Agenda of Georges River Local Planning Panel (LPP)

Georges River Council – Local Planning Panel Monday, 3 September 2018

Page 10

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 03 September 2018

LPP Report No	LPP034-18	Development Application No	MOD2018/0089
Site Address & Ward Locality	37 Gungah Bay Road Oatley Peakhurst Ward
Proposed Development	Section 4.55(1A) Modificaiton application - Siting the approved dwelling a further 0.62m to the south
Owners	Mrs J Wang and Mr B Zhou
Applicant	Mrs J Wang
Planner/Architect	Green Tree Designs
Date Of Lodgement	6/07/2018
Submissions	Nil
Cost of Works	Nil for the modification
Local Planning Panel Criteria	Applicant is Council Staff Member
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Hurstville Local Environmental Plan 2012
List all documents submitted with this report for the Panel’s consideration	Architectural Plans
Report prepared by	Independent Assessment

Recommendation

THAT the application be approved in accordance 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

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?

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

Proposal

1. Council is in receipt of a Section 4.55 Modification Application for siting the approved dwelling a further 0.62m to the south.

Site and Locality

2. The subject site is legally described as Lot 451 DP 850836 and is known as 37 Gungah Bay Road, Oatley. The property is located on the eastern side of Gungah Bay Road, between Acacia Street and Linda Avenue Oatley.

The dimensions of the site are approximately 20.115m (width including the right of carriageway) x 27.62m (depth), with a total area of 555.8sqm, which accommodates an existing single storey fibro dwelling.

The property is affected by a 1m wide drainage easement and 3.5m wide right of carriageway (ROC) and easement for services which extends along the northern side of the allotment.

The immediate locality consists of a mix of detached dwelling houses in a predominantly low density residential setting.

Zoning and Permissibility

3. The site is zoned R2 - Low Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). The approved development and the modified form remains a residential dwelling with attached secondary dwelling which are both permissible with development consent and satisfy the zone objectives.

Submissions

4. No objections were received in relation to the proposed application.

Conclusion

5. Following a detailed assessment of the modification, it is considered that Section 4.55 Modification Application No MOD2018/0089 is recommended for approval subject to updated conditions of consent.

Report in Full

Proposal

6. Council is in receipt of a Section 4.55 Modification Application for siting the approved dwelling a further 0.62m to the south. The proposed works are specifically detailed below:

The subject allotment is affected by a right of carriageway, located adjacent to the side northern boundary. The approved dwelling was sited 3.5m as annotated on the plans measured from the northern boundary to the external façade of the two storey dwelling.

For the purposes of construction, no scaffolding is permitted to be located within over or upon the right of carriageway which would restrict access to those benefiting from the right of carriageway.

The following modification application seeks consent to relocate the approved dwelling 0.62m further to the south, which will facilitate the placement of scaffolding within the northern setback of the site to facilitate construction of the development without impacting the right of carriageway.

No other changes are proposed.

Figure 2.

Approved

site plan - 3.5m northern side boundary setback

Approved site plan showing the 3.5m setback from the northern boundary

Figure 3.

Proposed Modification

site plan - 4.12m northern side boundary setback

Proposed setback of 4.12m from the northern boundary

The Site and Locality

7. The subject site is legally described as Lot 451 DP 850836 and is known as 37 Gungah Bay Road, Oatley. The property is located on the eastern side of Gungah Bay Road, between Acacia Street and Linda Avenue Oatley.

The property is affected by a 1m wide drainage easement and 3.5m wide right of carriageway (ROC) and easement for services which extends along the northern side of the allotment.

The immediate locality consists of a mix of detached dwelling houses in a predominantly low density residential setting.

Streetscape view - 37 Gungah Bay Road, Oatley (Source: Google Maps 2018)

Background

8. The applicant is an officer of Georges River Council. Development Application DA2017/0419 was assessed externally by Creative Planning Solutions (CPS) (Report by Independent Assessment) and presented to Local Planning Panel (LPP) formerly known as the Independent Hearing and Assessment Panel (IHAP), due to probity.

The Local Planning Panel, on the 26 April 2018 approved the application subject to the following:

Determination

Approval

The Georges River Council LPP as the delegate of the Georges River Council determines Development Application No. 2017/0419 for the demolition of existing structures and the construction of a two storey dwelling with an attached single storey secondary dwelling at 37 Gungah Bay Road, Oatley, by granting consent to the application subject to the conditions recommended in the report submitted to the LPP meeting of 26 April 2018 as amended by the following new condition:

7A. Prior to the issue of a Construction Certificate the approved plans are to be amended to:

a) Show the proposed separate pedestrian access to the secondary dwelling along the southern side boundary; and

b) To include materials and finishes to the following first floor walls:

(i) Western wall to the master bedroom; and

(ii) Southern wall to the sitting room, stairs and bathroom; to break up the expanse of blank walls. If windows are proposed, the windows on the western elevation are to match the western windows of the secondary dwelling, and any window on the southern elevation to the bathroom is to be a high level window, with a minimum lower sill height of 1.5m.

Section 4.55 Assessment

9. This application has been made pursuant to Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 to modify Development Consent DA2018/0089 dated 6 July 2018. Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 enables the consent authority to modify a development consent upon application by the applicant or any person entitled to act on the consent, provided that the consent authority:

1. Is satisfied that the proposed modification is of minimal environmental impact?

Officer Comment: The modification proposes relocating the dwelling a further 0.62m to the south to enable development to be undertaken without impacting the right of carriageway.

The relocation of the approved dwelling 0.62m further to the south will enable construction to be undertaken within the confines of the allotment without any construction materials being on over or within the right of carriageway. The proposed development is of minimal environmental impact.

2. Is satisfied the proposed development as modified is substantially the same development for which consent was originally granted?

Officer Comment: The proposed development as modified retails the residential use and is substantially the same development for which consent was originally granted.

3. Has consulted with the relevant Minister, public authority or approval body with respect to a condition imposed on the consent or general terms of approval.

Officer Comment: Not Applicable

4. Has advertised and or notified the application in accordance with the regulations or a development control plan?

Officer Comment: The application was subject to neighbour notification in accordance with the provisions of Hurstville Development Control Plan 2012. No submissions were received.

5. Has considered any submissions made concerning the proposed modification.

Officer Comment: No submissions received.

State Environmental Planning Policies

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT (DEEMED SEPP)

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

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

11. A BASIX Certificate is required to be lodged for any development application in NSW for a new home or for any alteration and addition of $50,000 or more to an existing home.

A revised BASIX Certificate was submitted with the amendment given the relocation of the built form. The revised BASIX Certificate is referenced as 912132M_2, prepared by Outsource Ideas dated 16 August 2018.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND (SEPP 55)

12. SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment. Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.

The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regards to site contamination.

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

13. The allotment is subject to the provisions of the Hurstville Local Environmental Plan 2012 (HLEP 2012).

Part 2 – Permitted or Prohibited Development

Clause 2.1 – Land Use Zones

14. The site is zoned R2 - Low Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). The approved development and the modified form remains a residential dwelling with attached secondary dwelling which are both permissible with development consent and satisfy the zone objectives.

Part 4 – Principal Development Standards

Applicable KLEP Clause	Development Standards	Development Proposal	Complies
4.3 Height of Buildings	9m	As approved (7.75m)	No changes proposed
4.4 Floor Space Ratio	0.6:1	As approved (0.57:1)	No changes proposed
5.4(9) Secondary dwellings floor space	Floor area not to exceed the greater of 60sqm or 10% of total floor area of principal dwelling whichever is greater	As approved (52.0sqm)	No changes proposed

DEVELOPMENT CONTROL PLAN

15. The proposed development is subject to the provisions of the Hurstville Development Control Plan No.1 2012 (HDCP 2012). There are no modifications proposed that result in an amendment to the calculations undertaken with respect to the HDCP 2012 compliance table except for the following component:

Setbacks

The development as approved has a northern side boundary setback of 3.5m and a southern side boundary setback of 1.8m.

The development cannot be constructed in in the current location without construction scaffolding being installed on, over or within the right of carriageway. The will result in the right of carriageway being obstructed during the construction. As a result the application is seeking to ameliorate this issue by the relocation of the development a further 0.62m from the northern side boundary, resulting in a setback of 4.12m, which will result in a southern side boundary setback of 1.215m as opposed to the approved setback of 1.835m.

The proposed side setbacks exceed the 900mm setback nominated in Clause 4.4.3 of the HDCP. As a result the application is considered to be acceptable and worthy of support.

Impacts

Natural Environment

16. The proposed modification is not considered to have an unsatisfactory impact in terms of the Natural Environment.

Built Environment

17. The proposed modification is considered acceptable in terms of impacts on the built environment.

Social and Economic Impact

18. The proposal is considered acceptable in terms of social and economic impacts.

Suitability of the Site

19. The site presents a number of constraints including existing vegetation and the need for appropriate stormwater disposal. The applicant’s DA submission has not adequately addressed these issues, and therefore it is considered that the site is not suitable for the development as currently proposed in this DA.

Submissions

20. No objections were received in relation to the proposed application.

Public Interest

21. The proposed development is of a scale and character that is not contrary to the public interest.

CONCLUSION

22. The application has been assessed having regard to Section 4.55 of the Environmental Planning and Assessment Act 1979, and the provisions of the Hurstville Local Environmental Plan 2012.

Following a detailed assessment of the modification sought to relocate the development 0.62m further from the northern boundary, it is considered that Section 4.55 Modification Application No MOD2018/0089 is worthy of support subject to updated conditions of consent.

DETERMINATION AND STATEMENT OF REASONS

23. Statement of Reasons

· The proposed development is considered to be an appropriate scale and form for the site and the character of the locality;

· The proposed development, subject to the recommended conditions, will have no unacceptable adverse impacts upon the natural or built environments; and

· In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is in the public interest.

