vehicles.

 

The location of the proposed Waste Storage Area as shown on the submitted plan is on the Ground Floor Level of the building, and as 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. This should be a Condition of any approval.

 

Subdivision Conditions

112.  SU50 - Three (3) copies of the final Strata Title survey plans prepared by a Registered Surveyor shall be submitted, together with the original administration sheet(s), plus one (1) copy and any relevant 88B instrument plus one (1) copy

 

113.  SU51 - The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No.12/DA-63.

 

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site before the release of the linen plan of subdivision

 

114.  SU72 - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

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

 

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

 

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

 

115.  SU53 - Metal screw-on numbers to the front door of each occupancy shall be installed in accordance with the strata plan lot numbering.

 

116.  SU54 - Separate letterboxes, for each unit and the owner's corporation, shall be erected and metal rivet-on type numbers shall be installed to each letterbox.

 

117.  SU55 - The street number 12 is to be displayed in a prominent location in the front of the site.

 

118.  Garage Numbering - Permanent type numbers shall be affixed to the doors of each basement garage in accordance with the unit numbering prior to the issue of the Strata Certificate.

 

119.  SU66 - Payment shall be made to Council of all outstanding fees listed in the accompanying fee schedule before the release of the linen plan of subdivision.

 

120.  Allocation of Car Parking Spaces, Storage Areas and Common Property on the Final Strata Plan

a)   No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building.

b)   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.

c)   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.

d)   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.

e)   Separate Utility Lots for individual car parking spaces shall only be created if these spaces are surplus to the minimum number of parking spaces required.

 

121.  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.

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.

 

122.  SU67 - An application for a Strata Certificate (for the endorsement and release of the final Strata plans) shall be lodged upon completion of all the above mentioned conditions. To obtain a Strata Certificate, you must complete an application form for a Strata Certificate, pay the appropriate fee and submit the form together with any relevant plans and documentation for approval. A Strata Certificate may be obtained from Council or an Accredited Certifier.

 

123.  SU56 - Metal numbers shall be affixed to the doors of each basement car space in accordance with the strata plan lot numbering and “Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces.

 

Advice to Applicant

124.  Consent Operation - This consent operates from the date the original consent was endorsed, ie 31 July 2012, except as qualified by Section 93 of the Act.

 

This development consent will lapse unless acted upon within five (5) years from the date of the original endorsement, except as qualified by Section 99 of the Environmental Planning and Assessment Act 1979.

 

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

(a)       Apply for a Review of a Determination under Section 96AB of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within twenty-eight (28) days from the date of this Notice of Determination and be accompanied by the relevant fee in accordance with Environmental Planning and Assessment Regulations 2000 Clause 123I.  You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.

            OR

(b)       Appeal to the Land and Environment Court within six (6) months after the date on which you receive this Notice of Determination, under Section 97AA of the Environmental Planning and Assessment Act 1979.

 

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

   (a)     street/house number and street name

   (b)     side of the street

   (c)     name of nearest cross street

   (d)     distance from nearest cross street

           

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

 

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

 

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

 

129.  AD4 - WorkCover Authority - For premises which are/will be workplaces  a copy of the approved plan to the WorkCover Authority shall be submitted to ensure that the proposal complies with WorkCover requirements. Where factory registration is required by WorkCover, a separate application to Council may be required for a statement of compliance with the egress provisions of the Building Code of Australia. If so it is best to do so as soon as possible. For more details visit www.workcover.nsw.gov.au or call 131050.

 

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

 

131.  AD6 - Access for Persons with a Disability - In addition to Council's Development Control Plan and the Building Code of Australia, the Commonwealth Disability Discrimination Act 1992 may impose greater obligations on providing access/facilities for disabled persons. For more details visit the Human Rights and Equal Opportunity Commission website www.hreoc.gov.au or call 9284 9600.

 

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

 

133.  AD9 - Construction Zone - You may apply for a construction zone on the roadway adjacent to the site for the duration of the construction work, by way of written application and payment of fees detailed in our Schedule of Fees and Charges.

 

134.  AD10Energy Australia - The minimum safe distance from overhead power lines shall be maintained in accordance with the requirements of Energy Australia. For details visit www.energy.com.au.

 

135.  AD11 - Other approvals required - Where it is proposed to:

(a)          Pump concrete from within a public road reserve or laneway.

(b)          Stand a mobile crane within the public road reserve or laneway.

(c)          Use part of Council's road/footpath area.

(d)          Pump stormwater from the site to Council's stormwater drains.

(e)          Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

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

 

136.  AD13 - A separate application must be lodged and approved under Section 68 of the Local Government Act 1993 for the erection of any A-Frames or signage boards proposed to be erected on Council's footway.

 

137.  Access and sanitary facilities for persons with disabilities must be provided to the building in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS1428.1. Details must be submitted with the Construction Certificate Application. A Section 96 application may be required where compliance with the access provision would require changes to internal configurations, external appearance and function of the building. An accredited access consultant may be required to demonstrate compliance. Any recommendations of the accredited access consultant must be incorporated in the plans to be submitted with the Construction Certificate Application.

 

138.  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:

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

·    Energy efficiency report demonstrating compliance with the BCA.

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

·    Exit widths and dimensions.

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

·    Sound transmission and insulation details.

·    Disabled access that complies with the Premises Standards, the BCA and with AS 1428.1.

·    Smoke hazard management system, fire extinguishers, etc.

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

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

·    Proposed fire safety measures and equipment including smoke alarms to any residential unit, portable fire extinguishers, etc

·    Plans must be amended to provide disabled access and sanitary facilities that complies with the BCA and with AS 1428.1.

·    Provisions of natural light and ventilation to all habitable rooms. Any mechanical ventilation system must be designed by a mechanical engineer.

 

139.  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. 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.

 

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

 

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

 

FURTHER THAT a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).

 

For video relating to 12 Park St click here

 

 

APPENDICES

Appendix View1

Location Map - 12 Park St Peakhurst

Appendix View2

Site Photo - 12 Park St Peakhurst

Appendix View3

Revised Elevations Section - 12 Park St Peakhurst

Appendix View4

Revised Roof Plan  3D View - 12 Park St Peakhurst

Appendix View5

Company Extract - Applicant - 12 Park St Peakhurst (Confidential)

Appendix View6

Company Extract - Owner - 12 Park St Peakhurst (Confidential)

Appendix View7

Ventilation Ducting Plan - 12 Park St Peakhurst

 


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL790-15             12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan

[Appendix 1]          Location Map - 12 Park St Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL790-15             12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan

[Appendix 2]          Site Photo - 12 Park St Peakhurst

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL790-15             12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan

[Appendix 3]          Revised Elevations Section - 12 Park St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL790-15             12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan

[Appendix 4]          Revised Roof Plan  3D View - 12 Park St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL790-15             12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan

[Appendix 7]          Ventilation Ducting Plan - 12 Park St Peakhurst


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL791-15        115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot 

Applicant

Tom Goode

Proposal

Fit out and use of transport depot

Owners

One Funds Management Limited AFT Kingsgrove Property Trust

Report Author/s

Development Assessment Officer, Mr M Raymundo

File

DA2015/0016

Previous Reports Referenced

CCL728-15 - 115 Vanessa St Kingsgrove - Use and fit out of transport depot - Council - 01 Jul 2015 7:00pm

Disclosure of Political Donations or Gifts

No

Zoning

Zone IND2 – Industrial HLEP 2012

Existing Development

Light Industrial warehouse

Cost of Development

$578,000.00

Reason for Referral to Council

Variations to DCP1 and six (6) submissions received including a petition with forty six (46) signatures

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, Draft State Environmental Planning Policy (Competition) 2010, Development Control Plan No 1 - LGA Wide

Hurstville Local Environment Plan Interpretation of Use

Transport Depot

 

EXECUTIVE SUMMARY

1.         The proposal seeks development consent for use and fit out of transport depot on land known as 115 Vanessa Street, Kingsgrove.

2.         The amended proposal seeks variations to Development Control Plan No 1 in relation to hours of operation and staff meal areas.

3.         The site is affected by overland flow. The applicant provided a flood study which was externally peer reviewed and is supported subject to conditions of consent.

4.         The application was notified to eighty seven (87) adjoining owners/occupiers in accordance with Council’s controls. In response six (6) submissions, which included a petition with forty six (46) signatures, were received. The amended plans were not renotified as this did generate a greater material impact than the original proposal.

5.         This application was deferred at the Council meeting of 1 July 2015 for a site inspection. The site inspection was held on 7 July 2015.

6.         This report has also been amended to correctly reflect an above ground fuel tank proposed within the existing building.

7.         This application was deferred at the Council meeting of 15 July 2015 until the impact of the Westconnex Development on the intersection of Kingsgrove Road and Commercial Road can be clarified. Information relevant to Westconnex has been provided in this report.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

ADDITIONAL INFORMATION AS REQUESTED RE WESTCONNEX

 

Council’s Manager Infrastructure:

Council’s Manager Infrastructure met with Mr Ken Reynolds, Delivery Director of WestConnex to discuss potential impacts of the proposed road and tunnelling works. Mr Reynolds advised that:

·    The construction works associated with WestConnex (including required road works, the new tunnel portals and ventilation stacks) will be fully confined within the current M5 Motorway Corridor; the WestConnex is not planning to acquire any land from adjoining private or Local Government properties.

·    The new M5 tunnels will double the capacity of the existing M5 East tunnels. The proposed alignment will split traffic on M5 allowing more robust and reliable network. The new M5 will improve traffic flow from King Georges Road to Sydney CBD and eastern suburbs relieving current congestion along M5 East tunnels; thus traffic congestion on local streets during morning and afternoon peak periods, especially on Tooronga Terrace-Vanessa St-Commercial Rd route and Morgan Street route, will be reduced improving local amenities.

·    Preferred designs for the New M5 tunnels and road works will not be available for review until the end of 2015.

 

To view a newsletter with plans of the proposed locations and alignments of the western entry and exit facilities to the New M5 tunnels, click here.

 

Additional information provided by the applicant:

The applicant’s Planning Consultant has prepared the following information on behalf of the applicant providing information on WestConnex and how their proposal relates to it.

