Agenda of Georges River Local Planning Panel (LPP)

Georges River Council – Local Planning Panel Monday, 18 June 2018

Page 2

3. Reports and LPP Deliberations in Closed Session - 6.30pm

LPP018-18 7 Wharf Road Kogarah Bay – REV2018/0004

(Report by Development Assessment Officer)

LPP019-18 29-31 Dora Street Hurstville - MOD2017/0090

(Report by Development Assessment Planner)

4. Confirmation of Minutes by Chair

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 18 June 2018

LPP Report No	LPP018-18	Development Application No	REV2018/0004
Site Address & Ward Locality	7 Wharf Road Kogarah Bay Kogarah Bay Ward
Proposed Development	Section 8.2 Review of Determination - Construction of three sotery attached dual occupacy, swimming pools and outbuildings to each dwelling
Owners	Mr A and Mrs D Mohana
Applicant	ZTA Group
Planner/Architect	N/A (Planner), Mr R Zoabi (Architect)
Date Of Lodgement	16/03/2018
Submissions	Four (4) submissions received from two (2) adjoining properties – against
Cost of Works	$1,342,550.00
Local Planning Panel Criteria	Section 8.2 Review of Determination previous application determined by the Local Planning Panel (formally known as the Independent Hearing and Assessment Panel) at the time of the determination
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy - No 55 Remediation of Land, State Environmental Planning Policy BASIX 2004, State Environmental Planning Policy (Vegetation in non-rural areas) 2017, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013
List all documents submitted with this report for the Panel’s consideration	Survey, Architectural Plans, Concept Stormwater Plan, Landscape Plan, Statement of Environmental Efffects, Waste Management Plans, DA2017/64 IHAP Report, DA2017/64 Notice of Determination
Report prepared by	Development Assessment Officer

Mar

Recommendation

That the application be refused in accordance with the reasons included in this report.

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

Yes

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report?

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

No, Clause 4.6 Variation provided for exceedance in FSR to Clause 4.4A

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

Site Plan

Figure 1: Aerial extract of subject site (Source: Nearmap, 2018)

EXECUTIVE SUMMARY

1. The Section 8.2 Review of Determination application seeks development consent for the construction of a three (3) storey attached dual occupancy, swimming pools and outbuildings on land known as 7 Wharf Road, Kogarah Bay. The application was notified and renotified of which four (4) submissions from two (2) adjoining properties have been received raising concerns relating to; inadequacy and accuracy of information, cut and fill, amenity, bulk and scale, trees, solar access and privacy. The application seeks variations to the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013. Furthermore, inadequate and inconsistent information has been provided which has not enabled Council to undertake an informed decision regarding impacts. Based on the information submitted, the application cannot be supported in its current form and is recommended for refusal.

DESCRIPTION OF THE PROPOSAL

2. For the purposes of this report DA2017/64 sought development consent for a three (3) storey attached dual occupancy, swimming pools and outbuildings for each on land known as 7 Wharf Road, Kogarah. Design amendments have been made to the original design which forms this Section 8.2 Review of Determination.

Council is in receipt of a Section 8.2 Review of Determination for construction of an attached dual occupancy, swimming pools and outbuildings on land known as 7 Wharf Road, Kogarah.

In detail the submitted proposal comprised of the following;

· Construction of three (3) storey attached dual occupancy (for the purposes of this report is DW1 referenced as the northern dwelling and DW2 referenced as the southern dwelling);

o Lower ground floor - terrace with outdoor shower, internal stairs;

o Ground floor - double garage, storage, kitchen, bathroom, laundry, dining, living;

o First floor - lounge, three (3) bedrooms, two (2) bathrooms, rear balcony and front patio;

o Upper floor - bedroom and front balcony;

· Inground swimming pool and spa (for each occupancy);

· Outbuilding (gazebo) located at rear including bathroom (for each occupancy);

· Centrally located driveway;

· Removal of one (1) tree within the Council reserve on Wharf Road and two (2) trees within the rear western setback;

· Associated, building, engineering, driveway, landscaping and retaining wall works;

· Torrens Title Subdivision.

It is noted that a separate application is required for Torrens Title subdivision after the issue of a Construction Certificate.

An amended proposal was received on 1 May 2018. The proposal sought minor changes which included;

· Internal garage changes resulting in the reduction of one (1) car space;

· Additional landscaping along the northern and southern side boundaries;

· Revised landscape plan.

An assessment was undertaken based on the submitted information provided by the applicant. It is noted that during the course of the assessment, the application demonstrated the following inadequacies and inconsistent information;

· Survey plan identifies an incorrect Lot and DP number which do not relate to 7 Wharf Road, Kogarah Bay;

· Inconsistent and inadequate details shown on elevations, floor plans and landscape plan, RL’s;

· Extent of cut and fill are incorrectly shown on architectural plans which are inconsistent with submitted levels;

· Concept stormwater plan is not consistent with revised architectural plans;

· Waste management plan makes reference to “demolition stage” waste however existing dwelling has been demolished;

HISTORY

5 Feb 18 Development Application DA2017/64 was refused for 7 Wharf Road, Kogarah Bay, at the Independent Hearing and Assessment Panel (IHAP) for the following reasons:

The proposed development is contrary to Section 79C(1)(b), (d) and (e) of the Environmental Planning and Assessment Act 1979 (NSW) having regard to inconsistencies and inaccuracies with the submitted plans and survey information to enable a proper assessment of the proposed development and the likely impacts on the adjoining properties and the streetscape of Parkside Drive.

16 Mar 18 Section 82A Review of Determination application lodged (REV2018/0004)

22 Mar – 9 Apr 18 Notification period

9 Apr 18 Initial Site inspection

24 Apr 18 Meeting with applicant

1 May 18 Additional information provided by applicant

10 – 24 May 18 Re-notification period

30 May 18 Second site inspection

DESCRIPTION OF THE SITE AND LOCALITY

4. The subject is legally described as Lot 2, Section 8 in DP 1963 and is known as 7 Wharf Road, Kogarah Bay, NSW 2217. The site forms an irregular shaped rectangular allotment and is described as follows; 15.24m along the eastern frontage to Wharf Road, 44.30m along the northern side boundary, 8.36m along the north west rear splay, 7.98m along the rear western boundary, 48.94m along the southern side boundary with a total site area of 723.4sqm. The site slopes from front to rear with a maximum fall of approximately 7.66m. The subject site is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012. The site is currently vacant with the previous dwelling house being demolished June – August 2017 (approximately). A sewer line traverses diagonally across the rear western portion of the site. Two (2) trees are located within the rear setback. One (1) tree is located within the Council reserve.

$Description: C:\Users\mraymundo\Desktop\7 Wharf Road Photos\20180531_120007.jpg$

Figure 2: Site Photo - Subject site, 7 Wharf Road, Kogarah Bay (Source: Author)

$Description: C:\Users\mraymundo\Desktop\7 Wharf Road Photos\20180531_120933.jpg$

Figure 3: Site Photo – Subject site, (Front) 7 Wharf Road, Kogarah Bay viewed from 5 Wharf Road, Kogarah Bay (Source: Author)

$Description: C:\Users\mraymundo\Desktop\7 Wharf Road Photos\20180531_120937.jpg$

Figure 4: Site Photo – Subject site, (Middle) 7 Wharf Road, Kogarah Bay viewed from 5 Wharf Road, Kogarah Bay (Source: Author)

$Description: C:\Users\mraymundo\Desktop\7 Wharf Road Photos\20180531_120939.jpg$

Figure 5: Site Photo – Subject site, (Rear) 7 Wharf Road, Kogarah Bay viewed from 5 Wharf Road, Kogarah Bay (Source: Author)

$Description: C:\Users\mraymundo\Desktop\7 Wharf Road Photos\20180531_115751.jpg$

Figure 6: Site Photo – Subject site, 7 Wharf Road, Kogarah Bay viewed from Parkside Drive located to the rear (Source: Author)

Figure 7: Aerial Photo – Subject Site, 7 Wharf Road, Kogarah Bay (Source: Nearmap 2018).

The immediate surrounding area is characterised as comprising generally two (2) storey dwelling houses of varying architectural styles and designs. Parkside Drive and Parkside Drive Reserve a located further to the west. Kogarah Bay is located further to the south.

ZONING

5. The subject site is zoned R2 Low Density Residential in accordance with the Kogarah Local Environmental Plan 2012. Refer to zoning map extract below.

Figure 8: Zoning map extract (Source: Department of Planning, 2018)

APPLICABLE PLANNING CONTROLS

· State Environmental Planning Policy No 55 - Remediation of Land

· State Environmental Planning Policy: BASIX 2004

· State Environmental Planning Policy (Vegetation in non-rural areas) 2017

· Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

· Kogarah Local Environmental Plan 2013

· Kogarah Development Control Plan 2013

PLANNING ASSESSMENT

6. The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" and Section 8.2 “Reviews” of the Environmental Planning and Assessment Act 1979.

SECTION 8.2 REVIEW OF DETERMINATION

7. DA2017/64 was refused on 31 January 2018 by the Independent Hearing and Assessment Panel (IHAP). A Section 8.2 Review of Determination was lodged on 16 March 18. The Section 8.2 Review of Determination is considered to be substantially the same as the as the original application as this comprises of a dual occupancy, swimming pools and gazebo within the rear setback. In this regard, the proposal meets the statutory requirements for consideration under the provisions of this subsection.

Environmental Planning Instruments

Kogarah Local Environmental Plan 2012

8. The proposal has been assessed in consideration with the relevant controls of the Kogarah Local Environmental Plan 2012 within the table below.

Clause

Standard

Proposed

Complies

Part 1 Preliminary 1.2 Aims of Plan

(d) to protect and enhance Kogarah’s natural environment, foreshores and waterways,

The proposal as assessed results in excessive cut and fill which is not considered to protect and enhance Kogarah’s natural environment.

Part 2 – Permitted or Prohibited Development

R2 Low Density Residential

The proposal is defined as a “dual occupancy” with associated residential ancillary works. A dual occupancy forms a permissible use.

Yes

Land use Table

Objectives of the Zone

The proposal is not considered to adequately satisfy the objectives of the zone as the proposal is not considered to provide the house needs of the community by virtue of the design and short fall in car parking.

2.6 - Subdivision

Development Consent required.

A concept subdivision plan was submitted however a separate application for subdivision must be lodged after issue of Occupation Certificate

N/A

2.7 – Demolition requires development consent

Development Consent required

The application has made reference to the demolition of the vegetation at the rear western portion of the site.