24. Pursuant to the provisions of Section 4.55 of the Environmental Planning and Assessment Act, as amended, development consent DA2017/0419 granted on 26 April 2018 for the demolition of existing structures and the construction of a two storey dwelling with an attached single storey secondary dwelling on Lot 451 DP 850836 and known as 37 Gungah Bay Road, Oatley, is amended in the following manner:

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

Consent Operation - This consent operates from the date the original consent was determined, ie 26 April 2018, 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 8.15 of the Environmental Planning and Assessment Act 1979.

Right of Review – If you are dissatisfied with this decision, you may apply for a Review of a Determination under Section 8.9 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.

Right of Appeal – Appeal to the Land and Environment Court within six (6) months after the date on which you receive this Notice of Determination, under Section 8.9 of the Environmental Planning and Assessment Act 1979.

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

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

Description	Reference No.	Date	Revision	Prepared by
Site Plan	Dwg No. 03	05.07.18	F	Green Tree Designs
Elevations 1 & 2	Dwg No. 09	05.07.18	F	Green Tree Designs
Elevations 3 & 4	Dwg No. 10	05.07.18	F	Green Tree Designs
Ground Floor Plan	Dwg No. 07	05.07.18	F	Green Tree Designs
First Floor Plan	Dwg No. 08	05.07.18	F	Green Tree Designs
Schedule of External Finishes	201714	17.09.18	-	-

(This condition is modified as part of MOD2018/0089 (DA2017/0419))

2. Fencing - Fencing does not form part of this application. Consent for any fencing should be pursued separately from this application.

3. Right of Carriageway - This consent does not authorise any buildings, structures or other elements within the existing right of carriageway described in Deposited Plan 850836 (such as the proposed fill and batter slope) as shown on the site plan referred to in Condition 1.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

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

4. Roads Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

Separate approval is required under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath) listed below.

An application is required to be lodged and approved prior to the commencement of any of the following works or activities;

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

The relevant Application Forms for these activities can be downloaded from Council’s website www.georgesriver.nsw.gov.au. For further information, please contact Council’s Customer Service Centre on (02) 9330 6222.

5. Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the commencement of those works.

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website at www.georgesriver.nsw.gov.au. Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours. Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

An approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out in accordance with Council’s specifications applicable at the time, prior to the issue of an Occupation Certificate.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

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

6. Sydney Water – Tap in ^TM - The approved plans must be submitted to a Sydney Water Tap in ^TM to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately endorsed. For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746). The Certifying Authority must ensure that a Tap in ^TM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

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

7. Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).

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

Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable).

A summary of the fees to be paid are listed below:

Fee Type		Fee
GENERAL FEES
Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation. See https://portal.longservice.nsw.gov.au/bci/levy/
Builders Damage Deposit	$1,900.00
Inspection Fee for Refund of Damage Deposit	$550.00

General Fees

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

7A. Prior to the issue of a Construction Certificate the approved plans are to be amended to:

(a) Show the proposed separate pedestrian access to the secondary dwelling along the southern side boundary; and

(b) To include materials and finishes to the following first floor walls:

(i) Western wall to the master bedroom; and

(ii) Southern wall to the sitting room, stairs and bathroom;

to break up the expanse of blank walls. If windows are proposed, the windows on the western elevation are to match the western windows of the secondary dwelling, and any window on the southern elevation to the bathroom is to be a high level window, with a minimum lower sill height of 1.5m.

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

(a) Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,900.00

(b) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $550.00

(c) Submit to Council, before 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.

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.

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

10. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 912132M_2 must be implemented on the plans lodged with the application for the Construction Certificate.

(This condition is modified as part of MOD2018/0089 (DA2017/0419))

11. Low reflectivity roof - Roofing materials must be low glare and reflectivity. Details of finished external materials including colours and texture must be provided to the Certifying Authority.

12. Stormwater System - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

(a) All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

(b) All overflows of roof waters from any rainwater tank shall drain by gravity to Council’s kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

(c) All other impervious surface water runoff such as driveways and footpaths shall drain by gravity to Council’s kerb and gutter directly in front of the development site.

13. Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineering specialising in hydraulic engineering shall be submitted with the Construction Certificate application.

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

14. Driveway Construction Plan Details - Detailed engineering plans for the driveway shall be submitted with the Construction Certificate application for approval that show:

(a) Longitudinal and cross sections, gradients, access onto the proposed lots, type of construction materials designed in accordance with Council's Subdivision standards and AS/NZS2890.1-2004.

(b) Suitable underground provision for the supply of all relevant services to the proposed lots (proposed position of pipes and conduits).

(c) The full length of the driveway designed with a minimum 150mm thick reinforced concrete and minimum of 2.7m wide pavement/kerb face to kerb face width, and a non-slip surface.

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

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

16. Engineer’s Certificate - A certificate from a professional Engineer specialising in structural engineering 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.

17. Commonwealth Disability (Access to Premises) Standard - The Commonwealth Disability (Access to Premises - Buildings) Standards 2010 (the Premises Standards) applies to all applications (i.e. Construction Certificate). This requires any new building, part of a building and the affected part of the existing building to comply with the Premises Standards, the Building Code of Australia and AS 1428.

18. Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Certifying Authority prior to the issue of any Construction Certificate.

19. Waste Storage - Residential and Mixed Use Developments - The plans shall include details of the waste storage area. The waste storage area shall not be visible from the street. The waste storage area shall be located within the lot/building in accordance with the approved plans.

20. Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

21. Tree Removal prohibited - This consent does not approve the removal or pruning (branches or roots) of any trees on the subject property, Council’s public footway, public reserves or on neighbouring properties.

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

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

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

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

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice (NSW Work Cover July 2015)

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

23. Demolition Notification Requirements - The following notification requirements apply to this consent:

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

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

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

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

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

26. Existing drainage easement, drainage reserve or stormwater drainage system benefiting Council - Council drainage easement(s) drainage reserve(s) or stormwater system either pass through or are adjacent to the site. No building or other structure must be placed over the drainage easement or stormwater system or within the zone of influence taken from the invert of any pipe.

The applicant must determine the exact location, size and level details of the potentially affected stormwater drainage systems and without causing any damage to the public system ensure its protection. The owner, principal contractor or owner builder must not obstruct or otherwise remove, disconnect or render inoperable the Stormwater Drainage System.

Works such as fences must not obstruct the natural stormwater flowpath or alter the flowpath in such a way as to direct or concentrate stormwater on to neighbouring properties.

Where the relocation or reconstruction of Council’s drainage system is approved then all work carried out on Council’s assets will revert to the ownership, care, control or management of Council. Therefore, upon handover to Council, the asset must comply with Council’s Construction of drainage and associated works specification.

The applicant must meet all costs associated with such works.

Note: This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places.

27. Registered Surveyors Report - During Development Work - A report must be submitted to the PCA at each of the following applicable stages of construction:

(a) Set out before commencing excavation.

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

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

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

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

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

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

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

DURING CONSTRUCTION

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

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

30. Hours of construction for demolition and building work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.

Note: A penalty infringement notice may be issued for any offence.

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

32. Physical connection of Stormwater to site - No work is permitted to proceed above the ground floor slab level of the building until there is physical connection of the approved stormwater drainage system from the land the subject of this consent to Council's stormwater pipeline in Gungah Bay Road.

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

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

35. Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt.

Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

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

36. BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent must be implemented before issue of any Occupation Certificate.

37. BASIX Compliance Certificate - A Compliance Certificate must be provided to the PCA regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

38. Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

39. Driveways and parking spaces - Minor Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface.

40. Demolition - The dwelling house must be demolished prior to the issue of the Occupation Certificate.

ONGOING CONDITIONS

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

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

ADVICE

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

42. Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

The required Long Service Levy payment can be direct to the Long Service Corporation via their web site https://online.longservice.nsw.gov.au/bci/levy. Payments can only be processed on-line for the full levy owing and where the value of work is between $25,000 and $6,000,000. Payments will be accepted for amounts up to $21,000, using either MasterCard or Visa.

43. Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

The interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year. Council will accept a bank guarantee in lieu of a deposit.

All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.

44. Council as PCA – Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the PCA in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA. However, if an alternative fire 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.

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

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

Schedule B - Prescribed Conditions

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

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

46. BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

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

48. Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the PCA and the Principal Contractor.

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

Schedule C – Operational & Statutory Conditions

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

50. Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued.

51. Appointment of a PCA - The erection of a building must not commence until the applicant has:

(a) appointed a PCA for the building work; and

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

If the work is not going to be undertaken by an Owner - Builder, the applicant must:

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

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

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

An Information Pack is attached for your convenience should you wish to appoint Georges River Council as the PCA for your development.

52. Notification of Critical Stage Inspections - No later than two days before the building work commences, the PCA must notify:

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

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

53. Notice of Commencement - The applicant must give at least two days notice to the Council and the PCA of their intention to commence the erection of a building.

A Notice of Commencement Form is attached for your convenience.

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

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

Where Georges River Council has been appointed as the PCA, 48 hours notice in writing, or alternatively 24 hours notice by facsimile or telephone, must be given when specified work requiring inspection has been completed.

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

Only the PCA appointed for the building work can issue the Occupation Certificate.

An Occupation Certificate Application Form is attached for your convenience.