 

1.0 KEY SUMMARY POINTS

1. The determination of this DA will have limited impact on WestConnex Stage 2 for number of reasons – not least the fact that it has no planning status and is yet to have a detailed design and analysis undertaken. This is in accordance with the matters for consideration prescribed in the EP&A Act 1979.

 

2. The soon-to-commence King Georges Road Intersection Upgrade will see cars move on and to the M5 faster and reduce the current traffic delays, and would further help relieve pressure on Kingsgrove Road in accessing the M5.

 

3. The section of WestConnex Stage 2 (should it go ahead) that is most relevant to Kingsgrove Road would be a tunneled section underneath this road. This will not likely result in increased traffic generation on Kingsgrove Road in order to access WestConnex.

 

4. The proposed bus depot will not add increased traffic to King Georges Road Intersection as the buses will only use Kingsgrove Road, in-line with the proposed DA condition.

 

5. The proximity of the bus depot to the operating network will reduce congestion on local roads given lesser travelling distance between start and end points. Buses will play an increasingly important role in terms of alternative transport for a growing population in Hurstville.

 

6. The proposed bus depot will generate less than 20% of vehicle trips that would otherwise be generated by other permissible industrial uses on the site.

 

7. The proposed bus depot for public benefit replaces an existing depot use for private buses.

 

8. This project has the approval of Transport of NSW (RMS is part of TfNSW) and funding from Treasury based on its need for the public network – now and into the future as the LGA and subregion grows. The bus depot is essential for the efficient operation of Transdev’s bus network.

 

2.0 SECTION 79C MATTERS FOR CONSIDERATION

Stage 2 of WestConnex, including the ‘New M5’, is not due for completion until 2020. Whilst a State Significant Infrastructure application has been submitted to the Department of Planning and Environment, an Environmental Impact Statement is yet to be prepared and the application has not been released for public exhibition. Accordingly Stage 2 of the WestConnex project has no planning status, to which other development proposals can reasonably rely on or indeed make reference to.

 

We would like to draw Council’s attention to the following key threshold considerations that need to be consistently applied when deliberating a development proposal.

 

Section 79C of the Environmental Planning & Assessment Act 1979 (the Act) lists the matters for consideration that a consent authority must consider when assessing a DA. The matters for consideration include:

·    the provisions of any Environmental Planning Instrument, Development Control Plan, planning agreements under Section 93F, or the Regulations;

·    the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

·    the suitability of the site for the development,

·    any submissions made in accordance with this Act or the Regulations,

·    the public interest.

 

In the above context, Council’s consideration of the DA with reference to a ‘proposed’ motorway project without any planning status, concept design or approval falls outside the key matters as prescribed by Section 79C. Nevertheless, further information relating to the proposed WestConnex project is provided below.

 

The King Georges Road Intersection upgrade was recently fast-tracked and has now been approved with an anticipated completion timeframe for 2019. As detailed below, the upgrade of this intersection will not impact the proposed bus depot and in fact eases congestion at this well-known pinch point.

 

3.0 IMPACT OF WESTCONNEX ON THE PROPOSED BUS DEPOT

Based on publicly available information, the proposed bus depot will contribute towards the objectives of WestConnex and is therefore unlikely to impact on or be impacted by the new King Georges Road Intersection upgrade or the New M5 motorway.

 

A proposed condition of consent for the bus depot stipulates that buses must enter and leave the site east, via Kingsgrove Road. Accordingly, buses will not travel via King Georges Road and will not be impacted by the construction or future operation of the proposed intersection. The later ‘New M5’ stage of WestConnex is planned to be tunnelled under Kingsgrove Road and will consequently not affect buses using this route. For the same reasoning, the proposed bus depot will not adversely affect the construction or operation of WestConnex.

 

A key aim of the proposed WestConnex project is to free up local roads for public transport. As such, the bus depot will complement WestConnex by supporting the public transport network within the region. Through this depot, Transdev will be able to store buses closer to the network it services, and in turn reduce the travel distance for buses between their start and end points. Accordingly, this further reduces congestion on local roads. 

 

4.0 THE PROPOSAL WILL HELP REUDCE CONGESTION ON LOCAL ROADS

According to the NSW State Transit, every bus trip has the potential to keep around 50 cars off the road.

 

The proposed bus depot facilitates the operation of Transdev and will have a positive benefit to the region’s public transport network. The development will result in less traffic for Kingsgrove irrespective of the WestConnex project.

 

The bus network is a crucial part of the overall transport network for Hurstville which made 13,000 bus trips in 2013. Council identifies that the population is expected to grow by 20% to 104,000 people by 2036. This results in a need for up to 16,000 bus trips in the LGA and demand will likely increase overtime with overall trends in Sydney towards greater public transport usage. The Transdev bus depot will contribute towards meeting the increased demand for public transport in the region, allowing increased services and more efficient operations that will assist in reducing local traffic congestion.

 

Transdev have prepared a business case for the Kingsgrove Depot which has been approved by Transport for NSW and funding allocated to by NSW Treasury.

 

For the information of Councillors, the previous report is reiterated below.

 

DESCRIPTION OF THE PROPOSAL

The proposal seeks development consent for use of site for a transport depot on land known as 115 Vanessa Street, Kingsgrove. The applicant has described the proposal as follows;

·    Parking spaces for 60 buses and 52 cars on the hardstand area;

·    Drivers will pick up a bus in the morning (from 5.00am) and return it in the afternoon or evening (until 11:30pm) (7 days a week);

·    A maximum of two (2) office staff and six (6) workshop staff will work on site between the hours of 7am to 7pm;

 

The development will involve a fit out of the existing warehouse buildings. This will include;

·    Maintenance bays, comprising:

o 3 workshop bays;

o Body shop;

o Chasis bay;

o Wash bay (Sydney Water approved system – drains to oil separator);

·    Car parking;

·    Line marking/fencing;

·    Operations office for permanent staff;

·    Staff facilities, including meal room, change room and lockers.

 

An undercover fuelling station located at the north east of the site is also proposed. This will have a 60,000L capacity and will be self-bundled with recovery pit and warning alarms.

 

Additional works include:

·    Garage doors along the northern elevation;

·    Fuel enclosure along the north east side boundary;

·    Removal of one (1) tree to accommodate fuel enclosure;

·    Clarification of aboveground fuel tank within existing building.

 

Bus movements

The Applicant has described the bus movements as follows;

The operations of Transdev require that buses be picked up and dropped off between the hours of 5.00 – 23.30. Bus movements via King Georges Road will be restricted to the hours of 7:00 – 19:00 to avoid any potential noise impacts on the residential properties along Vanessa Street to the west of The Crescent. Buses will travel via Kingsgrove Road only during this time.

 

It is noted that the proposed bus movements are staggered through the morning, afternoon and night.

 

AMENDED PROPOSAL

The amended proposal seeks the deletion of the use of the ancillary workshop for body repairs and spray painting. The relocation of the fuel enclosure results in the retention of a tree on site. 

 

HISTORY

17 Jul 13                    2013/DA-0016 - Subdivision of existing lot into two (2) lots (refused)

17 Sep 14                  DA2014/0093 - Industrial warehouse and office development (withdrawn)

26 Jun 14                  PRE2014/0013 - Change of use from light industrial to a transport depot

3 Feb 15                    DA2015/0016 - Current Development Application lodged

20 Feb – 13 Mar 15  Notification period (originally notified for two (2) weeks and extended one (1) week, resulting in three (3) weeks in total)

17 Mar 15                  In response to, concerns raised, the applicant advised Council that the amended proposal does not seek approval for body repairs and spray painting

15 May 15                  Meeting held with applicant

17 May 15                  Stop the clock email requesting additional information

5 Jun 15                    Additional information provided - overland flow study, details regarding open structure fuel enclosure 6m in width, 20m in length and 5m in height

17 Jun 15                  Flood study externally peer reviewed

24 Jun 15                  Comments received supporting flood study

1 Jul 15                      Application deferred at Council meeting for a site inspection

7 Jul 15                      Site inspection held

15 Jul 15                    Deferred at the Council meeting until the impact of the Westconnex Development on the intersection of Kingsgrove Road and Commercial Road can be clarified as soon as possible

 

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot 100 in DP 878873 and is known as 115 Vanessa Street, Kingsgrove.  The allotment comprises of 2.4ha (comprising of various industrial units), with a portion of this allotment referred to as the subject site located towards the northern end. This comprises of 10,300sqm and includes 7,150sqm comprising of warehouse area and hard stand area. The site is impacted by overland flow.

 

The immediate surrounding area comprises of industrial zone carrying out various light industrial uses. A Sydney Water open drainage channel adjoins the site to the north. In a greater context residential dwellings are located to the south west and west.

 

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

“Transport Depot” and ancillary “Vehicle Repair Shop”

Proposal meets definition of Transport Deport (amended proposal sought to delete ancillary use of “Vehicle Repair Shop”)

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of IND2 – Light Industrial Zone

 

 

 

 

 

Development must be permissible with consent:

 

Transport depot:  means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

Proposal adequately meets zone objectives and is a permissible use subject to conditioning of the buses to be diverted away from residential areas

 

Development consent sought as part of application 

Yes

 

 

 

 

 

 

Yes

2.7 – Demolition requires Development Consent

Objectives to be satisfied

Development consent for partial demolition of existing garage doors, walls and minor works.

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

No increase in floor area as proposal seeks change of use and internal fit out of existing building

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

Appropriate services provided, stormwater drainage provided subject to conditions of consent.

 

 

 

Adequate services provided as conditioned

 

 

No additional unreasonable stormwater impacts given the proposed change of use

Vehicular access granted via Vanessa Street

Yes

 

 

 

 

 

 

Yes

 

 

 

      Yes

 

 

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 – Council’s records indicate asbestos on site. A condition of consent is imposed is to ensure appropriate remediation of the site given the intended use for works including excavation of piers and underground fuel pipes.

 

2.      Draft Environmental Planning Instruments

 

DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010

The proposal has been considered in accordance with the provisions within the SEPP and is considered to be satisfactory.

 

3.      Development Control Plans

The proposal has been assessed under the relevant provisions as per below.