Yes

4.1B – Minimum Lot Size of Dual Occupancies

O = 650sqm

723.4sqm

Yes

4.3 – Height of Building

J = 9.0m

8.1m = RL 30.22

Yes

4.4A – Exceptions to Floor Space Ratio for residential accommodation in Zone R2

less than 800sqm but not less than 650sqm

[(lot area − 650) × 0.3 + 357.5] ÷ lot area:1

0.524:1 (379.52sqm)

0.57:1 (412.73sqm)

In addition, it is noted that due to the excavation adjacent to the terraces along the northern and southern side boundaries. This does not result in a basement level and maybe technically included in floor space. The ground floor terraces stair cases are not enclosed, given the design the terrace is open along the rear western elevation which can be easily enclosed resulting in additional floor space.

4.6 Exception to Floor Space Area

Clause 4.6 Exception to Development Standard for exceedance in floor space

No Clause 4.6 Variation – Exception to Development Standard has been provided in support of the exceedance in proposed floor space

6.1 – Acid Sulfate Soils

Objective to ensure development does not disturb or expose drain acid sulfate soils and cause environmental damage.

The subject site is classified as part Class 5 Acid Sulfate Soils at the western and middle sections of the site.

Yes

6.2 Earthworks

Earthworks not to have a detrimental impact on environmental functions and processes, cultural or heritage items or features of the surrounding land

The proposal seeks significant cut and fill along the northern and southern side boundary setbacks and rear western setback which is considered to have an adverse impact on the existing sloping topography of the site.

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

Essential services can be made available

to the development

Inadequate concept stormwater plan provided which is not reflective of the current architectural design

Suitable vehicular access can be made available to the site.

Yes

STATE ENVIRONMENTAL PLANNING POLICIES

9. Compliance with the relevant state environmental planning policies is detailed and discussed below.

State Environmental Planning Policy No 55 – Remediation of Land

10. The subject site is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012. Council records indicate that the subject site has been historically used for residential purposes. It is noted that the previously standing dwelling house was demolished, Council’s site inspection appears to indicate that movement of soil on site has likely to have occurred after the demolition of the dwelling. It is unclear if soil has been brought onto site. The onus is on the applicant to demonstrate that the subject site is suitable for this purpose. A contamination report/clearance certificate has not accompanied this application. In this regard, the proposal has not reasonably satisfied the intent of the SEPP.

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

11. An invalid and outdated BASIX Certificate has been provided which is not reflective of the current proposal. The required DA BASIX requirements of this certificate have not been notated on the plans such as the hot water system and skylight. In this regard, the proposal has not adequately satisfied the requirements of the SEPP.

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

12. The proposal seeks the removal one (1) Bottle brush street tree which is located within the Council reserve and two (2) trees within the rear setback being; Glochidian ferdinandi and Ficus macrocarpa. Council’s Tree Preservation Officer has previously commented that the two (2) trees within the rear setback are to be retained due to their arboricultural significance.

In this regard the proposed gazebos within the rear setback are not supported to ensure that these trees can be protected. Given that the proposal seeks the removal of these two (2) trees, the proposal is not considered to satisfy the intent of the SEPP.

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

13. The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal has provided a concept stormwater plan which is inconsistent with the architectural plans. In this regard, insufficient and inadequate information has been provided in relation to satisfying the considerations of the SEPP.

Draft Environmental Planning Instruments

14. No Draft Environmental Planning instruments affect the proposed development.

Development Control Plans

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

Applicable DCP Controls	DCP Provisions	Proposal	Complies
Character: Design	Side by side	Side by side	Yes
Setbacks: Frontage Front setback Ground Side wall height up to 3.5m: First Floor Side wall height more than 3.5m: Ground Rear: First floor:	18m Average 5.57m 5 Wharf Road (N) 9 Wharf Road (S) 900mm 1200mm 7.5m 60% site max depth =26.52m -29.82m 60% site max, depth = 29.82m Dual Occupancy should not protrude more than 5m beyond the other	15.24m 10.5m (solid wall), 7.16m (veranda) 1200mm (N), (S) 1200mm (N), (S) 21.86m (Dwelling 1) measured to solid wall 25.59m (Dwelling 2) measured to solid wall 28.77m (Dwelling 1) 28.77m (Dwelling 2) Dual occupancies do not extend past 5m beyond the other. No privacy impact	No (1) – refer to discussion Yes Yes Yes Yes Yes No (2) – refer to discussion Yes Yes
Number of Storeys/Levels	3 storeys (sloping site)	3 storey	Yes
Maximum ceiling height Top of parapet (flat roof)	7.2m 7.8m	7.49m 7.6m	No (3) – refer to discussion Yes
No. of Parking Spaces	1.5 spaces Note: Three (3) car spaces required for total development	1 garage space per dwelling however this results in a shortfall of one (1) car space.	No (4) – refer to subsection “Vehicular access, parking and circulation”
Landscaping	15% (108.51sqm)	18.8% (136sqm) landscaped area primary located within the rear setback between the swimming pool and outbuilding	Yes
Stormwater Disposal	Stormwater provisions to be satisfied	Unsatisfactory – not supported by Council’s Development Engineer	No (5) – Inadequate information provided

(1) Frontage

16. Council’s controls prescribe a minimum frontage width of 18m for an attached dual occupancy. The subject site contains a frontage and width of 15.24m for the most part of the site and splays at the rear north west corner. The variation in allotment width is supported on planning merit given that the proposal generally presents as a compatible built form in relation to the existing two (2) storey dwelling character of the immediate vicinity when viewed from Wharf Road.

However the proposal is not supported for other reasons contained within this report.

(2) First floor rear setback

17. Council’s controls prescribe a maximum 60% first floor depth. The proposal seeks a minor variation due to the north west rear splay of the site resulting in a minor encroachment for DW1 of a range up to approximately 2.25m. This is considered to be insignificant and inconsequential given that no unreasonable overshadowing or privacy impact arise from the extent of this variation.

(3) Maximum Ceiling Height

18. Council’s controls prescribe a maximum ceiling height of 7.2m which is measured from the existing ground level. The proposal seeks a variation to this control by seeking a maximum ceiling height of 7.49m at the rear of the dual occupancy due to the fall of the site. The extent of the wall height variation is considered to be minor and not visibly apparent when viewed from Wharf Road. No material solar access shadow impacts are generated by this variation. In this regard, the extent of the variation is supported however the application is not supported for other reasons contained within this report.

(4) Car parking

19. Discussed in further detail within the report under subheading “Vehicular access, parking and circulation”.

(5) Stormwater Disposal

20. The proposal seeks to dispose of stormwater through On Site Detention system however the concept stormwater plan does not relate to the architectural plans. In this regard, inadequate information has been provided to allow Council to undertake an accurate and informed assessment in relation to stormwater.

Streetscape Character and Amenity

21. The proposal is considered to be generally compatible when viewed from the public domain and generally reads as a two (2) storey dwelling built form with a 1m high front fence when viewed from Wharf Road. The proposal does not present as a single dwelling house and seeks a traditional side by side configuration however this element of the proposal is considered to be acceptable given the site and context of the immediate vicinity.

Vehicular access, Parking and Circulation

22. Council’s controls prescribe that no more than one third of the front boundary should be used for driveway and accessways. The proposal seeks a variation to this at approximately 71% to accommodate the driveway and access for the proposal. Council’s controls also require that access to garaging and additional car parking spaces should not dominate the front setback. In this instance, due to the slope of the site, the extent of the visual impact when viewed from the public domain is considered to be minimal. Council’s controls state that dual occupancies should not have central garages or driveways. Given the fall of the site from the street (high) to the rear (low), the extent of hard surface area, the location of the central driveway is not considered to be unreasonable to facilitate clear and direct access to the street.

Council’s controls require 1.5 car spaces for a dual occupancy. The proposal seeks to provide one (1) car space contained within each garage for each occupancy forming shortfall of one (1) car space. Due to the slope of the site, the driveway gradient comprises of a gradient over 1:20 which is not suitable for a hardstand space under the Australian Standards. In this regard, the proposal fails to adequately provide sufficient residential amenity for occupants.

Privacy

23. The proposed development satisfies the relevant objectives and controls of the KDCP. The proposal is not considered to result in any unreasonable privacy impacts. It is noted that the proposed outbuildings (gazebos) are not supported. The other elements of the proposal are not considered to result in any unreasonable privacy impact given the setbacks sought, appropriate window treatment (offsets and obscure glazing) and privacy screens along the northern and southern side elevations of the elevated ground floor and first floor rear balconies.

Solar Access

24. Council’s controls require 4 hours solar access during Winter Solstice to the private open space of the subject site and 3 hours solar access to surrounding properties private open space or windows to main living areas. The proposed development satisfies the relevant objectives and controls of the KDCP in relation to solar access on site and to adjoining properties given the existing east-west subdivision pattern.

Views and View Sharing

25. The proposed development satisfies the relevant view and view sharing objectives and controls of the KDCP.

Outbuildings

26. The proposal seeks two (2) outbuildings (gazebos) within the rear western setback which are joined by a common central wall. The gazebos are setback 1.2m from the northern and southern side boundaries and 900mm from the rear western and north western rear splay boundaries. The gazebos are open with powder rooms and outdoor kitchen benches in each. Council’s controls prescribe a side setback of 900mm from site boundaries, minimal impacts regarding solar access, a maximum floor space of 70sqm and maximum height of 3.5m and underside of eaves at 2.5m.

The proposal seeks a variations to eave and maximum outbuilding height however the location of the proposed outbuildings (gazebos) conflict with the location of the existing two (2) trees which are to be retained. In this regard, the proposed gazebos are not supported.

Swimming Pool

27. The proposal seeks a part inground rectangular pool and spa for each occupancy. The swimming pools are accessed from the terrace area. The spa is accessed from the rear private open space within the rear setback. The sitting and setbacks of the pool and spa comply with Council’s controls.

It is noted that the proposal has not provided sufficient detail in relation to adequate swimming pool fencing in particular securing the spa. The proposal has also not identified the location for the pool pumps. Furthermore, the proposed location of the swimming pools appears to conflict with the location of the sewer main. It is noted that the location of the sewer main was not identified on the survey submitted.

Front fence

28. The proposal seeks a 1m high masonry render front fence with powder coated gates along Wharf Road. The proposed fence is considered to be of a height and style which is compatible with the front fences of neighbouring properties within the immediate visual catchment along Wharf Road.

IMPACTS

Natural Environment

29. The site seeks significant cut and fill which is considered to adversely affect the natural environment. The proposal seeks the removal of two (2) trees which are considered to be of arborcultural significance. An inadequate concept stormwater plan has been provided which has not allowed Council to undertake an informed assessment in relation to stormwater impacts. In this regard, the proposal is considered to result in an adverse impact to the natural environment.