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

ATTACHMENTS

Attachment ⇩1	Site Plan - 37 Gungah Bay Road Oatley
Attachment ⇩2	Elevation 1 and 2 - 37 Gungah Bay Road Oatley
Attachment ⇩3	Elevation 3 and 4 - 37 Gungah Bay Road Oatley
Attachment ⇩4	Shadow Diagram - 37 Gungah Bay Road Oatley

Georges River Council – Local Planning Panel Monday, 3 September 2018

Page 34

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 03 September 2018

LPP Report No	LPP035-18	Development Application No	DA2017/0573
Site Address & Ward Locality	5A Algernon Street Oatley Blakehurst Ward
Proposed Development	Demolition of existing structures and construction of an attached dual occupancy including a swimming pool and modified front fence
Owners	J Kowald and D G Killaed
Applicant	M Cubed Design
Planner/Architect	M Cubed Design
Date Of Lodgement	22/11/2017
Submissions	Thirteen (13) submissions
Cost of Works	$950,455
Local Planning Panel Criteria	>10 submissions
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Environmental Planning and Assessment Regulations 2000, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013
List all documents submitted with this report for the Panel’s consideration	Architectural plans Landscape plan Statement of Environmental Effects
Report prepared by	Independent Assessment and Team Leader Development Assessment

Planning

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 and design changes

Site Plan

Executive Summary

Proposal

1. The development proposes demolition works and the erection of an attached dual occupancy including a swimming pool.

Site and Locality

2. The subject site is located on the northern side of Algernon Street, located between Clifton and Phipps Streets. The site is a regular shaped allotment with frontage of 20.115m and side boundaries of 50.31m for a site area of 1012sqm.

Zoning and Permissibility

3. The property is zoned R2 Low Density Residential under Kogarah LEP 2012. The proposal is permissible with Council’s consent.

Submissions

4. The proposal has been notified to neighbours in accordance with Kogarah DCP 2013, and thirteen (13) submissions have been received. These are discussed in the body of the report.

Conclusion

5. The proposal is recommended for approval subject to conditions of consent.

Report in Full

DESCRIPTION OF THE PROPOSAL

6. Council is in receipt of a development application (DA2017/0573) for demolition of existing structures and construction of an attached dual occupancy including a swimming pool and modified front fence at property 5A Algernon Street, Oatley.

The proposed dual occupancy is configured such that both dwellings are located side by side and attached by way of a small length of common wall at ground floor level with both addressing Algernon Street.

Figure 1: Site Plan of Proposal (Revised)

The dwellings comprise two (2) floor levels. The ground floor levels of both dwellings include combined kitchen/dining/living areas, separate lounge and study rooms, together with covered rear terraces and garages. The larger of the dwellings (eastern side) includes a double garage. The smaller of the dwellings (the western side) includes a single garage and an east facing side courtyard. The first floor levels of both dwellings include four (4) bedrooms, bathroom facilities and front and rear balconies.

The proposed building is of contemporary architectural design featuring mainly rendered and painted external walls, minor elements of external timber, metal and stone cladding and shallow pitched steel roofing including some minor parapet elements at the front and rear of the dwellings.

Figure 2: Front Elevation of Proposal (Revised)

The garages and entries of both dwellings will be accessible via a common driveway and footpath crossing located adjacent to the south western corner of the site.

The new swimming pool is located in the rear yard of the smaller of the dwellings (western dwelling), immediately adjacent to the covered rear terrace. This swimming pool is sited substantially below ground level and setback from the site boundaries. The existing semi inground swimming pool located in the rear yard of the eastern dwelling is existing and is proposed to be retained.

The existing cement rendered masonry fence located adjacent to the front boundary is to be modified to facilitate the widened driveway access will be up to 1m in height at its western extremity.

Stormwater runoff from the roofs of the dwellings is to be directed to a series of above ground rainwater tanks and then to a detention tank located below the common driveway, which discharges to an outlet in the street kerb and gutter fronting the site. Stormwater runoff from the driveway surfaces is to be directed to the street.

The front setback and rear yards of the dwellings are to be landscaped by way of a mixture of tree, shrub and groundcover planting including two (2) Kentia Palm trees, a Tuckeroo tree and a Water Gum tree to be located adjacent to the street frontage.

DESCRIPTION OF THE SITE AND LOCALITY

7. The site is located off the northern side of Algernon Street between Clifton and Phipps Streets. It is a rectangular shaped lot having front and rear boundaries of 20.115m, side boundaries of 50.31m and an overall area of 1012sqm. It is presently occupied by a one (1) and two (2) storey cement rendered brick and weatherboard house with tiled roof, and rear extension with a skillion metal roof. A semi inground swimming pool is located in the rear yard.

Figure 3: Subject site as viewed from the street

The site falls away gently from the front boundary to the rear boundary by approximately 2670mm (or 5.31% grading). There are several trees on the site inclusive of two (2) Eucalyptus pilularis trees, two (2) Corymbia gummifera, one (1) Angophora Costata, one (1) Pittosporum undulatum, one (1) Acacia Elata, and one (1) Eucalyptus Robusta tree located at the nature strip in front of the site. There are two (2) Eucalyptus scoparia located within the site at south western boundary (front left hand corner). In addition, there are seven (7) other species located in the northern end (rear yard) of the subject site, being one (1) Glochidion ferdinandi, two (2) Washingtonia robusta, one (1) Angophora Costata, one (1) Brachychiton discolour, one (1) Macadamia tetraphylla, and one (1) Lagunaria Patersonia tree.

Immediately to the east, west and north and across the road to the south are detached dwelling houses. The wider locality is characterised by low density housing comprising mainly of detached dwelling houses.

Figure 4: Aerial photo of site (outlined by orange colour) and surrounds

ZONING

8. The site is zoned R2 Low Density Residential in accordance with the Kogarah Local Environmental Plan 2012 (refer to zoning map extract below).

Figure 5: Zoning map extract (Source: NSW Legislation website)

APPLICABLE PLANNING CONTROLS

9. The following environmental planning instruments and development control plans are relevant to the site and proposal:

· Greater Metropolitan Regional Environmental Plan No. 2 (Georges River Catchment)

· State Environmental Planning Policy No. 55 - Remediation of Land

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

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

· Kogarah Local Environmental Plan 2012

· Kogarah Development Control Plan 2013

PLANNING ASSESSMENT

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

Environmental Planning Instruments

Kogarah Local Environmental Plans

11. The provisions of the Kogarah Local Environmental Plan 2012 are of relevance to the proposal. A comparison of the proposal against key provisions in the Local Environmental Plan is tabled as follows.

Clause	Provision	Proposed	Complies
2.3 Zone objectives and Land Use Table	The site is within the R2 Low Density Residential zone. Development for the purpose of a ‘dual occupancy’ may be carried out only with development consent. The relevant objective of the zone is to provide for the housing needs of the community within a low density residential environment.	The proposal is defined as a ‘dual occupancy’. The proposal is not inconsistent with the zone objectives.	Yes Yes
2.7 Demolition requires development consent	Development consent is required for demolition of the buildings.	The current application includes the demolition of existing structures; the swimming pool on site is to be retained.	Yes
4.1B Minimum lot size for dual occupancies	650sqm (min)	1012sqm	Yes
4.1C Minimum subdivision lot size for dual occupancies	Development consent may be granted for the subdivision of the land, but only if there is a dual occupancy on the land that was lawfully erected and the lot size for each resulting lot will be at least 300sqm.	The plans include the subdivision of the land, but there is no existing lawfully erected dual occupancy on the land.	No – a condition of consent is imposed to the effect that the subdivision of the land is excluded from the approval
4.3 Height of buildings	9m (max)	8.2m	Yes
4.4A Exceptions to floor space ratio for residential accommodation in Zone R2	0.439:1 FSR or 444.3sqm GFA (max)	0.318:1 FSR or 321.95sqm GFA	Yes

Environmental Planning and Assessment Regulations 2000

12. The requirements of Australian Standard ‘AS 2601-1991: The Demolition of Structures’ are of relevance to the application as the proposal includes demolition of existing structures, the swimming pool is to be retained. The requirements of this standard including the management of asbestos containing materials will be readily addressed by the imposition of suitable conditions of consent.

State Environmental Planning Policies

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

Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment

14. All stormwater from the proposal will be treated in accordance with Council’s Water Management Policy and satisfy the relevant provisions of the above state policy.

State Environmental Planning Policy No 55 - Remediation of Land

15. Having regard to the residential zoning of the site and the types of uses permissible within the zone, it is considered unlikely that the land is contaminated. Based on council’s records, the site has not been used for any potentially contaminating activities and hence it is unlikely that the land is contaminated.

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

16. A BASIX Certificate has been issued for the proposal and the commitments required by this certificate have been satisfied. The Basix certificate will need to be updated to incorporate the new changes proposed.

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

17. The objectives of this instrument have been met, namely:

The aims of this Policy are:

(a) 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.

through the redesign of the proposal to retain various trees on the site whilst facilitating development.

Draft Environmental Planning Instruments

18. The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. Changes proposed include consolidating the following seven existing SEPPs:

· State Environmental Planning Policy No. 19 – Bushland in Urban Areas

· State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

· State Environmental Planning Policy No. 50 – Canal Estate Development

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

· Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

· Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

The proposal is not inconsistent with the provisions of this Draft Instrument.

Development Control Plans

19. The provisions of the Kogarah Development Control Plan 2013 are of relevance to the proposal. A comparison of the proposal against the controls in the development control plan is tabled as follows.

Control	Requirement	Proposed	Complies
Building Height - Upper Ceiling - Roof (Parapet) - Roof (Ridgetop)	7.2m (max) 7.8m (max) 9m (max)	6.3m 8.1m - Dwelling 1 8.2m - Dwelling 2	Yes No (see below) Yes
Number of Levels	2 (max)	2	Yes
Second Level Depth	60% (max)	68.95% - Dwelling 1 59% - Dwelling 2	No (see below) Yes
Setbacks -Front -Rear Side (East) Side (West)	5.5m 7.6m (min) 1.2m (min) 1.2m (min)	5.51m 9.77m 0.9m-1.2m+ 0.9m-1.2m+	Yes Yes Yes (see below) Yes (see below)
Glazing to Front Facade	35% (max)	<35%	Yes
Deep Soil Landscaping	15% (min)	26.26% (265.8sqm)	Yes
Balconies/Terraces per Dwelling - Total Area - Setback - Depth	40sqm (max) 3m (min) 2.5m (max)	25.3sqm/22.45sqm 3.2m 2.3m/2.3m	Yes Yes Yes
Car Parking	3 spaces (min)	3 garage spaces (Dwelling 1 has only 1 car space)	No

Note: The setback and depth controls for balconies/terraces (referred to in the above table) only apply to side and rear balconies and not front balconies.