 

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

Requirements

Proposal

Complies

3.1.4.1 - parking

Office: 1 space per 40sqm (2 spaces required)

 

Warehouse: 1 space per 300sqm (5 spaces required)

Office: 55sqm

 

 

Warehouse: 1,423.23sqm (excluding ancillary service areas)

 

60 spaces for buses (business use)

Total of 44 car spaces for staff and 8 for visitors provided

Yes  - proposed car parking considered to be satisfactory given the nature of the proposed use as most employees are generally located off site and are rotational

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

Compliance with AS2890.1 2004 and AS2890.2

 

Compliant with standard

Yes

3.1.4.6 – Parking for people with a disability

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

Two (2) accessible hard stand spaces Conditioned to comply as part of Construction Certificate

Yes

 

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

The proposed development satisfies the objectives of Section 3.3 Access and Mobility. The proposal seeks change of use and minor internal fit out of existing industrial building.

 

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

The proposed development satisfies the objectives of Section 3.4 Crime Prevention through Environmental Design.

 

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

The proposed development also complies with the requirements of Development Control Plan No 1 – LGA Wide.

 

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

The flood study was externally peer reviewed and is supported subject to conditions of consent. The proposal is to drain to the Sydney Water stormwater channel adjoining the site.

 

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 5.3 LIGHT INDUSTRIAL AREAS

The proposal forms alterations and additions to an existing industrial unit, given the circumstances of the site the applicable relevant controls have been applied as per below.

 

Section 5.3

Standard

Proposal

Complies

5.3.5.4 – Amenity

 

 

An outdoor eating and sitting area is to be provided within sites at a rate of 1sqm per employee with min a total area of 10sqm

 

68 employees in total

68sqm required

Seating area provided indoor comprising of two (2) meal rooms at  58.5sqm

 

No (1)

5.3.6 – Vehicle Access and Parking

 

 

Car parking bays to comply

 

Access provisions to comply

 

Car parking should be adequately sign posted and were required provide parking for people with a disability

Car parking bays conditioned to comply

 

Comply

 

 

Car parking signage conditioned to comply

Yes

 

 

Yes

 

 

Yes

 

5.3.6.2 – Layout, circulation, access and egress

Compliant with Australian Standards

 

Conditioned

Yes

5.3.7 – Acoustics

 

 

 

Hours of operation is restricted to avoid any undue or unreasonable noise nuisance upon surrounding residential areas

 

Development designed to minimise the possibility of noise to the occupants of adjoining or neighbouring dwellings

 

Noise control measures for any particular source take account for potentially affected sites

Hours of operation considered to be reasonable given that the use is conditioned to avoid residential zones

 

 

As above

 

 

 

 

 

As above

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

5.3.7.1 – Provision

Must not exceed noise background levels 65dB(A)

Conditioned

Yes

5.3.7.3 – Hours of Operation

 

 

7.00am to 7.00pm Monday to Saturday, no work on Sunday (not near residential)

5.00am – 11.30pm – Monday – Sunday (bus route conditioned to avoid residential areas)

No (2)

5.3.8 – Energy Efficiency and Services

Energy efficiency objectives to be satisfied

Objectives met

Yes

5.3.9 – Waste Management

Waste Management Plan to be provided

Waste management plan conditioned as part of Construction Certificate

Yes

5.3.9.1 – Capacity and Size

Capacity objectives to be satisfied

Objectives met

Yes

5.3.9.2 – Construction

Construction objectives to be satisfied

Objectives met

Yes

5.3.9.3 –Placement

Placement objectives to be satisfied

Objectives met

Yes

5.3.9.4 – Access

Access objectives to be satisfied

Objectives met

Yes

 

5.3.10 – Drainage

 

5.311 - Trade Waste Agreement

 

5.3.11.2 – Disposal of liquid Waste

 

5.3.11 – Disposal of waste from work areas

 

5.3.11.4 – Washing of Vehicles

 

5.3.11 – Stormwater Treatment

Drainage and stormwater, use and waste requirements to be met

Objectives satisfied, supported subject to conditions of consent

Yes

 

(1) Amenity - Outdoor eating area

Council’s controls require an outdoor eating area of 68sqm to cater for sixty eight (68) employees. The proposal seeks to provide two (2) indoor eating areas with a total area of 58.5sqm which are considered to be an appropriate size and function to accommodate the proposed use. In this instance, given nature of business, employees are likely to be on site in staggered increments and the proposed meal rooms are considered to appropriately service the employees. In this regard, the proposed variation provides adequate amenity to employees on site and the intent of this clause has been satisfied.

 

(2) Hours of operation

Council’s controls prescribe hours of operation 7.00am to 7.00pm Monday to Saturday, no work on Sunday in instances where this is not near residential. The proposal seeks the hours between 5.00am – 11.30pm Monday – Sunday given the nature of the use. As previously discussed, the applicant has stated the following;

The operations of Transdev require that buses be pick up and dropped off between the hours of 5.00 – 23.30. Bus movements via King Georges Road will be restricted to the hours of 7:00 – 19:00 to avoid any potential noise impacts on the residential properties along Vanessa Street to the west of The Crescent. Buses will travel via Kingsgrove Road only during this time.

 

The hours are considered reasonable on the basis of conditioning of the diversion of bus routes to and from Kingsgrove Road therefore avoiding the residential streets to the west. This is considered to be reasonable to reduce noise, traffic and amenity impacts to residential development. This is supported by Council’s Senior Traffic Engineer.

 

4.      Impacts

 

Natural Environment

No adverse natural environmental impact subject to conditions of consent.

         

Built Environment

No adverse material built environment impact given the industrial nature of the development and surrounding industrial zoning.

         

Social Impact

No adverse material social impact subject to conditioning the rerouting of traffic further discussed within this report. 

         

Economic Impact

No adverse material economic impact. The proposal results in increase in employment opportunities within the locality.

 

Suitability of the Site

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

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified to eighty seven (87) adjoining owners/occupiers in accordance with Council’s controls. In response six (6) submissions which included a petition were received forty six (46) signatures from individual addresses were received. The amended plans were not renotified as this did not generate a greater material impact than the original proposal. The concerns received relate to the following.

 

Traffic impacts to residential areas

Concerns were raised in relation to traffic impacts on Commercial Road, Vanessa Street and Tooronga Terrace and surrounding area by the proposed use. Concerns raised included the impact of this proposed use on existing traffic and that this would be exacerbated with the proposed use.

 

Comment: The proposal is conditioned to avoid the residential streets ie via Tooronga Terrace. Subject to the above, the proposal is not considered to result in any unacceptable material traffic or associated impacts. The proposed development is not a traffic generating development. The proposal is supported by Council’s Senior Traffic Engineer.

 

Safety

Concerns were raised regarding safety impacts to residents, children, persons to the surrounding area.

 

Comment: The proposal is not considered to result in any unacceptable or unreasonable impacts regarding safety. Council’s Senior Traffic Engineer raises no concerns with safety given that bus movements are restricted to Kingsgrove Road only as a condition of consent.

 

No traffic report with DA

Comment: The proposal has been considered against the applicable controls. The proposal is supported by Council’s Senior Traffic Engineer subject to conditioning of the diversion of the buses to accessing the site from Kingsgrove Road and avoiding residential areas.

 

Impact on local amenity

Impact on amenity on the local park, child care centre, facilities etc.

 

Comment: The proposal is not considered to result in any significant or material impacts generated by the proposed use. The proposed use is conditioned to enter and exit towards Kingsgrove Road, avoiding the residential areas to the south and south west.

 

Notification

Concerns were raised regarding notification of the proposal.

 

Comment: The proposal was notified to adjoining residents in accordance with Council’s Development Control Plan.  The application was notified in accordance with Council’s controls for two (2) weeks, then a further one (1) week.

 

Traffic impacts generated by noise

Concerns were raised regarding noise impacts generated by proposed use with buses to and from the site.

 

Comment: Appropriate conditions of consent have been imposed regarding noise and limiting the route to avoid residential areas nearby.

 

No benefit to the community

Concerns were raised that the proposal would not result in material benefits to the community or job creation.

 

Comment: The proposal seeks to provide employment opportunities with the intent of providing increased bus services in the area.

 

Impact generated by use/contamination/pollutants

Concerns were raised in relation to the proposed use given the adjoining industrial uses.

 

Comment: The proposal seeks to provide a car wash bay and all other key servicing uses within the existing industrial building, therefore such key pollutants are likely to be contained subject to conditions of consent.  As discussed within the report the amended proposal does not seek consent for body repairs and spray painting.

 

The proposal seeks fuel bay enclosure which is external to the existing building located along the north eastern corner.

 

The proposal seeks to primarily use the hard stand area as car parking for the buses and employee vehicles.  Appropriate conditions have been imposed to ensure that environmental protection measures have been applied.

 

Council Referrals

 

Senior Environmental Health and Building Surveyor

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

 

Environmental Health Officer

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

 

Development Engineer

The flood study was externally peer reviewed and is considered to be satisfactory subject to conditions of consent. 

 

Senior Traffic Engineer

Council’s Senior Traffic Engineer has commented on the proposal as follows;

Parking requirements and layout  

The proposal provides 60 hardstand bus spaces in ‘stacked’ arrangements in order of arrival to maximise parking efficiency for the site, in addition the proposal provides 44 car spaces for staff and 8 spaces for visitors. This is considered appropriate for off street parking provision to meet the demands generated by the staff of the depot and their visitors. 

The car parking layout was assessed for requirements of AS2890.1:2004

 

          Suitability, manoeuvrability  and access to the site

The proposed Bus Depot is proposed in an industrial zoned area for which a Bus Depot is permissible. 

The entrance to the site is separated from its exit which facilitates safer and easier manoeuvre within the site.

Entrance to staff and visitor car park is separated from that of the buses which is safer for pedestrians and other road users.

Swept Path diagrams have demonstrated successful ingress and egress of buses in and out of the site as well as into their respective car parking spaces.

 

          Road Network

Given the location of where the Bus Depot is proposed, which is in an industrial area highly frequented by trucks and other heavy vehicles, there will not be a significant impact on the existing road networks as the 60 buses movement in and out of the site will be distributed and staggered throughout the hours of 5.00 am – 11:00pm as stipulated in the Statement of Environmental Effects Table 4 “Typical Bus Movements per hour”

 

          Loss of amenity to neighbouring properties

While the Bus Depot proposed at 115 Vanessa Street conforms to the above mentioned assessment measures.  The development does introduce 60 pull ins and 60 pull outs Manoeuvres of Buses into the area and accordingly it is recommended that if Council was to approve the proposed Bus Depot at 115 Vanessa Street, Kingsgrove that approval be granted under the condition that all buses leaving the premises at 115 Vanessa Street are to travel east along Vanessa Street and get onto Kingsgrove Road, Kingsgrove, likewise all buses accessing 115 Vanessa Street are to do so through Kingsgrove Road and Vanessa Street, Kingsgrove.