Built Environment

30. The proposed development would result in adverse impacts for reasons discussed throughout the report in relation to excavation cut and fill, car parking and BASIX provisions not met. In this regard, the proposal is considered to result in an adverse impact to the built environment.

Social and Economic Impact

31. The proposed development would not result in any adverse social and/or economic impacts within the locality.

Suitability of the Site

32. It is considered that the proposed development is of a scale and design that is not suitable for the site having regard to its; size and shape, topography and relationship to adjoining development and context.

SUBMISSIONS AND THE PUBLIC INTEREST

33. The proposal was notified and renotified to adjoining neighbours for a period of fourteen (14) days during which time four (4) submissions from two (2) objectors were received.

Figure 9: Subject site and submitter’s site locations

The submissions raised several issues of which relevant concerns relating this Section 8.2 Review have been considered and addressed below.

Inadequate and inconsistent information

Comment: Several concerns were raised in relation to the quality and inconsistency of information provided within the application. Such issues included; the accuracy of the survey and accompanying information provided (plans and supporting documentation), applicant’s description of the proposal, RL’s on site and on adjoining properties, levels, details on plans, extent of works not clearly shown on plans.

An assessment has been undertaken on the primarily based on the plans provided.

As previously mentioned within the report, inadequate and inconsistent information has been provided to allow Council to undertake an informed assessment of the application.

Considerations and submissions raised from the previous application should be considered.

Comment: The Section 8.2 Review of Determination was notified and renotified in accordance with Council’s DCP. The concerns raised within the submissions have been considered as part of this assessment. The previous reason for refusal by the IHAP has been considered as part of this application. It is concluded that the application cannot be supported on planning grounds and insufficient and inadequate information.

Loss of sunlight

Comment: Concerns were raised from adjoining property 28 Parkside Drive located to the south west. The concerns relate to additional overshadowing impacts proposed by the proposed gazebos at the rear of the property. As previously mentioned within the report, the proposed outbuildings are not supported as this conflicts with the retention of the two (2) trees within the rear setback.

Privacy impacts

Comment: Concerns were raised from adjoining property 28 Parkside Drive located to the south west. The concerns raised relate to the propose rear gazebos. As mentioned above, the gazebos are not supported.

Visual bulk, character, height and streetscape impacts

Comment: The proposal is not considered to result in an unreasonable streetscape impact given the design of the proposal. As assessed the proposal complies with overall height (maximum 9m under the Kogarah LEP) and seeks a minor variation in maximum ceiling height which is attributed to the fall of the site.

However the extent of cut of the natural ground level results in adverse visual bulk and scale particularly along the northern and southern side elevations. As previously discussed within the report, elements such as the gazebo within the rear setback are not supported.

Outdated BASIX Certificate

Comment: Concerns were raised that the BASIX Certificate was outdated. The BASIX Certificate is considered to be outdated and does not relate to the current design.

Asbestos in site due to demolished dwelling

Comment: The existing dwelling house has been demolished. Council’s site inspection has indicated that fragments (building materials, fibro, bricks, piping) are located on site.

Application described as a two storey dual occupancy and not as a three storey dual occupancy.

Comment: The proposal has been assessed as a three storey dual occupancy as detailed within this report. The ground floor level does not form a basement as excavation is sought along the northern and southern side boundaries. This is turn does not result in a basement sitting within the existing ground level.

Vegetation not shown on survey plan. Two trees are located along the rear western boundary.

Comment: The submitted survey plan does not illustrate the two trees within along the rear western boundary. Notwithstanding, Council’s Tree Preservation Officer has commented that these two (2) trees should be retained and protected.

Proposed built form exceeds the established rear building line

Comment: As previously addressed within this report, the proposal seeks a minor variation to the rear first floor level (DW1) which is acceptable. The remainder of the built form complies with Council’s DCP requirement of 60% lot depth of the first floor and ground floor rear setback controls.

Location of proposed pool in location of existing sewer line

Comment: The submitted survey does not indicate the location of the sewer line which traverses through the rear of the subject site in a north-south direction. A search of Council’s records indicates that a sewer line is located within the rear of the subject site. The location of this sewer line appears to conflict with the location of the proposed swimming pools. However the proposal is not supported for other reasons contained within this report.

Dual Occupancy

Comment: Concerns were raised in relation to the proposed use as a dual occupancy. It is noted that the subject site is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012. The subject site meets the minimum allotment size for a dual occupancy and has sought a variation to allotment width which has been discussed earlier within the report.

REFERRALS

Council Referrals

Development Engineer

34. Council’s Development Engineer has commented that the concept stormwater plan is inconsistent with the architectural plans.

It is noted that a revised survey has been provided which changes in ground levels. In this regard, an informed decision cannot be undertaken in relation to stormwater disposal and impacts.

Tree Management Officer

35. Council’s Tree Management Officer had previously commented that the two (2) trees within the rear setback are of significant arborcultural value and are to remain. The proposal in relation to the proposed outbuildings (gazebo) are unchanged in relation to location. In this regard, the original comments prepared under DA2107/0064 are considered to be relevant.

CONCLUSION

36. The proposal seeks development consent for construction of a three (3) storey attached dual occupancy, swimming pools and outbuildings on land known as 7 Wharf Road, Kogarah. The proposal results in an over development of the subject site and is not considered compatible in regards to the sloping topography of the site and residential context. Furthermore, the application has provided inadequate details and inconsistent information for the purposes of assessment.

The application is not supported for the reasons contained within this report and is therefore recommended for refusal.

DETERMINATION AND STATEMENT OF REASONS

37. THAT pursuant to Section 8.2 Review of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application REV2018/004 for the construction of a three storey attached dual occupancy, swimming pools and outbuildings on land Lot 2 Sec 8 DP1963 known as 7 Wharf Road, Kogarah Bay, for the following reasons:

1. REF2.1 - Refusal Reason – Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the relevant environmental planning instruments in terms of the following:

(a) Kogarah Local Environmental Plan 2012, Clause 4.4A Exceptions to Floor Space Ratio for residential accommodation in Zone R2 which results in adverse bulk and scale impacts. No clause 4.6 Exception to Development Standard has been submitted for Consideration for excess floor space above the Development Standard. The proposal does not reasonably satisfy the following provisions; Part 1 1.2 Aims of plan objective (d) which states “to protect enhance Kogarah’s natural environmental foreshores and waterways”, R2 Low Density Residential Zone objective (a) which states “to provide for the housing needs of the community within a low density residential environment”, Clause Section 6.2 Earthworks and Section 6.7 Essential Services.

(b) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Clause 3 Aim of Policy (1)(a) an application for a development consent must be accompanied by a list of commitments by the applicant as to the manner in which the development will be carried out. An inadequate BASIX Certificate and BASIX Commitments have not been notated on the plans.

(c) State Environmental Planning Policy (Vegetation in non-rural areas) 2017 objectives (a) which states “to protect the biodiversity values of trees and other vegetation in non-rural areas of the State and (b) to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation”. The proposal seeks the removal of two (2) trees within the rear setback of which are considered to be of significant arborcultural value.

(d) State Environment Planning Policy No 55 – Remediation of Land. Due to the demolition of the former dwelling house on site. Inadequate information has been provided to ensure that the site is currently suitable for the proposed residential use.

2. REF2.3 - Refusal Reason - Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Kogarah Development Control Plan 2013:

(a) Section B4 Car Parking and Traffic whereby the proposal results in one shortfall of one residential car space.

(b) Section B6 Water Management - On Site Water Management and Stormwater Requirements. The application has not provided an adequate concept stormwater plan reflective of the architectural design.

3. REF2.5 - Refusal Reason - Regulation - Pursuant to Section 4.15(1)(a)(iv) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the relevant Regulations in terms of the following:

(a) Invalid BASIX Certificate provided which is contrary to the requirements of Schedule 1.

4. REF2.6 - Refusal Reason – Impacts on the Environment - Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the following aspects of the environment:

(a) Natural environment – The proposal seeks the removal of two (2) trees within the rear of the site which are of significant arborcultural significance. The proposal seeks excessive cut and fill which is not considered sympathetic and compatible with the immediate residential context.

(b) Built environment – The proposal seeks excessive cut and fill which results in unnecessary visual bulk and scale. The proposal results in poor occupant amenity resulting in a shortfall of one residential car space.

5. REF2.7 - Refusal Reason – Suitability of Site - Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development for the following reasons:

(a) The proposal results in excessive cut and fill which is not considered to be compatible with the desired future character of the area.

(b) The proposal generates a shortfall of car parking which is likely to have an adverse amenity impact for future occupants and increase the demand for on-street car parking.

6. REF2.8 - Refusal Reason – Public interest - Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest and is likely to set an undesirable precedent.

7. REF2.9 - Refusal Reason

(a) The proposal has provided inadequate and inconsistent information to allow Council to undertaken an informed assessment of the proposal.

(b) The proposal has provided inadequate details in relation to the Swimming Pools Act 1993.

ATTACHMENTS

Attachment ⇩1	Survey Plan - 7 Wharf Road Kogarah Bay
Attachment ⇩2	Site Plan - 7 Wharf Road Kogarah Bay
Attachment ⇩3	Revised East Elevation - 7 Wharf Road Kogarah Bay
Attachment ⇩4	Northern Elevation - 7 Wharf Road Kogarah Bay
Attachment ⇩5	Southern Elevation - 7 Wharf Road Kogarah Bay
Attachment ⇩6	Western Elevation - 7 Wharf Road Kogarah Bay
Attachment ⇩7	Roof Plan - 7 Wharf Road Kogarah Bay
Attachment ⇩8	Front Fence Elevation - 7 Wharf Road Kogarah Bay
Attachment ⇩9	Section and Elevations Gazebo - 7 Wharf Road Kogarah Bay
Attachment ⇩10	Revised Landscape Plan - 7 Wharf Road Kogarah Bay
Attachment ⇩11	Shadows Winter - 7 Wharf Road Kogarah Bay
Attachment ⇩12	Waste Management Plan - 7 Wharf Road Kogarah Bay
Attachment ⇩13	Previous DA2017-64 IHAP Report - 31 Jan 18 - 7 Wharf Road Kogarah Bay
Attachment ⇩14	Notice of Determination DA64-17 - 7 Wharf Road Kogarah Bay
Attachment ⇩15	Applicant's SEE - S82A Compliance Report - 7 Wharf Road Kogarah Bay

Georges River Council – Local Planning Panel Monday, 18 June 2018

Page 67

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 18 June 2018

LPP Report No	LPP019-18	Development Application No	MOD2017/0090
Site Address & Ward Locality	29-31 Dora Street Hurstville Hurstville Ward
Proposed Development	Section 4.55 modificiation application to amend Condition 148 of original consent 05/DA-607 for Waratah Private Hospital
Owners	Georges River Council and Cortez Pty Ltd
Applicant	James Gray
Planner/Architect	N/A
Date Of Lodgement	17/07/2017
Submissions	Nil
Cost of Works	N/A
Local Planning Panel Criteria	Development on Council owned land
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Hurstville Local Environmental Plan 2012 Hurstville Development Control Plan No 2 - Hurstville City Centre
List all documents submitted with this report for the Panel’s consideration	S4.55 modification statement
Report prepared by	Development Assessment Planner

Recommendation

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

Summary of matters for consideration under Section 4.15

Have all recommendations in relation to relevant s4.15 matters been summarised in the Executive Summary of the assessment report?

Yes

Legislative clauses requiring consent authority satisfaction

Yes

Clause 4.6 Exceptions to development standards

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?

Not Applicable

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (under s7.24)?

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

No, standard conditions have been attached with no design changes

Site Plan

EXECUTIVE SUMMARY

Consent is sought to modify the consent by amending the wording of Condition 149 of 05/DA-607 which relates to the one hundred and ten (110) car parking spaces allocated as public parking spaces within the Waratah Private Hospital. The purpose of this modification application is to reword Condition 149 to address that the car park is managed by the consortium and reflect current practices.

In accordance with part 2.2 of the Hurstville Development Control Plan No 2, the modification application was not notified and no referrals were required.

DESCRIPTION OF THE PROPOSAL

Consent is sought to modify the consent by amending Condition 149 of 05/DA-607 which currently reads as:

A total of one hundred and ten (110) car spaces of the three hundred and fifty (350) car spaces required to satisfy the parking demand for the building shall be offered by the applicant to be managed by Hurstville City Council as public parking spaces, in addition to the one hundred and fifty (150) public parking spaces proposed in the application.

To read as follows:

A total of one hundred and ten (110) car spaces of the three hundred and fifty (350) car spaces required to satisfy the parking demand for the building are public parking spaces (in accordance with the applicant’s offer made at the time development consent 05/DA-607 was granted), in addition to the one hundred and fifty (150) public parking spaces in the building that are owned by Georges River Council.

HISTORY

19 Jun 06 Development consent 05/DA-607 granted approval for the construction of an eight (8) storey building with ground floor retail, medical centre and associated basement parking.

The consent has subsequently been modified several times to reflect internal configurations to the development. Throughout the various modifications, the condition proposed to be modified which was originally Condition 148, has been re-numbered as Condition 149. As such, the purposes of this modification application is to reword Condition 149 to address the fact that the car park is managed by the consortium and reflect current practices.

DESCRIPTION OF THE SITE AND LOCALITY

The property is located on the western corner of the intersection of Dora Street and Queens Road and is known as 29-31 Dora Street, Hurstville. The site is rectangular in shape and a frontage to Dora Street of 69.53m and a frontage to Queens Road of 38.265m resulting in an area of 2,696sqm. Existing on the site is an eight storey building which was known as the ‘Medica Centre’ until recently changed to Waratah Private Hospital, which essentially comprises a medical centre, Waratah Private Hospital, retail shops on the ground floor and basement car parking.

The area surrounding the subject site is characterised by commercial and residential development which vary from one storey to multi storey developments.

Figure 1: Aerial Photo – Subject Site, 29-31 Dora Street, Hurstville (Source: Nearmaps 2018)

ZONING

The subject site is zoned B4 – Mixed Use in accordance with the Hurstville Local Environmental Plan 2012. Refer to zoning map extract below.

Figure 2: Zoning map extract

APPLICABLE PLANNING CONTROLS

· Hurstville Local Environmental Plan 2012

PLANNING ASSESSMENT

The site has been inspected and the proposed modification has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

Environmental Planning Instruments

Hurstville Local Environmental Plan

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

Clause	Standard	Proposed	Complies
Part 2 – Permitted or Prohibited Development	B4 Mixed Use	The proposal is defined as Health Service Facility. Health Service Facilities are permissible in the zone.	Yes
	Objectives of the Zone	The proposal achieves the objectives of the zone	Yes
4.3 – Height of Buildings	30m	NA – No additional FSR	Yes
4.4 – Floor Space Ratio	4.5:1	NA – no proposed additional FSR	Yes
5.10 – Heritage Conservation	To conserve the environmental heritage of Hurstville, To conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, To conserve archaeological sites, To conserve Aboriginal objects and Aboriginal places of heritage significance	The subject site is not listed as a heritage item of significance under Schedule 5 Environmental Heritage in the HLEP 2012 Heritage Map.	Yes
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: * Supply of water, electricity and disposal and management of sewerage * Stormwater drainage or on-site conservation * Suitable vehicular access	Essential services are available to the development Suitable vehicular access is available to the site.	Yes

State Environmental Planning Policies

No SEPPs are activated by the proposed development

Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposed development.

Development Control Plans

Hurstville Development Control Plan 2 - Hurstville City Centre applies to the site. The proposed modification does not give rise to any significant issues with respect to the relevant provisions of the development control plan.

IMPACTS

Natural Environment

The site is not surrounded by dense vegetation and other natural features. The proposal does not seek to remove any tress or other form of vegetation within the existing surrounds.

Built Environment

The proposed modification would not result in any adverse impacts upon the built environment.

Social and Economic Impact

The proposed development would not result in any adverse social and/or economic impacts within the locality.

Suitability of the Site

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 and relationship to adjoining developments.

SUBMISSIONS AND THE PUBLIC INTEREST

In accordance with part 2.2 of the Hurstville DCP 2, the proposed modification application was not required to be notified.

REFERRALS

The proposed modification application did not require any referrals.

CONCLUSION

Consent is sought to modify the consent by amending the wording of Condition 149 which relates to the one hundred and ten (110) car parking spaces allocated as public parking spaces. The purpose of this modification application is to reword Condition 149 to address the fact that the car park is managed by the consortium and reflect current practices.

In view of the above, the application is recommended for approval subject to conditions included in the report.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

* The proposed development, subject to the recommended conditions, is consistent with the objectives of the applicable environmental planning instruments, being Hurstville Local Environmental Plan 2012.

* In consideration of the aforementioned reasons, the proposed development is a suitable response to the site and its approval is in the public interest.

THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to modify 05/DA-607 by the application known as MOD2017/0090 at 29-31 Dora Street, Hurstville modifying Condition 149 as highlighted in the consent below:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This modification to original Development Consent No. 05/DA-607 is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC1 - Act, Regulations and Environmental Planning Instruments Prevail –This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, the following Development Control Plans:

(a) No. 2 - Car Parking, effective 12/08/99

(b) No. 4 – Hurstville Town Centre Vol 1, 2 & 3 effective 16/12/97

(d) No.18 - Crime Prevention through Environmental Design, effective 26/06/01

(e) No. 19 - Access and Mobility, effective 27/12/01

except where varied by this consent.

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

Plan No	Plan Date	Description	Prepared By
DA000A	October 2005	Cover Page	Nordon Jago Architects
DA020B	October 2005	Site Analysis Plan	Nordon Jago Architects
DA050A	October 2005	Shadow Diagrams (June)	Nordon Jago Architects
DA051A	October 2005	Shadow Diagrams (Sept/March)	Nordon Jago Architects
DA052A	October 2005	Shadow Diagrams (December)	Nordon Jago Architects
DA057B	October 2005	Shadow Diagrams DCP Compliant, Adjoining Elevations	Nordon Jago Architects
DA058B	October 2005	Shadow Diagrams March 2006 Proposal, Adjoining Elevations	Nordon Jago Architects
DA099A	March 2006	Basement Level B9 Plan	Nordon Jago Architects
DA100B	October 2005	Basement Level B8 Plan	Nordon Jago Architects
DA101B	October 2005	Basement Level B7 Plan	Nordon Jago Architects
DA102B	October 2005	Basement Level B6 Plan	Nordon Jago Architects
DA103B	October 2005	Basement Level B5 Plan	Nordon Jago Architects
DA104B	October 2005	Basement Level B4 Plan	Nordon Jago Architects
DA105B	October 2005	Basement Level B3 Plan	Nordon Jago Architects
DA106B	October 2005	Basement Level B2 Plan	Nordon Jago Architects
DA107B	October 2005	Basement Level B1 Plan	Nordon Jago Architects
DA110B	October 2005	Ground Level 0 Plan	Nordon Jago Architects
DA111B	October 2005	Level 1 Plan	Nordon Jago Architects
DA112B	October 2005	Level 2 Plan	Nordon Jago Architects
DA113B	October 2005	Level 3 Plan	Nordon Jago Architects
DA114B	October 2005	Level 4 Plan	Nordon Jago Architects
DA115C	November 2013	Level 5 Plan	Silver Thomas Hanley
SK01- P1 & DA116C	Jan 2013 & November 2013	Level 6 Plan & Addition of Internal Duct Riser	Murphys Architecture & Silver Thomas Hanley
DA117C	November 2013	Level 7 Plan	Silver Thomas Hanley
DA118C	November 2013	Level 8 Plan	Silver Thomas Hanley
DA119C	November 2013	Level 9 Plan (plant)	Silver Thomas Hanley
DA130B	October 2005	Roof Level Plan	Nordon Jago Architects
DA150A	October 2005	Level 1 Plan (Detail)	Nordon Jago Architects
DA200B	October 2005	Cross Sections AA & BB	Nordon Jago Architects
DA201B	October 2005	Longitudinal Section CC and Part Cross Section DD	Nordon Jago Architects
DA300B	October 2005	North – East Elevation	Nordon Jago Architects
DA301B	October 2005	South – East Elevation	Nordon Jago Architects
DA302B	October 2005	South – West Elevation	Nordon Jago Architects
DA303B	October 2005	North – West Elevation	Nordon Jago Architects
DA310B	October 2005	Contextual Elevations	Nordon Jago Architects
DA901	October 2005	Perspective View from Corner of Queens Road & Dora Street	Nordon Jago Architects
DA902	October 2005	Perspective View from Dora Street	Nordon Jago Architects
DA903	October 2005	Perspective View from Queens Road	Nordon Jago Architects
05177- DA02B	4 November 2005	Erosion & Sedimentation Control Plan	Henry and Hymas
05177- DA201B	3 November 2005	Stormwater Concept Plan	Henry and Hymas
DA_0531-01A	11 October 2005	Landscape Plan	Guy Sturt and Associates
WD162H	Sept 2009	Level 2 Plan Medical Suite Layouts	Nordon Jago Associates
WD163G	Sept 2008	Level 2 Plan Medical Suite Layouts	Nordon Jago Associates
WD164G	Sept 2008	Level 2 Plan Medical Suite Layouts	Nordon Jago Associates
WD165G	Sept 2008	Level 2 Plan Medical Suite Layouts	Nordon Jago Associates
MK620F	21.10.09	Level 6 Plan	Nordon Jago Associates
WD167G	Sept 2008	Level 7 Plan Medical Suite Layouts	Nordon Jago Associates
MK200C	28/08/09	Suite 2L Business suite	Nordon Jago Associates
MC AP_B1 D	25.11.08	Floor Plan Level B1 Proposed Radiology Suite	A.C.E.P.T Pty Ltd
MC AP_B2 E	08.10.08	Floor Plan Level B2 Proposed Radiology Suite	A.C.E.P.T Pty Ltd