The following comments are made with respect to the proposal satisfying the objectives and controls contained within the Development Control Plan.

The proposal will benefit from the eastern dwelling being relocated towards Algernon Street to have a front setback of 4.0m to the garage southern wall:

· Significant reduction of overshadowing to the immediate western neighbour;

· Increased articulation to the façade, thus contributing to the reduction of the bulk and scale of the development;

· Unobstructed on-site parking space to the western dwelling in front of the respective balcony; and

· Increased setback to the tree species to be retained at the rear eastern end of the site, as recommended by council’s Tree Management Officer.

It is noted that the nature strip in front of the subject site occupies an angle (and street narrowing) on the south east, thus eliminating the potential on-street parking in front of the site. The effort to maintain on-site parking will be achievable with the increased articulation between the dwellings.

The alternative has been discussed with Council’s Tree Management Officer, and the following has been recommended:

Subject species, Eucalyptus Pilularis, referenced on the arobricultural assessment as ‘T3’, may be impacted from this dwelling, but by moving the dwelling 1.5m closer to the front, therefore is 7.5m to T3 and this encroachment is as a percentage – 5.94 % incursion Into the TPZ of T3, to which is a MINOR incursion in accordance with AS4970-2009, Protection of trees on development sites.

- To add, the front fence shall not be constructed from strip concrete footings. This front fence can only be of “post and rail” type construction; whereas hand dug piers/ holes shall be dug in the location for posts and away from roots from trees to be protected.

- Tree protection measures (fencing, mulch and signage) shall be installed before ANY works to this site and shall be encompassing the entire front council verge and to approximately 1m from the side of the NE garage and nominated TPZ upon Conditions set out.

- Any excavations along the side of the NE garage/footings shall be supervised by the engaged AQF Level 5 project Arborist for this site.

Further to this, the alternative method of construction for the front fence shall be that the existing fence may be removed by hand tools only, no machinery, and at the supervision of the consultant arborist to determine the health of the surrounding roots. If the footing structure of the existing fence is inadequate, the front fence must be constructed with ‘post and rail’ type construction.

As a result it is recommended that the applicant reduce the front setback to 4.5m for the eastern dwelling, and retain the front setback of the western dwelling. The above protection measures, together with the protection and retention of the Glochidion Ferdinandi (noted as ‘T11’ on the arboricultural assessment).

Building Scale and Height

20. The overall building height is within the permissible height controls and therefore is deemed compliant.

Floor Space

21. The external walls are sufficiently articulated to reduce the visual bulk and scale and the overall floor space ratio of the development is compliant.

Rhythm of Built Elements in the Streetscape

22. The proposal is located in a street that is typified by a variety of built forms including more recent construction utilising contemporary design approaches. There is little consistency in terms of the rhythm of built elements. Strict application of the primary and secondary building façade controls is unnecessary in the circumstances. Notwithstanding, the front facade of the dual occupancy is sufficiently articulated to reduce its visual bulk when viewed from the public domain.

Building Setbacks

23. The proposal generally complies with the side setback requirements, and the front and rear setback requirements (a condition has been imposed to relocate the eastern dwelling toward Algernon Street to have a front setback of 4.0m to the garage to facilitate the retention of the tree in the rear yard which will assist in the functionality and serviceability of the car parking for the western dwelling). The protrusion of the two dwellings in the rear yard does not comply, however it is deemed acceptable given the environmental factors.

Fenestration and External Materials

24. The proposed materials and colours are not inconsistent with the streetscape.

Open Space

25. The proposal readily complies with the deep soil landscaped area control. The rear private open spaces are adjacent to and accessible from the main living areas of the dwellings. The private open spaces are of a high quality given their generous dimensions and leafy open outlooks.

Vehicular access, Parking and Circulation

26. The proposal provides three (3) covered parking spaces, and shared manoeuvrability. This is generally consistent with the relevant controls, being a minimum of three (3) car spaces for the overall development, with the amended street setback (conditioned) the functionality for the western dwelling will be workable and compliant.

Privacy

27. The rear balconies have a side setback in excess of 3m to the immediate neighbours. The rear yard and private open space for each dwelling does not obstruct any neighbouring properties, however the alfresco area has the potential to result in some impact onto the allotment adjoining, as a result a privacy screen is to be erected on the eastern elevation having a minimum height above the finished floor level of 1.7m.

Solar Access

28. The building is orientated and achieves good levels of solar access to its main living areas and rear private open space. The proposal results in no excessive overshadowing to the western and eastern neighbours, providing sunlight in the morning for the eastern neighbour and sunlight in the afternoon for the western dwelling. The impact of overshadowing to the immediate neighbours is considered acceptable.

Views and View Sharing

29. The dual occupancy will not result in any unreasonable adverse impacts in terms of view loss having regard to its siting and design and the prevailing topography of the immediate locality. The proposal is generally consistent with the planning controls relating to floor space ratio and building height and appropriately setback from the street frontage. Reasonable view sharing is achieved in the circumstances.

Additional Design Requirements for Attached Dual Occupancies

30. The relevant controls are outlined and addressed as follows.

§ Minimum site requirements for dual occupancies

Dwelling Type

Minimum Frontage

Minimum Site Area

Note

Dual occupancies (attached)

18m

850sqm

The minimum site area requirements for dual occupancies are contained in Clause 4.1A of Kogarah LEP 2012.

Comment: The site of the proposal has a frontage of 20.115m and an area of 1012sqm and complies.

§ Each dwelling within an attached dual occupancy development should either be side by side or one dwelling above the other. It is not acceptable to have one dwelling behind the other.

Comment: The dual occupancy is designed to be side by side and complies.

§ One dual occupancy dwelling must not intrude into the rear yard further than 5m beyond the other.

Comment: The western dwelling intends to protrude in excess of 5m into the rear yard of the eastern dwelling. This proposal, whilst non-compliant, is deemed satisfactory given the site constraints and environmental factors.

§ Attached dual occupancies should take account of the building form and roof lines of adjoining dwellings, where a pattern is established by a group of adjoining houses.

Comment: There is little consistency in terms of the built form of existing dwellings in the immediate locality of the site. The proposal’s individual architectural expression is acceptable.

§ No more than one third of the width of the frontage of a property should be used for driveways and access ways.

Comment: The extent of the site frontage used for driveways and access ways is less than one third satisfying this control.

§ Access to garaging and additional parking spaces for dual occupancy dwellings should not result in large expanses of paved surfaces to the front of the building.

Comment: The layout has been modified to respond to the environmental factors of the site, including the singular footpath crossing on the south western end of the site.

§ Garages for each dwelling within an attached dual occupancy development must be single fronted only. However, garages that provide for tandem parking may be acceptable.

Comment: The garage for the eastern dwelling is double-fronted and contrary to this control. Notwithstanding, as this garage is not facing the street directly, it does not unduly dominate the front façade of the building when viewed from the street. The double garage will be screened from view to some extent by the existing trees within the road reserve immediately adjoining the site. The garaging arrangements are acceptable in the circumstances.

§ Where existing dwellings in a streetscape are on one side of a block and have a side driveway, this pattern should also be observed by the design of the attached dual occupancy.

Comment: The garage for the eastern dwelling contributes in the compliance of this proposal, given that it faces the western boundary.

§ Attached dual occupancies should not have central garages or driveways.

Comment: The garages and associated driveway are not centralised in keeping with this control.

Swimming Pools

The proposed swimming pool associated with western dwelling satisfies the relevant objectives. The existing swimming pool on site is being retained and will be associated with the eastern dwelling.

Comment: The proposal is considered to be acceptable.

Front Fences

31. The front fence shall not be constructed from strip concrete footings. This front fence can only be of “post and rail” type construction; whereas hand dug piers/holes can be dug in the location for posts and away from the roots of the trees to ensure the tree protection.

An alternative method of construction for the front fence shall be that the existing fence may be removed by hand tools only, no machinery, and at the supervision of the consultant arborist to determine the health of the surrounding roots. If the footing structure of the existing fence is inadequate, the front fence must be constructed with ‘post and rail’ type construction.

IMPACTS

Natural Environment

32. The proposed development would not result in any adverse impacts upon the natural environment for reasons discussed throughout the repo and the retention of trees. Importantly, the grove trees within the road reserve immediately adjoining the site are being retained.

Built Environment

33. The proposed development would not result in any adverse impacts upon the built environment for reasons discussed throughout the report.

Social Impact

34. The proposed development would not result in any adverse social impacts within the locality.

Economic Impact

35. The proposed development would not result in any adverse economic impacts within the locality.

Suitability of the Site

36. The proposal is of a scale and design that is suitable for the site having regard to its size and shape, topography, vegetation and relationship to adjoining developments.

SUBMISSIONS AND THE PUBLIC INTEREST

37. The application was publicly notified on two (2) separate occasions in accordance with the provisions of the development control plan. In response to the initial public notification of the application, seven (7) submissions were received. In response to the most recent public notification of the application, five (5) submissions were received. The submissions received are summarised and addressed as follows.

Stormwater

Stormwater runoff from subject site to the rear.

Comment: This development proposes to drain the roofs of each of the dwellings to drain to a rainwater tank with both dwellings connecting to an onsite detention system within the driveway which discharges the overflow into the street gutter network in Algernon Street Oatley, which meets with the requirements of the Kogarah Development Control Plan.

Retaining wall

Is there a retaining wall to the rear of the property to prevent water flow?

Comment: The application is not proposing to install a retaining wall along the rear boundary. The stormwater is being discharged via rainwater tanks and an onsite detention system within the driveway which discharges the overflow into the street gutter network in Algernon Street Oatley, which meets with the requirements of the Kogarah Development Control Plan.

Bulk and scale

Bulk and scale and impact on the streetscape/not consistent with the traditional streetscape.