 

In other words it is recommended that approval be granted with the conditions that buses leaving and entering 115 Vanessa Street do not do so by accessing the residential areas along Vanessa Street, Tooronga Terrace or King Georges Road, Beverly Hills intersection.

 

Comment: It is recommended with this condition to be imposed.

 

6.      CONCLUSION

The proposal is considered to be acceptable for the reasons contained within this report above. The proposal forms a permissible use on within the zone, as previously discussed, the proposed used is considered to be reasonable given the limitations due to the drainage constraints.

 

The proposal is supported subject to conditions of consent in particular to diversion of traffic to avoid residential areas to reduce traffic, noise and amenity impacts. A condition of consent is imposed for no for body repairs and spray painting to be carried out. The proposal is not considered to result in any unnecessary or unreasonable material impacts given the proposed use.

 

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application  DA2014/0016 for fit out and use of transport depot on Lot 100 in DP 878873 and known as 115 Vanessa Street, Kingsgrove, 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

3696248-CP

7.08.14

Parking Plan

D

CBRE

-

Received 5 Jun 15)

Northern Elevation

-

-

 

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

          (a)       Fees to be paid to Council:

 

Schedule of fees, bonds and contributions

Fee Type

Paid

Amount

Receipt Date

Receipt No

Development Application Fee

X

$1,503.00

2 Feb 15

2026436

Plan First Fee

X

$369.92

2 Feb 15

2026436

Notification Fee

X

$320.00

2 Feb 15

2026436

DA Advertising Fee

X

$1,105.00

2 Feb 15

2026436

Long Service Levy

 

$2,023.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$135.00

 

 

 

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

 

PCA Services Fee

 

$1,651.40

 

 

Construction Certificate Application Fee

 

$1,651.40

 

 

Construction Certificate Imaging Fee

 

$138.00

 

 

 

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

 

3.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

4.         GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

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

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $135.00.

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

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

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

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

 

5.         GEN1019 - General Condition - No consent is granted for carrying out body repairs and/or spray painting. Any future body repairs and/or spray painting on the site would require the submission of, and approval granted, for a separate development consent for that use.

 

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.

 

6.         GOV1006 - Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

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

 

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

 

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

 

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

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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

 

9.         CC4024 - Health - Acoustic Certification - The Construction Certificate plans must be accompanied by a certificate from a professional acoustic engineer certifying that noise from the operation of mechanical plant and equipment will not give rise to offensive noise as defined under the provision of the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority. If sound attenuation is required, this must be detailed on the plans lodged with the Construction Certificate.

 

10.       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 Van Der Meer dated June 2015

 

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

(a)  Minimum floor levels

  (b)   Fencing

  (c)   Site regrading

  (d)   Overland flow path construction

  (e)   Any other

  (f)    Protection of basement from inundation of surface waters

 

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

 

11.       CC4008 - Health - Car Wash Bays - Plans and specifications of the car washing system which has been approved by Sydney Water must be submitted with the application for the Construction Certificate. 

 

All car washing bays shall be contained within a roofed and bunded car wash bay with pre-treatment approved by Sydney Water.  The water from the car wash bay must be graded to a drainage point and connected to sewer.    

 

If alternative water management and disposal options are proposed (i.e. where water is recycled, minimised or reused on the site), detailed plans and specifications of the water recycling system must be  submitted with the application for the Construction Certificate.

 

12.       CC4014 - Health - Industrial Premises - Wet Areas and Trade Waste Systems - Details and specification of wet areas must be submitted with the Construction Certificate.  All wet-rubbing, engine degreasing or vehicle washing is to be conducted in a vehicle wash bay connected to the sewer. This area is to be bunded to prevent waste water entering the stormwater system.

 

13.       CC4016 - Health - Industrial Premises - Odour - Air Quality Report -  An air quality report prepared by a suitably qualified professional engineer (air quality) must be submitted with the Construction Certificate and include:

(a) details of the type of control equipment, if any, that is necessary to prevent an odour nuisance (as defined under the Protection of the Environment Operations Act 1997) arising from the operation of the premises; and

(b) certification that the proposed control equipment will be adequate to prevent an odour nuisance arising due to the operation of the premises.

 

14.       CC7001 - 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:

a) Fire safety services and equipment including hydrant, hose reel, portable fire extinguishers, emergency lights, exit signs, smoke hazard management systems, etc.

b) Exit travel distances that demonstrate compliance with the BCA.

c)  Disabled access that complies with the Premises Standards, the BCA and with AS 1428.1

d) Fire protection to openings and to existing walls to comply with the BCA.

e) E) Fire separation and protection of buildings in accordance with Part C of the BCA

 

15.       CC7005 - Building - Hazardous Material Survey - Remediation approved as part of this Development Consent shall be carried out in accordance with Remedial Action Plan and a Hazardous Materials Survey in accordance with the New South Wales Protection Authority Guidelines for Consultants Reporting on Contaminated sites. A site audit statement must be carried out by a site auditor prior to the commencement of remediation works.

 

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

 

17.       CC7016 - Building - Partial conformity with the BCA - Clause 93 and 94 EP&A Regulation 2000 - Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

a)   Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing buildings must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

b)   Access and egress from the building - Section D.

c)   Fire Protection of the building including new openings and existing openings affected by the proposed alterations and additions, that stand less than 3 metres from the boundary or fire source feature - Section C.

d)   Fire safety services and equipment - Section E.

e)   Fire protection to existing walls in regards to FRL’s where it is proposed to carry out any work - Section C.

 

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

 

18.       CC8008 - Waste - Waste Handling Systems - All waste handling equipment and systems used in conjunction with the provision of waste and recycling services shall be manufactured, installed and maintained in accordance with any applicable regulatory requirements, relevant Australian Standards, and relevant manufacturer’s specifications.

 

19.       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 turf, 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.

 

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) Bollards are to be erected along the north eastern boundary. The bollard spacing maybe increased from 1.0m to 1.5m or 2.0m where appropriate.

(b) New maintenance bays, washing area, amenities and operation rooms are to be constructed of flood-resistant materials and that electrical facilities be raised to a height of RL 21.53.

(c)  An emergency response plan is to be prepared to appropriately manage the site. A copy of this document should be kept in operation rooms.

 

21.       CC2002 - Development Assessment - Site Management Plan - Minor Development - A Site Works Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate. 

 

22.       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.

 

23.       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.

 

24.       CC3001 - Development Engineering - Stormwater System

 

Reference No.

Date

Description

Revision

Prepared by

 3696248-CP

7.08.14

Parking plan

D

CBRE

 

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

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

 

25.       CC8009 - Waste - Waste Storage Containers - Specialised Industrial Uses - The following waste and recycling facilities will be required:

(a) General Waste Facilities - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

(b) Industrial Waste - that is solid waste derived from the manufacture or repair of equipment - specialised containers appropriate for the nature of waste derived from the manufacture or repair of equipment; and,

(c)  Recycling Facilities - appropriate recycling facilities to be provided.

 

All waste and recycling containers shall be stored in an approved waste storage area within the confines of each sole occupancy unit that is large enough to house the required number of bins, appropriate for the intended use of each sole occupancy unit.

 

Details of the Waste Storage Area must be illustrated on the plans submitted with the application for the Construction Certificate.

 

26.       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).

 

27.       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

(h)  retaining walls

(i)    stabilizing works

(j)    structural framework

 

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.

 

28.       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.

 

29.       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

 

30.       PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

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

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

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

 

31.       PREC2009 - Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

32.       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.

 

33.       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.

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

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

(h)       Other.

      

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

 

34.       PREC4001 - Health - Industrial premises – Bunding, Liquids (chemical, paint solvent) - All liquids onsite are to be stored within a bunded area. The size of the area is to be bunded and shall be calculated as follows (as a minimum):

(a)  in the case of tanks, 110% of the volume of the largest sized tank.

(b)  in the case of small containers and drums, 25% of the total volume of liquid to be stored, with a minimum of 400L capacity.

 

The bund is to be roofed and constructed of a material, which is impervious to the liquid being stored.  After completion, the bund shall be maintained in such a condition, that all spillages or leaks will be retained within the bund, until disposed of by means that do not pollute waters.

 

35.       PREC4002 - Health - Industrial premises – Bunding Work Areas - All work areas where spillage is likely to occur shall be bunded. This is to be done by way of speed humps, grading the floor area or by any other appropriate means, to prevent contaminated water entering the stormwater system. The bunded area is then to be drained to a sump for collection and appropriate disposal of the liquid.

 

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

 

DURING WORK

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

 

37.       CON4001  -  Health – Aboveground Storage Tanks - The aboveground storage tanks and associated pipework must be installed and handled in accordance with;

o AS 1692-2006 Steel tanks for flammable and combustible liquids

o AS 1657-1992 Fixed platforms, walkways, stairways and ladders - Design, construction and installation.

o AS 1940-2004 The storage and handling of flammable and combustible liquids

o AS/NZS 3833:2007 The storage and handling of mixed classes of dangerous goods, in packages and intermediate bulk container

o AS/NZS 4452:1997 The storage and handling of toxic substances

o For LPG only: ASNZS1596:2008  and AS1940:2004

 

WorkCover NSW (13 10 50) are to be contacted separately to obtain any additional requirements for the installation of aboveground storage tanks.

 

Regular testing of the tanks and pipe work must be carried out to ensure any potential leakage is detected so as to prevent contamination of the site.

 

Certification from a suitability qualified engineer or consultant shall be submitted to the Principal Certifying Authority to verify compliance with the relevant Australian Standards.

Health -Industrial Premises – Storage of Hazardous or Toxic Material

 

To ensure hazardous and toxic materials are not to become a threat to the environment they must be stored in a bunded area constructed and maintained in accordance with AS 1940-2004 - The storage and handling of flammable and combustible liquids (as amended) and with WorkCover NSW requirements (contactable on 13 10 50).”

