Agenda of Georges River Independent Hearing Assessment Panel (IHAP)

Georges River Council – Independent Hearing and Assessment Panel Tuesday, 19 December 2017

Page 3

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Tuesday, 19 December 2017

IHAP Report No	3.1	Application No	DA2015/0278
Site Address & Ward Locality	815 Forest Road Peakhurst Peakhurst Ward
Proposal	Use of Church Site as a Monthly Market on Friday Evenings
Report Author/s	Coordinator Development Assessment
Owners	Sydney Catholic Achdiosese
Applicant	Kisari Farmers Market
Zoning	Zone SP2 - Infrastructure
Date Of Lodgement	4/08/2015
Submissions	One hundred and ten (110) submissions
Cost of Works	N/A – temporary use
Reason for Referral to IHAP	Number of submissions

Recommendation

That the application be approved in accordance with the conditions included in the report for a twelve (12) month trial period.

Site Plan

Executive Summary

Proposal

1. Council is in receipt of an application for the operation of a market containing fifty six (56) stalls and proposing to operate on a weekly basis on the subject site. When the application was originally submitted it was proposed to run the market on a weekly basis. This was later revised to monthly based on the outcomes of the notification process.

Site and Locality

2. The site is located on the south eastern corner of Forest Road and Isaac Street, Peakhurst. The site is currently used as a place of worship – Our Lady of Fatima Catholic Church. The market is carried out on the existing bitumen covered car parking area.

Zoning and Permissibility

3. The site is zoned SP2 – Infrastructure (Church) under Hurstville Local Environmental Plan 2012 and the proposal is not listed as permissible form of development. The development is only permissible through the provisions of Clause 2.8 – Temporary Use of Land of the LEP.

Submissions

4. Eighty five (85) submissions against the development were received raising the following concerns:

· Traffic and parking

· Objection to frequency being weekly (as originally proposed)

· Noise

· Zone objectives

Twenty five (25) submissions were received in favour of the proposal. The points raised in support include:

· Vibrant community event

· Good chance to engage with local community

· Opportunity to but produce not available in local area

Conclusion

5. Having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No. DA2015/0278 should be approved subject to the conditions of this report including twelve (12) month approval to allow elements of the Plan of Management to be monitored and issues addressed at that time. Further conditions imposed regarding hours of operation, acoustic requirements, lighting, restricted number of stalls, etc.; and an updated Plan of Management.

Report in Full

Proposal

6. Council is in receipt of an application for the operation of a market containing fifty six (56) stalls and proposing to operate on a monthly basis on the subject site. The original application proposed a weekly market, however the applicant has agreed to a monthly market.

The application proposes:

- A market (general food, fresh produce and a range of organic products), to operate on a temporary basis – the applicant has proposed a market once per month on Fridays – typically the last Friday of the month

- The hours of the market are proposed to be from 3.00pm to 9.00pm with set up from 1.00pm – 3.00pm and take down from 9.00pm to 11.00pm

- Fifty six (56) stalls are proposed. The stalls are proposed to sell fresh foods (eg fruit, vegetables) and stalls for food for immediate consumption (eg hot foods, ice cream etc)

- The application does propose stalls that will include the preparation and cooking of food on site

- Temporary lighting for the market is in the form of string lights and power is proposed through some portable generators

- There are toilet facilities available in the existing church hall for the use of the customers of the market (further toilet facilities are recommended)

- Vehicular access to the market by the stall holders during the set up time (1.00pm-3.00pm) is available via Forest Road and Isaac Street

- There is no parking for the general public on the site

- The market is accessed by pedestrians from both Forest Road and Isaac Streets

- It is estimated that the capacity of the market is 3,500 to 5,000 over a six (6) hour period

The market has been operating on the last Friday of the month since June 2015 without Council consent.

$Description: C:\Users\llocke\AppData\Local\Temp\Temp1_D15 97674 815 Forest Photos 31.07.2015.ZIP\815 Forest (16).JPG$

Photograph of the market in operation as taken by Council staff

$Description: C:\Users\llocke\Desktop\Market photo.jpg$

Photo of the market from the Peakhurst Foodies and Farmers Market Facebook Page

The Site and Locality

6. The site is located on the south eastern corner of Forest Road and Isaac Street, Peakhurst. The site is currently used as a place of worship – Our Lady of Fatima Catholic Church.

The entire church site has a frontage of approximately 80m to Forest Road and a frontage of approximately 110m to Isaac Street to the west. The southern, rear boundary, is approximately 116m in length and the boundary to the east is irregular.

Aerial photograph with the site circled in yellow

The site as viewed from north eastern corner of Forest Road and Isaac Street.

The site viewed from the opposite side of Isaac Street

Immediately to the east of the subject site is the northern part is Gannons Park, a Council owned park zoned RE2 – Public Recreation. Gannons Park is a significant open space used for sporting activities and passive recreation.

Immediately to the south of the subject site at 821 Forest Road is Grandview’s Bowling Club. This site is occupied by a registered bowling club comprising of three bowling greens, a single level club building and associated car parking, access and landscaping.

To the west and the north of the site on Forest Road and Isaac Streets is low density residential development comprising mainly single dwellings, with some multiple dwelling developments.

Aerial photo showing the broader context of the site and the locality.

The portion of the site that the market is proposed to operate on is the bitumen car park at the “front” of the site. The diagram below shows the indicative layout of the market stalls.

Background

7. On 22 July 2015 Council issued a Notice of Intention to Serve an Order against the operation of the market because they were operating without development consent.

On 4 August 2015 the Development Application for a food market was lodged with Council. A Plan of Management was submitted upon request of Council. This outlined operational matters such as setting up and packing up of stalls, and ensuring appropriate staffing are on hand.

On 11 August 2015 Council Officers requested additional information from the applicant in terms of layout of stalls and more comprehensive traffic information.

27 October to 13 November 2015 notification and advertising was undertaken.

On 10 March 2016 additional information was received relating to the Plan of Management for the market.

November 2017 Council received additional information relating to the operation of the market including patron numbers etc.

The market has been operating without development consent. Since the neighbour notification period, Council has received minimal complaints regarding the operation. These have been relayed to the Market Organisers who have made changes to rectify those issues where possible.

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

Part 2 – Permitted or Prohibited Development

Clause 2.1 – Land Use Zones

The property is zoned SP2 – Infrastructure pursuant to the Hurstville Local Environmental Plan 2012.

Pursuant to the Hurstville Local Environmental Plan the objectives of the SP2 – Infrastructure Zone are as follows:

· To provide for infrastructure and related uses

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

The uses that are permissible without consent in the SP2 zone are nil.

Uses that are permitted with consent are relevantly, the purpose shown on the land zoning map (infrastructure) including any development that is ordinarily incidental or ancillary to development for that purpose. Any other development is prohibited.

The proposed use is defined as a market. According to the Hurstville Local Environmental Plan 2012 a market is defined as follows: “an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis”

Market is not listed as a permissible use in the zone its own right.

The use that is shown on the land zoning map is a church. Accordingly, in order for the market use to be permitted it must be shown that it is ordinarily incidental and/or ancillary to use of the premises as a church.

The markets do not have any connection to the church, except that it is proposed that they operate from the property. It is considered that the proposed use of the site for the purposes of a market cannot properly be categorised as incidental or ancillary to the use as a church. If the market was run by the Church sporadically (eg annual fete; spring fair; fundraiser etc.) it could be classified as incidental or ancillary to a regular church function.

Further to this, whilst there are examples of markets on other SP2 zoned sites around Sydney, these uses are not the ‘norm’ and therefore cannot be classed as “normally incidental” to the SP2 uses.

In its current form the market is considered to be a separate use.

Given the above, the only way that consent can be granted to the use is via Clause 2.8 Temporary Use of Land of the LEP.

The following provides an assessment of the proposal under Clause 2.8:

2.8 Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

Comment: The use is temporary in nature in that all stalls and associated structures etc. are removed at the conclusion of every market event. The markets do not compromise the future development of the land for church purposes as allowed by the zoning.

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

Comment: It is proposed that the market be limited to 12 days in every 12 months – i.e. once per month only.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

Comment: the use will not prejudice the carrying out of any subsequent development on the land as it does not require any alteration to the existing building or site.

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

Comment: The application has been reviewed in terms of traffic impact and this is discussed in further detail in a subsequent part of this report.

The application has been accompanied by a Plan of Management that aims to minimise any potential amenity impact on the neighbourhood. Further to this, conditions of consent have been recommended by Council’s Environmental Health Officer and Coordinator Environmental Sustainability and Waste to ensure that there will be no adverse impact.

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

Comment: The temporary structures are located on existing bitumen area and will not have any impacts in terms of natural hazards or environmental features. No trees or vegetation are affected by the temporary nature of the development.

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use”.

All temporary structures including stalls, cooking equipment, information stands, waste bins etc are removed at the conclusion of every market event.

It is recommended that the markets will operate to a plan of management to ensure that the site is left in a tidy condition and free of rubbish.

Part 4 – Principal Development Standards

There are no development standards that apply to the site.

Part 6 – Additional Local Provisions

Clause 6.1 – Acid Sulfate Soils

The subject site is not shown as being affected by acid sulfate soils as identified on the Acid Sulfate Soil Map.

STATE POLICIES

STATE ENVIRONMENTAL PLANNING POLICY NO 55

9. The application does not propose the disturbance of any land or any permanent works to be carried out. Notwithstanding this, the site has been used as a church since 1967 and was used as residential use prior to that. Given the uses of the land it is unlikely that the site is contaminated.

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

10. There are no draft planning instruments that are applicable to this site.

DEVELOPMENT CONTROL PLANS

11. There are no controls that relate to this form of development in Hurstville Development Control Plan No 1.

ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACTS

12.

Vehicular access, Parking and Circulation

Parking

When the development application was originally submitted to Council it was accompanied by a traffic report. Upon review of that report the applicant was advised that the report needed to be amended for as the report did not make an adequate assessment of the distribution of where the traffic is expected to come from and the impact of traffic on the nearby intersections. The report also failed to properly consider the on-street availability of car parking during the peak times for the market.

A further supplementary traffic report submitted as part of the application contained a survey of all available unrestricted parking spaces. Council’s Engineers suggested a catchment area of parking spaces that should be surveyed. The following diagram shows the extent of the area surveyed for on-street parking. In total it was determined there are 783 on-street public car parking spaces.

A parking survey of the area was conducted by the applicant’s traffic engineer during a market event (25 September 2015). The peak occupancy level was recorded at 6pm – where 270 spaces were occupied. The peak occupancy period indicates a 35% occupancy level.

The report from the applicant concludes that the peak parking demand anticipated to be generated from the subject proposal is unlikely to exhaust the overall car parking availability in the site vicinity or impose any adverse impacts on existing parking conditions.

Council’s Traffic Engineers also conducted their own independent review of the parking impacts of the development. The review was undertaken on a Friday one (1) week prior to a market day and also on a market day. The dates for the survey were 21 August 2015 and 28 August 2015.

On market days, Council’s traffic engineers had observed that in the streets close to the market the parking was at nearly 100% capacity, although turnover of car parking spaces was frequent.

During and following the notification period Council received some complaints about vehicles being parked too close to driveways and intersections. It is recommended that on market nights that a traffic controller, employed by the market operator undertake regular foot patrols of the surrounding streets to ensure that cars parked to not impede residential driveways. A condition of consent has been recommended to this effect.

It is also recommended that Council rangers undertake regular patrols of the area during market events.

Traffic impacts

Both the Council’s assessment of traffic impacts and the applicant’s traffic report identify that there is an increase in traffic and some queuing at the roundabout at the intersection of Forest Road and Isaac Street. Both reports conclude that the other intersections within the vicinity of the market were not greatly affected.

The applicant’s traffic engineer concludes “it is evident that the food market operations do not impose any adverse impacts on existing traffic conditions (i.e. vehicle queuing and delays) in the site vicinity.”

Council’s Traffic Engineer reviewed the applicant’s report and stated that it reflected Council’s own observations.

Support from Council’s Engineer was given for the development to run once per month only and on the proviso that no increase in the number of stalls should be considered.

Neighbourhood Amenity

The application has been amended a number of times in an effort to reduce any impacts on the amenity of the surrounding area. The amendments to the application include:

- Reducing market frequency from weekly to once per month

- Deleting the proposal for rides at the markets

- Deleting live music

- The applicants have stated that there will be no alcohol for sale for consumption on the premises

- A Plan of Management for the operation of the market

A Plan of Management was submitted upon request of Council. This outlined operational matters such as setting up and packing up of stalls, and ensuring appropriate staffing are on hand. However, a condition of consent is recommended that the following additional information be included in the Plan of Management:

- Staff member to make regular patrols of Forest Rd and Isaac Streets to monitor parking, and

- Any discarded rubbish in this section of Forest Rd and Isaac Street is to be collected.

Further to this, Council Officers have recommended strict operational controls in terms of hours of operation, the requirement for an acoustic report and limitations on the number of stalls to be present at any one time.

Submissions

13. In accordance with the provisions of Council’s notification requirements, the application was placed on neighbour notification for a period of fourteen (14) days where adjoining property owners were notified in writing of the proposal and invited to comment. There were a total of twenty five (25) submission received in support of the development and eighty five (85) submissions against the development. Of the eighty five (85) submissions against the development 21% stated that they have no objection to markets once per month.

Of the eighty five (85) submissions received against the development the following concerns were raised.

Traffic and parking – concerns about the increase in traffic and traffic delays and the lack of off-street car parking spaces. Residents also raised concerns about illegal parking and the obstruction of driveway access to residential properties (56% of submissions raised this concern).

Comment: A full assessment of the traffic and parking impacts of the development can be found in an earlier section of this report.

A condition of consent is imposed for traffic controllers/monitors to patrol the adjoining streets to insure that patrons of the market park appropriately.

Rides – there is objection to the provision of rides or ‘carnival games’ at the market due to noise issues and the fact that rides are not normally associated with “foodies” markets (13% of submissions).

Comment: Following concerns raised by the residents and council the applicant has stated that there will no longer be rides offered at the market. A condition of consent will be imposed to this effect.

Food handling - Markets are not subject to the same regulations as other food businesses in terms of food handling, sanitation etc (16% of submissions).

Comment: The markets are subject to the requirements of the Food Act and relevant standards. Council’s Health Officers have reviewed the proposal and have recommended stringent conditions relating to food safety.

Definition - The markets are not really a “farmers’ market” – they are a commercial venture (20% of submissions).

Comment: The applicant has stated that the markets sell fresh and cooked food. This report assessed the markets as a retail use (markets) and has considered the impacts as such.

Pedestrian Safety – there is a concern for pedestrian safety. There is a lack of places to safely cross the road and inadequate street lighting (14% of submissions).

Comment: A condition is recommended for a traffic control officer to ensure that people are parked appropriately and do not obscure the line of vision for vehicles by ensuring distances from corners etc.

Hours of operation – concern about the proposed hours (3% of submissions).

Comment: The finishing time of 9pm is not considered inappropriate on a Friday night. A condition is recommended ensuring compliance with the Plan of Management to minimise any impacts.

Permissibility – concern that the use is not permissible in the SP2 zone (18% of submissions).

Comment: See assessment above. The use is not considered permissible in the zone, however the use can be considered under Clause 2.8 of the LEP.

Toilets - Inadequate toilet facilities are provided (10% of submissions).

Comment: There are six (6) x toilets provided in the existing church buildings. A further condition is recommended for an additional accessible toilet and six (6) x portable toilets to be provided. These may be provided in the main market area. There is no standard for the amount toilets to be provided, however City of Sydney’s Public Toilet Strategy has been used as a guide.

Rubbish - Concern about litter and rubbish after a market event (19% of submissions).

Comment: Council’s Coordinator Environmental Sustainability and Waste has reviewed the proposal and recommended conditions relating to rubbish removal. Further to this an additional condition is recommended to update the plan of management submitted so that the market operators do a check of the local area to collect rubbish.

Anti-social behaviour - There should be no sale of alcohol for consumption at the market. Residents were concerned about anti-social activities concerned (34% of submissions).

Comment: the applicant has specified that there will be no sale of alcohol during the markets. A condition of development consent is recommended to ensure this.

Noise – concerns mainly raised in relation to amplified music and proposed rides (20% of submissions).

Comment: The applicant has stated that there will be no amplified music or PA system and the proposal has been amended so that rides no longer form part of the proposal. A condition of consent is recommended to ensure this.

Security – concerns raised over the lack of security for the markets. There are concerns that there is inadequate crowd control and this could lead to antisocial activities (18% of submissions).

Comment: The Plan of Management (PoM) submitted with the application states that security will be present. A condition is recommended to adhere to the PoM.

Impact on local businesses – submissions were concerned that the weekly market would have an adverse impact on other small businesses in the area in terms of potential loss of customers (22% of submissions from residents; 6% of submissions from other local businesses).

Comment: Many of the stalls operating at the market provide foods that are not readily available from the local area. Notwithstanding this, as the market is only being held once a month the market is unlikely to have an ongoing negative economic impact.

Of the letters of support received the issues raised were:

- The market is a vibrant event

- It is good for the community

- It provides something to do in the area

- It is an opportunity to buy and try produce and new things not currently available in the local area

Internal Referrals

14.

Coordinator Environmental Sustainability and Waste

“As the venue is private property the owner is responsible for removal of all waste from the property after each Market event.

The stall holders must remove all waste generated by them and the owners must provide sufficient bins for any additional waste generated.

Visitors to the markets are not to use neighbours bins to dispose of their waste.”

A further condition is recommended for the Plan of Management to be amended to ensure that the market organisers collect any rubbish left in the nearby streets from the patrons of the market.

Coordinator Environmental Health

Objection to the market being held more than once per month, however, the Coordinator has imposed operational conditions relating to food safety, noise and mandatory inspections based on a monthly market and where new stalls are open.

Senior Traffic Engineer

As discussed above, Council’s Senior Traffic Engineer has raised no objection to the market being held once per month.

CONCLUSION

15. The application has been assessed having regard to the Heads of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of the relative State Environmental Planning Policies and Local Environmental Plan. The temporary use of the site for a market once a month is considered to be acceptable.

A condition of consent is recommended that the following additional information be included in the Plan of Management:

- Staff member to make regular patrols of Forest Road and Isaac Street to monitor parking, and

- Any discarded rubbish in this section of Forest Road and Isaac Street is to be collected.

Also, specific conditions have been imposed regarding hours of operation, acoustic requirements, lighting, restricted number of stalls, etc.

Following detailed assessment it is considered that Development Application No DA2015/0278 should be approved for a twelve (12) month trial period subject to the following conditions. This will allow Council the ability to monitor the operation with the restrictions imposed.

1. Duration of Consent - The duration of this consent is limited to a trial period of twelve (12) months from the date of this Determination Notice. In this regard, a separate application shall be lodged before the expiration date for Council’s consideration should the continuation of the use be proposed.

If no application is lodged to modify this condition and extend/delete the trial period, this consent shall lapse at the end of the trial period.

2. Plan of Management - Prior to the commencement of this consent the Site Management Plan – Organic Foodies Market dated 9 March 2016 submitted with the development application must be amended in the following manner:

- A provision shall be made for a staff member to make regular patrols of Forest Road and Isaac Street to monitor patrons car parking to ensure that driveways are not obstructed

- At the conclusion of each event a staff member must undertake a ‘patrol’ of Forest Road and Isaac Street and collect any rubbish that has been discarded from market patrons

3. Hours of Operation/Frequency - The market shall operate a maximum of one (1) Friday per month. Set up of the market may commence from 1.00pm. The hours of operation of the market open to the public is limited from 3.00pm to 9.00pm. All stalls shall be disassembled and the site vacated and left in a tidy manner free of waste by 11.00pm

4. Acoustic Requirements - The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 (as amended) and Regulations.

Within three (3) months of the date of this consent an Acoustic Report muts be submitted to Council. This report shall be prepared by a suitably qualified acoustic consultant demonstrating that the operation of the premises and plant equipment does not give rise to a sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB. The source noise level shall be assessed as a LAeq, 15 min in accordance with the NSW Environment Protection Authority’s NSW Noise Policy for Industry (2017).

5. Ongoing Plan of Management - All market events shall be conducted in accordance with Site Management Plan – Organic Foodies Market dated 9 March 2016 as amended.

6. 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).

7. Lighting – General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare. Flashing, moving or intermittent lights or signs are prohibited.

8. 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.

9. Amplified sound equipment and musical instruments including live bands - There shall be no live bands, musical instruments and amplified sound equipment permitted to be used in the proposed development at any time except in an emergency where the situation poses an immediate risk to public safety.

10. Temporary stalls – Restricted Numbers - There shall be no more than fifty six (56) stalls (including mobile vehicles) permitted at any one market event. Of the fifty six (56) stalls (including mobile vehicles), there shall be no more than forty (40) stalls or mobile vehicles permitted to sell food at any one market event. The definition of ‘Food’ and ‘Sell’ is defined under the Food Act 2003. There shall be no ‘rides’ or amusement games operating at any time

11. Restriction on Alcohol - There shall be no alcohol available for immediate consumption on the site

12. Temporary food stalls and mobile food vehicles information - A list of temporary food stalls and mobile food vehicles attending the market event must be submitted to Council at least ten (10) days before each market event. The list must include the following information:

(a) Temporary Food Stalls:

I. Company or sole trader’s name – If stall is run by a Trust, director/s of the trust is to be provided,

II. Australian Business Number (ABN) / Australian Company Numbers (CAN),

III. Address of company or sole trader – Exclude PO Box address

IV. Trading name,

V. Type of food sold,

VI. Contact name,

VII. Contact number,

VIII. Contact e-mail address, and

IX. Food Safety Supervisor (FSS) number (FSS is only required if food sold is ready to eat, potentially hazardous and not sold and served in the supplier’s original package)

(b) Mobile Food Vehicles:

a. Company or sole trader’s name – If stall is run by a Trust, director/s of the trust is to be provided,

b. Australian Business Number (ABN) / Australian Company Numbers (CAN),

c. Address of company or sole trader – Exclude PO Box address,

d. Trading name,

e. Type of food sold,

f. Contact name,

g. Contact number,

h. Contact e-mail address,

i. Food Safety Supervisor (FSS) number (FSS is only required if food sold is ready to eat, potentially hazardous and not sold and served in the supplier’s original package), and

j. Vehicle registration number.

13. Registration of Temporary Food Stalls and Mobile Food Vehicles - All temporary food stalls and mobile food vehicles must register their business with Georges River Council at least ten (10) days prior to trading at the market event.

Temporary stalls and mobile food vehicles who registered with Georges River Council within twelve (12) months of attending the market event do not require re-registering.

14. Temporary Food Stalls and Mobile Food Vehicles - Set up and operation - The set up and operation of temporary food stalls and mobile food vehicles shall be in accordance with the:

· Food Act 2003 (as amended),

· Food Regulation 2010 (as amended),

· “Guidelines for Food businesses at Temporary Events” (as amended) published by the NSW Department of Primary Industries – Food Authority, and

· “Guidelines for Mobile Food Vending Vehicles” (as amended) published by the NSW Department of Primary Industries – Food Authority

15. Water – use and store - Potable water must be used for the washing and preparation of food. Potable water must be stored in containers that are food grade rated.

16. Waste - All waste generated from temporary food stalls and mobile food vehicles shall be removed from site at the end of each trade and disposed of lawfully. Bins must be available at all times on the site for the disposal of rubbish from the patrons of the markets.

17. Liquid waste – Polluted Waters - All liquid waste and polluted waters generated by temporary food stalls and mobile food vehicles must be disposed of into Sydney Water sewer system.

18. Toilets - The existing toilets at the rear of the church and the church hall are to be available at all times that the market is operating. In addition to this, six (6) x portable toilets and a portable accessible toilet must be provided for each market event. The portable toilets must be located on a level and accessible part of the site near the market stalls.

19. Use of electricity and gas appliances - The use of gas and electric appliance in the market must comply with the following:

(a) All electrical work should be carried out by a licensed electrician and confirm to Australian Standard AS3002-1985 “Electric Installation – Shows and Carnival”.

(b) Gas should be installed by a licensed gasfitter and comply with the appropriate provisions of Australian Standard AS1596.7997 and AS5601-2000. A current compliance plate should be attached to the vehicle for new installations or for any changes made to existing gas appliances.

(c) Gas-fired appliances used in the open should not have a gas bottle greater than 9kg capacity and the bottle should be secured so that it cannot be tipped over.

The above measures are to be taken to satisfy the requirements of SafeWork NSW to protect the health, safety and welfare of employees and visitors at the event.

20. Food Stalls and mobile food vehicle – Inspections and fees and charges - Food Stalls and mobile food vehicles will be subject to annual inspection by Council’s Environmental Health Officers. Non-compliance will result in Council conducting re-inspections on separate occasions.

Cost applies for the above inspections in accordance with Georges River Council’s Fees and Charges and will be changed to the event organiser.

ATTACHMENTS

Attachment View1	Site plan - 815 Forest Rd Peakhurst
Attachment View2	Proposed stall map - 815 Forest Road Peakhurst

Georges River Council – Independent Hearing and Assessment Panel Tuesday, 19 December 2017

Page 23

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Tuesday, 19 December 2017

IHAP Report No	3.2	Application No	DA 212/2016
Site Address & Ward Locality	27-33 Nielsen Avenue Carlton Kogarah Bay Ward
Proposal	Demolition of exisitng dwellings and the construction of a five (5) storey residential flat building comprising of forty one (41) units and basment parking
Report Author/s	Development Assessment Officer
Owners	Nielson Avenue Carlton Pty Ltd
Applicant	Architecure and Building Works
Zoning	Zone R3 - Medium Density Residential
Date Of Lodgement	11/10/2016
Submissions	Two (2)
Cost of Works	$10,778.669
Reason for Referral to IHAP	Height non-compliance and unresolved submissions

Recommendation

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

Site Plan

Executive Summary

Proposal

1. Council is in receipt of an application for the demolition of the existing dwellings and the construction of a five (5) storey residential flat building comprising of forty one (41) units and basement parking on the subject site.

Site and Locality

2. The subject site is identified as 27-33 Nielsen Avenue, Carlton and consists of four (4) lots having a legal description of lots 23, 24, 25 and 26 DP 5452. The site is a regular shaped parcel of land located on the north-western side of Nielsen Avenue between Jubilee Avenue and Anglo Square.

The site has an area of 2054.4m², a street frontage to Nielsen Avenue of 73.1m and depth of 28m.

Zoning and KLEP 2012 Compliance

3. The site is zoned R3-Medium Density Residential under KLEP 2012 and the proposal is a permissible form of development with Council’s consent. The proposed development satisfies all relevant clauses contained within KLEP 2012 apart from Clause 4.3-Height of Buildings where a minor height exceedance is presented. A Clause 4.6 variation to this development standard has been sought which is detailed in the later stages of this report.

Kogarah Development Control Plan 2013 (KDCP 2013)

4. The proposed development generally satisfies the provisions of Council’s DCP. This is discussed in more detail in the body of this report.

Submissions

5. Two (2) submissions were received raising concerns related to insufficient time available for comment, construction impacts, visual impact, shadowing, privacy, noise and traffic and parking impacts.

Conclusion

6. Having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No. 212/2016 should be approved subject to conditions.

Report in Full

Proposal

7. Council is in receipt of an application for the demolition of the existing dwellings and the construction of a five (5) storey residential flat building comprising forty one (41) units and basement parking on the subject site.

The Site and Locality

8. The subject site is identified as 27-33 Nielsen Avenue, Carlton and consists of four (4) lots having a legal description of lots 23, 24, 25 and 26 DP 5452. The site is a regular shaped parcel of land located on the north western side of Nielsen Avenue between Jubilee Avenue and Anglo Square. The site has an area of 2054.4m², a street frontage to Nielsen Avenue of 73.1m and depth of 28m.

The site falls approximately 3.3m across the site towards the eastern corner of the site along the street frontage. There are a number of substantial trees within the site and along the street and a number of these trees will be removed as a result of the development. Currently the property is occupied by four (4) single storey detached dwellings and outbuildings. Immediately to the south west of the site there is a substantial two (2) storey dual occupancy development that has been strata subdivided.

To the north east and on the opposite side of Nielsen Avenue there are single storey detached dwellings whereas to the north west of the site, there are residential flat buildings that range is scale from three (3) to four (4) storeys.

Figure 1- Site Aerial

Background

9. The application was submitted with Council on 11 October 2016 and was neighbour notified from 7 November to 24 November 2016 where two submissions were received.

The application was reviewed by the St George Design Review Panel on 1 December 2016 where a number of design changes were recommended. These changes were primarily related to the built form and scale of the development which the Panel felt was inconsistent with the streetscape character and resulted in a building form that was unduly assertive in its expression. The applicant was forwarded the Panels comments in an email dated 8 December 2016.

Correspondence was sent to the applicant on 15 February 2017 that detailed a number of concerns Council had with the application. This letter included issues related to building height, front setback, building separation, deep soil planting and vehicular access and car parking.

Architectural plan amendments were undertaken and were resubmitted with Council on 10 August 2017. The amended plans were neighbour notified from 17 August to 31 August 2017 where two submissions were received. To improve the building appearance further, additional architectural plan amendments were made to this resubmission and revised details were submitted with Council on 23 August 2017. These plan amendments did not require renotification as they resulted in a reduction in the overall bulk of the building and improved the level of separation between this building and neighbouring developments.

The plans submitted with Council on 23 August 2017 were reviewed by the Design Review Panel during the meeting held on 7 September 2017. The Panel supported the application subject to a number of minor issues being resolved. The applicant was made aware of these required changes in an email sent on 13 September 2017.

· Further architectural and landscape changes were made and these details were submitted with Council on 3 October 2017. On 31 November 2017 additional design changes were again made which included:

· Re-layout of both units 05 and 06 to create a more notable separation that further accentuates the visual break in the building’s facade. (From Ground Level to Third Level). This design outcome further accentuates the vertical elements of the building reducing its bulk.

· Lobby entries relocated as a result of re-layout the units.

· Building entrances, seating area, letter boxes relocated accordingly.

· Pathway extended due to the relocation of building entry.

· Front landscape amended due to the changes with additional planting provided between Unit 05 and 06.

These plans suitably responded to both the Panel comments and Council’s initially raised concerns. These plans and details are relied upon for the preparation of this report.

Section 79C Assessment

10. The following is an assessment of the application with regard to Section 79C(1) of the Environmental Planning and Assessment Act 1979.

(1) Matters for consideration – general

In determining an application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provision of:

(i) any environmental planning instrument,

Kogarah Local Environmental Plan 2012 (KLEP 2012)

Part 2 – Permitted or Prohibited Development

Clause 2.1 – Land Use Zones

11. The site is zoned R3-Medium Density Residential under KLEP 2012 and the proposal is a permissible form of development with Council’s consent. The site retains its R3-Medium Density Residential Zoning and was not rezoned under the recent KLEP 2012 amendments (New City Plan).

Figure 2- Zoning Map

Part 4 – Principal Development Standards

Applicable LEP Clause	Development Standards	Development Proposal	Compliance/ Comment
4.1 Minimum subdivision Lot size	1000m²	2054.4m²	Yes
4.3 Height of Buildings	15m	16.9m	No (See discussions under Clause 4.6 below)
4.4 Floor Space Ratio	1.5:1 (3081m²)	1.49:1 (3,078m²)	Yes

Under the KLEP 2012 amendments, the subject site received an FSR and Height uplift to the noted standards as outlined above. As such, it is considered that any undeveloped sites located both within the immediate and local context will present a notable transformation to reflect these FSR and height increases.

Figure 3- Areas of Height Non-Compliance

12. Clause 4.6 – Exceptions to development standards

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

The "height of buildings map" associated with this clause specifies that the site has a maximum proposed height of 15m. Both lift overruns have a top RL of 39.4 which results in heights of 15.9m and 16.9m and the feature wall of the north eastern firestairs has an RL 38.4 which represents a height of 15.9m. A small portion of the parapet (RL38.4) of the 4th residential level that is adjacent to the rooftop communal open space has a height of 15.15m.

The applicant has submitted a Clause 4.6 seeking a variation of the maximum height of building standard as specified in clause 4.3 of KLEP 2012. The following reasoning as to why the standard should be varied was provided and is as follows:

a) The proposed variation to the height standard is minor and does not relate to the entire building only parts of the building generally associated with the lift overruns that provide access to the rooftop communal open space area. The resultant non-compliance allows access to the substantial communal open space are that enhances the amenity for residents and visitors within the development without detracting from the amenity of surrounding properties

b) The south western side of the building has been cut into the site ensuring compliance with the height standard. However, the required flood planning levels for the north eastern side of the property has resulted in the development being raised and this has created a greater level of non-compliance for the lift overrun serving this part of the building.

c) The proposed development is a high quality residential building that is well articulated using architectural elements, varied setbacks, materials and substantial perimeter landscaping to ensure that the development contributes positively to the streetscape and when viewed from surrounding lands and the public domain.

d) That portion of the development associated with the rooftop communal open space area (lift overrun and stairwell) that are non-compliant are relatively minor elements that while visible from the street have been architecturally treated in a fashion that does not contribute adversely to the bulk and scale of the development.

e) The parts of the building that are non-compliant are located along the street frontage and given the separation distances to residential properties to the south on the opposite side of Nielsen Ave it is considered that these elements do not result in any increase in adverse amenity impacts on these properties in terms of privacy, overshadowing, view loss or visual intrusion.

It was also outlined that there are sufficient environmental planning grounds to justify contravening the development standard which are as follows:

a) The site is within 800m of Carlton Railway Station is located on the Illawarra Railway Line which has been identified for investigation as a potential Urban Renewal Corridor by the Department of Planning & Environment as part of the Plan for Growing Sydney and is capable of supporting increased population within its catchment area. The proposed development is of a form and scale that is consistent with the future planning strategy for the Urban Renewal Corridor and is sustainable given its proximity to public transport (both train and buses) and the facilities and services available in both Carlton Shopping Centre and Kogarah Town Centre.

b) As the site is a large parcel of land (2054sqm) and it has the capacity to accommodate a minor increase in height without having an adverse impact on the streetscape or amenity of adjoining properties. The height proposed allows for an appropriate and sustainable density to be achieved with a building footprint that allows the provision of substantial deep soil area and landscaping around the perimeter that allows the development to satisfactorily integrate with the streetscape and adjoining properties.

c) The proposed height variation generally applies to the lift overruns with the eastern most providing access to the rooftop communal open space area. This high quality communal open space area will represent a green oasis and focal point for the development. It has an area of over 500sqm and promotes social interaction amongst residents & visitors. The space is easily accessible and its size allows for the provision of a BBQ area, children’s play area, seating, lawn areas and landscaping that enables all residents the opportunity to enjoy the space without detracting from the amenity of the apartments. The proposal seeks to enhance the amenity of the development by providing equitable access to the communal rooftop open space for all residents and visitors which makes it a better development and represents a good planning outcome.

d) The parts of the building that are non-compliant are located along the street frontage and given the separation distances to residential properties to the south on the opposite side of Nielsen Ave it is considered that these elements do not result in any increase in adverse amenity impacts on these properties in terms of privacy, overshadowing, view loss or visual intrusion.

Officer Comment: In respect to the lift overruns, while they are a prominent feature of the building when viewed from the street, the sites layout promotes a long relatively narrow expansive presentation to Nielsen Avenue making it difficult to entirely obscure them.

The building has been designed taking into account the required side and rear setbacks on a relatively long narrow site. To try and reduce any visual impact, the lift shafts have been incorporated of the front façade and help create the impression of vertical elements that assist in breaking up the long front elevation.

Further, both lift shafts are located behind the primary face of the building and together present a width of 4m that equates to only 7.5 % of the overall building façade.

It is agreed that the impacts resulting from the minor height non-compliance do not result in any adverse visual increase to the scale of the building nor will it result in any unfavorable amenity impacts to neighbouring properties. It is considered that compliance with the maximum height standard as specified in clause 4.3 KLEP 2012 is both unreasonable and unnecessary and in this particular case, it has been demonstrated that there are sufficient environmental grounds to justify contravening the standard.

Part 5 – Miscellaneous Provisions

Clause 5.10 – Heritage Conservation

13. The subject site is not listed as a heritage item in Schedule 5, is not within a Heritage Conservation Area, nor are there any heritage items that could potentially be impacted up the proposal.

Part 6 – Additional Local Provisions

Clause 6.1 – Acid Sulfate Soils

14. The subject site is not shown as being affected by acid sulfate soils as identified on the Acid Sulfate Soil Map.

Clause 6.2 – Earthworks

15. The proposed development will require significant excavation works in order to accommodate the basement car park. The proposed excavation is the minimum necessary to achieve a basement and it has been designed to allow for substantial deep planting areas around the perimeter of the building.

It is considered that the proposed earthworks are considered acceptable having regard to the provisions of this clause as the works are not likely to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

Clause 6.3 – Flood Planning

16. Parts of site are identified on the Flood Planning Maps as being affected by 1/100 year flooding.

The lots identified as affected by the 1/100 year flooding are 27 and 29 Nielsen Avenue. 31 and 33 Nielsen Avenue are not noted as being affected. Giving consideration to the Beverley Park Overland Flow Risk Management Study and Plan 2007, the flood levels for each affected lot are 27 Nielsen: RL23.11m and 29 Nielsen: RL 23.84m.

The applicant has lodged a Flood Level Summary report prepared by Cardno’ dated 9 June 2017. This report determines a revised FPL of RL 23.10m (AHD) for both lots. This revision was reviewed by Council’s Stormwater Engineer who raised no objection to the revised levels.

The development proposal has been designed to reflect the revised Flood Planning Levels. Overall, it is considered that the proposed development satisfies the provisions of this clause in terms of compatibility, affect on flood behaviour, risk to life, impact on the environment and social and economic costs. In addition, consideration has been given to the provisions of Section B6 – Water Management of KDCP 2013 and the proposed development satisfies the relevant controls related to flooding and drainage.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

17. A BASIX Certificate has been issued for the proposed development and the commitments required by the BASIX Certificate have been satisfied.

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

18. The State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 replaces the repealed Clause 5.9 of KLEP 2012 (Preservation of Trees and Vegetation). The intent of this SEPP is consistent with the objectives of the repealed Standard where the primary aims/objectives are related to the protection of the biodiversity values of trees and other vegetation on the site. In this instance, a number of visually significant trees are being retained which have been identified in the Tree Protection Plan in Figure 4 below. The proposal was referred to Council’s Tree Management Officer who outlined specific conditions to be imposed with any development consent in order to ensure the protection of these trees. Further, no objection was raised to the removal of a number of trees on the site subject to replacement planting. Relevant consent conditions will be imposed.

Figure 4- Tree retention Plan

State Environmental Planning Policy No 55 – Remediation of Land

19. SEPP 55 applies to the land and pursuant to Section 79C is a relevant consideration.

Based on the history of the site and records indicating it was used for vehicle repair, a detailed Site Investigation was prepared by eiaAustralia dated 24 January 2017.

This Investigation identified that local contamination was identified on the site that will require remediation. The report also concluded that the site can be made suitable for the proposed use subject to the remediation work taking place.

This report was forwarded to Council’s Environmental Health Unit for review who raised no objection to the findings of this report subject to the imposition of conditions requiring the provision of a Remediation Action Plan and a Validation Report prepared by a suitably qualified person. These details are to be submitted to the Principle Certifying Authority upon completion of the remedial works.

Consent conditions will be imposed reflecting these requirements.

State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (SEPP No 65)

20. The proposed development is subject to the provisions of SEPP No 65, which aims to improve the quality of residential flat design in NSW.

The application has been accompanied by a design verification from a qualified designer that verifies that:

a) He or she designed or directed the design of the modification, and

b) The modifications achieve the design quality principles as set out in Part 2 of SEPP No 65, and

c) The modifications do not diminish or detract from the design quality, or compromise the design intent of the approved development.

The application was referred to the St George Design Review Panel for consideration at their meeting on 1 December 2016. A number of design amendments were made and the proposal was again reviewed by the Panel during its meeting held on 7 September 2017. The following response details both the Panels initial and supplementary comments.

Context

21. Comment: 1 December 2016 (original plans)

The site is an amalgamation of four individual dwelling houses. To the north of the site are four-storey apartment buildings and to the south across Nielsen Avenue are existing cottages within an R2 zone.

Nielsen Avenue has retained its traditional suburban character but this will inevitable change given the R3 zoning on the north side. The northern side of the street has established large and mature street trees which make a major contribution to the street character.

The site itself contains many large established trees particularly on the rear boundary. These include established gums, paper barks and palms. These plantings contribute significantly to overall neighbourhood amenity and provide outlook for the three adjacent residential apartment buildings on the northern boundary. The proposal removes most of these trees particularly landmark specimens including the lemon scented gums: the applicant proposes to retain the palms, a spotted gum and cheese tree. The latter are probably the least significant trees on site.

A major challenge will be to ensure that development on the subject site and adjoining sites on the north side of Nielsen Avenue will be sensitively designed to complement and retain the positive elements in the streetscape and the neighbourhood character – low scale, built form and substantial landscape.

The property is flood affected and the applicant has been advised to adhere to the flood planning levels for the lots (Lot 23:23.1mAHD and Lot 24, 23.84mAHD). This creates significant issues in relation to ground floor levels and streetscape frontage as well as the landscape treatment to the rear.

Comment: 7 September 2017 (Amended Plans)

The Panel encourages the proponent to fully explore methods to reduce the impacts of Council’s Flood controls on streetscape, urban design, landscape and amenity.

Applicant Comment: The applicant sought additional flood advice in order to reduce the floor level of the building below the levels initially specified by Council and the development has been designed to these levels. Accordingly, the amended design more closely responds to the natural fall of the street and allows for the height of the building to be lowered improving the streetscape. The extent of ramps and stairs providing access to the development has been reduced and additional deep soil landscaping has been provided along the street frontage. The lowering of the floor levels has also allowed a better relationship to the ground floor private open space areas that facilitates tree retention and a better amenity for residents and adjoining properties.

Officer Comment: Discussions were held with Council’s Stormwater Engineer in relation to the Flood Controls and how the building floor levels could potentially be reduced in order to reduce the scale of the building when viewed from the street. It was advised that there could be no further reduction to the floor levels of the building beyond that already proposed with the amended plans. Considering this, a number of positive design changes were made to the design as detailed in the applicants comments above that will result in a vastly improved streetscape presentation and overall building amenity.

Built Form and Scale

22. Comment: 1 December 2016 (Original Plans)

Whilst the overall height and boundary setbacks are acceptable in principle, the building form proposed raises concerns in relation to:

· Inconsistency with the streetscape character in that the building is unduly assertive in its expression.

· The overall length of the building without sufficient articulation.

· The resolution of the internal levels to the streetscape frontage which has resulted in a primarily hard scape treatment dominated by ramps, blank walls, planter boxes and stairs.

· The inadequate protection of the significant trees along the rear boundary and the limited capacity to plant new trees due to the treatment of the deep soil zone.

It is recommended that the overall street façade be expressed as four (4) separate building forms/volumes, reinforced by the landscape and tree planting. The light coloured horizontal elements should be far less visually prominent. The colours of materials should be sympathetic to and related to the traditional palette in the streetscape.

The rear setback needs to be 6 metres clear deep soil and rear terraces need to be designed as light-weight platforms/decks with minimal footings and structure to maximise soil volume. This entire rear frontage should be treated as a tree planting and garden zone, with as many as possible of the existing trees retained and significant allowance for new replacement trees of a similar scale. This should replace, at a minimum the total number of trees to be removed across the entire site. Stairs, walls, structure, subsurface, pipe work should all be removed from this zone. Lawn should be removed from this area and it should be primarily tree and ground cover planting. Some definition between the spaces adjoining each unit could be provided by way of planting design and perhaps a handrail raised well above ground so as not to impact on the overland flow path.

The frontage needs a complete re-design to rationalize and reduce the extent of blank walls. This may include re-orientating the stairs and/or lobbies, reducing or removing terraces and re-designing ramp access. This zone should primarily be tree and shrub planting to the maximum possible extent.

The materials resolution of those access stair walls should be carefully considered, potentially by introducing sandstone, brick etc.

Comment: 7 September 2017 (Amended Plans)

The majority of issues have been resolved apart from the following:

· The definition between the public and private space at the street frontage would be inadequately addressed as proposed. There should be fencing/hedging, additional planting, etc, as discussed.

· The ramp should be incorporated into the landscape and relocated to the uphill side thus reducing its length or removal altogether and replacement with an external access lift or with a connective internal corridor from western ’at-grade’ entry.

Applicants Comment: A 1.0m high fence consisting of a 500mm high face brick wall with a 500mm high metal palisade style fence above and appropriate landscaping have been incorporated along the street boundary to define the public/private domain. The access ramp to the north east entry has been deleted and replaced with a graded pathway that links the south west entry to the north east entry. Landscaping has been incorporated on either side of the pathway.

Officer Comment: The revisions are consistent with the DRP comments and are satisfactory. It should also be noted that further design changes were carried out that have resulted in the street façade now being expressed as four (4) separate building forms/volumes. This is made more clearly evident in Figure 5 below.

Figure 5- Building façade depicting various individual forms

Density

23. Comment: 1 December 2016 (Original Plans)

Complying and acceptable. Response to a number of detailed issues mentioned below in relation to lobbies, communal space etc., would marginally increase density, but this is not an issue of concern.

Comment: 7 September 2017 (Amended Plans)

No further comment

Applicants Comment: The development remains compliant with Council’s Density controls.

Sustainability

24. Comment: 1 December 2016 (Original Plans)

Generally acceptable, however, response to recommendations in relation to planting and landscaping would contribute to additional positive outcomes.

Comment 7 September 2017 (Amended Plans)

No further comment. Subject to BASIX

Applicant Comment: Noted

Landscape

25. Comment: 1 December 2016 (Original Plans)

The landscape proposal requires significant revision in order to address issues raised above under Built Form. The landscape approach should prioritise gardens and tree planting to the front and rear setback for outlook and screening. This should incorporate more new trees within an emphasis on native species to provide a greener outlook and screening to adjacent properties. It is critical that existing levels are retained around the trees to be protected, and this needs to be clearly annotated on all drawings including engineering drawings. Retaining walls and structures should be kept to a minimum. Lawn spaces should be removed from these front and rear gardens.

The communal roof top design requires further review. The proposed arbor covers a large area of the roof and may unduly impact on neighbouring properties. The design should include more tree shade with provision of shade structures over high intensity areas such as the children’s play area. The design proposes three (3) major spaces and while it might be appropriate to have one large gathering area, it is recommended that the other two (2) spaces be redesigned to incorporate smaller, more intimate gathering spaces. A small fully enclosed communal room should be included for use in all kinds of weather.

New street trees should be provided to complement the existing planting on Nielsen Avenue. Tree planting should also be provided in the front setback and side setbacks also. Three (3) large trees are recommended in the front setback zone.

OSD basin should be relocated under hard stand areas such as under the basement carpark or driveway. Stormwater pipework needs to be relocated clear of existing tree roots and deep soil zones.

Comment: 7 September 2017 (Amended Plans)

It is noted that this has been included in the landscape plan and named as a ‘kitchen’. This is supported as indicated, however the architectural plans show a different layout which should be adjusted to be consistent with the plans shown on the landscape plan. In the previous DRP review of the landscape drawings it was recommended to minimise the lawn areas. The eastern deep soil zone still shows a large area of lawn. This needs to be supplemented with understory planting.

See above under ‘Built Form’ comments regarding reconfiguration of access ramp to the front entry. The comment above regarding the OSD basin has not been resolved and cannot be located on the drawings provided to the Panel. Street trees should be planted to Council specification.

Applicant Comment: The kitchen area on the rooftop communal open space area is unenclosed as indicated on the architectural drawings. Enclosing this area would result in an increase to the bulk of the building and was therefore not adopted as part of the design amendments. The eastern deep soil zone is for OSD and the lawn within this area deleted and replaced with appropriate landscaping including understorey planting.

The landscape plan has been amended and is enclosed. The relocation of the OSD to under the basement or within the driveway has been investigated. It is not reasonable as the pipe would need to be connected to the system some 150m down the street which would be an unreasonable cost given that the OSD system proposed is acceptable.

Officer Comment: The proposed modifications are satisfactory. In regards to the relocation of the OSD, this was flagged with Council’s Stormwater Engineer who agreed that the costs associated with this relocation far outweigh any benefit that would be achieved. The revised landscape plan depicts the planting of a number of street trees while the development provides deep soil areas that substantially exceed ADG requirements. The extent of landscape area provided is detailed in the KDCP 2013 discussions.

Amenity

26. Comment: 1 December 2017 (Original Plans)

The amenity would be of generally good standard. The following should be addressed:

· The main entrance doors should be relocated closer to the street so that doors do not open directly into corridors.

· Provide small bay seating areas on each level adjacent to the lifts.

· Where snorkel bedrooms are proposed extend rooms into the recessed areas to provide a small seating bay.

· Provide top light/ventilation to internal service rooms on top floor.

· Include dining room furniture layout on floor plans.

· Provide adjustable screens to all terrace/balcony areas to enhance their amenity and usability.

· The functional justification of screens on the southern elevation to bedrooms is questioned.

Comment: 7 September 2017 (Amended Plans)

These issues have been resolved.

Applicant Comment: Noted

Safety

27. Comment: 1 December 2016 (Original Plans)

Satisfactory

Comment: 7 September 2017 (Amended Plans)

No further comment

Applicant Comment: Noted

Housing Diversity and Social Interaction

28. Comment: 1 December 2016 (Original Plans)

See comments made above regarding the enclosing of a room within the communal area

Comment: 7 September 2017 (Amended Plans)

See comments made under Landscape.

Applicant Comment: No comment

Officer Comment: These issues have been appropriately addressed under Landscape. They included the

Aesthetics

29. Comment: 1 December 2016 (Original Plans)

Refer to “Built Form” above. Reconsideration of the building form, materials and finishes is required.

Comment: 7 September 2017 (Amended Plans)

Now satisfactory

Applicant Comment: Noted

Officer Comment: As discussed under the Built Form Provisions, the proposed development now presents as four (4) separate building forms/volumes and introduces a number of varied materials/finishes to ensure visual interest will be provide when viewed towards the building from Nielsen Avenue.

Deemed State Environmental Planning Policy – Georges River Catchment

30. All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and would satisfy the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment

(ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and

31. There are no other draft planning instruments that are applicable to this site.

(iii) any development control plan,

Kogarah Development Control Plan 2013 (KDCP 2013)

32. The proposed development is subject to the provisions of the Kogarah Development Control Plan 2013 (KDCP2013). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

Frontage

Council’s DCP outlines that a 20m frontage is required for residential flat building. In this case, an overall frontage of 73.15m is provided complying with Council DCP controls.

Setbacks

Front

The DCP requires a front setback of 5m to 7m for residential flat buildings. A maximum of 75% of the width of the building must be a minimum 5.0m with the remaining 25% setback a minimum of 7.0m. The proposed development provides a staggered front setback where 65% of the front wall is setback 5m with the remainder setback 7 or more metres. The external perimeter wall of the internal access stairs are setback 4.4m from the street boundary protruding beyond the 5m setback line. These stairs make up only 10% of the buildings overall façade where they are not anticipated to result in any perceivable increase to the bulk of the building when viewed from the street. Additionally, the building facade is articulated and varied through the use of balconies, different materials and colours which reduce the scale and bulk of the building.

Side/Rear

In respect to side and rear setbacks, the proposal far exceeds the minimum setbacks as outlined in the DCP which stipulates the provision of 3m plus ¼ the amount that the wall height exceeds 3m. If applying the DCP, the building would require setbacks ranging from 3m to 6m. The proposed setbacks are compliant and in most instances exceed Council DCP controls. In this case, setbacks have been proposed having regard to the separation requirements outlined in the ADG. The proposal complies with these requirements.

Site Coverage

A maximum site coverage of 45% is applicable to residential flat buildings equating to 924m² in this instance. The proposal provides 893.5m² of site coverage or 43.5% complying with Council controls.

Impervious Area

Council’s DCP requires 1129m² impervious area whereas 1500sqm (73%) of the proposed development could be considered impervious. However, the proposal provides 703m² (34.2%) of deep soil zones around the perimeter of the site which significantly exceeds the ADG requirement of 143.8sqm (7%) and facilitates the planting of canopy trees and water infiltration.

Common Open Space

Common open space for residential flat building developments shall be provided at a rate of 30m² per dwelling for those units that have balconies as their only form of private open space. Therefore, a minimum of 960m² is required.

The proposed development incorporates 530m² of common open space area which it provides on the roof area of the development. The non-compliance should be supported as the amount of area provided exceeds the ADG requirements (513m²), is an area that will offer high amenity and will receive ample solar access.

Private Open Space

Where provided, courtyards for ground floor units must be a minimum of 35m2/ dwelling, with a minimum dimension of 3m. Otherwise all dwellings must be provided with a

balcony 12m² in area with a minimum dimension of 3m.

In accordance with clause 6A of SEPP No 65 the provisions within a DCP that relate to "private open space and balconies" have no effect and the provisions of the ADG are applicable. In this instance, all units meet the minimum requirements apart from Units 4.01 and 4.02 being the three (3) bedroom units on the uppermost level. The primary balcony areas of these units are 10m² in lieu of the required 12m². Considering that both units have secondary balconies and are conveniently located adjacent to the rooftop communal open space, the shortfall is considered acceptable.

Other Requirements

Solar Access

33 The DCP states that at least 50% of the primary open space area of the proposed development should have access to a minimum of 4 hour hours of sunlight between 9am and 3pm on 21 June. All units will receive the required amount of solar access. In addition, the DCP requires at least 50% of the neighbouring existing principal open space or windows to main living areas must receive a minimum of 3 hours of sunlight between 9am and 3pm on 21 June.

The expected shadow of the proposal generally falls over the street which is to the south of the site and the front yards of properties on the opposite side of the Nielsen Ave from 1.00pm (approx.). The property to the south-west (No 35 Nielson Ave) is overshadowed in the morning but the open space area at the rear is unaffected and by 12noon the shadow cast is limited to the front of the site.

The proposal satisfies this requirement.

Privacy

34. The proposed development complies with the setback requirements contained within KDCP 2013 but in any case, has been designed having regard to the separation requirements of Part 3F - Visual Privacy within the ADG. The development makes provisions for sliding privacy screens on balconies while providing a generous landscape buffer around the perimeter of the site enabling reasonable levels of external and internal privacy to be maintained by neighbouring development.

Traffic and Parking

35. In accordance with Council DCP controls a total of 59 residential and 8 visitor spaces are required to be provided. Currently, the proposal provides 45 residential and 9 visitor spaces resulting in a non-compliance with Council controls.

While a parking shortfall is presented, the "Apartment Design Guide" can be used in conjunction with the State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development (SEPP 65). Objective 3J-l of the Design Guide states that sites within 800m of a railway station are to satisfy the minimum parking requirements specified in the RMS "Guide to Traffic Generating Developments" (October 2002). This development is located 450m from the entry to Carlton Railway Station so the provisions can be applied.

The RMS Guidelines nominate that a high density residential flat building refers to a building containing 20 or more dwellings. As the proposed development contains 41 dwellings, the following parking requirements for high density residential flat buildings in Metropolitan Sub-Regional Centres have been adopted:

1 bedroom units 0.6 space per dwelling

2 bedroom units 0.9 spaces per dwelling

3 bedroom units 1.4 spaces per dwelling

Visitor parking 1 space per 5 dwellings

Application of those requirements to the proposed development yields a parking requirement of thirty nine (39) residential and five (5) visitor car parking spaces. The proposal provides forty five (45) residential spaces and nine (9) visitor spaces complying with these requirements.

Additionally, as per the traffic impact assessment for 27-33 Nielsen Avenue, Carlton prepared by Varga Traffic Planning Pty Ltd the net traffic impact of this development is;

o An increase of 4.2 vehicle trips per hour during AM Peak

o An increase of 2.3 vehicle trips per hour during PM Peak

Council’s Traffic Engineers have reviewed the potential impacts and advised they are considered minor on the local road network. The extent of additional generation is consistent with the expectations of the zone.

Adaptable and Accessible Housing

36. The proposal includes five (5) complying with Council controls.

Section 94 Contributions

37. The proposed development requires payment of $353,869.68 Section 94 contributions based on the provisions of Council’s Section 94 Plan applicable to Precinct two (2).

(iv) any matters prescribed by the regulations, that apply to the land to which the development application relates,

38. Not applicable.

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

39. The proposed development is of a scale and character that is in keeping with other dwellings being constructed in the locality. Accordingly, the proposal is not considered to have a significant impact on the natural and built environment of the locality.

(c) the suitability of the site for the development,

40. It is considered that the proposed development is of a scale and design that is suitable for the site having regard to its size and shape, its topography, vegetation and relationship to adjoining developments.

(d) any submissions made in accordance with this Act or the regulations,

41. In accordance with the provisions of Section A2 – Public Notification of KDCP 2013 application was placed on neighbour notification from 7 November to 24 November 2016 where two (2) submissions were received. Plan amendments were made and the application was re-notified from 17 to 31 August 2017 where two (2) submissions were received raising the following concerns.

1. Plans not originally notified to all affected residents.

Comment: This claim is correct. The plans originally submitted with Council were not notified to all potentially affected properties. This is more accurately depicted in the notification map images identified as Figures 4 and 5 below. The amended plans submitted with Council on 10 August 2017 were notified to all potentially impacted properties. The submissions were received during this notification period have been considered and are further discussed below. It should be noted that additional architectural amendments were made after this notification period; however, these amendments were minor and resulted in the overall scale of the building being reduced and the level of separation between neighbouring properties increased. Further notification was not required.

Figure 6- Original Notification 7 November to 24 November 2016

Figure 7- Amended Plan notification 17 to 31 August 2017

2. Damage during construction/Sewer Operation

Comment: Consent conditions will be imposed requiring the provision of a dilapidation report for potentially affected properties (To be determined by structural engineer) and a geotechnical report. In regards to the ongoing operation of the sewer to neighbouring properties, this is the sole responsibility of the parties undertaking the building works on the site where all works need to be carried out in accordance with Sydney Water requirements.

3. Noise during construction

Comment: Any noise impacts outside of those generally anticipated during construction will be investigated independent of this approval. A consent condition will be imposed outlining that works can only be carried out between the hours of 7.00am and 5.00pm Monday to Saturday.

4. Overshadowing

Comment: As discussed in the body of this report, the expected shadow of the proposal generally falls over the street which is to the south of the site and the front yards of properties on the opposite side of the Nielsen Ave from 1.00pm (approx.). The property to the south west (35 Nielson Ave) is overshadowed in the morning but the open space area at the rear is unaffected and by 12noon the shadow cast is limited to the front of the site. This is diagrammatically detailed in Figures 6 to 8 below.

Figure 8- Proposed June shadow 9am cast by the development

Figure 9- Proposed June shadow 12pm cast by the development

Figure 10- Proposed June shadow 3pm cast by the development

5. Overall amenity

Comment: The proposed building is generously separated from the neighbouring development. The introduction of appropriate window placement and screening devices will ensure that privacy impacts potentially posed by this development will be minimised. Further, at least 50% of the neighbouring existing principal open space or windows to main living areas must receive a minimum of 3 hours of sunlight between 9am and 3pm on 21 June.

6. Scale of Development

Comment The proposal complies with Council’s FSR controls and only marginally exceeds the height standards. Further architectural design changes submitted with Council on 31 November 2017 assisted in breaking up the visual dominance of the front façade by creating the appearance of four smaller buildings. The development is of an anticipated scale envisaged by KLEP 2012 as amended.

7. Traffic and Parking

Comment: As discussed in the body of this report, the development provides in excess of the minimum parking requirements as outlined within 3J-l of the Design Guide which stipulates that that sites within 800m of a railway station are to satisfy the minimum parking requirements specified in the RMS "Guide to Traffic Generating Developments" (October 2002).

The proposal was referred to Council’s Traffic Engineer for comment who raised no objection to the proposal on Traffic or Parking grounds. It was outlined that access to the site and manoeuvrability within the site are considered acceptable for the scale of the development in the R3 Zone.

(e) the public interest.

42. The proposed development is of a scale and character that does not conflict with the public interest.

Council Referrals (Where not discussed in the body of this report)

Waste Officer

The application was referred to Council’s Waste Officer for comment who raised no objection to the development subject to conditions of consent being attached to any consent granted.

Building Officer

The application was referred to Council’s Building Officer for comment who advised that a more comprehensive assessment would be carried out upon submission of specific details at CC stage. A number of BCA Advisory Notes were provided that will be included with this consent.

Conclusion

43. The application has been assessed having regard to the Heads of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of KLEP 2012 and KDCP 2013.

Following detailed assessment it is considered that Development Application No 212/2016 should be approved subject to conditions.

SPECIFIC DEVELOPMENT CONDITIONS

SECTION A - General Conditions

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent.

1. Approved Plans of Consent

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

(i) Architectural plans- Prepared by Architecture and Building Works Project No PN-16005 Drawing numbers DA-0800 (J), DA-0900 (J), DA-1000 (M), DA-1100 (G), DA-1200 (G), DA-1300 (F), DA-1400 (H), DA-1500 (H), DA-2000 (F), DA-2100 (F), DA-2200 (F), DA-3000 (F), DA-3100 (D), DA-3200 (E) and DA-3300 (D) received by Council on 31 November 2017.

(ii) Landscape plans- Prepared by Isthmus- Drawing numbers ISO213DA1 and DA2 Issue D dated 10 October 2017

(iii) Stormwater plans- Australian Consulting Engineers- Job No 1606380 Drawing numbers D00 (A), D01 (C), D02 (C), D03 (E), D05 (C), D06 (A), D07 (A),

SECTION B –Prior to the Issue of a Construction Certificate or Demolition Conditions

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate or Demolition.

Note: A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.

2. Asset & Building Fees

Payment of the following amounts as detailed below:

· *Builders Long Service Levy of $107,786.69

· Driveway Design and Inspection Fee (Dwelling) of $ 1,000.00

· Driveway and Restoration Works Design
Inspection Fee of $ 36,400.00

· Asset Inspection Fee of $ 110.00

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

3. Restoration Deposit

A deposit of $36,400.00 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

*.......... Construction of 1.2 meter wide concrete footpath along Nielsen Avenue.

* All associated road pavement restorations.

* Installation of turf as required across full street frontage along Nielsen Avenue.

These works are to be in accordance with plans and specifications to be issued by Council.

4. Section 94 Index

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

5. Section 94 Contributions

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

No.1 – Roads and Traffic Management – Residential	$ 5,201.33
No.5 – Open Space 2007	$335,837.28
No.9 – Kogarah Libraries – Buildings	$ 7,490.49
No.9 – Kogarah Libraries – Books	$ 5,340.58
Ramsgate Commercial Centre Contributions Plan
TOTAL	$353,869.69

Any of the above Section 94 Contributions Plans may be inspected at the Georges River Council Customer Service Centres.

6. Dilapidation Report

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties;

(i) All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.

The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.”

Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

7. Soil and Water Management

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

8. SEPP No 65 Certification

A design verification statement from a qualified designer shall be submitted that verifying that the plans and specifications achieve the design quality of the development for which consent was granted having regard to the design quality principles of State Environmental Planning Policy No. 65.

9. Adaptable Housing Compliance

The proposed development including the nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.

10. Ausgrid Sub Station

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

11. Clearances to Overhead Mains

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

12. Sydney Water (DA Only)

The approved plans must be processed through Sydney Water to determine whether the development will affect any Sydney Water asset’s (sewer and water mains, stormwater drains and/or easements) and if any further requirements need to be met. An approval receipt will be issued by Sydney Water which is to be submitted to Council or the Principal Certifying Authority.

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

· Sydney Water Tap in – see Plumbing, building and developing and then Sydney Water Tap in; and

· Building over/adjacent to a Sydney Water Asset - see Plumbing, building and developing, building then Building Approvals or telephone 13 20 92.

13. Certification of Detailed Plan

The detailed stormwater plan is to be certified by a Chartered Professional Engineer. A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

14. Stormwater Plan

The submitted stormwater plan has been assessed and approved as a concept plan only. No detailed assessment of the design has been undertaken. A Detailed Stormwater Plan and supporting information of the proposed on-site stormwater management system is to be submitted. The required details in this Plan and the relevant checklist are presented in the document ‘Water Management Policy. Kogarah Council. August 2006’

The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Concept Stormwater Plan for the proposed development. Any conceptual variations to the stormwater design will require written approval from Council and will require to be justified and supported by appropriate details, calculations and information to allow for proper assessment.

The Detailed Stormwater Plan is to address the following issue(s):

a) A suitably qualified engineer is to certify that appropriate design measures have been taken to ensure that the upper and lower basements have been protected from flooding in the case of the On-site Detention system malfunctioning or reaching capacity.

15. Ingress Points

All possible ingress points such as vehicle entrances and exits, ventilation ducts, windows, light wells, lift shaft openings, risers and stairwells to the basement car parking levels are to be built at or protected up to the 1 in 100 year flood levels. The applicant will need to liaise with the flood consultant with respect to the required levels at each possible ingress location.

SECTION C – Prior to Commencement of Construction Conditions

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

16. Geotechnical Report

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

No rock breaking or other machinery for the excavation, drilling, cutting or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

(i) A report by a geotechnical engineer detailing the measures recommended in undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii) The type and size of machinery proposed.

(iii) The routes of all trucks to convey material to and from the site.

17. On-Site Detention

A 49.6m³ On-Site Detention system with a Maximum Site Discharge of 25 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

18. Certification by Mechanical Engineer

To ensure that adequate provision is made for ventilation of the building, mechanical and /or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

a) The Building Code of Australia;

b) Australian Standard AS 1668 Part 1 - 1998;

c) Australian Standard AS 1668 Part 2 - 2002;

d) The Public Health Act 2010;

e) The Public Health Regulation 2012;

f) Australian Standard 3666.1 - 2002;

g) Australian Standard 3666.2 - 2002;

h) Australian Standard 3666.3 - 2000.

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

19. Structural Engineer’s Details

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

A copy shall be forwarded to Council where Council is not the PCA.

20. Tree Protection

Prior to the commencement of any works on the site the tree protection measures required for the established Tree Protection Zone (TPZ) of the trees to be retained shall be installed in accordance with Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

Unless otherwise specified in AS 4970-2009 a protective fence consisting of 1.8m high fully supported chainmesh shall be erected around the base of the tree. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed below. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

There shall be no services installed within the drip line TPZ of the tree. This fence shall be kept in place during demolition, construction and also have a sign displaying “Tree Protection Zone” attached to the fence, this must also include the name and contact details of the Project Arborist.

21. Tree Retention – Arborist Report

The trees identified for retention in the Arboricultural Development Assessment Report dated September 2016 by Paul Vegzoff of Moore Trees listed below shall be protected in accordance with the above report and the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

Tree Numbers

Location on site

TPZ

1,2,3, 9 -11 26 – 29, 30, 31

27 – 33 Nielsen Avenue, Carlton

Refer to Arborist report

22. Protection of Site – Hoarding

A hoarding or fence must be erected between the work site and the public place if:

· the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

· if it involves the enclosure of a public place.

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

23. Ground Anchors

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

· The appropriate Roads Act 1993 approvals shall be obtained.

· The anchoring is to be de-stressed once no longer required.

· The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

· Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

· A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

24. Driveway

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary. Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.

25. Council Infrastructure Inspection

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 6400.

26. Public Liability Insurance

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

27. Soil Erosion Controls

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

· Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

· Controls to prevent tracking of sand, soil, aggregates, etc, by vehicles onto adjoining roadways.

SECTION D – Construction and Operational Conditions

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

28. Inspections -Multi Unit

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

(a) at the commencement of building works

(b) prior to covering waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and

(d) after the building work has been completed and prior to any occupation certificate being issued in relation to the building.

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections. Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

Ž Erosion Control

Ž Earthworks/Excavation

Ž Building setout

Ž Concrete reinforcement

Ž Timber and/or steel framework

Ž Mechanical/Hydraulic work

Ž Driveways

Ž Landscaping

Ž External Finishes

29. Storage of materials on Public Road

All building materials or waste containers must be stored within the confines of the site. The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

30. Use of Crane on Public Road

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath. This includes cranes that are situated on roadways, footpaths and road reserves.

Any application for approval must be accompanied by the following information:-

· Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

· A copy of current public liability insurance with minimum cover of twenty million dollars ($20,000,000) indemnifying Council in the event of an incident;

· A copy of an RMS accredited traffic control plan;

· Proof that the local area command of the NSW Police have been advised of the proposal.

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

31. Building Height - Surveyors Certificate

The proposed building is not to be erected at a height greater than that indicated on the approved plan. A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.

32. Excavation of Site

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage.

33. Stormwater to Kerb

Any stormwater connections to the kerb and gutter are to be in accordance with Council's 'Specification for Construction by Private Contractors'.

34. Redundant Driveway

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

35. Work within Road Reserve

A Development Consent or any related Construction Certificate does not allow for the erection of a structure or to carry out work in, on or over a public road. Should a structure or work be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

36. Damage within Road Reserve & Council Assets

The owner shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

37. Public Utility & Telecommunication Assets

The owner shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

38. Stormwater Drainage

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2. The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

39. Garbage Room

The proposed garbage room being provided with the following:-

a) A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

b) The walls being cement rendered with the intersection of the walls and floor being coved to a radius of not less than 25mm.

c) The door being close fitting to prevent the access of rats and mice.

d) A cold water hose cock being provided for the cleaning of containers and the room itself.

e) Ventilation being provided by means of direct connection to the outside air to the satisfaction of Council.

f) A sign, minimum size 600mm x 600mm, directing residents not to place recyclables in garbage carts and encouraging residents to recycle. Details of an acceptable wording for the sign are available from Council.

40. Hours of Construction

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

41. Restriction on Hours of Excavation (other than single residential dwelling)

Despite the general hours of construction above,

a) The hours where rock breaking, cutting, hammering and drilling occur shall be limited to 9:00am – 4:00pm on weekdays only.

b) A noise management plan for the above works, prepared by a suitably qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.

42. Provision of Amenities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site or as specified by Workcover requirements .

· each toilet provided must be a standard flushing toilet and must be connected:

· to a public sewer; or

· if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

· if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities must be completed before any other work is commenced.

43. Letter Boxes

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

44. Oil/Silt Separator

An oil/silt separator sized to the catchment area must be specified on the Stormwater Detailed Plans and located downstream of the proposed basement car park and prior to discharge to councils stormwater system.

45. Car Wash

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to ensure that waste water is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

46. Basix Certificate Details – DA Only

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

47. Air Conditioning / Offensive Noise

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

48. Building Finishes

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development Application.

49. Allocation of Car Parking Spaces

A minimum of 54 off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans. These spaces shall be allocated as follows:

a) 45 are to be allocated to the residential units.

b) 9 are to be allocated as visitor parking spaces.

50. Residential Car Parking Spaces

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit.

51. OSD Markers

All on-site stormwater storages that experience permanent or temporary ponding shall be indicated on the site by fixing a marker plate.

52. Visitor Parking

A directional sign shall be provided at the front of the site indicating the availability of visitor and/or customer parking on site. Those visitor and/or customer spaces shall be marked or signposted.

53. Planting or Walls

Planting or walls adjacent the driveway near the boundary shall comply with the requirements of “AS/NZS 2890.1:2004 - Off Street Car Parking, Section 3.2.4(b)”.

54. Works Zone

The installation of a "Works Zone" for the site will require the approval from the Traffic Advisory Committee. As a result, the applicant shall provide a formal request to Council's Traffic Section with the duration and exact location of the required "Works Zone" at least 6 weeks prior to its required installation date. All costs associated with the installation of a “Works Zone” will be at the applicants expense.

55. Road Closure Application

A Road Closure Application form and associated documents shall be submitted to Council for approval at least 5 business days prior to any proposed lane usage for concrete pours, cranes or other activities involved in the demolition, excavation and construction on the site.

56. Tree Protection - Excavation

Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected.

Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.

Tree Protection Zone (TPZ) around the trees to be retained are not to have soil level changes or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.

SECTION E – Prior to Occupation or Subdivision Certificate Conditions

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate.

57. Adaptable Housing Certification

Certification shall be provided by a person suitably accredited by the Association of Consultants in Access Australia, verifying that the development has been constructed in accordance with the requirements of AS4299 - Adaptable Housing and AS1428 - Design for Access and Mobility and in accordance with the report and checklist submitted with the Construction Certificate.

58. SEPP No 65 Certification

A design verification statement from a qualified designer shall be submitted verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principals of State Environmental Planning Policy No. 65.

59. Completion of Landscaping

Certification shall be provided from a suitably qualified and experienced Landscape Designer or Landscape Architect. This Certification shall verify that the landscape works have been completed in accordance with the approved detailed landscape plan and relevant conditions of this consent.

Note: A Landscape Designer is a person eligible for membership of the Australian Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect.

60. Consolidation of Lots

The lots covered by this development consent shall be consolidated into one lot and proof of registration of the consolidation shall be submitted to Council.

61. Section 73 Compliance Certificate

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

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

Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water / sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority.

62. Stormwater Compliance Certificate

A Stormwater Compliance Certificate is to be obtained for the constructed on-site stormwater management systems in conjunction with the works-as-executed drawings and the final inspection. This Certificate is to be signed by an accredited hydraulic engineer (preferably be the original design consultant) and submitted to the Principal Certifying Authority. Copy of the standard Stormwater Compliance Certificate is shown in Council’s Water Management Policy.

If the proposed works involve Council owned stormwater infrastructure (or infrastructure to be owned by Council), then the applicant should organise inspection with Council and pay Council the appropriate inspection fee. Inspection is to be carried out at the following specified stages:

· Prior to backfilling of pipelines trenches.

· Prior to backfilling of drainage connection to pipeline or channels.

· Prior to casting pits and other concrete structures including kerb and gutter, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

63. Positive Covenant

A Restriction on Use of the land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owner of the land. The terms of the instrument are to be generally in accordance with the Council’s standard terms and conditions for Restriction on Use of the land and Positive Covenant shown in Council’s Water Management Policy.

64. Maintenance Schedule

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

65. Verification of Levels

For flood affected properties, a registered surveyor shall verify the levels of the design overland runoff path and finished floor levels to AHD and according the approved plans.

66. Fire Safety Schedule

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building). The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

67. BASIX Completion Receipt

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

SECTION F – Prescribed Conditions

The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000.

68. Compliance with the Building Code of Australia

The development must be carried out in accordance with the provisions of the Building Code of Australia.

69. Insurance Requirements under Home Building Act 1989

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989. This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.

It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

70. Erection of Signs

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

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

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

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

71. Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

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

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

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

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

72. Shoring and Adequacy of Adjoining Property

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

73. Council Notification of Construction

The erection of a building which is the subject of a Development Consent must not be commenced until:

a) Detailed plans and specifications of the building have been endorsed with a construction certificate by Council or an accredited certifier.

b) the person having the benefit of the development consent has:

· appointed a Principal Certifying Authority (PCA),and

· notified Council (if Council is not the PCA) in writing of the appointment, and

· given at least 2 days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

SECTION G – Demolition Conditions

The following conditions are imposed to ensure the demolition associated with the proposed development is carried out having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment.

74. Demolition Conditions-Asbestos

(a) Demolition of buildings where asbestos is determined to be present should only occur 7am – 5pm Monday to Saturdays, and must not occur on Sundays or Public Holidays, to ensure that the persons carrying out the work have access to WorkCover professionals if required.

(b) All asbestos removal shall be undertaken in accordance with the requirements of WorkCover’s ‘How to Safely Remove Asbestos’ Code of Practice and Council’s Asbestos Policy.

(c) Written notice must be provided to Georges River Council five (5) working days (excluding public holidays) prior to commencement of any works.

Written notice is to include the following details:

· Date the demolition will commence

· Name, address, contact details (including after hours) and licence number of the demolisher and asbestos removalist (if different)

Work must not commence prior to the nominated demolition date.

Note: it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

(d) The owner is to notify all owners and occupiers of premises on either side, opposite and at the rear of the development site five (5) working days prior to demolition. Such notification is to be clearly written on A4 size paper stating the date the demolition will commence and is to be placed in the letterbox of every premises (including every residential flat or unit, if any). The demolition must not commence prior to the date and time stated in the notification.

(e) A demolition or asbestos removal contractor licensed under the Work Health and Safety Regulations 2011 must undertake removal of more than 10m² of bonded asbestos (or otherwise specified by WorkCover or relevant legislation).

Removal of friable asbestos material must only be undertaken by a contractor that holds a current AS1 Friable Asbestos Removal Licence.

(f) Demolition sites that involve the removal of asbestos must display 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 on the site to the satisfaction of Council’s officers. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos has been removed from the site to an approved waste facility.

(g) All asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations (Waste) Regulation 2005. All receipts detailing method and location of disposal must be submitted to Council as evidence of correct disposal.

(h) A Clearance Certificate or Statement, prepared by a suitably qualified occupational hygienist must be provided to Council upon completion of demolition and asbestos related works, which confirms that the relevant legislative requirements in relation to safe removal and disposal have been satisfied.

(i) A Work Cover Licensed Demolisher is to be engaged to carry out any demolition works using mechanical equipment where the structure is over 4 metres in height or to carry out any manual demolition works on a structure over 10 metres in height.

(j) The provision of temporary fences and footpath crossing pads prior to commencement of demolition operations. Further, no waste materials or bins are to be placed on Council's roadways or footpaths.

(k) No waste materials are to be burnt on site.

(l) No trees as defined by Council's Tree Preservation Order being removed or damaged on the site without the prior written approval of Council.

(m) Compliance with the provisions of Australian Standard AS 2601-1991:"The Demolition of Structures", which requires notification of demolition to be submitted at least seven (7) days prior to demolition to the NSW Workcover Authority.

(n) Effective erosion and sediment control measures are to be undertaken during the course of demolition and building works in accordance with Council’s ‘Environmental Site Management Policy’. Failure to implement appropriate measures may result in a $750 Penalty Infringement Notice (individual) and/or $1,500 (corporation) being issued and/or the incurring of a maximum penalty of $250,000 (corporation) or $120,000 (individual) through the Land and Environment Court.

(o) Appropriate measures are to be implemented on site to control dust and other air borne matter and demolition material is to be stored and stacked in a manner so as to minimise the risk of damage or nuisance to neighbouring properties.

(p) Council being notified upon completion of the demolition works so that an inspection can be made of the roadway and footpath.

(q) All non-recyclable demolition material being disposed of at an approved waste disposal depot. Details as to the method and location of disposal of demolition materials (weight dockets, receipts, etc.) should be kept as evidence of approved method of disposal.

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

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

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

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

END CONDITIONS

NOTES/ADVICES

1. Review of Determination

Section 82A of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination. Any such review must however be completed within 6 months from its determination. Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

Note: review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.

2. Appeal Rights

Division 8 (Appeals and Related matters) Part 4 of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

3. Lapsing of Consent

This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 95 of the Environmental Planning and Assessment Act 1979 as amended.

4. Worksite Safety

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment. This may be by the engagement of an appropriately competent principal contractor. There are various legislative and WorkCover requirements with respect to maintaining a safe work-site. Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

5. Worksite Safety Scaffolding

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards. The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding. Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding. For further information regarding this please see www.workcover.nsw.gov.au.

6. Kid Safe NSW

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners. The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home. Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

7. Dial Before You Dig

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavation or erection of structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

8. Disability Discrimination Act

This authorisation does not imply that the proposal complies with Disability Discrimination Act 1992. The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility. AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability Discrimination Act 1992.

9. Demolition Waste

Sorting your construction and demolition waste will save you money. For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

10. Property Address

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

11. Stormwater

The Flood Planning Level (FPL) of Lot 23 of DP5452 is identified at RL 23.11m (AHD). The Flood Planning Level (FPL) of Lot 24 of DP5452 is identified at RL 23.84m (AHD). Lots 25 and 26 of DP5452 are affected by the Probable Maximum Flood (PMF) but not the 1 in 100 year flood. The development has been approved with a Finished Floor Level upon submission and review of the document 27-33 Nielsen Avenue – Flood Level Summary by Cardno dated 9 June 2017.

ATTACHMENTS

Attachment View1	Site Plan - 27-33 Nielsen Ave, Carlton
Attachment View2	Elevations -27-33 Nielsen Ave, Carlton
Attachment View3	Shadow Drawing - 27-33 Nielsen Ave, Carlton
Attachment View4	3D View - 27-33 Nielsen Ave, Carlton
Attachment View5	3D View 2 - 27-33 Nielsen Ave, Carlton

Georges River Council – Independent Hearing and Assessment Panel Tuesday, 19 December 2017

Page 76

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Tuesday, 19 December 2017

IHAP Report No	3.3	Application No	DA2017/0022
Site Address & Ward Locality	27-29 Cairns Street and 28-30 Eldon Street Riverwood Peakhurst Ward
Proposal	Demolition of existing structures and construction of a multi dwelling development containing twelve (12) dwellings including four (4) dwellings proposed as Affordable Rental Housing
Report Author/s	Senior Development Assessment Officer
Owners	H Zhang, X Y Chen, Q Lin, L J Shen, Q A Lu, and K Zhang
Applicant	AJC Limited Investment Pty Ltd
Zoning	Zone R2 - Low Density Residential zone
Date Of Lodgement	3/02/2017
Submissions	14 submissions including petition containing 26 signatures
Cost of Works	$2,800,00.00
Reason for Referral to IHAP	More than 10 submissions received to the application

Recommendation

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

Site Plan

Executive Summary

Proposal

1. The application seeks approval for the construction of a multiple dwelling development comprising twelve (12) x dwellings with four (4) dwellings being affordable housing under the provisions of State Environment Planning Policy (Affordable Rental Housing) 2009.

Site and Locality

2. The subject site is known as 27 and 29 Cairns Street and 28 and 30 Eldon Street, Riverwood and comprises four (4) lots. The combined width of the site is 26.21m and the site area is 2908sqm. The site has a slight fall from the north (Cairns Street boundary) to south (Eldon Street boundary) with the difference in level being 3.95m. There is one (1) small tree on the site at the Eldon Street frontage and a significant street tree at the front of the site on Cairns Street.

The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses and several multiple dwelling developments and residential flat buildings on Cairns Street, and one (1) and two (2) storey dwelling houses on Eldon Street. At the end of the street to the west is the commercial centre of Riverwood on Belmore Road.

Zoning and Permissibility

3. The subject site is zone R2 Low Density Residential and the proposed development is permissible in the zone with the consent of Council.

Submissions

4. The application was notified to seventy five (75) residents/owners in accordance with Council’s requirements and fourteen (14) submissions including one petition with twenty six (26) signatures were received in reply. The issues raised in the submissions are detailed in the report.

Conclusion

5. The application has been assessed against the requirements of the relevant planning instruments and development control plans and is consistent with those requirements. The submissions received to the application have been addressed in the report and through amended plans. Conditions of consent have also been provided in the recommendation regarding the provision of high sill windows to the first floor side elevations of the dwellings to reduce any potential privacy impacts on adjoining developments. Accordingly, the application is recommended for approval subject to conditions of consent.

Report in Full

DESCRIPTION OF THE PROPOSAL

6. The application seeks approval for the construction of a multi dwelling development comprising twelve (12) x dwellings with four (4) dwellings being affordable housing under the provisions of State Environment Planning Policy (Affordable Rental Housing) 2009. The site contains four (4) lots with two (2) lots facing Cairns Street and two (2) lots facing Eldon Street. Details of the proposed development are as follows:

Units 1 and 2 facing Cairns St and Units 1 and 2 facing Eldon St

Each dwelling is two (2) storeys with direct access off the street. On the ground floor, each dwelling will contain a double garage, a family/dining area, kitchen, laundry, wc, and bedroom with ensuite. A ground floor private open space area with access off the family area is provided adjoining the side boundary. The first floor contains three (3) bedrooms, one with ensuite, separate bathroom, living area, study nook and balcony facing the front elevation. These units have been identified as being able to be adaptable housing.

Units 3 and 4 Cairns St and Units 3 and 4 Eldon St

Each dwelling is two (2) storeys. On the ground floor, each dwelling will contain a double garage, a family/dining area, kitchen, laundry with wc, and bedroom with ensuite. A ground floor private open space area with access off the family area is provided adjoining the side boundary. The first floor contains three (3) bedrooms, one with ensuite, separate bathroom, and study area.

Units 5 and 6 Cairns St and Units 5 and 6 Eldon St

These dwellings are single storey and contain living/dining area, kitchen, two (2) bedrooms, with ensuite and walk-in-robe to one bedroom, separate bathroom, laundry, and single garage. A ground floor private open space area with access off the family area is provided adjoining the side boundary. These four (4) dwellings will be designated as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.

Visitor parking

Four (4) visitor car spaces are provided to the development which are located central to the site.

DESCRIPTION OF THE SITE AND LOCALITY

7. The subject site is known as 27 and 29 Cairns Street and 28 and 30 Eldon Street, Riverwood and comprises four (4) lots. The combined width of the site is 26.21m and the site area is 2908sqm. The site has a slight fall from the north (Cairns Street boundary) to south (Eldon Street boundary) with the difference in level being 3.95m. There is one (1) small tree on the site at the Eldon Street frontage and a significant street tree at the front of the site on Cairns Street.

Existing on the site are single storey dwellings houses with outbuildings. Adjoining the site on the Cairns Street frontage is a single storey dwelling house and a two (2) storey dwelling house and adjoining the site on the Eldon Street frontage are single storey dwelling houses.

27 and 29 Cains Street Riverwood

28 and 30 Eldon Street Riverwood

Residential flat buildings located opposite the site on Cairns Street Riverwood

COMPLIANCE AND ASSESSMENT

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

Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

9. The provisions of Hurstville Local Environmental Plan 2012 apply to the proposed development with the relevant clauses being as follows.

Clause	Standard	Assessment Under HLEP 2012
Part 2 – Permitted or Prohibited Development	R2 Low Density Zone Objectives of the zone	The proposal is permissible within the R2 – Low Density Residential zone The proposal complies with the objectives of the zone
2.7 – Demolition requires Development Consent	The demolition of a building or work may be carried out only with development consent	Demolition is not sought with this application but will be required prior to development of the site.
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	7.72m
4.4 – Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map 0.63:1 under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009	0.48:1
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	In accordance with Cl. 4.5
4.6 – Exception to Development Standards	Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard (Cl 4.6 variation)	No variation requested
5.9 – Preservation of trees or vegetation	Trees to be removed are specified in DCP No.1	One (1) street tree is located at the front of the site which is considered part of significant street planting. This tree will be retained and protected during construction. Council’s Tree Management Officer has provided appropriate conditions of consent.
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: * Supply of water, electricity and disposal and management of sewerage * Stormwater drainage or on-site conservation * Suitable vehicular access	Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land. The site will drain to Eldon St via gravity. New driveway crossings to Cairns St and Eldon St for the development (standard conditions for the submission of separate vehicular crossing applications and driveway design)

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

10. Compliance with the relevant state environmental planning policies is detailed in the table below.

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment	Yes
State Environmental Planning Policy 55 – Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index BASIX) 2004	Yes
State Environmental Planning Policy – Affordable Rental Housing 2009	Yes, see assessment below

STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009

11. The proposed development includes the provision of four (4) dwellings to be used as affordable rental housing under the provisions of this SEPP. The dwellings nominated are the four (4) single storey dwellings.

Division 1 - Development to which this Division applies

The application has been submitted as infill development under Division 1 of State Environmental Planning Policy (Affordable Rental Housing) 2009.

The extent to which the proposed development achieves the locational and numerical standards of the State Environmental Planning Policy (Affordable Rental Housing) 2009 is discussed in the following series of tables:

Clause	Standards	Proposal	Complies
Clause 10(1) - Land to which Division applies for the purpose of infill development with consent	-R1 General Residential, -R2 Low Density Residential -R3 Medium Density Residential -R4 High Density Residential, -B1 Neighbourhood Centre -B2 Local Centre -B4 Mixed Use	Site is zoned R2 Low Density Residential and the proposed infill development being four multi dwellings within the development, is permissible in the zone	Yes
Clause 10(2) – Development to which this Division applies	-Land must be within an accessible area (*)	The subject site is within 550m walking distance to Riverwood Railway Station	Yes
Clause 13 – Floor space ratios	-Percentage of gross floor area that is to be used for affordable housing is at least 20% of the development. -The existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus: If the existing maximum floor space ratio is 2.5:1 or less: Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent, where: AH is the percentage of the gross floor area of the development that is used for affordable housing: Y = AH ÷ 100 (0.3 = 30÷ 100 - maximum FSR for the development is:0.3:1 plus 0.6:1 (LEP) = 0.63:1	The proposal utilises 419.6sqm (30% – 4 Units) of the gross floor area for affordable housing. -The floor space ratio of the entire development is 0.48:1	Yes
Clause 14- Standards that cannot be used to refuse consent	Refer to table below	Refer to table below	Yes
Clause 15– Design requirements	The consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.	The development has been assessed against these requirements and is consistent with the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development.	Yes
Clause 16A – Character of local area	Refer to discussion below	Refer to discussion below	Yes
Clause 17- Must be used for affordable housing for 10 years	Conditions are to be imposed on the consent requiring the nominated dwellings to be used as affordable housing	A condition can be imposed on any consent granted	Yes
Clause 18- Subdivision	Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.	Subdivision is not requested with this application	N/A

(*) Accessible area means land that is within:

(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

Clause 14 - Standards that cannot be used to refuse consent

Council cannot refuse a development application for infill development State Environmental Planning Policy (Affordable Rental Housing) 2009 for any of the following grounds.

Clause 14	Standards	Proposal	Complies
Site area	450sqm minimum	2908sqm	Yes
Landscape Area	At least 30% of the site area to be landscaped	30%	Yes
Deep soil zones	-15% of the site area -minimum 3m dimensions -if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area	25%, located within the front setback area and adjoining the side setback areas which is appropriate for the development	Yes
Solar Access	Living rooms and private open spaces for minimum 70% of the dwellings receive minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter	Shadow diagrams submitted with the application show that 70% of the dwellings will receive at least 3 hours between 9am and 3pm in mid-winter	Yes
Parking	1 parking space provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3+ bedrooms = at least 1 car space required per dwelling as all dwellings are 2 bedrooms (no visitor parking required under the SEPP)	Each dwelling has a single garage (1 space)	Yes
Dwelling size	70sqm for a dwelling having 2 bedrooms	The affordable housing dwellings are 84sqm	Yes

Clause 16A – Character of local area

Clause 16A states that a consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area. The applicant’s planning consultant Chapman Planning Pty Ltd has submitted the following statement in reply to this requirement:

The proposed in-fill housing development is consistent with the design, form and scale of development in Cairns Street and Eldon Street and planned for the locality based on the following assessment.

i. The form and scale of the building, 2 storeys, the landscape presentation to the street, and articulated facades ensures the development proposal is compatible with the form and scale of the existing residential flat building development and multi-dwelling housing within the visual catchment of the subject site.

ii. The development has a front setback that aligns with the adjoining buildings creating a landscaped front setback contributing to the residential character and landscape setting of Cairns Street and Eldon Street. The proposal includes deep soil landscape areas within the side and front setbacks creating separation to the adjoining properties.

iii. The subject site is zoned R2 – Low Density Residential under the Hurstville LEP 2012 and multi-dwelling housing development is a permissible land use. The planning controls allow a 9m high development on the site. The building form complies with the building height standard.

iv. The side and rear setbacks are consistent with the objectives of the setback controls for multi-dwelling housing contained in Hurstville DCP achieving landscape corridors on the side of the building and rear boundaries of the adjoining properties.

In my opinion the proposed built form is compatible with the scale of residential flat building development in the visual catchment of the subject site and meets the character test required under clause 16A of SEPP – ARH and allows Council to consent to the development.

The planning principle in Project Venture Developments Pty Ltd v Pittwater Council can be used as a reference in determining the compatibility of the proposal against the character of the local area. The building form and character of the development is compatible with development under the R2 – Low Density Residential zone. In the Project Venture matter it was accepted that buildings can exist together in harmony without having the same density, scale or appearance.

Comment: The proposed development is considered to be compatible with the character of the local area for the following reasons:

§ The subject site is located within a R2 Low Density Residential zone which has existing residential developments of one, two and three storeys. In this context, the proposed development is consistent with the existing streetscape and built form. The proposed development has been designed with front and side setbacks that are consistent with the requirements for multi dwelling developments. Although the development contains affordable rental housing, the entire development maintains a floor space ratio below the maximum of 0.6:1. When viewed from the street the apparent bulk and scale of the development is consistent with that of multi dwelling developments. The development will function as a multi dwelling development irrespective of the affordable rental housing component located on site.

§ The development is consistent with the relevant requirements and represents a bulk and scale consistent with the planning controls.

§ The proposed development results in negligible shadow impacts on adjoining developments and has been designed to minimise privacy impacts with the location of balconies and primary windows on the front elevations and within the development.

§ In its context the proposed development is consistent with the surrounding area which contains residential flat buildings on the opposite side of Cairns Street and multi dwelling developments to the east of the site. The multi dwelling developments existing to the east of the site, within the R2 Low Density Residential zone have established an existing character to the street similar to that being proposed. The design of the proposed development is also similar to these developments in terms of site coverage, setbacks, and location of landscape open space areas.

Draft Environmental Planning Instruments

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

Development Control Plans

13. The provisions of Hurstville Development Control Plan No 1 (DCP 1) apply to the proposed development with the relevant sections being as follows.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 3.1 VEHICLE ACCESS, PARKING AND MANOEUVRING

14. The extent to which the proposed development complies with the car parking provisions is outlined in the table below.

Development

Requirements

Proposed

Complies

3.1.4.2(a) – Layout

AS2890.1 – Minimum dimensions for 2 car spaces and for single car space

Two car spaces provided for each townhouse and single garage for each villa.

Dimensions are appropriate.

Yes

3.1.2.1(4) – Ramps, transitions and driveways

AS2890.1 – Maximum driveway gradient = 1 in 4 (25%)

Minimum headroom at a grade change (driveway and underside of the front balcony) = 2.2m

Compliance with the relevant Australian Standard is achieved.

Yes

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

15. The extent to which the proposed development complies with the access and mobility provisions is outlined in the table below.

Section 3.3 – Access and Mobility	Requirements	Proposal	Complies
Adaptable dwellings for multi dwelling developments	In developments containing 5 or more dwellings, a minimum of 1 adaptable dwelling, designed in accordance with AS 4299, shall be provided. Adaptable housing dwellings shall be provided thereafter at the rate of 1 per 5 dwellings or part thereof (12 dwellings) = 3 adaptable units required	3 adaptable dwellings can be provided subject to standard conditions	Yes
Access requirements	Access to required adaptable dwellings and relevant parking spaces. Appropriate access for all persons through the principal entrance of the building and access to any common facilities shall be provided	Appropriate access can be achieved	Yes
Accessible car space	1 space per adaptable dwelling. Layout complies with Australian Standard	1 space per adaptable dwelling can be provided subject to conditions of consent	Yes

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

16. The extent to which the proposal complies with the requirements of this section of Development Control Plan No 1 is outlined in the table below.

CPTED	Requirement	Proposed	Complies
3.4.1.1 – Fencing	Front fence: preferred height of 1m	A front fence will be provided on the front boundary which will be maximum 1.1m high	Yes
3.4.1.4 – Entrances	Clearly visible and not confusing	Entrance is clearly visible	Yes
3.4.1.5 – Site and building layout	-Provide surveillance opportunities -Dwelling addresses street -Habitable rooms are directed towards the front of the building	Dwellings comply with these requirements	Yes
3.4.1.6 – Landscaping	Avoid medium height vegetation with concentrated top to bottom foliage	Landscape plan prepared by landscape architect and is appropriate.	Yes
3.4.1.8 – Building identification	Dwellings to be clearly numbered	Yes, can be provided	Yes

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 3.7 STORMWATER

17. It is proposed to drain the development by gravity to Eldon Street. Appropriate conditions of consent have been attached to the recommendation, should consent be granted.

Stormwater Assessment
Existing Stormwater System	On site disposal or gravity
Proposed Stormwater System	Gravity to Eldon Street
Stormwater objectives for development type met?	Consistent
Slope to rear (measured centreline of site)	Yes, but rear of site has frontage to Eldon Street
Gravity to street (from property boundary to street kerb)?	Yes
Discharge into same catchment?	Yes
Easement required?	No
OSD required	Yes

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 3.5 LANDSCAPING

18. The subject site contains one street tree at the front of the site on Cains Street and one (1) tree within the site. It was proposed to retain the street tree and remove the one site tree. The application has been reviewed by Council’s Tree Management Officer who has advised that the street tree is part of significant street tree planting and is to be retained in accordance with conditions of consent to be attached to any consent granted. There is no objection to the removal of the site tree.

A landscape plan has been submitted with the application that has been prepared by a landscape architect. The plan shows that new planting will be introduced to the site including large trees in lieu of the one to be removed.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE – SECTION 4.2 MULTI DWELLING HOUSING

19. The proposed development complies with the requirements of section 4.2 as follows.

Section 4.2 -

Multi Dwelling Housing

Design solution

Proposed

Complies

PC1

Neighbourhood Character

Application to be supported by a SEE that:

-includes a satisfactory neighbourhood & site description, including the ID of key features

-shows how the siting & design responds to the key features identified in the neighbourhood & site description

-shows the development satisfies objectives of the zone in the LEP

Development is appropriate for the neighbourhood character as discussed in the report above.

Yes

PC2

Site Frontage

The minimum street frontage is 15m

26.21m

Yes

PC3

Dwelling Density

R2 zone 315sqm

FSPA 500sqm

315sqm x 8 = 2520sqm

plus

4 x dwellings under the provisions of the SEPP (Affordable Rental Housing ) 2009

Site area = 2908sqm

Yes (1)

PC4

Building Height

R2 zone - 2 Storeys

R3 zone - 3 Storeys

In the R2 zone, the maximum number of storeys for the rear dwelling is 1

The minimum floor to ceiling height is 2.7m

2 storey at the front

1 storey at the rear (which in the case of this development is the area at the middle of the site.

Floor to ceiling height = 2.7m minimum

Yes

PC5

Excavation

The natural ground level is not excavated more than 0.5m for the finished ground floor level

The maximum excavation for any building’s finished ground floor level facing a public street is 0.5m below natural ground level

Any excavation proposed is less than 0.5m

Yes

PC6

Setbacks

Minimum side setback 3m (for one and two storey)

Min primary street setback 4.5m

To enable stacked parking the minimum front setback to a garage, carport or other roofed car parking space is 5.5m

An articulation zone allowing for lightweight elements such as eaves, sun-hoods etc may intrude up to 1m within a road boundary setback for a maximum of 25% of the horizontal distance of the total façade

The minimum setback to a secondary street is 4m

The minimum separation distance between balconies and/or windows of different buildings located on the same site is 5m

Minimum rear setback 6m

Side setback for all dwellings on ground floor = 3m

Side setbacks for all garages on ground floor = 4.11m

Side setback for first floor of dwellings = 3 –4.11m

Front setback = 4.5m

N/A, no stacked parking proposed

Articulation zone to dwellings 1 and 2 on both street frontages = <25%

N/A

There are no windows or balconies within 5m

The development does not have a “rear setback” due to the development being located across four sites with two street frontages. The middle of the site, where the existing rear boundary of the sites is located contains a single garage and two hard paved car spaces adjoining each side boundary. The area immediately adjoining the side boundary is landscaped and forms part of the private open space of the villas.

Yes

PC7

Vehicle access & parking

For studio, one or 2 bedrooms = 1 car parking space (4 x 2 bedrooms proposed) = 4 car spaces required

3 or more bedrooms =

2 car parking spaces (8 x 3+ bedrooms proposed) = 16 car spaces required

For developments of 4 dwellings or more, or part thereof, 1 visitor space (12 dwellings proposed) = 3 visitor spaces required

Car parking is located behind the building and is not visually prominent when viewed from the street

Vehicle access & manoeuvring does not occupy more than

-40% of the frontage where the total site frontage to the street is 20m or less

-33% of the frontage where the total site frontage to street is greater than 20m

Garages & carports do not visually dominate the street façade & are compatible with the building design

The maximum height of a basement above natural ground is 1m

20 car spaces provided in accordance with requirements

4 visitor spaces provided (2 can be used as accessible spaces, however condition of consent will require accessible spaces to be provided within the garage of each adaptable dwelling)

No garages on frontage and do not dominate the street

One driveway 5.5m wide provided on each street frontage which is 21% of the frontage

Garages and carport do not dominate the facade

N/A, no basement proposed

Yes

PC8

Landscape Open Space

Minimum open space is

20% of the site area or

25% where in the FSPA

Minimum dimension of open space is 2m in any direction

Landscaping between the front of buildings and the street reduces the visual impact

Landscape plan provided addressing design solutions and communal open space

Open space = 25%

2m dimension

Landscaping between front setback and front of building which is common open space

Landscape plan provided for the site.

Yes

PC9

Private Open Space

Less than 3 bedrooms

-Minimum area of 50sqm

-Minimum dimension of 3m

-Contains at least one area of PPOS with min dimension of 6m x 4m and not steeper than 1 in 20 and accessible from the main living room

More than 3 bedrooms

-Minimum area of 60sqm

-Minimum dimension of 3m

-Contains at least one area of PPOS with min dimension of 6m x 4m not steeper than 1 in 20 and accessible from the main living room

The PPOS is not to be located forward of the front setback

All 2 bedroom dwellings have minimum 66sqm of private open space

All 3+ bedroom dwellings have more than 60sqm of private open space

The private open space complies with all other requirements

Yes

PC10

Solar Access

Development allows for at least 3 hours of sunlight on the windows of main living areas & adjoining private open space of adjacent dwellings between 9.00am & 3.00pm on 22 June

Exemptions will be considered for east-west orientation

Development complies with “Energy Efficiency” & BASIX

Window shading devices to minimise exposure to direct summer sun or deciduous trees

Development allows for more than 3 hours sunlight to adjoining developments

BASIX Certificate submitted and is appropriate

PC11

Visual Privacy

Habitable room windows with a direct outlook within 9m of the habitable room windows of an adjacent dwelling must be:

-offset by a min of 1m from the edge of the opposite window or

-screened or oriented to ensure visual privacy

No windows are proposed with a direct outlook to adjoining windows. However, the first floor bedroom windows adjoining the side elevations should be high sill windows to reduce overlooking of adjoining developments, particularly the rear yards/private open space area of the adjoining sites. A condition to this effect has been provided, should consent be granted.

Yes

PC12

Noise

Windows of adjacent dwellings are separated by a distance of at least 3m (this can be achieved by an offset)

Site layout separates active recreational areas, parking areas, vehicle access-ways and service equipment areas from bedroom areas

Dwellings are designed so that the internal noise level from outside sources does not exceed the parameters set by the EPA

Habitable rooms located within 60m of a railway or facing a major road, comply with the criteria of NSW Govt.

Where development is likely to be subject to noise from a railway line, arterial or state road or Sydney airport flight path. Council may require an acoustic report from a qualified engineer

Development complies with these requirements

Yes

PC13

Streetscape

Development on corner sites addresses both street frontages

Note: large expanses of blank, unarticulated walls on any street frontage are not supported

In more urban streetscapes, development emphasizes corners by increased scale or massing treatments compared to the remainder of the buildings

Note: compliance with maximum building height under the LEP must be achieved in these situations

Roofs:

-have a pitch up to 35deg, or up to 45deg where an attic is involved

-are encouraged to have a varied shape with hips, gables or other forms

-mark the entrance to a building by the use of a porch, portico or similar element

The maximum internal width of dormer windows is 2m

The max wall length in one plane is 6m at the street frontage

The development complies with these requirements

Yes

PC14

Fencing

Solid fences & walls fronting public space no more than 1m high

Where POS has a common boundary to a street, the max height is 1.8m with a min 50% transparent

Where fronting a major road or railway line

-the max height is 1.8m

-must not exceed 10m in length or 75% of the frontage whichever is less

-must provide variation or detailing

Fencing at street frontages is constructed from height quality durable materials

(rendered concrete, stone or treated & painted timber)

Galvanised or aluminium sheeting or profiled fibro are not permitted

Front fence is maximum 1.1m high with appropriate materials

Yes

PC15

Site Facilities

Electricity and phone lines must be underground, except where direct connection to a pole is available

Mail & garbage collection areas are integrated into the overall design

Provide space for the storage of recyclable goods, either in the curtilage of each dwelling or in a central storage area

A master TV antenna is provided for any development of more than 2 dwellings

A minimum area of 6m³ per dwelling is provided for storage & is located as either an extension of a carport or garage or part of an attic

Communal outdoor clothes drying facilities must be visually screened from the street

Development complies with these requirements.

The plans do not show the provision of minimum 6m³ of storage area but this can be accommodated within each dwelling. A condition of consent will require this.

Yes

1) Density

The proposed development includes the provision of four dwellings to be used as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. The provision of affordable housing to the site is determined by the maximum floor space ratio that applies under the SEPP and not the density provisions of the Development Control Plan. As such the provision of affordable housing to the site can be considered in conjunction with the multi dwelling development proposed on the site. Notwithstanding this, the maximum floor space ratio for R2 Low Density Residential zone is 0.6:1 and the proposed development has a floor space ratio of 0.48:1 which is below the maximum permitted. As such the provision of affordable housing to the multi dwelling development does not compromise the floor space ratio of the development.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - APPENDIX 1 - SECTION 7 WASTE MANAGEMENT

20. A waste management plan has been submitted with the application that is consistent with the provisions of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - APPENDIX 1 - SECTION 8 ENERGY EFFICIENCY

21. The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. In terms of overshadowing the proposed development complies with the solar access requirements of Development Control Plan No 1 in that adjoining developments will receive at least 3 hours solar access to the principal private open space area and to windows on the side elevations between 9am and 3pm on 21 June.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - APPENDIX 1 - SECTION 9 PRESERVATION OF TREES AND VEGETATION

22. This has been discussed in the report above under the heading Section 3.5 Landscaping.

IMPACTS

Natural Environment

23. The proposed development is unlikely to result in adverse impacts to the natural environment. The subject site contains one street tree at the front of the site on Cains Street and one (1) tree within the site. It is proposed to retain the street tree and remove the one (1) site tree. The application has been reviewed by Council’s Tree Management Officer who has advised that the street tree is part of significant street tree planting and is to be retained in accordance with conditions of consent to be attached to any consent granted. There is no objection to the removal of the site tree.

Built Environment

24. The proposed development is unlikely to have an adverse impact on the built environment. The proposed development complies with the relevant requirements and achieves a built form that is consistent with the expectations of the planning requirements. The provision of four dwellings to be used as affordable rental housing is permissible in the zone and falls under the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

Social Impact

25. The proposed development has no apparent adverse social impact. The proposed development includes the provision of four dwellings to be used as affordable rental housing. Under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, these dwellings will be managed by a registered community housing provider. The provision of affordable housing is considered to be of social benefit as it provides an additional form of accommodation within the development.

Economic Impact

26. The proposed development has no apparent adverse economic impact.

Suitability of the Site

27. The subject site has no impediments that preclude it from being development for the proposed development.

REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

28. The application was notified to seventy five (75) residents/owners in accordance with Council’s requirements and fourteen (14) submissions including one (1) petition with twenty six (26) signatures were received in reply. The issues raised in the submissions are summarised as follows with a comment provided by the applicant’s planning consultant and the Development Assessment Officer (DAO).

Car Parking & Traffic

- Additional traffic generation

- Road congestion issues already present within the surrounding road network.

- Existing road width of Cairns and Eldon Street is not wide enough to accommodate parking on both sides of the road and two-way road access.

- Traffic queuing on Talbot Street to turn into Eldon and Cairns Street.

- Concerns the general public may cut through the driveway.

- Inadequate street parking available on Cairns and Eldon Street.

- Existing traffic issues exist on Cairns and Eldon Street due to traffic generated from the local shops, train station and St Joseph’s primary school.

Applicant’s comment: The development proposal provides 24 onsite car parking spaces being 8 spaces in excess of the car parking requirement contained in clause 14(a)(ii) of SEPP – ARH 2009. The proposal provides 2 parking spaces for the 4 bedrooms dwellings and 1 space for the 2 bedrooms dwellings, and 4 visitor parking spaces being adequate on-site parking for the proposed 12 dwellings. The proposed 12 dwellings will not result in unreasonable traffic generation. As addressed in the Statement of Environmental Effects dated 22 December 2016 based on the RMS guidelines the additional traffic generation will be 3.8 peak hour trips. This traffic generation will not have unacceptable impacts on the road network capacity. The central driveway between Cairns and Eldon Street was discussed and accepted by Council at pre-development application discussions and the driveway will be access controlled. The straight driveway ensures there are adequate sight lines within the development.

DAO’s comment: The proposed development provides onsite parking in accordance with the relevant requirements which includes the provision of four visitor spaces. The floor space ratio of the development is less than the maximum requirement and in this regard the intensity of the site, including the vehicle movements generated from the site, is consistent with the expectations of the planning requirements. The traffic generation for this development is minor and intermittent and is considered acceptable for this type of development in the R2 zone.

Acoustic Impacts

- Noise generated from the development.

Applicant’s comment: The proposed development is for 12 dwellings being 1 – 2 storeys (medium density development) and the residential use will not generate unreasonable acoustic impacts.

DAO’s comment: The proposed development is for a residential development which meets the relevant requirements. Any acoustic impacts of the development will be consistent with that expected of residential developments and unlikely to result in adverse impacts to adjoining developments.

Building Design

- Impact of development on streetscape

- Density of development

- Street to street gun barrel driveway poor design outcome

- Develop Eldon and Cairns Street as separate developments retaining rear fence line

- Safety of both pedestrians and cars using driveway

- Location of first floor level windows

Applicant’s comment: Multi-dwelling housing is a permissible land use on the subject site under the Hurstville LEP 2012 and SEPP – ARH 2009. The development proposal has been designed as 1 – 2 storey buildings with the 2 storey form being compatible with residential flat building and multi-dwelling housing development within the visual catchment of the subject site.

The design requirements contained in clause 15 and character test at clause 16A are addressed at Part 4.3 of the Statement of Environmental Effects. Further, the proposal has a 4.5m setback to Cairns Street and Eldon Street with landscape area forward of the dwellings. The design of the driveway is addressed noting the central driveway between Cairns and Eldon Street was discussed and accepted by Council at pre-development application discussions and the driveway will be access controlled. The straight driveway ensures there are adequate sight lines within the development with each dwelling having a defined pedestrian entry. The upper level contains bedroom and bathroom windows being less intensely used rooms compared to the ground floor living rooms. The potential privacy impacts are addressed below.

DAO’s comment: As detailed in the report, the proposed development is consistent with the relevant requirements and whilst it includes four dwellings to be used as affordable rental housing, these dwellings have been integrated into the design and meet the requirements relating to multi dwellings in terms of car parking and private open space. The design of the development is consistent with that of multi dwelling developments and provides an appropriate streetscape outcome in terms of front setbacks and common landscaped open space in the front setback area.

Privacy Impacts

- Privacy impact from first floor windows, highlight and frosted windows at first floor level to reduce privacy impacts.

- First floor level window sill heights should be raised.

- High fence line to run along the side boundaries to maintain privacy.

Applicant’s comment: As addressed above the first floor level contains bedroom and bathroom windows. A number of the bedroom windows on the side elevations are designed as highlight windows. The highlight windows are opposite backyard zones – private open space of the adjoining properties mitigating potential privacy impacts. If required the other bedroom windows on the site elevations could be designed with translucent glazing to 1.5m from the floor level. This could be addressed by condition. The fence height on the boundary to 26 and 30 Eldon Street will be 1.8m and the fence will screen the open space area and living rooms at the ground floor level of the proposed dwellings.

DAO’s comment: The first floor windows on the side elevations are from bedrooms and bathrooms. Some windows are provided as high sill windows and some windows are full windows. As discussed in the report above, it is considered that the windows of bedrooms that adjoin development on Cairns St and Eldon St should be provided as high sill windows with a minimum sill height of 1.6m. A condition to this effect has been provided in the recommendation, should consent be granted.

Landscaping

- Front setback is dominated by hardstand surface driveway and includes minimal landscaping.

- Existing trees located at the sites rear boundaries should be retained to preserve existing possum and wildlife habitats.

- Planting of Indian Hawthorn unsuitable – considered an environmental weed in NSW & QLD.

- Increased selection of shade trees should be provided in POS.

- Better selection of fast growing screen planting along the side boundaries.

Applicant’s comment: The front setback areas includes deep soil landscape area, and the landscape plan submitted with the development application includes the planting of canopy trees. If required, the selection of tree species and shrubs can be addressed by condition. The landscape plan includes the planting of Sweet Viburnum on the side boundary, having a maturity height of 2.5m creating a landscape screen on the boundary.

DAO’s comment: The proposed development provides landscaped open space and private open space which complies or is in excess of the requirements. The driveway proposed for the development is centrally located which is the more efficient design in reducing hard surface to the site. The entry to the driveway represents 21% of the frontage of the site which is below the maximum 33% identified in the requirements. The remaining front setback area will be common landscaped area.

The application is accompanied by a landscape plan prepared by a landscape architect. The planting to the site includes trees, shrubs and hedging, including species on the side boundaries that will grow to 2.5m. The Indian Hawthorn species has been identified as a “weed” in remnant bushlands, but is considered to be an appropriate hearty shrub in urban landscapes. Notwithstanding this, a condition of consent will require this species to be replaced with a suitable native species. The application has been examined by Council’s Tree Management Officer who has raised no objection to the removal of the one site tree and the retention of the street tree located in Cairns St.

Private Open Space

- Insufficient private open space for 3 + bedroom dwellings.

Applicant’s comment: The ground floor plan has been amended to ensure all dwellings have a minimum 60sqm of private open space and this is shown on plan No. 1 and 2. The private open space areas range from 60.80sqm to 66.41sqm.

DAO’s comment: The design of the dwellings has been amended from that originally submitted so that all dwellings comply with the private open space requirements of Development Control Plan No 1.

Overshadowing

- Reduced solar access to neighbouring backyards

- All proposed buildings should be single storey to preserve solar access to neighbouring site

Applicant’s comment: The shadow diagrams and overshadowing is addressed at Section 6.3 of the Statement of Environmental Effects. The shadow diagrams confirm that the windows of main living areas and principal open space of the adjoining properties retain 3 hours of solar access at mid-winter meeting the design requirements contained in Part 4.2 – PC 10 of the DCP.

DAO’s comment: The shadow diagrams submitted with the application show that the proposed development will result in the adjoining developments receiving at least 3 hours solar access to the principle private open space and to the windows on the side elevation (adjoining the subject site) between 9am and 3pm on 21 June. This is consistent with the solar access requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009 and Development Control Plan No 1.

Stormwater/Flooding

- Large concrete driveway will contribute to existing flooding which occurs during heavy rain

- Capability of OSD tank to avoid excess flooding

Applicant’s comment: The development application is supported by stormwater plans with OSD prepared by KHH Consulting Engineers Pty Ltd.

DAO’s comment: The stormwater disposal plan submitted with the application has been reviewed by Council’s Team Leader – Subdivision and Development who has raised no objection subject to conditions of consent being attached to any consent granted. The proposed stormwater disposal is consistent with Council’s requirements.

Affordable Housing

- Concerns regarding affordable housing development and the potential social impact

Applicant’s comment: The development proposal includes 4 affordable dwelling of the proposed 12 dwellings. The 4 affordable dwellings are integrated with the multi-dwelling housing development ensuring the affordable dwellings are managed as part of the town house development.

DAO’s comment: Affordable rental housing is permitted on the site under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 and will be managed by a registered community housing provider. The four dwellings proposed as affordable rental housing are integrated into the multi dwelling development. The proposed development complies with the provisions of the relevant requirements and although the provisions for affordable rental housing allow for additional floor space ratio, the applicant has not taken advantage of this and the floor space ratio for the entire development is 0.48:1 which is less than the maximum 0.63:1 permitted.

Council Referrals

29. Team Leader Subdivision and Development

The application was referred to Council’s Team Leader – Subdivision and Development for comment who raised no objection to the development subject to conditions of consent being attached to any consent granted.

Tree Management Officer

The application was referred to Council’s Tree Management Officer who raised no objection to the development subject to conditions of consent being attached to any consent granted.

External referrals

30. No external referrals were required for this application.

CONCLUSION

31. This application seeks approval for the construction of a multiple dwelling development comprising twelve (12) x dwellings with four (4) dwellings being affordable housing under the provisions of State Environment Planning Policy (Affordable Rental Housing) 2009. The application has been assessed against the requirements of the relevant planning instruments and development control plans and is consistent with these requirements. The submissions received to the application have been addressed in the report and through amended plans. Conditions of consent have also been provided in the recommendation regarding the provision of high sill windows to the first floor side elevations of the development to reduce any potential privacy impacts on adjoining developments. Accordingly, the application is recommended for approval subject to conditions of consent.

DETERMINATION

32. 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 No DA2017/0022 for the construction of a multiple dwelling development comprising 12 x dwellings with 4 dwellings being affordable rental housing under the provisions of State Environment Planning Policy (Affordable Rental Housing) 2009 on Lots 32, 33, 62 and 63 DP 16032 and known as 27 and 29 Cairns Street and 28 and 30 Eldon Street Riverwood subject to the attached conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

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

Reference No.	Date	Description	Revision	Prepared by
Job No 028/15, Sheet 01/18	14 Nov 16	Site Plan	D	AJC United Investments Pty Ltd
02/18	14 Nov 16	Ground floor plan and first floor plan	D	AJC United Investments Pty Ltd
03/18	14 Nov 16	East and west elevations	D	AJC United Investments Pty Ltd
04/18	14 Nov 16	North and south elevations	D	AJC United Investments Pty Ltd
05/18	14 Nov 16	Cairns Street section plan	D	AJC United Investments Pty Ltd
06/18	14 Nov 16	Eldon Street section plan	D	AJC United Investments Pty Ltd
14/18	14 Nov 16	Siltation and sedimentation control plan	D	AJC United Investments Pty Ltd
15/18	14 Nov 16	Materials and finishes	D	AJC United Investments Pty Ltd
-	Received 3 Feb 17	Waste management plan	-	-
LDA-01 and LDA-02	14 Dec 16	Landscape site plan and Elevation and Landscape details	01	Stone Rose Landscapes

2. GEN1002 - Fees to be paid to Council - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment.

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

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:

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

S94 Residential (Community Facilities)

S94 Residential (Open Space, Recreation, Public Domain)

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

PCA Services Fee	$3,300.00
Construction Certificate Application Fee	$3,300.00
Construction Certificate Imaging Fee	$243.10

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

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

a. Amount of Contribution

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

Contribution Category Amount

Community Facilities $9,912.00

Open Space, Recreation and Public Domain Facilities $70,088.00

Total: $80,000.00

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

b. Indexing

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

c. Timing and Method of Payment

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

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

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

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

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

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

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $32,395.56.

(b) Payment to Council of a non refundable inspection fee to enable assessment of any damage and repairs where required: $300.00.

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

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

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

(iv) inspect the public works.

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

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

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

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

6. DEV7.2 - 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;

(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

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 Georges River Council’s website at: www.georgesriver.nsw.gov.au

For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

7. DEV7.4 - Engineering - Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a) Construct a footpath for the full length of the frontage of the site in in accordance with Council’s Specifications applying at the time construction approval is sought.

(b) The thickness and design of the driveway shall be in accordance with Council’s Specifications applying at the time construction approval is sought.

(c) Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in in accordance with Council’s Specifications for kerb and guttering.

(d) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work shall be carried out by a private contractor, subject to Council approval.

Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the commencement of those works.

8. DEV7.5 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

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

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

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

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

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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

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

(a) All bathroom, ensuite and stairwell windows to contain translucent glazing.

(b) Three adaptable dwellings are to be provided in accordance with the provisions of Hurstville development Control Plan No 1. The “accessible” car spaces located adjoining the visitor spaces shown on the approved site plan are to be deleted and be allocated as visitor spaces only. The accessible spaces required for the three adaptable dwellings are to be provided within the garage of each dwelling.

(c) The bedroom windows located on the first floor west elevation (adjoining 26 Eldon St and 25 Cairns Street) and east elevation (adjoining 32 Eldon Street and 31 Cairns Street) are to be constructed as high sill windows with a minimum sill height of 1.6m from the finished floor level of the bedroom.

(d) A storage area with a minimum area of 6 cubic metres is to be provided within each dwelling in accordance with the requirements of Hurstville Development Control Plan No 1.

(e) The Indian Hawthorn species identified on the landscape plan is to be replaced with an appropriate native species from the list provided on the Georges River Council website.

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

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

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

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

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

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

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

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

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

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

· location of protective site fencing;

· location of site storage areas/sheds/equipment;

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

· provisions for public safety;

· dust control measures;

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

· details of methods of disposal of demolition materials;

· method used to provide protective measures for tree preservation;

· provisions for temporary sanitary facilities;

· location and size of waste containers/skip bins;

· details of proposed sediment and erosion control measures;

· method used to provide construction noise and vibration management;

· construction traffic management details.

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

14. CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 786370M dated 19 December 2016 and 786384M dated 19 December 2016, approved with the Development Consent No. DA2017/0022, must be implemented on the plans lodged with the application for the Construction Certificate.

15. CC3001 - Development Engineering - Stormwater System

Reference No.	Date	Description	Revision	Prepared by
16077	20 Dec 16	Concept Stormwater Drainage Plan	0	KHH Consulting Engineers

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 upper level of Council’s kerb inlet pit /stormwater pipe located in Eldon Street in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

16. CC3005 - Development Engineering - On Site Detention

Reference No.	Date	Description	Revision	Prepared by
16077	20 Dec 16	Concept Stormwater Drainage Plan	0	KHH Consulting Engineers

The above 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.

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

(a) The Eucalyptus microcorys (Tallowwood) street tree located at the front of the site on the public nature strip at the front of 29 Cairns Street.

The tree shall be protected and maintained during demolition, excavation and construction of the site. A protective fence is to be installed at least 1.5m high and surround the tree 3.0m from the centre of the trunk. The temporary, protective fence is to be constructed of chain wire mesh panels held in place by concrete feet. Only manual excavation allowed in TPZ under the supervision of the project arborist who will advise, if any root pruning or tree sensitive design and construction measures should be undertaken. No storage of building materials, waste or any equipment in TPZ.

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

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

(a) Any trees or vegetation on the subject site.

Four (4) trees selected from the list of suitable species in the Georges River Council’s Tree Removal and Pruning Guidelines must be replanted within the front yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

The selected trees shall have a minimum pot size of 75 litres. A copy of Georges River Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

19. 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).

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

(d) columns

(e) structural steel

(f) reinforced building elements

(g) swimming pool design

(h) retaining walls

(i) stabilizing works

(j) structural framework

21. 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, Georges River Council prior to the issue of any Construction Certificate.

22. CC12.24 - Consolidation of Site - The site shall be consolidated into one allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Land and Property Information prior to the issue of a final occupation certificate.

23. CC9.90 - Allocation of street addresses - In order to comply with AS/NZS 4819:2011 Rural and Urban Addressing & the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements, the street addresses for the subject development must be allocated as advised by Georges River Council.

Details indicating compliance with this condition must be shown on the plans lodged with any Construction Certificate for approval.

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 Georges River 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. 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.

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

(a) Set out before commencing excavation.

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

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

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

(e) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

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

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

(h) Other.

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

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.

27. 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.

28. 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.

29. CON3001 - Development Engineering - Physical connection of stormwater to site -

No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's stormwater pipeline in Belmore Road.

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

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

32. CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site. 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, Georges River Council.

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

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

33. OCC12.2 - Restriction on use of land - Clause 38(1) SEPP (Affordable Rental Housing) – Multi Dwelling Developments - Social Housing Providers - For 10 years from the date of the issue of the Occupation Certificate:

(a) At least four dwellings (the single storey dwellings) of the accommodation to which the Development Application relates will be used for the purpose of affordable rental housing, and

(b) All accommodation that is used for affordable housing will be managed by a registered community housing provider.

A Restriction of Use of the Land is to be created using Section 88E of the Conveyancing Act 1919 over the subject property on which this development is to be carried out. This Restriction shall ensure that the requirements of Clause 38(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009 are met and shall be worded as follows:

For a continuous period of 10 years from the date of issue of any occupation certificate (being an Interim or Final Occupation Certificate) the following Restrictions on the Use of the Land will apply:

i. At least four dwellings (the single storey dwellings) of the accommodation to which the development application relates will be used for the purpose of affordable rental housing, and

ii. All accommodation that is used for affordable housing will be managed by a registered community housing provider.

This Restriction shall benefit Council and Council is to be nominated as the Authority to release, vary or modify this Restriction.

This Restriction on Use of Land shall be registered on the title of the land, prior to of the issue of any Occupation Certificate for the development (Interim or Final Occupation Certificate).

Documentary evidence of the registration of this Restriction on title is to be supplied to the PCA prior to the issue of any Occupation Certificate. A copy of the Restriction on Use of Land and details of the community housing provider are to be submitted to Georges River Council for its records.

34. 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. 786370M dated 19 December 2016 and 786384M dated 19 December 2016, and in the plans approved with the Development Consent/ Construction Certificate, before issue of the Occupation Certificate.

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

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

(a) Residential dwellings: 2 car spaces per townhouse (in the double garage) and 1 car space for the villa (in the single garage).

(b) Adaptable dwellings: One accessible car space per adaptable dwelling (within the garage of the dwelling)

(b) Residential visitor spaces: 4 car spaces (which will remain as common property)

37. OCC3002 - Development Engineering - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.

A works-as-executed drainage plan and certification must be forwarded to the Principal Certifying Authority and Georges River Council, from a suitably qualified and experienced Hydraulic Consultant/Engineer.

This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the Certifying Authority.

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

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

(b) Finished site contours at 0.2 metre intervals;

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

(e) The orifice size/s;

(f) Details of any pumping systems installed (including wet well volumes).

38. OCC6009 - Engineering - Stormwater drainage works - Works As Executed - Prior to the issue of the Occupation Certificate, storm water drainage works are to be certified by a qualified storm water engineer, with Works-As-Executed drawings supplied to Council detailing:

(a) Compliance with conditions of development consent relating to stormwater;

(b) The structural adequacy of the On-Site Detention system (OSD);

(c) That the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations;

(d) Pipe invert levels and surface levels to Australian Height Datum;

(e) Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits.

Council’s Engineering Services section must advise in writing that they are satisfied with the Works-As-Executed prior to the issue of the Occupation Certificate.

39. OCC12.28 - Vehicular crossing & Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

(a) Construct a footpath for the full length of the frontage of the site in in accordance with Council’s Specifications for footpaths.

(b) Construct the vehicular crossing in accordance with Council’s Specifications for vehicular crossings.

(c) Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in in accordance with Council’s Specifications for kerb and guttering.

(d) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

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

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

ONGOING CONDITIONS

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

40. CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) - The following waste and recycling facilities will be required:-

Domestic Waste:- 6 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 6 x 240 litre MGB’s.

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

The location of the proposed Waste Storage Area as shown on the submitted plan is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied.

41. 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.

42. ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers as allocated by Council.

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

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

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

(a) Unit Numbering

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

(b) Car Parking Space Marking and Numbering

Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering. “Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

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

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

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

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

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

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

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

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

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

(e) On Site Detention Requirements

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

(f) Creation of Positive Covenant

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

46. 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.

No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site.

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.

47. 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

48. ADV2009 - Development Assessment - Security deposit administration & compliance fee - Under Section 97(5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

Interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year. Council will accept a bank guarantee in lieu of a deposit.

All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.

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.

49. 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.

50. 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.

51. 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.

52. 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.

53. 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.

54. 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.

55. 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 Georges River Council as the Principal Certifying Authority for your development.

56. 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.

57. 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.

58. 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.

59. 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 Georges River 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.

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

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

An Occupation Certificate Application Form is attached for your convenience.

If you need more information, please contact the Senior Development Assessment Officer, below on 9330-6400 during normal office hours.

ATTACHMENTS

Attachment View1	Amended site plan
Attachment View2	Landscape Plan 1
Attachment View3	East and West Elevations
Attachment View4	North and South Elevations

Meeting:	Georges River Independent Hearing Assessment Panel (IHAP)
Date:	Tuesday, 19 December 2017
Time:	4.00pm
Venue:	Dragon Room, Georges River Civic Centre, corner MacMahon and Dora Streets, Hurstville
Participants:	Paul Vergotis (Chairperson) Juliet Grant (Panel Member) Cameron Jones (Community Representative)
Additional Invitees:	Meryl Bishop (Director Environment and Planning) Tina Christy (Manager Development and Building) Cathy Mercer (Team Leader Administration) Monica Wernej (Admin Assistant)

Item:	DA No:	Address:	Description:
3.1	DA2015/0278	815 Forest Road Peakhurst	Use of Church Site as a Monthly Market on Friday Evenings
3.2	DA 212/2016	27-33 Nielsen Avenue Carlton	Demolition of exisitng dwellings and the construction of a five (5) storey residential flat building comprising of forty one (41) units and basment parking
3.3	DA2017/0022	27-29 Cairns Street and 28-30 Eldon Street Riverwood	Demolition of existing structures and construction of a multi dwelling development containing twelve (12) dwellings including four (4) dwellings proposed as Affordable Rental Housing