Comment: This application seeks to demolish the exiting traditional single dwelling and construct an attached two (2) storey dual occupancy. The contemporary nature of the dwelling seeks a skillion roof design behind a parapet roof form. The materials and finishes are predominately rendered with decorative face brickwork with concrete/cladding columns. The finishes whilst contemporary are not considered to result in an adverse impact on the streetscape as it is a modern design with supporting modern finishes. The application is considered to be acceptable.

Traffic and car parking impacts

Comment: The application is seeking to construct two (2) dwelling on the site. The eastern dwelling is seeking to accommodate a double garage, and the western dwelling contains a single dwelling with a car space within the driveway. The on grade car space was considered to be compromised due to the turning circle into the double garage. As a result the application is recommending the eastern dwelling be relocated closer to Algernon Street which assists with the car parking space and will retain Tree 3 in the rear of the site. The application is considered acceptable.

Loss of trees

Comment: The development will result in tree removal; the application has been redesigned to relocate the eastern dwelling toward Algernon Street to have a 4.0m setback to preserve the significant trees on the site. The application has been reviewed by Council’s Tree and Landscape Officer who supports the application in its amended form.

Loss of privacy

Comment: The application seeks to construct two (2) dwelling on the site with a separating wall through the centre. The upper level of both dwellings contains bedrooms and supporting service rooms, there are no entertaining spaces at the level. As a result there is no adverse impact onto the adjoining allotments.

There are alfresco areas to the ground floor of each dwelling and upper level balconies which have incorporated screens to reduce the impact onto the adjoining allotments. This is considered to address the visual impacts from the proposed development onto neighbouring allotments.

Fencing

Fencing materials and height.

Comment: There is 1.8m fencing proposed to the perimeter of the site and dividing the subject dwellings. The application will be conditioned that this be lapped and capped. This is fencing is considered to be acceptable.

The front fencing is a maximum if 1m in height which is proposed to be rendered masonry. If the existing footing is insufficient to accommodate the proposed fence, new strip footings are not supported as they will result in the undermining of the tree roots, as a result the fencing to be erected will be a post and rail fence. This has been conditioned.

Impact on private outdoor areas

Comment: The applicant has included screening to entertaining areas and upper balconies which limits the visual impact onto the adjoining allotments. The application is considered to be acceptable in this regard as no adverse privacy or overlooking impacts are envisaged.

Impact on property values

Comment: Property values are not a matter for consideration under the provisions of the Environmental Planning and Assessment Act 1979.

Overshadowing

Comment: The allotment is oriented north south. The proposed built form will result in some overshadowing onto the western neighbour in the morning and the eastern neighbour in the afternoon. The shadowing impact of the development is considered not to be adverse on the allotments adjoining.

The eastern dwelling will be relocated closer to Algernon Street to assist with the retention of Tree 3 and the manoeuvring of vehicles within the front setback associated with the western dwelling which sill improve the solar access to the eastern property. The application is considered to be acceptable in the regard.

REFERRALS

Council Referrals

Stormwater Engineer

38. Council’s Stormwater Engineer has undertaken a review of the proposal and advised that the proposal complies with Council’s stormwater controls in Kogarah DCP 2013. Appropriate conditions of consent have been provided which are included in the recommended conditions below.

Tree Management Officer

39. Council’s Tree and Landscape Officer has reviewed the plans and documentation and undertaken a site inspection, recommendations as to tree protection zones have been recommended which have resulted in the need to relocate the dwelling. This has been included in the recommended conditions below.

CONCLUSION

40. The application is for demolition of existing structures and construction of an attached dual occupancy including a swimming pool and modified front fence. The application has been assessed having regard to the State Instruments, Council’s Local Environmental Plan, Development Control Plan, the environmental nature of the site and the concerns raised by the neighbours. The application is considered to have merit with respect the development proposed and the design changes conditioned will result in the retention of vegetation in the rear and an improved outlook to the eastern neighbours. The application is recommended for support subject to the conditions referenced below.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

· The proposed development is considered to be an appropriate scale and form for the site and the character of the locality;

· The proposed development, subject to the recommended conditions, will have no unacceptable adverse impacts upon the natural or built environments; and

· In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is in the public interest.

THAT pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA2017/0573 for the demolition of existing structures and construction of an attached dual occupancy including a swimming pool and modified front fence at Lot 28 DP4868 and known as 5A Algernon Street, Oatley, subject to the following conditions of consent.

Section A Development Details

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

Description	Drawing No.	Dated	Revision	Prepared by
Site/Roof Plan	2/17	19/04/2018	-	M Cubed Design
Ground Floor Plan	3/17	19/04/2018	-	M Cubed Design
First Floor Plan	4/17	19/04/2018	-	M Cubed Design
Elevations	7/17 8/17	19/04/2018	-	M Cubed Design
Sections & Streetscape	9/17 15/17	19/04/2018	-	M Cubed Design
External Finishes	-	01/11/2017	1/11/17	M Cubed Design
Demolition Plan	11/17	01/11/2017	1/11/17	M Cubed Design
BASIX Certificate	875422S	02/11/2017	02/11/17	M Cubed Design
BASIX Certificate	875434S	02/11/2017	02/11/17	M Cubed Design

Section B Separate Approvals Required Under Other Legislation

2. Roads Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

An application is required to be lodged and approved prior to the commencement of any of the following works or activities;

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

3. Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the commencement of those works.

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website at www.georgesriver.nsw.gov.au. Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours. Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

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

Section C Requirements of Concurrence, Integrated & Other Government Authorities

5. Sydney Water - Tap in TM - The approved plans must be submitted to a Sydney Water Tap in TM to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately endorsed. For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746). The Certifying Authority must ensure that a Tap in TM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

6. Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance.

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

The Notice of requirements must be submitted prior to the commencement of work. A Section 73 Compliance Certificate will be required at the completion of development in accordance with further conditions.

7. Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the PCA prior to the issue of the Occupation Certificate.

Section D Prior to the Issue of a Construction Certificate

8. Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).

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

Please contact Council prior to the payment of Section 7.11 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

A summary of the fees to be paid are listed below:

Fee Type	Fee
GENERAL FEES
Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation. See https://portal.longservice.nsw.gov.au/bci/levy/
Builders Damage Deposit	$1,900.00
Inspection Fee for Refund of Damage Deposit	$155.00
DEVELOPMENT CONTRIBUTIONS
Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential	$1,468.02
Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007	$29,154.62
Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings	$756.54
Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books	$539.40

General Fees

Development Contributions

The Section 7.11 contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

Indexation

The above contributions will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant Section 94 Development Contributions Plan.

Timing of Payment

The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

Further Information

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.

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

(a) Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,900.00

(b) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $155.00

10. Site Management Plan - A Site Management Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate. The site management measures are to be implemented prior to the commencement of any works including demolition and excavation. The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity. A copy of the Site Management Plan must be kept on site and is to be made available upon request.

11. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate must be implemented on the plans lodged with the application for the Construction Certificate.

12. Required design changes – The following changes are required to be made and shown on the Construction Certificate plans:

a) Building Setbacks - Except where otherwise dimensioned on the approved plans, the dual occupancy building is to be setback from the boundaries as follows:

i) The eastern dwelling is to be relocated towards Algernon Street to have street setback of 4.0m from the front allotment boundary;

ii) The south western corner of the building at Dwelling 1 is to be a minimum distance of 13.69m from the front boundary;

iii) The south eastern side wall adjacent to the garage of Dwelling 2 is to be a minimum distance of 0.9m from the adjacent side boundary; and

iv) The south western side wall adjacent to the garage of Dwelling 1 is to be a minimum distance of 0.9m from the adjacent side boundary.

b) Eastern Window to Dwelling 2 adjacent to first floor hallway (W18 on plan) is to be provided with obscured, frosted or sandblasted glazing.

c) The 1.8m high fencing nominated on the plans is to be lapped and capped timber.

The above details are to be indicated on the plans accompanying any construction certificate for the development.

d) Referring to Stormwater Concept Plan dated 23 April 2018. Issue A and prepared by KD Stormwater Pty Ltd, design changes are required and shown on the Construction Certificate plans.

i) Considering a driveway area grated box drainage shall designed and connected to the proposed silt arrestor pit.

ii) Rainwater tank details including water supply distribution configurations.

13. Erosion & Sedimentation Control - Erosion and sediment controls must be provided to ensure:

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

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

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

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

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

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

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

These measures are to be implemented prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed surfaces are landscaped/sealed.

14. Stormwater System - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

a) All roof waters and all overflows from any rainwater tank shall drain to Council’s kerb and gutter directly in front of the development site by a suitably designed charged and gravity system.

The design of this proposed drainage system must be prepared by a professional engineer who specialises in hydraulic engineering and be submitted for approval with the Construction Certificate application.

b) Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

15. On site detention - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and installed.

Full details shall accompany the application for the Construction Certificate.

16. Stormwater Drainage Plan Details – Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineering specialising in hydraulic engineering shall be submitted with the Construction Certificate application.

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's Water Management Policy (Kogarah Council), August 2006.

17. Driveway Construction Plan Details – Detailed engineering plans for the driveway shall be submitted with the Construction Certificate application for approval that show:

(a) Longitudinal and cross sections, gradients, access onto the proposed lots, type of construction materials designed in accordance with Council's Subdivision standards and AS/NZS2890.1-2004.

(b) Suitable underground provision for the supply of all relevant services to the proposed lots (proposed position of pipes and conduits).

(c) The full length of the driveway designed with a minimum 150mm thick reinforced concrete and minimum of 2.7m wide pavement/kerb face to kerb face width, and a non-slip surface.

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

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

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

20. Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Certifying Authority prior to the issue of any Construction Certificate.

21. Landscape Plan - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Outliers Design Studio, reference numbers - LA - 001. The landscaping shall be maintained in accordance with the approved plans in perpetuity.