 

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

 

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

 

39.       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.

 

40.       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.

 

41.       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.

 

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

Industrial: sixty (60) spaces for buses

Employees: forty four (44) spaces

Visitor: eight (8) spaces

 

43.       OCC4006 - Health - Noise from Mechanical plant and equipment - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and / or refrigeration systems must not give rise to offensive noise as defined under the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority.

 

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

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

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

 

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

 

ONGOING CONDITIONS

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

 

45.       ONG2002 - Development Assessment - Hours of operation - The approved hours of operation shall be restricted to the following:

 

5.00am - 11.30pm Monday to Sunday for buses

7.00am - 7.00pm Monday to Sunday for office and workshop areas

 

46.       ONG2009 - Health - Dangerous Goods Notifications - WorkCover must be notified of the amount of dangerous goods on your premises as per the requirements of the Work Health and Safety Act 2011 and the Work Health and safety regulation 2011.

 

47.       ONG2011 - Development Assessment - Number of employees - The number of employees are limited to a maximum of sixty (60) employees (buses) and a total of eight (8) staff on site.

 

48.       ONG2003 - Development Assessment - All buses leaving and entering 115 Vanessa Street do not do so by accessing the residential areas along Vanessa Street, Tooronga Terrace or King Georges Road, Beverly Hills intersection.

 

49.       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.

           

 

50.       ONG4008 - Health - Emergency Spill Response Management Plan - An Emergency Spill Response Management Plan shall be prepared and submitted to Council within three (3) months of the issuing of the occupation certificate. The Plan shall include the following:

(a)  list of chemicals and maximum quantities to be stored at the site;

(b)  identification of potentially hazardous situations;

(c)  procedure for incident reporting;

(d) details of spill stations and signage;

(e)  containment and clean-up facilities and procedures; and

(f)  the roles of all staff in the Plan and details of staff training.

 

51.       ONG4010 - Health - Industrial activities - There shall be no industrial activities, storage or depositing of any goods or maintenance to any machinery conducted external to the building.

 

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

 

53.       ONG4015 - Health - Outdoor Lighting – Commercial/Industrial Premises - Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting.  The maximum luminous intensity from each luminaire must not exceed the Level 1 control relevant under Table 2.2 of AS 4282.  The maximum Il luminance and the threshold limits must be in accordance with Table 2.1 of AS 4282.

 

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

 

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

 

56.       ONG4022 - Health - Industrial Premises – Storage of Flammable Liquids - The storage and handling of flammable and combustible liquids shall be in accordance with Australian Standard AS1940-2004 - The Storage and Handling of Flammable and Combustible Liquids (as amended)

 

57.       ONG4023 - Health - Industrial Premises – Storage of Waste Oil - Waste oil shall be stored in a covered and bunded area prior to offsite recycling/disposal. Copies of receipts for the recycling of oil shall be kept onsite and made available to Council officers on request.

 

58.       ONG4024 - Health - Industrial Premises – Spill Clean-up - Sufficient supplies of appropriate absorbent materials shall be kept on site to recover any liquid spillage. Liquid spills shall be cleaned up using dry methods, by placing absorbent material on the spill, and sweeping or shovelling the material into a secure bin. Absorbent materials used to clean up spills shall be disposed of to an appropriately licensed waste facility.

 

59.       ONG4028 - Health - Industrial premises – Storage of Mechanical parts - Automotive parts in contact with any automotive fluid shall be stored in a covered, bunded area that is graded into collection sumps and/or grated drains which are directed into a dedicated drainage system and disposed to sewer in accordance with a Trade Waste Agreement from Sydney Water or collected for reuse/disposal by an Environmental Protection Authority (EPA) licensed waste contractor.

 

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.

 

60.       ADV7001 - Building - Council as PCA - Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA.  However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justify the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent peer review by either the CSIRO or other accredited organisation.  In these circumstances, the applicant must pay all costs for the independent review.

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

65.       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.

 

66.       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.

 

67.       OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) day 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.

 

68.       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.

 

69.       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) hour notice in writing, or alternatively twenty four (24) hour notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

 

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

 

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

 

An Occupation Certificate Application Form is attached for your convenience.

 

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

 

For video relating to 115 Vanessa St Kingsgrove, click here.

 

APPENDICES

Appendix View1

Location Map - 115 Vanessa St Kingsgrove

Appendix View2

Site Photo - 115 Vanessa St Kingsgrove

Appendix View3

Revised Site Plan - 115 Vanessa St Kingsgrove

Appendix View4

Zoning Extract - 115 Vanessa St Kingsgrove

Appendix View5

Northern Elevation - 115 Vanessa St Kingsgrove

Appendix View6

Fuel Enclosure Elevations - 115 Vanessa St Kingsgrove

Appendix View7

Company Extract - Owner - 115 Vanessa St Kingsgrove (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL791-15             115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot

[Appendix 1]          Location Map - 115 Vanessa St Kingsgrove

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL791-15             115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot

[Appendix 2]          Site Photo - 115 Vanessa St Kingsgrove

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL791-15             115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot

[Appendix 3]          Revised Site Plan - 115 Vanessa St Kingsgrove


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL791-15             115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot

[Appendix 4]          Zoning Extract - 115 Vanessa St Kingsgrove

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL791-15             115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot

[Appendix 5]          Northern Elevation - 115 Vanessa St Kingsgrove


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL791-15             115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot

[Appendix 6]          Fuel Enclosure Elevations - 115 Vanessa St Kingsgrove


 


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL826-15        33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear 

Applicant

Barrelle Guirguis Architects

Proposal

Alterations and additions to dwelling - two storey addition to the rear

Owners

Mrs A Atalla and Mr F Atalla

Report Author/s

Assistant Town Planner, Mr A Zhou

File

DA2014/1187

Previous Reports Referenced

CCL672-15 - 33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear - Council - 20 May 2015 7:00pm

Disclosure of Political Donations or Gifts

No

Zoning

Zone R2 - Low Density Residential

Existing Development

Two storey dwelling

Cost of Development

$93,500.00

Reason for Referral to Council

Called in from DACDEL

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, Development Control Plan No 1 – LGA Wide

Hurstville Local Environment Plan Interpretation of Use

Dwelling house

 

EXECUTIVE SUMMARY

1.         The proposal seeks approval for residential alterations and additions - two (2) storey addition to the rear.

2.         The proposal complies with the relevant Environmental Planning Instruments, Section 79C of the Environmental Planning and Assessment Act 1979 (as amended) and complies in full with the relevant Development Control Plan subject to the conditions included in this report.

3.         The application was referred from the DAC DEL meeting of 13 April 2015 by a Councillor.

4.         The application was deferred at the Council meeting of 6 May 2015 for a site inspection. The site inspections were held on 12 May 2015.

5.         The application was deferred at the Council meeting of 20 May 2015 for a site inspection. It was also resolved that consideration is to be given to overshadowing of neighbouring property. The site inspections were held on 23 June 2015.

6.         Two (2) submissions were received in relation to this application during the re-notification period of the redesign.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The proposal encompasses a two (2) storey extension which is connected to the existing dwelling via the kitchen, with the addition of a second storey which will also accommodate a balcony. In detail, the proposal involves the following works:

·          On the ground floor the proposal comprises one (1) bedroom and one (1) bathroom and one (1) office room. On the first floor one (1) bedroom and a balcony is proposed.

·          Existing concrete paving area to the rear is to be removed and replaced by landscaped area. A metal shed to the south is to be retained.

 

The applicant submitted on 10 July 2015 a redesign of the proposal to mitigate the overshadowing impact by shifting the first floor addition to the rear by approximately 1.7m. It provides 5.7m separation between existing first floor and proposed first floor addition. As a result, the shadow generated by the proposed first floor addition is to be moved towards the south east where a shed at the neighbouring site is located. Further, it is noted that the solar access from the neighbouring private open space is to be improved.

 

HISTORY

18 Dec 14                  Development application lodged with Council

29 Jan 15                  Amended floor plan and Statement of Environmental Effects received identifying the use of the rooms within the dwelling and fixing inconsistency issue

6 Mar 15                     Amended site plan received providing landscaping information

13 Apr 15                   Development application published to DAC DEL and referred to the next Council meeting by a Councillor

6 May 15                    Application deferred at Council meeting for a site inspection

20 May 15                  Application deferred at Council meeting for a site inspection; It was also resolved that consideration be given to overshadowing of neighbouring property

23 Jun 15                  Redesign of the proposal received

10 Jul 15                    Re-notification period, ended during which time two (2) submissions were received in relation to this application

10 Jul 15                    Amended site plan and floor plan received with FSR calculation issue fixed

 

DESCRIPTION OF THE SITE AND LOCALITY

The site is legally described as Lot 43 Sec 2 DP 3181 and Lot 44 Sec 2 DP 3181 and is known as 33 Universal Street Mortdale. The site is located at the south eastern side of Universal Street and corner of Universal Street and The Strand. The site has a regular shape with a frontage of 12.19m and an area of 442.98sqm. The orientation of the site is south east to north west. There is a slope, falling 1.8m from the southern rear corner to the northern front corner of the subject site.

 

The site is occupied by an existing two (2) storey dwelling with attached front single garage at the lower ground level.

 

Adjoining the site on all sides are residential developments. There is a single storey dwelling house adjoining to the south western boundary of the subject site. The surrounding area is generally residential in character.

 

COMPLIANCE AND ASSESSMENT

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

 

1.      Environmental Planning Instruments

 

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

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

 

HLEP 2012 Clause

Standard

Proposed

Complies

Part 2 Permitted or Prohibited Development

R2 Low Density Zone

The proposal is defined as dwelling house. Dwelling houses are permissible in the zone

Yes

 

Objectives of the Zone

The proposal complies with the objectives of the zone

Yes

4.3 Height of Buildings

9m as identified on Height of Buildings Map

5.9m

Yes

4.4 Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map

FSR = 0.55:1

Yes

6.5 Gross Floor Area of a Dwelling  House

For site area ≤ 630sqm

Max. GSR = Site area X 0.55

Site = 442.98sqm

Max GFA = 243.6sqm

 

Proposed GFA = 243.51sqm

 

 

 

Yes

6.7 Essential Services

 

 

Development not to affect Council /essential services

No impacts on services, minor increase in roof area– stormwater can drain by gravity to the existing system

Yes

 

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

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

 

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

Clause 7(1)(a) of SEPP 55 requires the Consent Authority to consider whether land is contaminated. Council records indicate that the subject site has been used for residential purposes for a significant period of time with no prior land uses. In this regard it is considered that the site poses no risk of contamination and therefore, no further consideration is required under Clause 7(1)(b) and (c) of SEPP 55 and the land is considered to be suitable for the residential land use.