(This condition is amended as part of 05/DA-607REV01 (05/DA-607))

(This condition is amended as part of 05/DA-607REV03 (05/DA-607))

(This condition is amended as part of 05/DA-607REV07 (05/DA-607))

(This condition is amended as part of MOD2013/0090 (05/DA-607))

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

5. ZCI - A positive covenant is to be created over the common property by an instrument pursuant to Division 4 of Part 6 of the Conveyancing Act 1919, to be submitted to Council for endorsement with the final subdivision plans. This covenant is to be worded as follows:

"It is the responsibility of the Building Owner/Owners Corporation to remove all graffiti, bill posters, unapproved signage, pamphlet boxes and the like, from the common property within 7 days of such information being reported to the Owners Corporation."

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

6. HOl - Hoardings

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

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

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

7. All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in both the commercial/retail areas and residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting.

The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS 4586:2004 - Slip Resistance Classifications of New Pedestrian Materials.

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

8. For the reason that the 'effective height' of the building exceeds 25m, such building must be provided with a standby power system to maintain the operation of essential services in the event of power source failure. Such equipment must be separated from the remainder of the building in accordance with Clause C2.12 of the BCA.

Reasons: * Standby power systems have been installed in other buildings erected in the City of Hurstville whose 'effective height' exceeds 25m. Such requirement was based on the recommendations made by the New South Wales Fire Brigades in respect of those particular buildings.

*In the interest of public safety as well as the protection of fire brigade personnel during fire fighting and rescue.

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

To Obtain a Construction Certificate

10. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions
Fee Type	Paid	Fee Type	Amount	Receipt Date	Receipt No
Development Application Fee	X	DA1	$31033.81	14 Nov 05	247529
Development Application Fee	X	DA1	$110.00	14 Nov 05	247529
Plan First Fee	X	AP35	$31488.00	14 Nov 05	247529
Notification Fee	X	AP12	$150.00	14 Nov 05	247529
Notification Fee	X	AP12	$150.00	22 Mar 06	256197
Microfilming Fee	X	AP165	$225.00	14 Nov 05	247529
Long Service Levy		AP34	$172200.00
Security Bond			$75000.00
Builders Damage Deposit		BON2	$3200.00
Inspection Fee for Refund of Damage Deposit		DA6	$92.00
S94 - Open Space & Community Recreation		CONT9	$993776.00
S94 - Traffic Management within the Hurstville City Centre District - Retail		CONT	$37157.00
S94 - Traffic Management within the Hurstville City Centre District - Commercial		CONT	$139223.38
S94 - Library Infrastructure		CONT7	$58786.00
S94 - Library Bookstock		CONT4	$2394.00
S94 - Urban Spaces		CONT	$153748.00
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)
Building Inspection Fees		DA6	$29955.00
Occupation Certificate Fee		AP22	$72.00

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

12. BI2 - Long Service Leave Levy - Payment of the Building and Construction Industry Long Service Leave Levy in the amount of $172200.00 (0.35% of the estimated cost of work). 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. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

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

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

The total open space and community recreation facilities contribution required and payable before release of the Construction Certificate is $993776.00.

14. SE941A -Traffic Management within the Hurstville City Centre District - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for the provision of traffic management facilities within the Hurstville City Centre District.

The contribution relates to Plan no. 1 and is based on the following criteria as a direct consequence of the proposed development:

(a) The increased traffic volume raises the potentiality of conditions accelerating the deterioration of road pavement and/or traffic system operational conditions.

(b) The provision of the scheduled facilities is essential to facilitate the traffic system operation due to the proposed development.

The contribution rate for Retail is $20.49 per square metre and Commercial is $8.18 per square metre respectively of nett increase in floor space. The total traffic management contribution required and payable before release of the Construction Certificate is $176380.38.

15. S947 - Urban Spaces - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for urban spaces.

The contribution is related to Plan no. 7 and is based on the premise that any development which results in a nett gain of people living and working in the Hurstville Central Business District will create an extra demand on the urban space infrastructure and facilities.

(a) The contribution rate for commercial/retail development is $11.00 per square metre of gross floor area.

The total urban spaces Section 94 contribution required and payable before release of the Construction Certificate is $153748.00

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

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

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

(a) The contribution rate for retail/commercial development is $3.80 per square metre of gross floor area (as defined by Hurstville Local Environmental Plan 1994). The total contribution for this development is $58786.00.

(b) The book stock acquisition contribution for retail/commercial development is $0.13 per square metre of gross floor area (as defined by Hurstville Local Environmental Plan 1994). The total contribution for this development is: $2394.00

The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $61180.00

17. S948 - Indexing of all Section 94 Contributions - All contributions payable pursuant to Section 94 conditions must be paid before issue of the Construction Certificate, and will be indexed quarterly in accordance with the Consumer Price Index - Sydney All Groups, published by the Australian Bureau of Statistics. If you seek to obtain a Construction Certificate more than three (3) months from the date of this consent you must contact Council to determine the variation in the contribution(s) before payment. If you engage an accredited certifier payment(s) must be made before issue of the Construction Certificate. Failure to do so can result in problems including incorrect cheque preparation, return of payment, and delay in obtaining your Construction Certificate.

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

(a) Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development: $3200.00.

(b) Payment to Council of a non refundable Public Works Inspection Fee to enable assessment of any damage and repairs where required: $92.00.

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

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

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

19. The applicant is to submit a Colour and Finishes Schedule to Council's Heritage Officer for their approval prior to the issue of a Construction Certificate. The Colour and Finishes Schedule is prepared to reduce the detrimental visual impact when viewed from 33-47 Dora Street. Particular attention is to be given to the wall adjacent to the north western boundary which is shared with the heritage item.

20. Prior to the issue of a Construction Certificate, a comprehensive dilapidation report for the Heritage Item located at 33-47 Dora Street is to be provided to Council. The report is to provide details of the stabilisation of the heritage item, including all measures to ensure that the heritage items will not be harmed by the works. Should the proposed development cause damage to the heritage item evident within a 12 month period of completion of the building works, the applicant will be responsible for any rectification works to the full cost of the applicant.

21. SM2 - Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw.

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

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

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

24. An acoustic report is to be submitted to Council for approval prior to the issue of Construction Certificate. The report is to detail the types of acoustic treatments to be provided to the roof top plant, diesel generators and air handling plant and must ensure that the noise emitted from the proposed development does not exceed the criteria set out in the EPA's Industrial Noise Policy.

25. Prior to the issue of a Construction Certificate a report detailing the likely wind effects of the building, as prepared by a suitably qualified consultant, must be submitted to either Council or an accredited certifier. In the event that serious wind effects are predicted the building must be modified so as to reduce or minimise such wind effects.

26. A copy of the plans must be referred to Sydney Airports Corporation Limited, PO Box 63, Mascot 1460 (telephone 9667 9111) and any requirements of that Corporation must be complied with. Prior to the issue of the Construction Certificate written evidence of acceptance of the proposal must be submitted to either Council or an accredited certifier.

27. The measures detailed in the Reflectivity Report prepared by Ove Arup Pty Ltd in November 2005 under Job Number 85063/00 in respect of eliminating rogue or unwanted solar reflections off the 'Medica Centre' building must be complied with in connection with such development.

28. Glass on the south western facade of the building fronting Queens Road must be fitted with glass with a vertical frit of at least 30% to reduce glare to road users.

29. The floor to floor height on Levels 2 to 7 inclusive are not to exceed a height of 3.6m.

30. Thresholds between the public domain and main Dora Street entrance are not to exceed more than 5mm of rise.

29a) CC7008 - Access and sanitary facilities for persons with disabilities must be provided in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate Application.

(This condition was added as part of MOD2013/0090 (05/DA-607))

29b) CC7015 - Building - Alternative means of compliance with the BCA - Clause 93 and 94 EP&A Regulation 2000 - Pursuant to Clause 93 of the Environmental Planning and Assessment Regulation 2000, the existing building the subject of the change of use, fitout, refurbishment works and the new duct riser must be brought into total conformity with the Building Code of Australia. In this regard, construction plans that demonstrate compliance with the Building Code of Australia must be submitted to the Principal Certifying Authority.

In the above regards, it is noted that the existing building was built to comply with the performance requirements of the BCA in lieu of the deemed to satisfy provisions of the BCA. Also, a fire engineering statement dated 22 November 2013 from Kevin Chan - Senior Fire Safety Engineer, for LCI Australia P/L, has been submitted which confirms that a suitable fire safety strategy can be developed for the development to comply with the performance requirements of the BCA. In the circumstances, a report prepared by an accredited fire engineer must be submitted detailing the alternative solution and certifying that the proposed works associated with the new the fitout, refurbishment works and the new duct riser will not render the design of the alternative solutions in the existing building ineffective. The report must also detail and specify any additional works that may be necessary to comply with the performance requirements of the BCA. (Copy of the original fire engineer reports must also be submitted to the PCA).

(This condition was added as part of MOD2013/0090 (05/DA-607))

29c) CC7007 - Building - Engineer’s Certificate - A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

(This condition was added as part of MOD2013/0090 (05/DA-607))

31. Entry doors to all retail units at the ground floor must have a clear width of no less than 850mm in accordance with AS1428.2.

32. All doorways to and within the medical centre on Level 1 must have a clear width of no less than 850mm in accordance with AS1428.2.

33. All corridors within the medical centre on Level 1 must have a minimum width of 1200mm outside doorways in accordance with Development Control Plan No. 19.

34. An existing toilet adjacent to the recovery lounge is to be converted so that it is "accessible" in accordance with AS1428.2. Alternatively, an additional "accessible" toilet may be provided in the vicinity of the recovery room.

35. All doors to the medical suites on Levels 2-7 inclusive are to have a minimum door width of 850mm in accordance with AS1428.2.

36. A clear circulation area of 1200mm minimum is required outside all internal doorways in accordance with AS1428.2.

37. All car spaces designated as "accessible" car spaces on the approved stamped set of architectural plans are to have a minimum vertical clearance of 2.5m.

38. The fit out of accessible toilets must comply with the vertical dimensioning required under AS1428.1.

39. Toilets within each of the medical suites are to be designed to be accessible.

40. DR1 - Stormwater System - All roof water, surface water and sub-surface water must be collected and discharged to Council's drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

On-site infiltration (via an absorption trench) is prohibited.

Details of the proposed drainage system must be submitted with the Construction Certificate application.

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

42. DR12 - On Site Detention - 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) For events up to a 1% (depending upon the type of development) annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987). Maximum peak site discharge resulting from the development shall not be greater than peak site discharge, where the lots were previously occupied by a single dwelling, garage, lawn and garden.

(b) Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

(c) The OSD facility shall be designed to meet all 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 flooding during heavy storms."

(d) Positive Covenant is to be created over any on site detention facility The covenant is to be worded as follows:

"It is the responsibility of the lots burdened to keep the "On-Site-Detention" facilities, including any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The On Site Detention facilities are not to be modified it in any way without the prior approval of Council."

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

Full details shall accompany the application for the Construction Certificate.

43. Detailed design plans and hydraulic calculations of the proposed stormwater drainage system are to be submitted to the Roads and Traffic Authority (RTA) for approval prior to the issue of the Construction Certificate. Details must be forwarded to:

RTA Sydney Asset Management

83 Flushcombe Road

BLACKTOWN NSW 2148

A plan checking fee will be payable and a performance bond may be required before the RTA's approval is issued. With regard to any Civil Works requirements, please contact the RTA's Project Engineer, External Works. Documentary evidence must be submitted to the Principal Certifying Authority with the application for a Construction Certificate.

44. Council's existing stormwater pipe that traverses the site shall be diverted outside the front of the site in Queens Road and Dora Street. Details of the redirected pipeline shall be submitted to Council's Engineer prior to the issue of a Construction Certificate.

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

46. Off-street parking associated with the development (such as driveway, ramp grades, aisle widths, aisle lengths, parking bay dimensions, sight distances and loading bays) should be designed in accordance with AS2890.1 - 2004 and AS2890.2 - 2002.

47. The car wash bay located on Basement Level 4 is to be redesignated as a general car parking space.

48. Alignment levels approval for the whole of the frontage of the site in Dora Street and Queens Road must be obtained from Council prior to the issue of a Construction Certificate.

49. RR2 - Road Opening Permit - A road opening permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of state roads, for every opening of the public road before the commencement of work in the road.

50. PU4 - EnergyAustralia - Substations/Kiosks EnergyAustralia shall be consulted to determine if an electricity distribution substation is required. If so, it will be necessary for the final film survey plan to be endorsed with an area, having the required dimensions as agreed with EnergyAustralia, indicating the location of the proposed electricity distribution substation site. The substation must be located within the boundary of the development site, or within the building, subject to compliance with the BCA. The substation site to be dedicated to Council as public roadway, or as otherwise agreed with EnergyAustralia. For details visit www.energy.com.au:

(a) written confirmation of EnergyAustralia's requirements is to be submitted before the issue of the Construction Certificate; and

(b) EnergyAustralia's requirements are to be met before the issue of the Occupation Certificate.

51. PU7 - EnergyAustralia - Undergrounding Electricity Mains (Hurstville CBD area) – Arrangements are to be made with EnergyAustralia to install underground all low voltage street mains in that section of the street/s adjacent to the development and to provide conduits for the future under grounding of high voltage mains. This shall include any associated services and the installation of underground supplied street lighting columns where necessary. These works to be carried out at your expense. For details visit www.energy.com.au:

(a) A copy of confirmation of EnergyAustralia's requirements is to be submitted to Council before issue of the Construction Certificate; and

(b) EnergyAustralia's requirements are to be met before the issue of an Occupation Certificate.

Where works within the road reserve are to be carried out by the developer, a Road Opening Permit must obtained from Council's Customer Service Centre before commencement of work.

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

(This condition was amended as part of MOD2013/0090 (05/DA-607))

53. Waste Storage Facilities - Provision of waste storage facilities in accordance with the following waste generation rates:

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

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

(c) Office - 0.01-0.03 cubic metres per 100sqm of floor area per day. Details shall be submitted with the Construction Certificate application.

54. Provision shall be made for a sufficient number of recycling bins appropriate to the specific end use occupancies of the building, and located in an area of the building that can be adequately serviced by waste collection vehicles. Details of these facilities shall be submitted to Council with the Construction Certificate application.

55. All waste and recycling containers shall be stored in an approved waste storage area, large enough to house a sufficient number of Mobile Garbage Bins, of an acceptable size, appropriate to the specific end use occupancies, and located in an area of the building that can be adequately serviced by waste collection vehicles. Details of the provision of these facilities shall be submitted to Council with the Construction Certificate application.

Before Commencing the Development

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

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

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

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

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

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

58. A CCTV report must be submitted to Council to investigate possible connections from adjoining properties to Council's stormwater line that traverses the site.

59. Prior to commencement of work in connection with the erection of the internal concrete elements in the basement levels, copies of the relevant easements and neighbour's permission obtained in respect of the craning over of materials and equipment, construction of belowground (cable) anchors under and erection of scaffolding over the neighbouring properties must be submitted to Council or accredited certifier.

60. Excavation - The developer shall provide written notice to the owners of adjoining lands indicating the scope of works to be done at least fourteen (14) days prior to commencement of shoring or excavation works. A copy of Notices forwarded to adjoining owners shall be submitted to Council as evidence that adjoining landowners have been notified.

61. DE3 - During excavation of the site and construction works, Council's footpath shall be adequately supported to Council's satisfaction.

Details of the proposed method of supporting or retaining the footpath shall be submitted to Council for approval before the commencement of work.

62. Security Bond - A Security Bond of seventy five thousand dollars ($75,000.00) shall be lodged with Council prior to commencement of works as a security against collapse of Council's road/footpaths and/or damage to services by the placement of ground anchors. Application for release of the Bond may be made on construction of the basement and after the stress release of the anchors.

63. Pursuant to Section 140 of the Heritage Act 1970, an Archaeological Excavation Permit is required to be obtained from the Heritage Council of NSW prior to any works being undertaken on the site. A copy of the permit is to be provided to Council prior to any works being undertaken.

Alternatively, an "exemption" may be granted by the Heritage Council of NSW if it is provided with an Archaeological Assessment Report which indicates that there is little likelihood of there being any relics in the land or that any relics in the land are unlikely to have state or local heritage significance. If an exemption is granted, a copy of the exemption must be provided to council prior to the undertaking of any works on the site.

64. BC3 - Site Safety Fencing - Erect fencing to exclude public access to the site, throughout 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.

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

66. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. The proposed method of sediment control must be discussed with Council's Subdivision Engineer/Manager, Assessments prior to commencement of work.

67. Traffic Management Plan - Prior to commencement of work, submit to Council a Traffic Management Plan prepared by an RTA authorised traffic controller setting out the road safety measures to be implemented during each phase of the construction and also detailing the requirements for a work (construction) zone in Dora Street. This Traffic Management Plan is to be approved by the Local Traffic Committee.

68. SM1 - Site Management - The following procedures apply:

(a) implement the site management plan and measures, and provide for erosion and sediment control according to the SSROC "Do It Right On Site" publication, which can be downloaded from our website;

(b) prevent sediment and/or building materials being carried or washed onto the footway, gutter, road, or into Council's stormwater drainage system;

(c) ensure soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways;

(d) ensure safe access to and from the site including the road reserve and footpath area, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like;

(e) ensure safe loading and unloading excavation machines, building materials, formwork and the erection of the structures within the site;

(f) ensure storage on site of all excavated material, construction materials and waste containers during the construction period (except where otherwise approved); and

(g) ensure support of any excavation beside any adjoining property or the road reserve is designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.

before the commencement of work, and throughout work.

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

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

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

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

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

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

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

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

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

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

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

70. PU2 - Sydney Water - The approved plans must be submitted to Sydney Water or one of its agents for approval before the commencement of work. For more details visit www.sydneywater.com.au.

71. 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

(This condition was added as part of MOD2013/0090 (05/DA-607))

72. Prior to commencement of site works, details setting out a "designated heavy vehicle route" in connection with the transporting of soil material to and from the site as well as transporting all waste material, including demolition material, existing landfill and spoil from the site must be submitted to Council's Traffic Analyst for approval.

73. Prior to commencement of site works, the developer must provide Council with the company details of the contractor/s responsible for the transport of material to and from the site. The developer must also nominate a contact person who will be responsible for all heavy vehicle operations. Relevant telephone numbers, facsimile numbers and e-mail addresses must be submitted to Council prior to commencement of works. A weekly reconciliation of trucking movements must be provided to Council during the period of transporting material. This shall include, but not be limited to, the number of trucks that have travelled to and from the site each day, and the registration numbers (both truck and dog-trailer registration plates) of these vehicles.

During the Development

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

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

(i) the consent authority; or

(ii) an accredited certifier; and

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

(i) notified Council of his or her appointment;

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

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

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

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

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

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

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

75. DD1 - The Principal Certifying Authority must carry out the following inspections or otherwise be satisfied by compliance certificates issued by suitably qualified professional persons (at the Principal Certifying Authority's discretion) that the following work has been carried out in compliance with the Development Consent, Construction Certificates and approved details.

Work must not proceed beyond each inspection unless the Principal Certifying Authority is satisfied that all work complies with the Development Consent, the Act, and the Regulations.

* All structural inspections.

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

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

Where Council has been appointed as the Principal Certifying Authority, an inspection fee applies as detailed in our current Schedule of Fees and Charges.

Forty-eight (48) hours notice in writing must be given to Council for an inspection.

The fee for Council to act as Principal Certifying Authority (for inspections and certification) is $29955.00 which must be paid to Council with the Construction Certificate application or before the issue of the Construction Certificate.

76. DD3 - Registered Surveyor's Reports – A Registered Surveyor’s report must be submitted to the PCA during each of the following stages of construction:

(a) Completion of Floor Slab Formwork - Before concrete is poured or at completion of foundation walls 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 is must be provided at each subsequent storey.

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

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

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

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

79. Disposal of contaminated soil must be made to a licensed EPA landfill facility. Details of the facility to which the contaminated coil is to be disposed of is to be provided to Council, prior to the commencement of works.

80. A Site Validation Report (SVR) must be prepared and submitted to Council prior to the construction of footings or basement floor slabs.

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

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

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

82. All vehicles transporting soil material to and from the site as well as transporting all waste material, including demolition material, existing landfill and spoil, from the subject site must ensure that the entire load is covered by means of a tarpaulin(s) or similar material. The vehicle driver shall be responsible for ensuring that waste material, dust or dirt particles are not deposited onto the roadway during transit. The preferred method of covering loads is with an automated “enviro-tarp”. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s Law Enforcement Officers. Any breach of this legislation is subject to a $500.00 “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

83. Each heavy vehicle generated by the site development must have appropriate signage identifying the site at which it is being used. These signs must be located on both sides of the vehicle’s rear tray and be easily identifiable at a distance of at least 50 metres. The purpose of such signage is to enable identification of both the vehicle and site in the event of compliant.

84. All heavy vehicle access to and egress from the site must be made via an approved “designated heavy vehicle route”, and at no times must heavy vehicles being used in association with the site use any other streets to travel to and from the site. Council’s Law Enforcement Officers will undertake regular monitoring to ensure that all vehicles travelling to and from the site do so strictly in accordance with the designated route. Those vehicles determined by either the developer or Council’s officers not to be in compliance with this requirement must be banned from transporting material to and/or from the site for the duration of the project.

85. A responsible employee of the development must be located within close proximity of the site during operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee must liaise with heavy vehicle drivers and provide regular updates to drivers on the conditions of entry to the subject site. The responsible employee or suitable replacement must be located at the designated site exit at all times during heavy vehicle operations. Contact details for this responsible person, including name and telephone number, must be provided to Council prior to commencement of heavy vehicle operations.

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

87. PU12 -Telecommunications Aerial Cables - Where the under grounding of low voltage electricity cables is required, the developer shall be responsible for arranging and payment of the cost of the under grounding of all telecommunications aerial cables, where the electricity poles are to be removed.

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

89. Prior to the installation of the standby power system, details prepared by an appropriately qualified electrical consultant in relation to this system must be submitted to Council or the accredited certifier.

The details must show whether the alternative power supply is provided by means of one of the following methods:

(i) a single medium voltage supply taken from an electricity substation situated within, or adjacent to, the building concerned where the power supply to the substation consists of two (2) or more high voltage cables each taking electricity from separate transformers; or

(ii) two (2) or more medium voltage supplies each taking electricity from separate electricity substations situated –

· outside the building concerned, and

· at a suitable distance from each other; or

(iii) a single medium voltage supply taken from an electricity substation together with an electricity generating plant capable of:

· generating a medium voltage supply; and

· starting and taking the required electrical load within a period of not more than 30 seconds from the time of normal supply failure.

The details must also show the alternative power supply will be connected automatically if the normal power supply fails and which fire safety systems will be operated by the alternative power supply. Further, should the standby power system comprise a system that takes a single medium voltage supply from an electricity generating plant, in addition to a supply from an electricity substation, the details must indicate:

· the location of the electricity generating plant,

· manufacturer’s details of the plant,

· the means of maintaining the plant such the type of and frequency of general maintenance to be carried out on the generating equipment, and

· the type and frequency of any testing procedures that are to be performed to ensure operation of the plant in an emergency situation will occur, i.e. the plant will start and take the required electrical load within a period of not more than 30 seconds from the time of normal supply failure.

90. During construction of the building, the measures detailed in the Reflectivity Report prepared by Ove Arup Pty Ltd. in November, 2005 under Job Number 85063/00 in respect of eliminating rogue or unwanted solar reflections off the ‘Medica Centre’ building must be implemented in connection with such development.

91. In the event that the report on the likely wind effects of the building, as required under this development consent, specifies the carrying out of modifications to the building so as to reduce or minimise such wind effects, those modifications must be implemented in the building.

92. In the event that a Detailed Site Investigation Report, that includes a Remedial Action Plan, is carried out in accordance with the New South Wales Environmental Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites, 1997 and requires the site to be remediated to ensure that it is suitable for its intended use, any remediation measures detailed in the Remedial Action Plan associated with the aforesaid Detailed Site Investigation Report must be carried out prior to commencement of work in connection with the construction of the below ground concrete elements.

Before Occupation

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

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

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

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

94. The design and construction of kerb, gutter and footpath off Queens Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA's Project Services Manager, Traffic Projects Section, Blacktown.

95. The footpath kerb and gutter in Queens Road and Dora Street shall be reconstructed to a detail approved by Council's Engineer and with materials specified for footways including street furniture and street trees, as provided for in Council's Public Domain Plan applicable at the time of completion of the building.

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

(a) Construct a new 150mm thick concrete vehicle crossing reinforced with F72 steel fabric.

(b) Construct a new footpath in Dora Street and Queens Road in paving material specified by Council.

(c) Construct new 150mm high kerb and 450mm wide gutter in Dora Street to Council's Engineer's levels and specifications.

(d) Provide any street tree planting as required by Council.

Council will provide a quote for this work upon request.

or alternatively:

A private contractor may carry out above work subject to:

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

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

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

96a) OCC7005 - Medical Wastes must be disposed of by an authorised waste disposal contractor. Contractor details are to be submitted to the council prior to commencement of business.

(This condition was added as part of MOD2013/0090 (05/DA-607))

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

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

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

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

(This condition was added as part of MOD2013/0090 (05/DA-607))

98. Doors to the development should be of solid construction and fitted with locking devices which comply with the building Code of Australia (Fire Regulations) and the Australian Standard AS 4145.

99. Fire exit doors must be of solid construction and have locking devices which comply with the building Code of Australia (fire Regulations) and have magnetic reed or micro switches installed to detect any unauthorised access or entry to doors. The doors should be kept closed and locked and used for emergency purposes only. Signage to this effect should be posted on these doors.

(This condition was amended as part of MOD2013/0090 (05/DA-607))

100. In respect of the standby power system, at completion of work a certificate must be submitted to Council or the accredited certifier from an electrical consultant stating which of the fire safety systems in the building are operated by the alternative power supply and that those fire safety systems are connected to the alternative power supply by cabling complying with Clause C2.13(c) (iii) and (iv) of the BCA.

In the event that the alternative power supply is in the form of an electricity generating plant the above certificate should also certify that such plant has been installed in accordance with the manufacturer’s requirements and will start and take the required electrical load within a period of not more than 30 seconds from the time of normal supply failure.

Should the alternative power supply be provided by means of:

(ii) two (2) or more medium voltage supplies each taking electricity from separate electricity substations situated –

· outside the building concerned, and

· at a suitable distance from each other; or

documentary evidence must be provided from Energy Australia to the effect that in the case of power supply being from a single electricity substation, that this substation is supplied with electricity from two (2) or more high voltage cables from separate transformers, or, where two (2) or more medium voltage supplies each take electricity from separate electricity substations, those substations are in fact separate electricity substations that are situated outside the building and at a suitable distance from each other.

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

102. In the event that the report on the likely wind effects of the building, as required under this development consent, specifies the carrying out of modifications to the building so as to reduce or minimise such wind effects, at completion of work and prior to the issue of an occupation certificate, a certificate/report must be submitted to either Council or accredited certifier from an appropriately qualified person certifying that all of the modifications specified in the wind effects report have been implemented in the building in accordance with the report.

103. At completion of work and prior to the issue of an occupation certificate, a certificate/report must be submitted to either Council or accredited certifier from an appropriately qualified person certifying that the measures, as outlined in the Reflectivity Report prepared by Ove Arup Pty Ltd. in November, 2005 under Job Number 85063/00 in respect of eliminating rogue or unwanted solar reflections off the ‘Medica Centre’ building, have been implemented in the building.

104. At completion of work and prior to the issue of an Occupation Certificate, a certificate/report must be submitted to either Council or an accredited certifier from a practising acoustical consultant (who is a member of either the Australian Acoustical Society, or the Association of Australian Acoustical Consultants) certifying that the recommended treatments, detailed in the Acoustic Impact Report prepared by Acoustic Logic Consultancy Pty. Ltd. on 8^th November, 2005 under Reference No. 2005500/0829A/R1/TT in relation to noise emissions from rooftop plant installed as part of the ‘Medica Centre’ development, have been implemented in the building.

105. As set out in this development consent, should a Detailed Site Investigation Report, together with a Remedial Action Plan, be prepared by a suitably qualified and experienced contamination consultant in accordance with the New South Wales Environmental Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites, 1997, on the basis that the subject land is contaminated and remediation of the land is necessary; prior to the issue of an occupation certificate, a Validation Report confirming that the site has been remediated in accordance with the New South Wales Environmental Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites, 1997, must be submitted to Council or accredited certifier.

106. LA1 - Completion to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be completed before the issue of the occupation certificate.

107. The planter located on top of the Level 1 podium on it south-western and north-western edges must have a minimum soil depth of at least 600mm.

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

109. The components of the automatic sliding access doors from Dora Street to the main lobby are to comply with AS1428.1.

110. Emergency egress routes and services should include audible and visual warnings and signals to assist people with sensory disabilities.

111. Handrails fully compliant with AS1428.2 are to be provided to both sides of the ground floor stairway and all internal stairways (except fire stairs) in accordance with Development control Plan No. 19 - Access and Mobility.

112. Tactile Ground Surface Indicators are to be provided to the top and bottom of all stairs in accordance with Hurstville Development Control Plan No. 19 - Access Mobility.

113. Internal components (including control panel, handrails, visual and audio devices) to all lifts must comply with AS1735.12.

114. All lift lobbies must have appropriate audio-visual components and call buttons in accordance with AS1735.12.

115. Tactile Ground Surface Indicators must be provided at the top of the western stairs (Stair 1) in accordance with AS1428.2.

116. Any reception desk within the medical centre or individual medical suites are to be provided with a section no higher than 870mm above finished floor level to cater for wheel chair users.

117. Tactile Ground Surface Indicators are to be provided at the top and bottom of all car park stairways in accordance with AS1428.4.

118. Illumination levels of paths, corridors and stairs should be a minimum of 150lux and in accordance with AS 1428.2 and Development Control Plan No 19.

119. Accessible toilets are to be provided with appropriate identification signage. The signs to the male and female and accessible toilets, car parking, lift lobbies should be tactile and have Braille included.

120. All “accessibility” signage is to comply with Building Code of A Parts D3.6 and Development Control Plan No 19.

121. The street number must be prominently displayed on the Dora Street Frontage adjacent to the main entry of the building. The building number should be a minimum height of 120mm and be visible at night.

122. Lighting fixtures within the basement parking areas, public domain and main lobby areas of the building are to be of high quality vandal resistant materials.

123. Building materials on the ground level of the development should be of non-pourus materials or treated with graffiti resistant materials to reduce opportunities for malicious damage offences.

124. All operable windows must be fitted with key-operated window lock sets.

125. Glass windows and doors fronting the public domain at ground level are to be reinforced with shatter resistant film, be laminated or have high quality retractable metal security grills or shutters installed.

126. A monitor intruder alarm system which has been designed and installed to the Australian Standard – Domestic and Commercial Alarm Systems should be installed. The system is to be maintained on a regular basis. Consideration should be given to incorporating duress facility into the system to enable staff to activate the system manually in the event of an emergency such as robbery.

127. A surveillance system must be installed. A number of cameras must be strategically located around the perimeter of the development and within the public parking area.

128. An emergency control and evacuation plan needs to be prepared and adopted by Council prior to the issue of an Occupation Certificate.

129. This condition is deleted as part of MOD2013/0090 (05/DA-607).

130. Proposed lighting within the car park, public domain and main lobby areas of the building are to comply with the minimum Australian Lighting Standards.

131. All car spaces designated as “accessible” car spaces on the approved stamped set of architectural plans are to be provided with appropriate vertical signage indicating terms of parking in a bay for people with disabilities (reference to AS 2890.5).

132. A digital sign is to be provided on the Dora Street frontage, indicating to drivers in both a south east bound or north-west bound direction along Dora Street, the number of parking spaces available to the public within the development.

133. Car spaces 1 to 10 on Basement Level 1, and car spaces 30 to 41 on Basement Level 2 are to appropriately signed/marked to indicate that these spaces are reserved for medical staff only.

134. Car spaces 21 and 22 on Basement Level 2 are to be appropriately signed/marked to indicate that these spaces are reserved for courier vehicles only. The sign is limit any parking within these spaces to 15 minutes only.

135. The proposed set down/pick up area (indented Porte cochere) on Dora Street should be signposted as "No Parking", which will allow 2 minutes to set down and pick up.

136. PV8 - Parking Space Number/Availability, Retail and Industrial Uses - One hundred and fifty (150) public parking spaces and three hundred and fifty (350) parking spaces are to be provided and these spaces must be unobstructed and available at all times for the parking of visitors/customers/ employees/service vehicles.

137. PVI2 - Use of Car Parking Spaces – The car parking spaces shall be linemarked and used only for the parking of vehicles and not used for the storage of any materials or waste matter.

138. PV15 - Disabled Parking - The parking space(s) for disabled persons must be sized/marked/signposted in compliance with Australian Standard 2890.1-1993.

139. ZC4 - If security shutters are installed at vehicular entry/exit point(s), only open grille/trellis style screens may be used. Opaque or solid roller shutters are prohibited. Security shutters are not permitted on fire exits. This condition does not apply to individual garage areas.

140. Appropriate waste disposal facilities shall be provided for all hazardous and clinical waste generated from the use and occupation of the building. Details shall be submitted prior to issue of the Occupation Certificate.

After Occupation/Ongoing Conditions

141. The hours of operation of the public car park and associated access thereto, is limited to between 6.00am and 10.00pm, seven (7) days a week.

(This condition is amended as part of MOD2013/0090 (05/DA-607))

142. The hours of operation of the medical suites located on Levels 2-7 are limited to 7.00am to 8.00pm Monday to Saturday only.

(This condition is amended as part of MOD2013/0090 (05/DA-607))

143. The hours of operation of the day surgery located on Level 1 is limited to 24 hours a day, 7 days a week.

(This condition is amended as part of MOD2013/0090 (05/DA-607))

144. Separate development consent must be obtained for the first occupation and use of any of the retail tenancies located on the ground level.

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

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

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

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

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

(This condition is amended as part of MOD2013/0090 (05/DA-607))

146. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.

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

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

149. A total of one hundred and ten (110) car spaces of the three hundred and fifty (350) car spaces required to satisfy the parking demand for the building are public parking spaces (in accordance with the applicant’s offer made at the time of development consent 05/DA-607 was granted), in addition to the one hundred and fifty (150) public parking spaces in the building that are owned by Georges River Council.

(This condition is amended as part of MOD2017/0090 (05/DA-607))

150. PV18 - Vehicles must enter and exit in forward direction - With the exception of garbage and recycling collection vehicles, all other vehicles must be driven in a forward direction entering or exiting the property. Adequate space must be provided and maintained on the land to permit all vehicles to turn. A durable metal or similar sign at the entrance of the site indicating that "All vehicles are to enter and exit the site in a forward manner".

151. PV2 - Loading and Unloading - The loading and unloading of all vehicles, goods, materials, and containers in relation to the shops/commercial use is to take place in the loading bay (zone) only. All car park spaces reserved for the loading bay (zone) are to be clearly signposted at all times.

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

153. ZC2 - Only signage that is exempt under Council's DCP no.14 – Exempt and Complying Development or has consent from Council may be affixed to the building. All signage must comply with Council's DCP no. 23 – Advertising and Signage. In particular:

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

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

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

154. SU6 - Positive Covenant - A positive covenant shall be created pursuant to Division 4 of Part 6 of the Conveyancing Act, 1919 as amended and Section 7(3) of the Strata Titles Act, 1973 with respect to the maintenance of the required on-site detention facilities. The location and extent of the detention facilities shall be delineated on the Plan of Subdivision.

155. SU9 - Positive Covenant - a positive covenant is to be created over any on site detention facility.

The covenant is to be worded as follows:

"It is the responsibility of the lots burdened to keep the "On-Site-Detention" facilities, together with any ancillary pumps, pipes, pits etc, clean at all times, maintained in an efficient working condition and are not to be modified it in any way without the prior approval of Council."

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

OSD Sign - A screw-on, professionally made sign shall be installed adjacent to the on-site-detention facility, containing the following text:

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

OSD Maintenance - The on-site detention drainage facility shall be maintained at all times in accordance with the approved plans and the positive covenant on the title. The positive covenant shall be created pursuant to Division 4 of Part 6 of the Conveyancing Act and be registered before issue of the Occupation Certificate, or created on any plan of subdivision of the site before determination of a subdivision/strata certificate.

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

157. The provision, servicing, and location of all waste management facilities shall, in general be carried out and installed in accordance with the submitted Waste Management Plan. However, should any aspect of the provision, servicing, or location of these facilities, prove inadequate or unsatisfactory, all such arrangements shall be subject to review by Council's Manager, Environmental Services.

Other Approvals - Section 78(5), Local Government Act 1993

Nil

Advices to Applicant

158. Consent Operation - This consent operates from the date the original consent was endorsed, ie 3 May 2006, except as qualified by Section 93 of the Act.

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

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

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

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

158a) ADV7001 - Should the Council be appointed as the Principal Certifying Authority in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA. However, if an alternative solution is proposed it must comply with the performance requirements of the BCA, in which case, the alternative solution, prepared by an appropriately qualified fire consultant, accredited and having specialist qualifications in fire engineering, must justifying the non-compliances with a detailed report, suitable evidence and expert judgement. Council will also require if deemed necessary, for the alternative solution to undergo an independent peer review by either the CSIRO or other accredited organisation. In these circumstances, the applicant must pay all costs for the independent review.

(This condition is added as part of MOD2013/0090 (05/DA-607))

158b) ADV7004 - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

a. Fire services and equipment including extinguishers, emergency lights, exit signs, hose reel, smoke hazard management, etc.

b. Mechanical ventilation details of the kiosk and kitchen exhaust system.

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

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

e. Detailed architectural plans of the whole of the existing building with sufficient details to enable assessment for compliance with the BCA and fire engineering report.

(This condition is added as part of MOD2013/0090 (05/DA-607))

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

(a) street/house number and street name

(b) side of the street

(d) distance from nearest cross street

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

161. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes. Where Development Consent conditions expressly require the erection of new dividing fences, they must be erected at your expense and Development Consent conditions have precedence over the provisions of the Dividing Fences Act.

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

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

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

165. AD6 - Access for Persons with a Disability - In addition to Development Control Plan no. 19 - Access and Mobility and the Building Code of Australia, the Commonwealth Disability Discrimination Act 1992 may impose greater obligations on providing access/facilities for disabled persons. For more details visit the Human Rights and Equal Opportunity Commission website www.hreoc.gov.au.

166. AD7 -Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.

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

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

169. AD10 - EnergyAustralia - The minimum safe distance from overhead power lines shall be maintained in accordance with the requirements of EnergyAustralia. For details visit www.energy.com.au.

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

(a) pump concrete from within a public road reserve or laneway

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

(d) pump storm water from the site to Council's storm water drains

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

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

171. AD12 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A penalty infringement notice may be issued for any offence. A severe penalty applies.

172. If not already in place, "No Stopping" parking restrictions should be applied along the full Queens Road frontage of the subject site.

Prior to implementing this full time parking restriction, please contact Traffic Management Services of the RTA for a Work Instruction.

173. All works associated with the proposed development shall be at no cost to the RTA.

174. Council's Traffic Committee investigate the feasibility of placing timed parking restrictions along Dora Street between Queens Road and Bond Street, and along Bond Street between Dora and Patrick Streets, to provide a higher turnover of parking spaces for the general public, at least during the construction period.

175. To minimise the period of absence of public parking spaces, construction of the proposed development should be staged and managed to allow the use of the basement parking levels for public parking as soon as practicable, and certainly prior to the completion of all building works. It is recommended that details of the timing of construction stages to enable use of the public car park as soon as practicable be submitted to and agreed by Council prior to the issue of a Construction Certificate. This is to ensure that the inconvenience caused by the temporary loss of public car parking is kept to the minimum practicable period.

176. If you need more information, please contact the undersigned on 9330-6400 during normal office hours.

Meeting:	Georges River Local Planning Panel (LPP) Review
Date:	Monday, 18 June 2018
Time:	4.00pm
Venue:	River Room, Georges River Civic Centre, corner MacMahon and Dora Streets, Hurstville
Panel Members:	Sue Francis (Chairperson) Milan Marecic (Expert Panel Member) Jason Perica (Expert Panel Member) Cameron Jones (Community Representative)
Council Staff:	Meryl Bishop (Director Environment and Planning) Ryan Cole (Manager Development and Building) Cathy Mercer (Team Leader DA Adminstration) Monica Wernej (DA Admin Assistant)