22. General Landscape Requirements

a) The proposed plant species, pot/ bag size and quantities of plants shall be in accordance with the proposed plant schedule upon the landscape plan. If plant species, pot/ bag size and quantities cannot be sourced, Council shall be contacted for alternatives.

b) Landscaping soil used within the front garden beds and lawn areas shall be in accordance with Australian Native Landscapes – “Low 'P' Mix™”

c) No fertilisers shall be used within the front garden beds and front lawn areas.

23. Completion of Landscape Works – All landscape works must be completed before the issue of the Final Occupation Certificate in accordance with approved landscape plans and specifications, drawn by Outliers Design Studio, reference numbers – LA – 001 and 1.1a, b and c above.

24. Compliance with submitted Arborist Report - The recommendations outlined in the Arborist’s Report titled Arboricultural Impact Assessment prepared by Jacksons Nature Works, dated 1st November, has been overturned and the trees below shall be retained. Details of tree protection measures to be implemented must be detailed and lodged with the Construction Certificate application for approval and shall be in accordance with Section 4 - Australian Standard AS 4970-2009: Protection of trees on development sites.

Any excavations along the side of the NE garage / footings shall be supervised by the engaged AQF Level 5 project Arborist for this site

25. The trees to be retained and protected are listed in the table below.

Tree Species	Location of Tree / Tree No.	Tree Protection Zone (metres)
T1 – Angophora costata	Front council verge	5.7m
T2 – Eucalyptus pilularis	Front Council verge	6.4m
T3 - Eucalyptus pilularis	Front Council verge	9.6m
T5 – Corymbia gummifera	Front Council verge	4.0m
T6 – Corymbia gummifera	Front Council verge	5.3m
T7 - Acacia elata	Front Council verge	4.2m
T8 – Eucalyptus robusta	Front Council verge	4.8m
T11 – Glochidion ferdinandi	Back yard of site	6.0m
T15 – Brachychiton discolor	Boundary fence line backyard	10.8m
T16 – Macadamia tetraphylla	Backyard fence line	5.8m
T17 – Lagunaria patersonia	Backyard fence line	2.8m

Details of the trees to be retained must be included on the Construction Certificate plans.

26. General Tree Protection Measures.

a) All trees to be retained shall be protected before and maintained during demolition, excavation and construction of the site.

b) The entire Council verge shall have tree protection fencing installed around its entirety

c) The tree protection measures must be in undertaken in accordance AS4970 -2009 Protection of trees on development sites.

d) Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist (AQF Level 5 or above in Arboriculture).

e) The Arborist must be present on-site during the stages of construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone to implement the tree protection measures as required.

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

g) The Tree Protection Zone of each tree, to be protected, shall be watered thoroughly, regularly to minimise the effects of construction works.

h) No services shall be installed within the TPZ of the tree unless approved by Council. This fence shall be kept in place during demolition, construction and also have a sign displaying ‘Tree Protection Zone – DO NOT ENTER’ attached to the fence and must also include the name and contact details of the Project Arborist.

27. Excavation works near tree to be retained.

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

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

c) Tree Protection Zone around the trees to be retained are not to have soil level changes or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction. Details satisfying this condition shall be shown on the Construction Certificate plans.

d) The front fence shall not be constructed from strip concrete footings. This front fence can only be of “post and rail” type construction, whereas hand dug piers/ holes shall be dug in the location for posts and away from roots from trees to be protected.

e) Tree protection measures (fencing, mulch and signage) shall be installed before ANY works to this site and shall be encompassing the entire front council verge and to approximately 1 metre from the side of the NE garage and nominated TPZ upon Conditions set out by council.

28. Pier and Beams

a) To preserve the T11, Glochidion ferdinandi the footings of the proposed alfresco and steps, shall be isolated pier and beam construction within a 5 metre radius of the trunk. The piers shall be hand dug and located such that no roots of a diameter greater than 50mm are severed or injured in the process of any site works during the construction period. The beam shall be located on or above the existing soil levels.

Details of this construction method shall be shown on the Construction Certificate plans.

Removal or pruning of any other tree (that would require consent of Council) on the site is not approved. All pruning must be undertaken by a qualified Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).

29. Tree Removal & Replacement

(a) Tree removal

Permission is granted for the removal of the following trees

Tree Species	Number of trees	Location
T4- Pittosporum undulatum	1	Front Council verge
T9 & T10 – Eucalyptus scoparia	2	Front boundary line
T12 – Washingtonia robusta	1	Backyard of site
T13 – Angophora costata	1	Backyard of site
T14 – Washingtonia robusta	1	Backyard of site

(b) General Tree Removal Requirements

i) All tree removal shall be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

ii) No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

iii) Council shall be appointed to remove and plant all tree/s on public land. All costs associated with the removal of the tree/s and the planting of replacement trees shall be met by the applicant. Fees and charges outlined in the table below are subject to change and are set out in the current version of Council's ‘Schedule of Fees and Charges’, applicable at the time of payment.

(c) Street Tree Replacement by Council

Fee Type – Tree removal on public land	Amount
Administration Fee for Tree Removal	$154.50
Replacement Tree Fee (per Tree)	$185.40
Cost of tree removal	To be determined
Cost of Stump Grinding	To be determined

A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy and Masterplan, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

30. Allocation of street addresses.

Dwelling description on plans	Current Lot/DP	New Primary Addresses
DW2	Lot 28 Sec 36 DP 4868	5A Algernon Street, Oatley NSW 2223
DW1	Lot 28 Sec 36 DP 4868	5B Algernon Street, Oatley NSW 2223

31. Swimming Pools - Use and Maintenance - The following apply to the construction:

(a) no ground level may be raised or filled except where shown specifically on the approved plans;

(b) all pool/spa waste water is to be discharged to the sewer according to the requirements of Sydney Water;

(d) drain paved areas to the landscaped areas or a suitable lawful drainage system; and

(e) arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

Section E Prior to the Commencement of Work (Including Demolition & Excavation)

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

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

All demolition work including the removal of asbestos, shall be undertaken in accordance with the Demolition Code of Practice (NSW Work Cover July 2015)

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

34. Demolition Notification Requirements - The following notification requirements apply to this consent:

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

36. Registered Surveyors Report - During Development Work - A report must be submitted to the PCA at each of the following applicable stages of construction:

(a) Set out before commencing excavation.

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

(e) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

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

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

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

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

Section F During Construction

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

39. Hours of construction for demolition and building work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.

Note: A penalty infringement notice may be issued for any offence.

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

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

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

43. Swimming Pools - Filling with water - The pool/spa shall not be filled until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the PCA.

44. Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt.

Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.

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

46. Tree removal on private land – The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 and the Amenity Tree Industry Code of Practice (SafeWork NSW, August 1998)

Section G Prior to the issue of the Occupation Certificate

47. Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate:

a) All the stormwater/drainage works shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

b) The internal driveway construction works, together with the provision for all services (conduits and pipes laid) shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

c) Construct any new vehicle crossings required.

d) Replace all redundant vehicle crossing laybacks with kerb and guttering, and replace redundant concrete with turf.

e) A Section 73 (Sydney Water) Compliance Certificate for the Subdivision shall be issued and submitted to the PCA prior to the issue of the Occupation Certificate.

f) Work as Executed Plans prepared by a Chartered Professional Engineer or a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate.

g) The construction of the driveway crossing shall be completed in accordance with the conditions and specifications of the Section 68 Activity Approval.

48. Stormwater drainage works - Works As Executed – Prior to the issue of the Occupation Certificate, storm water drainage works are to be certified by a professional engineer specialising in hydraulic engineering, with Works-As-Executed drawings (prepared by a registered surveyor) supplied to Council detailing:

(a) Compliance with conditions of development consent relating to stormwater;

(b) The structural adequacy of the On-Site Detention system (OSD);

(c) That the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations; and

(d) Pipes invert levels and surface levels to Australian Height Datum.

49. Restriction to User and Positive Covenant for On-Site Detention Facility - A Restriction on Use of the Land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owners of the land. The terms of the instrument are to be in accordance with Council’s standard terms and restrictions which are as follows:

Restrictions on Use of Land

The registered proprietor shall not make or permit or suffer the making of any alterations to any on-site stormwater management system which is, or shall be, constructed on the lot(s) burdened without the prior consent in writing of Georges River Council. The expression “on-site stormwater management system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to manage stormwater quantity or quality including the temporary detention or permanent retention of stormwater storages. Any on-site stormwater management system constructed on the lot(s) burdened is hereafter referred to as “the system”.

Name of Authority having the power to release, vary or modify the Restriction referred to is Georges River Council.

Positive Covenants

1. The registered proprietor of the lot(s) hereby burdened will in respect of the system:

a) keep the system clean and free from silt, rubbish and debris

b) maintain and repair at the sole expense of the registered proprietors the whole of the system so that if functions in a safe and efficient manner

c) permit the Council or its authorised agents from time to time and upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant

d) comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.

2. Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers:

a) in the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above the Council or its authorised agents may enter the land with all necessary materials and equipment and carry out any work which the Council in its discretion considers reasonable to comply with the said notice referred to in part 1(d) above

b) the Council may recover from the registered proprietor in a Court of competent jurisdiction:

i. any expense reasonably incurred by it in exercising its powers under subparagraph (i) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work.

ii. legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act. Name of Authority having the power to release vary or modify the Positive Covenant referred to is Georges River Council.

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

51. Vehicular crossing - Minor development - The vehicular crossing and/or footpath works shall be constructed by a private contractor at the expense of the applicant, in accordance with the Vehicular Crossing Approval issued by Council’s Engineering Services Division and in accordance with Council’s Specification for Vehicular Crossings and Associated Works and the issued.

Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

NOTE: No stencilled or coloured concrete may be used outside the boundary of the property.

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

52. BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent, must be implemented before issue of any Occupation Certificate.