 

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

A BASIX certificate has been submitted with the application. A condition has been included in the recommendation of this report requiring compliance with the commitments indicated in the BASIX Certificate.

 

2.      Draft Environmental Planning Instruments

No draft environmental planning instruments affect the proposed development.

 

Any other matters prescribed by the Regulations

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

 

Demolition

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

 

3.      Development Control Plans

An assessment of the proposed works against the relevant controls of the Hurstville Development Control Plan is provided below.

 

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

 

Section 4.1

Standard

Proposed

Complies

4.1.3.1

Max. Floor Area

Site area ≤ 630sqm –

Max. FSR = 0.55:1

GFA = 243.51sqm

FSR = 0.55:1

Yes

4.1.3.2

Landscaped Areas (min. width 2m)

 

Private Open Spaces

20% of Site Area

 

15sqm of landscaped area to be provided in the front yard

 

Principal Private Open Space Min. dimension of 4m x 5m

27%  (121.035sqm)

 

22.37sqm

 

 

> 4m x 5m

Yes

 

Yes

 

 

Yes

4.1.3.3

Building Height

Max. ridge height = 9m

 

 

Max. ceiling height to

external wall = 7.2m

5.9m

 

 

4.9m

Yes

 

 

Yes

 

4.1.3.4

Setback Controls

 

Front Setback (Building Line):

4.5m

(to front wall of  dwelling)

 

5.5m to garage/carport

 

No change

N/A

Side Boundary Setbacks:

900mm – ground floor level

 

 

1.2m - first floor level

 

 

(corner site)

2m – ground/first floor

secondary frontage where site width > 15m

SW – 1.114m

NE – 7.112m

 

SW – 1.114m

NE – 7.112m

 

7.112m

 

Yes

Yes

 

Yes

Yes

 

Yes

 

Rear Setback:

 

Ground floor level – 3m

 

First floor level – 6m

6.201m

 

6.201m

Yes

 

Yes

4.1.3.6

Balconies & Terraces

Direct access from a  habitable room

(at same floor level)

 

Overlooking impacts can be minimized with the use of privacy screens between 1.5m-1.8m high

Direct access from first floor bedroom

 

 

No overlooking impact

Yes

 

 

 

Yes

4.1.3.8

Car Parking

Min. 2 spaces for 3 bedrooms or more

(not applicable where no existing car parking behind building line)

2 spaces - Existing single garage and 1 hard stand car space

Yes

 

4.1.3.9

Visual Privacy

Windows to be offset by 1m. Neighbouring principal private open space is not overlooked by proposed living areas.

Negligible impact

Yes

4.1.3.10

Solar Design

Principal private open space of both the subject lot and adjoining lot must receive a minimum of 3hrs direct solar access between 9am and 3pm in mid-winter (June).

3hrs direct solar access between 9am and 3pm in mid-winter (June) achievable on most of the principal private open spaces.

 

Site is an east-west site. Therefore, some overshadowing to the southern property is inevitable.

Yes

4.1.3.11 Stormwater

Refer to Stormwater Assessment Table

Concept submitted

Yes

 

Stormwater Assessment

 

Existing Stormwater System

Gravity to street

Proposed Stormwater System

Gravity to street

Stormwater objectives for development type met?

Consistent

Slope to rear (measured centreline of site)

No

Gravity to street (from property boundary to street kerb)?

Yes

Discharge into same catchment?

Yes

Easement required?

No

 

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

 

4.      Impacts

 

Natural Environment

It is considered that the proposal will have no adverse impact upon the natural environment, subject to the conditions included in this report.

         

Built Environment

The proposal is considered to be appropriate, in terms of its scale, bulk and height compared to the surrounding developments. In this regard, the proposed works are not considered to result in any unacceptable material built environment impacts. 

         

Social Impact

The proposed development is for a residential purpose in an already established residential zone. Consequently, the proposal will not result in any unreasonable social impacts.

         

Economic Impact

No significant economic impacts are likely to arise as a result of the proposed development.

 

Suitability of the Site

The subject site is free of environmental constraints and the proposal provides an urban form and level of amenity that is compliant with the relevant objectives of the Hurstville Local Environmental Plan and Development Control Plan No 1. As such, the subject site is suitable for the proposed development.

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

The application was notified to twenty sit (26) neighbouring property for a period of fourteen (14) days during which time two (2) submissions were received in relation to the redesign of the proposal.

 

Overshadowing

Concerns were raised regarding the overshadowing impact to the neighbouring property.

 

Comment: The proposed development complies with Development Control Plan No 1 building height and setback controls. Given the topographical and orientation relationship of the subject site (north east) and the adjoining property (south west) that overshadowing to a certain degree is unavoidable though the overshadowing impact is considered to be minor.

 

The applicant has redesigned the proposal to mitigate the overshadowing impact by shifting the first floor addition to the rear by approximately 1.7m. As a result, the shadow generated by the proposed first floor addition is to be moved towards the south east where a shed at the neighbouring site is located. Further, it is noted that the solar access from the neighbouring private open space is to be improved.

 

Given most of the private open space to the south west is able to achieve three (3) hours direct solar access most of time between 9am and 3pm in mid-winter (June), the proposed development is acceptable in terms of overshadowing.

 

Council Referrals

No internal referrals were required in relation to the proposal.

 

External Referrals  

No external referrals were required in relation to the proposal.

 

6.      CONCLUSION

The proposed development of residential alterations and additions - two (2) storey addition to the rear is permissible in the zone R2 – Low Density Residential under the Hurstville Local Environmental Plan 2012. The proposal has been assessed against the relevant provisions of the Development Control Plan No 1 – LGA Wide. The proposal complies with Council’s Development Control No 1 – LGA Wide with the imposition of conditions included in this report.

 

Having regard to the matters of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the proposal is considered satisfactory and acceptable for the reasons stated in this report.

 

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2014/1187 for residential alterations and additions - two storey addition to the rear on Lot 43 Sec 2 DP 3181 and Lot 44 Sec 2 DP 3181 and known as 33 Universal Street Mortdale, subject to the attached conditions:

 

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

 

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

 

Reference No.

Date

Description

Revision

Prepared by

A01

10 July 2015

Site Plan and Site Analysis

G

Barrelle Guirguis Architects

A02

10 July 2015

Floor Plans

F

Barrelle Guirguis Architects

A03

22 June 2015

Elevations

D

Barrelle Guirguis Architects

A08

15 December 2015

Sections

-

Barrelle Guirguis 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

$452.00

18 Dec 14

2025585

Plan First Fee

X

$59.84

18 Dec 14

2025585

Notification Fee

X

$155.00

18 Dec 14

2025585

Company Search Fee

X

$20.00

18 Dec 14

2025585

Long Service Levy

 

$327.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$140.00

 

 

 

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

 

PCA Services Fee

 

$777.25

 

 

Construction Certificate Application Fee

 

$777.25

 

 

Construction Certificate Imaging Fee

 

$69.00

 

 

 

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

 

3.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

4.         GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

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

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $140.00.

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

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

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

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

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

 

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

 

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

 

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

 

(a) Placing or storing materials or equipment;

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

(c)  Erecting a structure or carrying out work

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

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

 

6.         APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

 

7.         GOV1007 - Sydney Water - Quick Check - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, storm water drains and/or easements, and if further requirements need to be met.  The approved plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s website: www.sydneywater.com.au

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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

 

8.         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.

 

9.         CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. A207269 dated 12 December 2014, approved with the Development Consent DA2014/1187, must be implemented on the plans lodged with the application for the Construction Certificate.

 

10.       CC3001 - Development Engineering - Stormwater System

 

Reference No.

Date

Description

Revision

Prepared by

A05

20 November 2014

Elevations

C

Barrelle Guirguis Architects

 

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

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

 

11.       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

(h)  retaining walls

(i)    stabilizing works

(j)    structural framework

 

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.

 

12.       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.

 

13.       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

 

14.       PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

 

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

 

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

 

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

 

15.       PREC2009 - Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

16.       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.

 

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

 

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

 

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

 

DURING WORK

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

 

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

 

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

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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. A207269 dated 12 December 2014, and in the plans approved with the Development Consent/ Construction Certificate, before 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.

 

24.       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.

 

25.       ONG2009 - Development Assessment - The dwelling shall be occupied as a single dwelling house only. Separate occupancy is not permitted without further application to Council

 

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.

 

26.       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.

 

27.       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.

 

28.       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.

 

29.       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.

 

30.       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.

 

31.       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.

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       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.

 

38.       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 Assistant Town Planner, Andy Zhou on 9330-6222 during normal office hours.

 

For video relating to 33 Universal Street Mortdale click 33 Universal Street

 

 

APPENDICES

Appendix View1

Location Plan - 33 Universal St Mortdale

Appendix View2

Site Plan and Site Analysis - 33 Universal St Mortdale

Appendix View3

Front Site Photo - 33 Universal St Mortdale

Appendix View4

Rear Site Photo - 33 Universal St Mortdale

Appendix View5

Elevations - 33 Universal St Mortdale

Appendix View6

Shadow Diagrams - 33 Universal St Mortdale

Appendix View7

Company extract - applicant - 33 Universal St Mortdale (Confidential)

 


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL826-15             33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear

[Appendix 1]          Location Plan - 33 Universal St Mortdale

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL826-15             33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear

[Appendix 2]          Site Plan and Site Analysis - 33 Universal St Mortdale


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL826-15             33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear

[Appendix 3]          Front Site Photo - 33 Universal St Mortdale

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL826-15             33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear

[Appendix 4]          Rear Site Photo - 33 Universal St Mortdale

 

 



Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL826-15             33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear

[Appendix 5]          Elevations - 33 Universal St Mortdale


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL826-15             33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear

[Appendix 6]          Shadow Diagrams - 33 Universal St Mortdale


Hurstville City Council – Council Meeting Wednesday, 5 August 2015

CCL793-15        61 Barry Ave Mortdale - Alterations and Additions to Existing Industrial Unit 

Applicant

CHD

Proposal

Alterations and additions to existing industrial unit

Owners

Barry Avenue Pty Ltd

Report Author/s

Development Assessment Officer, Mr M Raymundo

File

DA2014/1117

Previous Reports Referenced

No

Disclosure of Political Donations or Gifts

No

Zoning

Zone IN2 - Light Industrial

Existing Development

Industrial unit (existing automotive electrical repair facility)

Cost of Development

$100,000.00

Reason for Referral to Council

Minor variations to DCP1 and site slopes to rear

Planning Instruments Applicable

Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land,  State Environmental Planning Policy (Competition) 2010, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Development Control Plan No 1 - LGA Wide

Hurstville Local Environment Plan Interpretation of Use

Demolition, Light Industry

 

EXECUTIVE SUMMARY

1.         The proposal seeks alterations and additions to existing factory on land known as 61 Barry Avenue, Mortdale.

2.         The proposal has been assessed with the applicable relevant controls and seeks three (3) minor variations relating to car parking within front setback, hours of operation and location of seating area to Development Control Plan No 1. 

3.         The amended proposal was notified and renotified in accordance with Council’s requirements; in response no submissions were received. Subsequent plans were not re-notified, as it did not generate a greater impact.

 

AUTHOR RECOMMENDATION

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

 

REPORT DETAIL

 

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the alterations and additions to an existing factory on land known as 61 Barry Avenue, Mortdale. In detail the proposal is described as follows;

·    Eastern addition of 132sqm (factory shed to enclose an area which is currently being used as storage) with roller door, kitchenette and two (2) bathrooms toilets;

·    Outdoor staff amenities area with proposed retaining wall;

·    Proposed concrete slab within northern front setback (disabled parking);

·    Minor alterations and additions to existing building;

·    Car parking - two (2) spaces for employees, one (1) space for visitors, one (1) accessible space and one (1) space for delivery vehicles;

·    Demolition detached structures comprising of outbuilding and toilet.

 

Operation

·    Automotive electrical repair facility (existing use);

·    6:30am – 5:00pm Monday – Friday;

·    Closed Saturday and Sunday;

·    Three (3) employees.

 

*It is noted that no new signage is proposed as part of this application.

 

AMENDED PLANS (received 12 June 2015)

·    The amended plans sought to extend the proposed addition 200mm away from the southern rear and eastern side boundaries;

·    Internal kitchenette/seating area and two (2) bathrooms;

·    Minor internal and external changes.

 

AMENDED PLANS (received 7 July 2015)

·    Internal seating area amended providing 10.38sqm of area.

·    New roller door relocated 3m from the boundary in accordance with BCA.

 

AMENDED PLANS (received 15 July 2015)

·    Proposal amended to accommodate five (5) car spaces on site - three (3) hard stand spaces in front setback and two (2) car spaces within factory unit. Amended proposed floor area reduced to 102sqm.

 

HISTORY

3 Nov 14                    Application lodged

13-27 Nov 14            Notification period

19 Dec 14                  Site inspected

4 Apr 15                     Stop the Clock Letter to applicant Brook and Byrne (no successful response from applicant to either Council or owners)

27 May 15                  Owner authorisation for CHD to act as applicant

12 Jun 15                  Amended plans received

22 Jun – 7 Jul 15     Re-notification

6 July 15                    Applicant advised that application was to be conditioned to comply regarding internal seating area and location of new roller door

7 Jul 15                      Amended plans received incorporating the above changes

14 Jul 15                    Stop the Clock letter to provide all five (5) car parking spaces on site

15 Jul 15                    Amended plans received incorporating the above changes

 

DESCRIPTION OF THE SITE AND LOCALITY

The site is legally described as Lot 61 in DP 15552 and is known as 61 Barry Avenue, Mortdale. The site is described as follows 24.38m along the northern front boundary, 24.38m along the eastern side boundary, 27.43m along the southern rear boundary, 21.33m along the western side boundary and 4.41m along the north western splay with a total site area of 663.9sqm.

 

An industrial warehouse building (approx. 330.16sqm) is located within the western and central portion of the site. The site contains three (3) existing driveway crossings to Barry Avenue.  The area on the western part of the site is used for storage and contains an outbuilding and bathroom.

 

Surrounding the site several pits and Telstra pits are located within the Council reserve to Barry Avenue. The surrounding area comprises of industrial uses of varying business types. 

 

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

“light industry”

Proposal meets definition

Yes

2.3 - Zone objectives and Land Use Table

Meets objectives of IND2 Zone

 

 

Development must be permissible with consent

Proposal adequately meets objectives and is permissible in zone

 

Development consent sought as part of application 

Yes

 

 

 

Yes

2.7 - Demolition

Demolition is permissible with consent

Partial demolition sought for building

Yes

4.3 – Height of Buildings

10m as identified on Height of Buildings Map

6m

Yes

4.4 – Floor Space Ratio

1:1 as identified on Floor Space Ratio Map

0.52:1

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

Appropriate services provided, stormwater drainage provided subject to conditions of consent.

 

 

 

Adequate services provided as conditioned

 

 

 

 

Stormwater to drain via OSD and then gravity to Anderson Road

 

Vehicular access granted via Barry Avenue (3 existing vehicular crossings unchanged)

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

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

 

2.      Draft Environmental Planning Instruments

 

DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010

The proposal has been considered in accordance with the provisions within the SEPP and is considered to be satisfactory.

 

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.

 

Fire upgrade

Standard conditions applied. 

 

3.      Development Control Plans

The proposal has been assessed under the relevant provisions as per below.

 

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

Requirements

Proposal

Complies

3.1.4.1 - Parking

1 space per 40 GFA (office)

 

 

1 space per 100sqm GFA (manufacturing)

 

5 spaces required

Office:16.5sqm

 (1 space)

 

Manufacturing: 311sqm

(4 spaces)

 

3 spaces within front setback and 2 spaces within building. 2 car spaces within the building are accessed by an existing roller door

     Yes

 

 

Yes

 

 

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

3.1.4.3 – Stencilling of driveways

Finished with plain concrete

Yes

Yes

3.1.4.4 – Ramps transitions, driveways

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

 

Longitudinal section 1:20 to be provided with development application

Standards satisfied and conditioned as part of Construction Certificate

Yes

3.1.4.6 – Parking for people with a disability

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

Complies with standard, accessible space provided

Yes

 

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

The proposed development satisfies the objectives of Section 3.3 Access and Mobility.

 

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

The proposed development satisfies the objectives of Section 3.4 Crime Prevention through Environmental Design.

 

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

The proposed development also complies with the requirements of Development Control Plan No 1 – LGA Wide.

 

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

The proposal has adequately satisfied the requirements of this subsection. The proposal is conditioned to drain to an OSD then via gravity to Anderson Road. Council’s Development Engineer has supported the proposed works subject and drainage conditions attached to the determination.

 

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 5.3 LIGHT INDUSTRIAL AREAS

The proposal forms alterations and additions to an existing industrial unit, given the circumstances of the site the applicable relevant controls have been applied as per below.

 

Section 5.3

Standard

Proposal

Complies

5.3.3 – Setbacks

Primary setback to Barry Avenue 4.5m with no change to secondary setback to Anderson Road

 

3m min landscaped area

 

No car parking spaces, building or storage proposed within front setback unless within nominated areas or where it can be shown that the use of the front setback area will be of a particular benefit of the site

4.57m

 

 

 

 

 

No change to existing

 

 

Three (3) car spaces located within front setback

Yes

 

 

 

 

 

Yes

 

 

No (1)

5.3.4.1 – Height (as per HLEP 2012)

9m

6m

Yes

5.3.4.2 – Materials and Finishes

Schedule of finishes to be provided

 

Reflective surfaces on external walls maximum 20%

Match existing - satisfactory

 

Less than 20%

Yes

 

 

Yes

5.3.4.4 – Building Form

Buildings must present a satisfactory façade to the street

Masonry construction to complement existing

Yes

5.3.5.4 – Amenity

An outdoor eating and sitting area is to be provided within sites at a rate of 1sqm per employee with a total area of 10sqm (min)

Seating area for 3 persons internally located with 10.38sqm provided

No (2) – seating located inside building instead of outside

5.3.6 – Vehicle Access and Parking

Car parking bays to comply. Access provisions to comply

 

Car parking should be adequately sign posted and were required to provide parking for people with a disability

Adequate car parking provision provided

 

 

Car parking signage conditioned to comply

Yes

 

 

 

Yes

5.3.6.1 – Where possible, parking is to be provided at the rear of buildings or below ground level

 

5.3.6.2 – Layout, circulation, access and egress

Where possible, parking is to be provided at the rear of buildings or below ground level

 

 

 

Compliant with Australian Standards

Not possible due to existing building alignment

 

 

 

 

Conditioned

Yes

 

 

 

 

 

 

Yes

5.3.7 – Acoustics

Hours of operation is restricted to avoid any undue or unreasonable noise nuisance upon surrounding residential areas.

 

Development designed to minimise the possibility of noise to the occupants of adjoining or neighbouring dwellings

 

Noise control measures for any particular source take account for potentially affected sites

Hours proposed are considered to be reasonable given significant distance to residential areas

 

 

As above

 

 

 

 

 

 

As above

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

5.3.7.1 – Provision

Must not exceed Noise background levels 65dB(A)

Conditioned

Yes

5.3.7.3 – Hours of Operation

7.00am to 7.00pm Monday to Saturday, no work on Sunday (not near residential)

6.30am to 5.00pm Monday to Friday, Closed Saturday and Sunday

No (3)

5.3.8 – Energy Efficiency and Services

Energy efficiency objectives to be satisfied

Objectives met

Yes

5.3.8.1 – Solar

Solar objectives to be satisfied

Objectives met

Yes

5.3.8.2 – Energy

Energy objectives to be satisfied

Objectives met

Yes

5.3.8.3 - Water

Water objectives to be satisfied

Objectives met

Yes

5.3.8.4 – Utility Location

Utility Location objectives to be satisfied

Existing utilities on site

Yes

5.3.9 – Waste Management

Waste Management Plan to be provided

Satisfactory waste management plan provided

Yes

5.3.9.1 – Capacity and Size

Objectives to be met

Objectives met

Yes

5.3.9.2 – Construction

Objectives to be met

Objectives met

Yes

5.3.9.3 –Placement

Objectives to be met

Objectives met

Yes

5.3.9.4 – Access

Objectives to be met

Objectives met

Yes

5.3.10 – Drainage and  5.3.11 – Stormwater

Drainage and stormwater requirements to be met

Objectives satisfied

Yes

 

Stormwater Assessment

Existing Stormwater System

Gravity to street (side street, a corner property) to Anderson Road

Proposed Stormwater System

Gravity to street

Stormwater objectives for development type met?

Yes

Slope to rear (measured centreline of site)

Yes, but with gravity fall to the side street to Anderson Road

Gravity to street (from property boundary to street kerb)?

Yes

Discharge into same catchment?

Yes

Easement required?

No

 

(1) Setbacks - Car parking location

Clause 5.3.3 – Setbacks requires a minimum of 3m of landscaping within the front setback, this area is not to consist of buildings, car parking or manoeuvring areas.

 

It also states that “the above clause does not apply.... where it can be shown that the use of this front setback will be of a particular benefit to the site (this will mainly apply to those light industrial sites located within the vicinity of the corner of Stanley and Lorraine Streets, which may use this area for car parking)”.

 

This proposal seeks the location of three (3) car parking spaces forward of the building line and is not located within the vicinity of the corner of Stanley and Lorraine Streets. It is considered that Barry Avenue shares similar limited on street parking as Stanley and Lorraine Streets. The front setback already contains existing hardstand area. The proposed variation is considered to be acceptable for the following reasons;

·          The proposal would allow for improved functionality and accessibility with two (2) car spaces and one (1) accessible space proposed to facilitate the existing use given the limited on-street parking available.

·          The proposed variation results in a negligible streetscape impact as the front setback is already concreted and is similar to that of the existing character.

·          The proposed location of car parking is considered to be reasonable given the proposed addition of the site. The proposal results in a floor space ratio of 0.52:1 whereby a maximum of 1:1 is permitted.

·          No adverse traffic or car parking impacts are generated by this variation.

 

For the reasons above the proposed variation is considered to be acceptable.

 

(2) Amenity - Outdoor seating

Clause 5.3.5.4 – Amenity requires an outdoor seating area at a rate of 1sqm per employee with a minimum area of 10sqm. The proposal seeks to employ three (3) employees. A revised seating area of 10.38sqm has been provided which is indoor instead of outdoor. This is considered acceptable as usable employee amenity has been provided and is not affected by the outdoor elements. This does not result in any poor amenity or material planning impacts.

 

(3) Hours of operation

Clause 5.3.7.3 – Hours of Operation prescribes 7.00am to 7.00pm Monday to Saturday, no work on Sunday (for sites not near residential uses). The proposal seeks the hours of 6.30am to 5.00pm Monday to Friday, closed Saturday and Sunday. The proposal is an automotive electrical repair facility and is not near residential dwellings with closest dwelling house 284sqm approximately to south west. This is not considered to result in an unacceptable amenity impact. In this regard, the minor variation to the hours are considered to be acceptable and does not result in any unreasonable impacts.

 

4.      Impacts

 

Natural Environment

No adverse natural environmental impact conditions of consent, have been imposed in relation to, appropriate stormwater drainage.

         

Built Environment

No adverse material built environment impact given the industrial nature of the development and surrounding industrial zoning. The proposal seeks to provide an improvement to the existing by providing all car parking spaces on site.

         

Social Impact

No adverse material social impact subject to conditioning of hours of operation to comply with Council’s adopted hours.

         

Economic Impact

No adverse material economic impact.

 

Suitability of the Site

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

 

5.      REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

 

Resident

Adjoining residents were notified and renotified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal.  In response, no submissions were received. Subsequent plans were not renotified as it did not generate a greater impact.

 

Council Referrals

 

Senior Environmental Health and Building Surveyor

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

 

Development Engineer

Council’s Development Engineer supports the proposal subject to drainage conditions of consent to ensure adequate drainage.

 

Manager Infrastructure

Council’s Manager Infrastructure raises no concerns with the proposal in terms of car parking location, traffic or manoeuvrability.

 

6.      CONCLUSION

The proposal has been considered in accordance with the relevant planning controls and is acceptable for the reasons contained within this report subject to conditions of consent.

 

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2014/1117 for alterations and additions to an existing industrial unit on Lot 61 in DP 15552 and known as 61 Barry Avenue, Mortdale, subject to the attached conditions:

    

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

 

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

 

Reference No.

Date

Description

Revision

Prepared by

Sheet 1 of 5

July 15

North and South Elevations

C

CHD

Sheet  2 of 5 

July 15

Site Plan and Concept Drainage Plan

C

CHD

Sheet 3 of 5

July 15

East and West Elevations

C

CHD

Sheet 4 of 5

July 15

Section

C

CHD

Sheet 5 of 5

July 15

Parking Plan

C

CHD

 

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:

 

            Please contact council prior to the payment of Section 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

 

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable)

       (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

$410.00

31 Oct 14

2023469

Plan First Fee

X

$51.20

31 Oct 14

2023469

Notification Fee

X

$320.00

31 Oct 14

2023469

Company Search Fee

X

$20.00

31 Oct 14

2023469

Long Service Levy

 

$350.00

 

 

Builders Damage Deposit

 

$1,500.00

 

 

Inspection Fee for Refund of Damage Deposit

 

$140.00

 

 

 

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

 

PCA Services Fee

 

$800.00

 

 

Construction Certificate Application Fee

 

$800.00

 

 

Construction Certificate Imaging Fee

 

$69.00

 

 

 

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

 

3.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

4.         GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

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

(b)     Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $140.00.

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

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

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

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

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

 

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

 

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

 

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

(a) Placing or storing materials or equipment;

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

(c)  Erecting a structure or carrying out work

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

 

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

 

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

 

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

 

6.         APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

 

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

 

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

 

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

 

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

 

9.         GOV1006 - Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

 

10.       GOV1010 - Ausgrid - Substation or Kiosk - Ausgrid shall be consulted to determine if an electricity distribution substation is required. If so, it will be necessary for the final film survey plan to be endorsed with an area, having the required dimensions as agreed with Ausgrid, indicating the location of the proposed electricity distribution substation site. The substation must be located within the boundary of the development site, or within the building, subject to compliance with the Building Code of Australia. The substation site to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. For details visit www.ausgrid.com.auor call 131365.

(a)     written confirmation of Ausgrid's requirements is to be submitted prior to the issue of the Construction Certificate; and

(b)     Ausgrid's requirements are to be met before the issue of the Occupation Certificate.

 

11.       GOV1011 - Ausgrid - Underground electrical conduits - Ausgrid is to be consulted to determine if underground electricity conduits are to be installed in the footway. If so, the developer is to install the conduits within the footway across the frontage/s of the development site, to Ausgrid's specifications. Ausgrid will supply the conduits at no charge. The developer is responsible for compaction of the trench and restoration of the footway in accordance with Council direction. For details visit www.ausgrid.com.au or call 131365.

(a) a copy of Ausgrid's requirements is to be submitted to Council before issue of the Construction Certificate;

(b) Where conduits are to be installed, evidence of compliance with Ausgrid's requirements is to be submitted before the issue of the Occupation Certificate.

 

Where works within the road reserve are to be carried out by the beneficiary of this consent, a Road Opening Permit Application must be submitted to, and approved by, Council before the issue of the construction Certificate.

 

12.       GOV1012 - Ausgrid - Clearances to electricity mains - If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, Ausgrid is to be consulted to determine if satisfactory clearances to any existing overhead High Voltage mains will be affected. If so, arrangements are to be made, at your cost, with Ausgrid for any necessary modification to the electrical network in question. For details visit www.ausgrid.com.auor call 131365.

 

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.       CC7001 - Council as PCA - Plans required to demonstrate compliance with 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:

a) Fire safety services and equipment including hydrant, hose reel, portable fire extinguishers, emergency lights, exit signs, smoke hazard management systems, etc.

b) Exit travel distances that demonstrate compliance with the BCA.

c) Disabled access that complies with the Premises Standards, the BCA and with AS 1428.1

d) Fire protection to openings and to existing walls to comply with the BCA.

 

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

 

15.       CC7016 - Building - Partial conformity with the BCA - Clause 93 and 94 EP&A Regulation 2000 - Pursuant to Clause 93 and/or 94 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

a)     Access and egress from the building - Section D.

b)     Fire Protection to new openings including to existing openings affected by the proposed alterations and additions, that stand less than 3 metres from the boundary or fire source feature - Section C.

c)      Fire safety services and equipment - Section E.

d)     Fire protection to existing walls in regards to FRL’s where it is proposed to carry out any work - Section C.

 

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

 

16.       CC3001 - Development Engineering - Stormwater System -

 

Reference No.

Date

Description

Revision

Prepared by

1423 DRWG. 2

June 15

Site Plan + Concept Drainage

A

Contemporary Home Design

 

The above 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 via an On Site Detention system to Council's kerb and gutter directly in front of the development at its street frontage to Anderson Avenue in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

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

 

Design details and certification shall be submitted for approval with the Construction Certificate application.

 

17.       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.

 

18.       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.

 

19.       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

 

20.       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

(h)     retaining walls

(i)      stabilizing works

(j)      structural framework

 

21.       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.

 

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

 

23.       CC8009 - Waste - Waste Storage Containers - Specialised Industrial Uses - The following waste and recycling facilities will be required:

(a) General Waste Facilities - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

(b) Industrial Waste - that is solid waste derived from the manufacture or repair of equipment - specialised containers appropriate for the nature of waste derived from the manufacture or repair of equipment; and,

(c)  Recycling Facilities - appropriate recycling facilities to be provided.

 

All waste and recycling containers shall be stored in an approved waste storage area within the confines of each sole occupancy unit that is large enough to house the required number of bins, appropriate for the intended use of each sole occupancy unit.

 

Details of the Waste Storage Area must be illustrated on the plans submitted with the application for the Construction Certificate.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

(a)        Set out before commencing excavation.

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

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

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

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

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

(h)       Other.

      

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

 

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

 

DURING WORK

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

 

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

 

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

 

30.       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.