53. BASIX Compliance Certificate - A Compliance Certificate must be provided to the PCA regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

54. Driveways and parking spaces - Minor Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface.

55. Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

Section H Operational Conditions (Ongoing)

56. Swimming Pools - Resuscitation Notice - An expired air resuscitation warning notice complying with the Swimming Pools Act 1992 must be affixed in a prominent position adjacent to the pool.

57. Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas.

58. Outdoor Lighting - To avoid annoyance to the occupants of adjoining premises or glare to motorist on nearby roads, outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting.

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

60. Subdivision - No approval is granted to any form of subdivision for this development.

Section I Operational Requirements Under the Environmental Planning & Assessment Act 1979

61. Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued.

62. Appointment of a PCA - The erection of a building must not commence until the applicant has:

(a) appointed a PCA for the building work; and

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

If the work is not going to be undertaken by an Owner - Builder, the applicant must:

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

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

An Information Pack is attached for your convenience should you wish to appoint Georges River Council as the PCA for your development.

63. Notification Requirements of PCA - No later than two days before the building work commences, the PCA must notify:

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

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

64. Notice of Commencement - The applicant must give at least two days notice to the Council and the PCA of their intention to commence the erection of a building.

A Notice of Commencement Form is attached for your convenience.

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

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

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

Only the PCA appointed for the building work can issue the Occupation Certificate.

Section J Prescribed Conditions

68. BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

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

70. Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the PCA and the Principal Contractor.

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

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

73. Site Excavation - Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site.

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

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

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

END CONDITIONS

NOTES/ADVICES

74. Review of Determination - Section 8.2 of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination. Any such review must however be completed within 6 months from its determination. Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.

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

75. Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.

76. Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended.

77. Torrens Title Subdivision of a Dual Occupancy Development - A separate development application is required to be lodged with Council for the Torrens Title Subdivision of a Dual Occupancy. Development consent for Torrens Title Subdivision cannot be granted until after the final Occupation Certificate has been issued for the Dual Occupancy Development.

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

A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

79. Register your Swimming Pool - All swimming pools in NSW are required to be registered. Fines apply for pools that are not registered. To register please visit: swimmingpoolregister.nsw.gov.au.

80. Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au.

81. Security deposit administration & compliance fee - Under Section 97 (5) of the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.

Council must cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.

The interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year. Council will accept a bank guarantee in lieu of a deposit.

82. Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993:

(a) Complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website at www.georgesriver.nsw.gov.au.

(b) In the Application Form, quote the Development Consent No. (eg. DA2018/0148) and reference this condition number (e.g. Condition 23)

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

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

The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.

The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and specifications for the new storm water drainage system to be arranged by the applicant. The design plans must be lodged and approved by Council prior to the issue of a Construction Certificate.

NOTE: A minimum of four weeks should be allowed for assessment.

83. Council as PCA - Deemed to Satisfy Provisions of BCA - Should the Council be appointed as the PCA in determining the Construction Certificate, the building must comply with all the applicable deemed to satisfy provision of the BCA. However, if an alternative fire 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.

If you need any more information, please contact the undersigned on 9330 6400 between 9.00am - 11.00am business days.

ATTACHMENTS

Attachment ⇩1	Site and Context Analysis - 5A Algernon Street Oatley
Attachment ⇩2	North and West Elevation - 5A Algernon Street Oatley
Attachment ⇩3	West and East Elevation - 5A Algernon Street Oatley
Attachment ⇩4	South and East Elevation - 5A Algernon Street Oatley
Attachment ⇩5	Shadows - March - September 21st - 5A Algernon Street Oatley
Attachment ⇩6	Shadows - June 21st - 5A Algernon Street Oatley

Georges River Council – Local Planning Panel Monday, 3 September 2018

Page 75

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Monday, 03 September 2018

LPP Report No	LPP036-18	Development Application No	DA2017/0256
Site Address & Ward Locality	74-78 Carwar Avenue Carss Park Blakehurst Ward
Proposed Development	Minor works including a new retractable awning and paving, increase in seating and trading hours to existing cafe within Carss Park (Carss Park Cafe and Grill)
Owners	Georges River Council
Applicant	Peter Szamek
Planner/Architect	Andrew Robinson Planning Services and Complete
Date Of Lodgement	23/08/2017
Submissions	Three (3) submissions
Cost of Works	$150,000.00
Local Planning Panel Criteria	Development on Council Owned Land
List of all relevant s.4.15 matters (formerly s79C(1)(a))	· Greater Metropoliton Regional Envornmental Plan No 2 – Georges River Catchment · Kogarah Local Environmental Plan 2012
List all documents submitted with this report for the Panel’s consideration	Architectural Plans
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

Proposal

1. Development consent is sought for the construction of a retractable awning over the existing outdoor terrace area, paving of a 9sqm within the outdoor terrace, increase in seating from 80 to 120 patrons and increase in approved trading hours from the approved 6.30am to 10.00pm Monday to Sunday inclusive to 6.30am to 11.00pm on Fridays and Saturdays.

Site and Locality

2. The subject site identified as Lot 376 in DP 1118749 and is known as Carss Park Cafe and Grill. The site is centrally located within Carss Bush Park in Carss Park, adjacent to the waters of Kogarah Bay. Carss Bush Park is bounded by Todd Park to the west, residential properties in Miowera Street, part Bunyala Street, part Gnarbo and Allawah Avenues Carwar Avenue and Carlton Crescent to the north, Kogarah Bay and Carss Park Flats to the east and residential properties in Church, Brockwell Place, Torrens and Beach Streets to the south.

Carss Park offers various services and recreational activities including the Carss Park Cafe, Kogarah War Memorial Olympic Swimming Pool, sports field, playground areas and various other amenities.

Zoning and Permissibility

3. The subject site is zoned RE1 – Public Recreation in accordance with the Kogarah Local Environmental Plan 2012.

Submissions

4. The proposal was notified to adjoining neighbours for a period of fourteen (14) days during which time three (3) submissions were received, one (1) in support and two (2) objections.

Conclusion

5. The proposed development generally complies with the planning controls and objectives within Kogarah Local Environmental Plan 2012 and Carss Bush Park & Todd Park Plan of Management 2004. In view of the above, the application is recommended for approval subject to conditions included in the report.

Report in Full

Proposal

6. Development consent is sought for the construction of a retractable awning over the existing outdoor terrace area, paving of a 9sqm area within the outdoor terrace, increase in seating from 80 to 120 patrons and increase in approved trading hours from the approved 6.30am to 10.00pm Monday to Sunday inclusive to 6.30am to 11.00pm on Fridays and Saturdays.

The proposed awning measures at 16.5m wide, 7m deep and 3.5m high and will be divided into four (4) sections, with each section having metal guide tracks on either side which will secure the awning when extended over the paved terrace area. The awning will comprise the following specifications as per the supplier:

Coated fabric for textile architecture.

Fabric consisting of a 100 % polyester backing coated on both sides with fire-retarded polyvinyl chloride and with a varnish made of polymethyl metacrylate and polyvinyl chloride.

Overall nominal weight per unit area: 694 g/sqm.

Nominal weight per unit area of the backing: 194 g/sqm. Colour: white.

The proposal seeks approval to accommodate the additional patrons by proposing an additional 9sqm of paved area within the existing front setback of the café, where the existing terrace is located. Historically, a tree was located within the unpaved area, which has subsequently been removed by Council. The area will be paved using pavers to match the existing aesthetics of the site.

The Site and Locality

7. The subject site identified as Lot: 376 in DP: 1118749 and is known as Carss Park Cafe and Grill. The site is centrally located within Carss Bush Park in Carss Park, adjacent to the waters of Kogarah Bay. Carss Bush Park is bounded by Todd Park to the west, residential properties in Miowera Street, part Bunyala Street, part Gnarbo and Allawah Avenues Carwar Avenue and Carlton Crescent to the north, Kogarah Bay and Carss Park Flats to the east and residential properties in Church, Brockwell Place, Torrens and Beach Streets to the south.

Carss Park offers various services and recreational activities including the Carss Park Cafe, Kogarah War Memorial Olympic Swimming Pool, sports field, playground areas and various other amenities.

Aerial Photo – Subject Site, 74-78 Carwar Avenue, Carss Park (Source: Nearmaps 2018)

Carss Park Café and Grill

Background

8. The subject DA (DA2017/0256) was lodged on 20 July 2017.

PLANNING ASSESSMENT

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

Environmental Planning Instruments

Local Environmental Plan

10. 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	RE1 Public Recreation	The proposal is defined as kiosk. Kiosks are permissible within the zone.	Yes
	Objectives of the Zone	The proposal achieves the objectives of the zone.	Yes
4.3 – Height of Buildings	No maximum applicable height as identified on Height of Buildings Map	3.5m	Yes
4.4 – Floor Space Ratio	No maximum applicable FSR as identified on Floor Space Ratio Map	NA – no additional FSR proposed	Yes
5.10 – Heritage Conservation	To conserve the environmental heritage of Kogarah, 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 (Carss Bush Park) has been identified as a heritage item of local significance under Schedule 5 Environmental Heritage in the KELP 2012 Heritage Map. In addition, the allotment contains a State Significant Heritage Item – Carss Cottage, which is located over 200m away from the Carss Park Café Site, which is illustrated in Figure 2 above. The application was referred to the Office of Environment and Heritage in which a response was received detailing this cottage is not within the curtilage of the State Item and is therefore not Integrated. The application was also reviewed by Council’s Heritage Advisor where the application has been supported given the distance from the item and that the development will not impact upon the heritage nature of the site or the cottage. The application is supported by Council’s Heritage Advisor. See additional comments below.	Yes (1)
6.1 – Acid sulfate soils	Works within 500m of adjacent class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.	The site has the following Acid Sulfate Soil constrains: - Class 2 - Class 3 - Class 5 The allotment does not propose any cut and fill works, as per the submitted Section Plan with the Development Application. As such there are no requirements to investigate the acid sulphate soils.	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

(1) Heritage

Carss Park Cafe and Grill is located within the boundaries of Carss Bush Park. Carss Bush Park is identified as an item of environmental heritage in the Kogarah Local Environmental Plan 2012 identified as Item 31. Carss Bush Park comprises of a number of buildings, one of these being Carss Cottage, which is listed on the State Heritage List.

The subject site is not located within the visual catchment of the State Heritage Listed Carss Cottage therefore; the proposal has been assessed in relation to its impact on the heritage significance of Carss Bush Park. The proposed works involve minor alterations to the Cafe structure, which contributes to the social significance of Carss Bush Park. The proposed minor additions would be limited to a small area of the cafe including the skillion shaped retractable awning to match the skillion roof of the existing building and minor paving located on the existing ground floor terrace of the cafe.

The proposed works have been assessed against the objectives of Clause 5.10 of Kogarah LEP 2012, and will have no adverse impacts on the environmental heritage of Carss Park. This included referral to Council’s Heritage Advisor, who has advised that the proposal is acceptable from a heritage point of view.

The proposed awning is an extension to an existing awning that provides shelter for the existing community centre’s deck along the north and west edges. The awning will remain within the existing building’s footprint therefore; will not appear excessively bulky when viewed from Carwar Avenue and Carlton Crescent.

The proposed works will not affect the heritage significance of Carss Bush Park, adjoining roads, public land or waterways and are therefore supported.

Referral to Office of Environment and Heritage

11. The recreational allotment in Carss Park contains a State Significant Heritage item, identified as ‘Carss Cottage’.

The application was referred to the Office of Environment and Heritage on 15 June 2018.

Council has received written correspondence in relation to the proposed application, with the Office of Environmental and Heritage deeming the proposed work is not integrated as the works are not proposed within the curtilage of the State Item.

State Environmental Planning Policies

12. Compliance with the relevant State Environmental Planning Policies is detailed below.

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, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

State Environmental Planning Policy No 55 – Remediation of Land

14. The subject site is zoned RE1 public recreation and has a history of public recreation use therefore, it is considered unlikely that the land is contaminated.

Draft Environmental Planning Instruments

15. The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. Changes proposed include consolidating the following seven existing SEPPs:

· State Environmental Planning Policy No. 19 – Bushland in Urban Areas

· State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

· State Environmental Planning Policy No. 50 – Canal Estate Development

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

· Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

· Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

The proposal is not inconsistent with the provisions of this Draft Instrument.

Development Control Plans

16. There are no controls that relate to this form of development in Kogarah Development Control Plan 2013.

Carss Bush Park & Todd Park Plan of Management 2004

17. The subject kiosk has been identified as a facility that could offer community benefit in the Carss Bush Park and Todd Park Plan of Management 2004. General performance measures have been included in the document which include limiting the hours of operation to 6.30am to 10.00pm, maximum patronage limited to 80 persons and prohibit any structural extension to the existing footprint of the kiosk. These strategies and objectives were included as a guide to assist Council with converting the original Kiosk to a licensed Restaurant/ Kiosk subsequent to the termination of the previous lease in 2001. The plan of management indicates that the strategies and objectives are as listed unless expressly permitted by development consent.

The proposed awning measures at 16.5m wide, 7m deep and 3.5m high. The proposed retractable awning does not constitute a permanent structure as it will be located outside the cafe, providing shade over the outdoor seating area therefore, it will not have any adverse impacts on the surrounding existing natural and built environment. The awning is supported subject to conditions of consent.

The proposal to increase in patron capacity and trading hours has been assessed and in this regard is supported due to the following reasons:

- The subject site is currently already operating as a cafe;

- The site is located within Carss Bush Park, which is not immediately adjacent to residential development;

- The subject site can accommodate an increase in seating for patronage without the need for further development;

- Carss Park Life Saving Hall is approved to trade until 11.00pm for private events; and

- An increase in car parking spaces is not required to accommodate the increase in patrons.

Notwithstanding the above, it is recommended that the increase in patrons from 80 persons to 120 persons and increase in trading hours from 6.00pm – 10.00pm to 6.00pm – 11.00pm on Friday and Saturday be granted for a trial period of twelve (12) months. The trial period will allow for Council to monitor the performance of the Cafe and Grill to ensure that compliance with all conditions is maintained.

IMPACTS

Natural Environment

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

Built Environment

19. The proposed development would not result in any adverse impacts upon the built environment for reasons discussed throughout the report.

Social and Economic Impact

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

Suitability of the Site

21. 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

22. The proposal was notified to adjoining neighbours for a period of fourteen (14) days during which time three (3) submissions were received, one (1) in support and two (2) objections.

NB: Two individual submissions received a further submission was received from Kogarah Bay Progress Association Inc which did not reference any particular surrounding residential properties.

The submissions raised the following issues.

Increase in patron capacity

Comment: The increase in patrons will not have an adverse effect on the surrounding natural and built environments. As noted previously in this report, the café building is located a significant distance (over 100m) from the nearest residential property, and so it is considered that the increased patron capacity would have minimal amenity or noise impacts. The premise is trading as a Cafe with existing patron activity subject to the approved capacity. The proposed patron increase will be trialled for a period of twelve (12) months, which will allow any potential impacts from the proposal to be monitored.

Extension of trading hours

Comment: The increase in trading hours is permissible subject to consent from Council. The proposed increase in trading hours is for one additional hour on Fridays and Saturdays, from the approved 10.00pm to 11.00pm. The proposal does not seek to change the use from its existing operation as a cafe and grill therefore, the proposed increase in trading hours is unlikely to have adverse effects on the surrounding natural and built environment however this is subject to a trial period of twelve months.

It is also noted that Carss Bush Park contains another building the Carss Park Life Saving Club building that is available for hire until 11pm, and is used regularly for parties and gatherings. While it is considered that the use of the subject building (as a café open every Friday/Saturday night) is slightly different to a club building used more infrequently on a hire basis, the extended hours of operation of the café until 11pm would be consistent with the use of the Life Saving Club building.

Excess noise created as a result of increased patronage and extension of trading hours

Comment: Conditions of consent regarding noise control have been included to ensure that the premise complies with noise requirements. Noise level controls have been specified in the conditions in order to limit the noise emitted from the premises between 7.00am and 11pm.

REFERRALS

Council Referrals

Heritage Advisor

23. The proposal is supported by Council’s heritage advisor subject to standard conditions. Council’s Heritage advisor requested that a schedule of materials and finishes should be submitted prior to the issue of construction certificate.

CONCLUSION

24. The proposal seeks approval for a retractable awning, new paving, and increase in seating and trading hours to the existing Carss Park Cafe & Grill.

The application was notified for a period of fourteen days and three submissions were lodged. One submission was in support of the proposal while the remaining two raised concerns regarding the proposed increase in patrons, trading hours and potential noise impacts as a result of the proposal. The proposed development generally complies with the planning controls and objectives within Kogarah Local Environmental Plan 2012 and Carss Bush Park & Todd Park Plan of Management 2004.

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 is considered to be an appropriate scale and form for the site and the character of the locality;

· The proposed development, subject to the recommended conditions, will have no unacceptable adverse impacts upon the natural or built environments;

· In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of 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 Development Application DA2017/0256 for the construction of retractable awning, new paving, increase in seating and trading hours to the existing Cars Park Cafe and Grill at 74-78 Carwar Avenue, Carss Park, subject to the following conditions of consent:

CONDITIONS

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

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

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

Description	Reference No.	Date	Revision	Prepared by
Proposed canopy - Conceptual Site Plan	Dwg No. 2	29/05/2015	Rev 3	Complete Urban
Proposed canopy - Sections	Dwg No. 3	29/05/2015	Rev 3	Complete Urban

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

2. Building Works To Comply With BCA - Heritage Buildings Or Buildings Within Conservation Area - Any building works required to ensure compliance with the BCA or new building standards not specified in the submitted/approved plan must not damage existing fabric and building features. If such upgrading works will potentially impact on existing fabric and features, details of the works must be submitted and approved by Council’s Heritage Advisor prior to issue of a Construction Certificate.

3. External Colour Scheme (Other Buildings) - The external colour scheme is to be sympathetic to the architectural style and period of the building and/or Heritage Conservation Area. A schedule of colours is to be submitted to and approved by Council’s Heritage Advisor prior to the issue of the Construction Certificate.

4. General Heritage -

(a) The proposed works are to be carried out in a manner that minimises demolition, alterations and new penetrations/fixings to the significant fabric of the existing building.

(b) The fabric and features to be retained by the proposal must be properly protected during the process of demolition and construction.

(c) All conservation and adaptation works are to be in accordance with the Articles of the Australian ICOMOS Burra Charter 1999.

(d) New services are to be surface mounted rather than chased-in to existing walls to minimise impact on heritage fabric.

(e) Appropriately qualified tradespersons (as appropriate) are to be commissioned who are skilled in traditional building and engineering trades to carry out the proposed scope of works.

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

6. Tree Removal prohibited - This consent does not approve the removal or pruning (branches or roots) of any trees on the subject property, Council’s public footway, public reserves or on neighbouring properties.

7. Fees to be paid - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).

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

A summary of the fees to be paid are listed below:

Fee Type	Fee
GENERAL FEES
Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation. See https://portal.longservice.nsw.gov.au/bci/levy/
Builders Damage Deposit	$1,900.00
Inspection fee for refund of damage deposit	$155.00
DEVELOPMENT CONTRIBUTIONS
Georges River Council Section 94A Development Contributions Plan 2017	$700.00

General Fees

Development Contributions

The Section 7.11 contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

A Section 7.12 contribution has been levied on the subject development pursuant to the Georges River Council Section 94A Contributions Plan.

Indexation

Timing of Payment

The contribution must be paid and receipted by Council prior to the release of the Construction Certificate.

Further Information

8. Erosion & Sedimentation Control - Erosion and sediment controls must be provided to ensure: