Agenda of Georges River Local Planning Panel (LPP)

Georges River Council – Local Planning Panel Friday, 5 October 2018

Page 2

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

LPP043-18 301 Kingsgrove Road Kingsgrove – DA2017/0487

(Report by Development Assessment Planner)

LPP044-18 13 Allawah Avenue Carss Park – DA2018/0124

(Report by Team Leader Development Assessment)

LPP045-18 48-50 Bellevue Parade Allawah – DA2017/0323

(Report by Development Assessment Officer)

LPP046-18 54 Woids Avenue Allawah – DA2017/0500

(Report by Development Assessment Officer)

LPP047-18 470 Railway Parade Allawah – DA2018/0132

(Report by Development Assessment Officer)

LPP048-18 Operation of the Georges River Local Planning Panel

(Report by Manager Development and Building)

4. Confirmation of Minutes by Chair

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Friday, 05 October 2018

LPP Report No	LPP043-18	Development Application No	DA2017/0487
Site Address & Ward Locality	301 Kingsgrove Road Kingsgrove Hurstville Ward
Proposed Development	Demolition of existing structures and construction of a new 47 place child care centre with basement car parking
Owners	Mr Youssef Salloum and Ms Nancy Tamir
Applicant	Futuristic Design Pty Ltd
Planner/Architect	J Salloum
Date Of Lodgement	18/10/2017
Submissions	Forty eight (48) submissions
Cost of Works	$737,000.00
Local Planning Panel Criteria	Number of submissions received
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 No 55 - Remediation of Land · State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 · Hurstville Local Environmental Plan 2012 · Hurstville Development Control Plan 2012
List all documents submitted with this report for the Panel’s consideration	1. Architectural Plans 2. Acoustic Report 3. Traffic Report 4. Landscape Plan
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

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

Figure 1: Proposed Site Plan - 301 Kingsgrove Road, Kingsgrove

Executive Summary

Proposal

1. Council is in receipt of a Development Application (DA2017/0487) seeking consent for the demolition of all structures, and the construction a two (2) storey child care centre with basement car parking. The centre is proposed to accommodate forty seven (47) children aged zero to five (0 to 5) years of age.

Site and Locality

2. The subject site is a corner allotment located on the western side of Kingsgrove Road and the southern side of Vivienne Street between Moreton Avenue to the north and Morris Avenue to the south. The allotment is generally rectangular in shape, with a 21.184m eastern frontage to Kingsgrove Road, a 40.386m secondary northern boundary to Vivienne Street including a splay, a 42.662m southern side boundary, a 23.470m rear western boundary and a site area of 998.89sqm.

Zoning and Permissibility

3. The subject land is zoned R2 - Low Density Residential under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposed development is defined by the (HLEP 2012) as a ‘Centre-based child care facilities’ which is a permitted land use in the R2 Zone.

Figure 2: Extract of Zoning Map, site outlined in blue, east of Kingsgrove Road is Bayside Council.

Submissions

4. The proposed development was notified to the immediate surrounding residents on two (2) separate occasions due to amendments. During the notification period(s), a total of forty eight (48) submissions were received by Council, objecting to the proposed development.

Conclusion

5. The proposed development generally complies with the planning controls and objectives of the Hurstville Local Environmental Plan 2012. The proposed development is seeking variations to the permitted number of children and the permitted number of storeys under the provisions of the Hurstville Development Control (HDCP).

In view of the above, the application is recommended for approval following a merit based assessment and the conditions contained in this report.

Report in Full

Proposal in Full

6. Council is in receipt of an application for the demolition of all structures, the construction of a two (2) storey forty seven (47) place child care centre including a basement car park, associated landscape works including play areas and fencing at 301 Kingsgrove Road, Kingsgrove.

The application is seeking the following:

· 7 children aged 0-2;

· 20 children aged 2-3; and

· 30 children aged 3-5.

7. Fourteen (14) car parking spaces are proposed as part of the development including one (1) accessible car parking space and a dedicated turning bay area.

· 6 staff places;

· 7 parent spaces; and

· 1 accessible space.

The Site and Locality

8. The subject site is a corner allotment located on the western side of Kingsgrove Road and the southern side of Vivienne Street between Moreton Avenue to the north and Morris Avenue to the south. The allotment is generally rectangular in shape, with a 21.184m eastern frontage to Kingsgrove Road, a 40.386m secondary northern boundary to Vivienne Street including a splay, a 42.662m southern side boundary, a 23.470m rear western boundary and a site area of 998.89sqm.

The allotment has a slight slope with a fall of 0.59m from the rear western boundary to the front eastern boundary. The immediate surrounding area accommodates single and two storey residential dwellings, with Kingsgrove Public and Kingsgrove High School are located approximately 300m to the south and Kingsgrove Uniting Church to the north of the site. Approximately 550m to the north of the site is Kingsgrove Railway Station and Kingsgrove Town Centre. There are a number of bus stops along Kingsgrove Road servicing passengers in a north and south direction.

Figure 3: Distance from subject allotment to schools and Kingsgrove Local Centre

Background

9. The subject DA (DA2017/0487) was lodged on 17 October 2017.

PLANNING ASSESSMENT

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

Environmental Planning Instruments

State Environmental Planning Policies

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

11. State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 (Education and Child Care SEPP) commenced on 1 September 2017 and aims to facilitate the effective delivery of educational establishments and early education and care facilities across the State.

Clause 22 of the Education and Child Care SEPP indicates that the consent authority cannot grant consent to a development for the purpose of a centre-based child care facility except with the concurrence of the Regulatory Authority. However; concurrence of the Regulatory Authority is only required if the floor area of the building and the proposed outdoor spaces do not satisfy Parts 107 and 108 of the Education and Care Services National Regulations.

Part 107(2) of the Regulations states that, for each child being educated and cared for by the service, the education and care service premises is to have at least 3.25sqm per child of unencumbered indoor space equating to 152.75sqm for the proposed forty seven (47) children.

The proposed unencumbered indoor space is 170.15sqmequating to 3.62sqm per child, which exceeds the minimum requirement.

Part 108(2) of the Regulations states that, for each child being educated and cared for by the service, the education and care service premises has at least 7.0sqm of unencumbered outdoor space equating to 329sqm for the proposed forty seven (47) children.

The outdoor space proposed is to be 501.2sqm equating to 10.67sqm per child, which exceeds the minimum requirement.

Child Care Planning Guideline Compliance Table
Controls	Requirement	Proposed	Complies
3.1 Site selection and location	C1- For proposed developments in or adjacent to a residential zone consider:
	§ the acoustic and privacy impacts of the proposed development on the residential properties	An acoustic report prepared by Acoustic Noise and Vibration Solutions has been submitted with the DA. Mitigation measures are proposed as detailed in the report which is an attachment to this report and will ensure acoustic amenity of neighbours is not compromised. These measures include window and door treatments, materials within the play area not be of metal, sound barrier fencing, limiting where music can be played, signage relating to arrival and departure noise, noise levels of staff, and a noise management plan be developed. The acoustic report was also reviewed by Council’s Environmental Health Team, who deemed the application satisfactory, subject to conditions.	Yes
	§ the setbacks and siting of buildings within the residential context	The proposed setbacks for the proposed development are compliant with Council’s Development Control Plan (DCP) – Section 5.3 – Part 2. A front setback of approximately 9.534m to Kingsgrove Road is proposed. A secondary street setback of approximately 3.423m to Vivienne Street is proposed. A side setback of approximately 0.9m to the south of the allotment is proposed. A rear setback of approximately 10.207m to the west of the allotment is proposed. The proposed building footprint is appropriately set back from the adjoining neighbouring properties. Architectural plans have been amended throughout the Development Application process to accommodate for additional setbacks to address neighbouring concerns.	Yes
	§ traffic and parking impacts of the proposal on residential amenity	A traffic and parking assessment has been prepared by Greys Australia Consultants which indicates the local road network has capacity to accommodate the vehicular movements anticipated by the proposal. The proposed off-street parking provisions satisfy the numerical requirements of Council’s Development Control Plan (DCP) – Section 5.3 – Child Cares. Which states: - Staff Parking: 1 Space per 2 Staff Members; Five (5) required, applicant provided eight (8); - Parent Parking: 1 Space per 10 Children; Three (3) required, applicant has provided six (6); Total spaces required: eight (8); Total spaces provided: Fourteen (14); The traffic and parking report was reviewed by Council’s Traffic Engineer, who supports the findings subject to the imposition of conditions.	Yes
	C2 - When selecting a site, ensure that: § the location and surrounding uses are compatible with the proposed development or use	Centre based childcare facilities are permissible in the zone. The application has respected the setbacks of the DCP and provides a building form not inconsistent with that of dwelling houses in the locality. The application is consider compatible with a low density residential locality.	Yes
	§ the site is environmentally safe including risks such as flooding, land slip, bushfires, coastal hazards	The site is not identified in a flood planning area within the Hurstville LEP 2012.	Yes
	§ there are no potential environmental contaminants on the land, in the building or the general proximity, and whether hazardous materials remediation is needed	The site has a long history of residential use and it is not anticipated that there are any contaminants on the land. There is no reason to suspect that the site is contaminated, or otherwise unsuitable for the proposed development.	Yes
	§ the characteristics of the site are suitable for the scale and type of development proposed having regard to: - size of street frontage, lot configuration, dimensions and overall size - number of shared boundaries with residential properties. - the development will not have adverse environmental impacts on the surrounding area, particularly in sensitive environmental or cultural areas.	The characteristics of the site are able to accommodate a centre based child care facility as the site is regular in shape with adequate land area. The development will have minimal environmental impacts and storm water will be appropriately managed.	Yes
	§ there are suitable drop off and pick up areas, and off and on street parking	The proposal provides adequate on-site parking and makes provision for on-site pick up and drop off areas via Vivienne Street within the basement car park. A turning bay in the carpark has been accommodated to ensure all vehicles can manoeuvre within this space to leave the site in a forward direction.	Yes
	§ the type of adjoining road (for example classified, arterial, local road, cul-de-sac) is appropriate and safe for the proposed use	The proposed child care centre adjoins Kingsgrove Road which is a Local Road. The access to the car parking is via Vivienne Street where the driveway is the furthest away from the intersection of Kingsgrove Road. The pedestrian entry is via Vivienne Street. Adequate site lines are available to ensure pedestrian and vehicle safety are not compromised.	Yes
	§ it is not located closely to incompatible social activities and uses such as restricted premises, injecting rooms, drug clinics and the like, premises licensed for alcohol or gambling such as hotels, clubs, cellar door premises and sex services premises.	The site is adjoining and surrounded by residential dwellings.	Yes
	C3 - A child care facility should be located:
	§ near compatible social uses such as schools and other educational establishments, parks and other public open space, community facilities, places of public worship	The site is located approximately 300m from Kingsgrove High School and Kingsgrove Primary School. The Schools are located directly south of the proposed development site.	Yes
	§ near or within employment areas, town centres, business centres, shops	The site is located approximately 450m to the south of employment and business centres particularly Kingsgrove Town Centre.	Yes
	§ with access to public transport including rail, buses, ferries	Kingsgrove Railway Station is located approximately 550m to the north of the site. Various bus stops are located along Kingsgrove Road.	Yes
	§ in areas with pedestrian connectivity to the local community, businesses, shops, services and the like.	The subject site has pedestrian connectivity to public transport, shops, services and facilities by way of a concrete footway along Kingsgrove Road and Vivienne Street.	Yes
	C4- A child care facility should be located to avoid risks to children, staff or visitors and adverse environmental conditions arising from proximity to:
	§ heavy or hazardous industry, waste transfer depots or landfill sites § LPG tanks or service stations § water cooling and water warming systems § odour (and other air pollutant) generating uses and sources or sites § which, due to prevailing land use zoning, may in future accommodate noise or odour generating uses § extractive industries, intensive agriculture, agricultural spraying activities	The site is not located in close proximity to any of the potentially harmful or hazardous uses described in this part of the Guideline.	Yes
	§ any other identified environmental hazard or risk relevant to the site and/ or existing buildings within the site.	No other known environmental hazards have been identified.	Yes
3.2 Local character, streetscape and the public domain interface	C5 - The proposed development should:
	§ contribute to the local area by being designed in character with the locality and existing streetscape	The proposed built form will be in keeping with the existing building, character and locality in terms of height, bulk and scale.	Yes
	§ reflect the predominant form of surrounding land uses, particularly in low density residential areas	The site is zoned R2 low density residential. The development has proposed height, bulk and scale that is consistent the other modern and contemporary designed in the locality.	Yes
	§ recognise predominant streetscape qualities, such as building form, scale, materials and colours	The proposal seeks to demolish the existing structures on site and construction of a two storey centre based child care facility. The proposed development will be in keeping with the predominant streetscape qualities related to building form, scale, materials and colours.	Yes
	§ include design and architectural treatments that respond to and integrate with the existing streetscape	The proposed building has a height bulk and scale that is not inconsistent with the bulk and scale of the surrounding modern development, albeit additional forms relating to a publically accessible building which requires access for all and business identification signage (insufficient signage details have been provided with this application, no an assessment cannot be undertaken).	Yes
	§ use landscaping to positively contribute to the streetscape and neighbouring amenity	The application has been accompanied by a landscape plan prepared by ‘Futuristic Design’. This plan identifies the species selection and planting arrangement both of which are appropriate with respect to the presentation to the public domain, adjoining neighbours and the use of the building. The plan was reviewed by Council’s Landscape and Tree Management Officer, the proposal is adequate subject to the imposition of conditions.	Yes
	§ integrate car parking into the building and site landscaping design in residential areas.	The car parking is proposed in a basement.	Yes
	C6 - Create a threshold with a clear transition between public and private realms, including:
	§ fencing to ensure safety for children entering and leaving the facility	Appropriate fencing is proposed for the site to ensure safety and security measures for children preventing them leaving the facility without assistance.	Yes
	§ windows facing from the facility towards the public domain to provide passive surveillance to the street as a safety measure and connection between the facility and the community	The windows in the proposed building will provide adequate solar access and visibility. They are also located towards the public domain facilitating active and passive surveillance to and from the public domain.	Yes
	§ integrating existing and proposed landscaping with fencing.	The proposed landscaping appropriately integrates fencing and vegetation components.	Yes
	C7- On sites with multiple buildings and/or entries, pedestrian entries and spaces associated with the child care facility should be differentiated to improve legibility for visitors and children by changes in materials, plant species and colours.	The proposed centre based childcare centre is the only building on the site and has clearly identifiable pedestrian and vehicle access points.	Yes
	C9- Front fences and walls within the front setback should be constructed of visually permeable materials and treatments. Where the site is listed as a heritage item, adjacent to a heritage item or within a conservation area front fencing should be designed in accordance with local heritage provisions.	The application proposes a 1.8m high front fence to Kingsgrove Road and Vivienne Street; the front fence is proposed to mitigate noise as per the recommendations from the acoustic report which is supported by Council’s Health Officer.	Yes
	C10- High solid acoustic fencing may be used when shielding the facility from noise on classified roads. The walls should be setback from the property boundary with screen landscaping of a similar height between the wall and the boundary.	Not located on a classified road, however a 1.8m acoustic fence is proposed around the allotment, to address neighbouring concerns and the recommendations of the acoustic report. Amended plans have been provided to ensure compliance with the submitted acoustic report and recommendations.	Yes
3.3 Building orientation, envelope and design	C11- Orient a development on a site and design the building layout to:
	ensure visual privacy and minimise potential noise and overlooking impacts on neighbours by: § facing doors and windows away from private open space, living rooms and bedrooms in adjoining residential properties § placing play equipment away from common boundaries with residential properties § locating outdoor play areas away from residential dwellings and other sensitive uses	The development is oriented to Vivienne Street as this is where the pedestrian and vehicular entry is located. Openings overlook Vivienne Street and Kingsgrove Road. There are also openings in the southern and western elevations. The openings within the southern elevation have a setback exceeding 3m. Play areas are located to the eastern and western side of the development, with covered verandas to the southern side. The location of the eastern play area aligns with the rear of the southern allotment and the eastern side of the western neighbour predominantly within their rear yards not adversely compromising the amenity of these neighbours.	Yes
	§ optimise solar access to internal and external play areas	The development will achieve maximum solar access through its orientation along the northern boundary. Dual street frontages will ensure the child care facility is adequately separated from adjacent uses in order to receive direct sunlight to the children’s play areas. Operable glass walls are proposed for the indoor play spaces, which will ensure privacy as well as appropriate solar access to these spaces. In addition the first floor built form is 4.241m from the southern neighbour in order to ameliorate shadow impacts.	Yes
	§ avoid overshadowing of adjoining residential properties	The proposal will create a minimal impact of overshadowing on nearby residential properties.	Yes
	§ minimise cut and fill	The proposed application seeks a basement car parking area, requiring an excavation of 2.7m, to accommodate for on-site parking. Amended plans have been sought by Council to provide a turning bay area for users to safety enter and exit the site.	Yes
	§ ensure buildings along the street frontage define the street by facing it	The proposal adequately responds to both Kingsgrove Road and Vivienne Street.	Yes
	§ ensure that where a child care facility is located above ground level, outdoor play areas are protected from wind and other climatic conditions.	The proposed facility is located above ground level. The siting of the facility and proposed outdoor play areas will not be affected by climatic changes.	Yes
	C12- The following matters may be considered to minimise the impacts of the proposal on local character:
	§ building height should be consistent with other buildings in the locality	The proposed two storey building complies with the 9m height standard applicable to the site.	Yes
	§ building height should respond to the scale and character of the street	The proposed building height and form is suitable in scale and responds to the existing dwelling character of the locality.	Yes
	§ setbacks should allow for adequate privacy for neighbours and children at the proposed child care facility	The proposed development will not adversely impact privacy of adjoining residential allotments.	Yes
	§ setbacks should provide adequate access for building maintenance	The proposed building provides adequate setbacks for building maintenance.	Yes
	§ setbacks to the street should be consistent with the existing character.	The setbacks to Kingsgrove Road and Vivienne Street are consistent with the existing character and the Hurstville Development Control Plan.	Yes
	C13- Where there are no prevailing setback controls minimum setback to a classified road should be 10m. On other road frontages where there are existing buildings within 50m, the setback should be the average of the two closest buildings. Where there are no buildings within 50m, the same setback is required for the predominant adjoining land use.	The proposal provides setbacks consistent with the prevailing setbacks of the street, and compliant with the Hurstville Development Control Plan.	Yes
	C14- On land in a residential zone, side and rear boundary setbacks should observe the prevailing setbacks required for a dwelling house.	The proposal is compliant with Council’s Controls for setbacks.	Yes
	C15- The built form of the development should contribute to the character of the local area, including how it:
	§ respects and responds to its physical context such as adjacent built form, neighbourhood character, streetscape quality and heritage	The scale and form of the proposed development is considered to respond to its physical context in terms of massing arrangement and scale. The building is a two storey structure and is well within the height and floor space development standards. The proposed centre will not be visibly bulky or intrusive when viewed from surrounding dwellings and Kingsgrove Road and Vivienne Street.	Yes
	§ contributes to the identity of the place	The identity of the area is characterised by single detached dwellings of either a single or two storey forms. The proposed facility is permissible and compatible with the objectives of the Zone and does not detract from the identity of the locality.	Yes
	§ retains and reinforces existing built form and vegetation where significant	The proposed child care provides for native vegetation as per the submitted Landscape Plan and provides a built form that is in keeping with the surrounding area. In addition, the application was referred to Council’s internal Landscape Officer, who has deemed the landscaping as satisfactory, subject to conditions.	Yes
	§ considers heritage within the local neighbourhood including identified heritage items and conservation areas	There are no heritage items affected by this proposal.	Yes
	§ responds to its natural environment including local landscape setting and climate	The development is considered to be responsive to its environment in that it is appropriately orientated and designed to optimise sunlight penetration and protection of residential amenity.	Yes
	C16- Entry to the facility should be limited to one secure point which is:
	§ located to allow ease of access, particularly for pedestrians § directly accessible from the street where possible § directly visible from the street frontage § easily monitored through natural or camera surveillance § not accessed through an outdoor play area. § in a mixed-use development, clearly defined and separate from entrances to other uses in the building.	The main entry to the centre based child care facility is from the Vivienne Street frontage and via the basement carpark which has lift access to the ground floor. The entrance allows ease of access for pedestrians, is visible from the public domain with no impact on Kingsgrove Road.	Yes
	C17- Accessible design can be achieved by:
	§ providing accessibility to and within the building in accordance with all relevant legislation § linking all key areas of the site by level or ramped pathways that are accessible to prams and wheelchairs, including between all car parking areas and the main building entry § providing a continuous path of travel to and within the building, including access between the street entry and car parking and main building entrance. Platform lifts should be avoided where possible § minimising ramping by ensuring building entries and ground floors are well located relative to the level of the footpath. NOTE: The National Construction Code, the Discrimination Disability Act 1992 and the Disability (Access to Premises – Buildings) Standards 2010 set out the requirements for access to buildings for people with disabilities.	The proposal will satisfy accessibility criterion. It is further noted that the development, has one (1) accessible parking space, an accessible bathroom and lift access to all floors of the development is provided. Within the internal layout of the proposed basement is a pedestrian walkway, to access the lifts which lead to the ground and first floor of the proposed development.	Yes
3.4 Landscaping	C18- Appropriate planting should be provided along the boundary integrated with fencing. Screen planting should not be included in calculations of unencumbered outdoor space. Use the existing landscape where feasible to provide a high quality landscaped area by:
	§ reflecting and reinforcing the local context § incorporating natural features of the site, such as trees, rocky outcrops and vegetation communities into landscaping.	The proposal includes appropriate planting to be provided on site which is not inconsistent with the residential dwellings.	Yes
	C21- Minimise direct overlooking of indoor rooms and outdoor play spaces from public areas through:
	§ appropriate site and building layout § suitably locating pathways, windows and doors § permanent screening and landscape design	The proposed outdoor play area has been located towards the eastern and western portions of the site, which are away from adjacent dwellings and streets. The proposed indoor play areas are located away from Kingsgrove Road and Vivienne Street. Appropriate screening and privacy measures are implemented for play areas that are adjacent to Kingsgrove Road and Vivienne Street.	Yes
	C22 Minimise direct overlooking of main internal living areas and private open spaces in adjoining developments through: § appropriate site and building layout § suitable location of pathways, windows and doors § landscape design and screening.	The proposed facility will not result in overlooking of main internal living areas and private open spaces of adjoining allotments.	Yes
	C23- A new development, or development that includes alterations to more than 50 per cent of the existing floor area, and is located adjacent to residential accommodation should:
	§ Provide an acoustic fence along any boundary where the adjoining property contains a residential use. (An acoustic fence is one that is a solid, gap free fence).	The development is appropriately separated from adjacent residential uses by a 1.8m acoustic fence that was recommended as part of the acoustic report and endorsed by Council’s Health Officer and will be reinforced by a condition of consent.	Yes
	C24- A suitably qualified acoustic professional should prepare an acoustic report which will cover the following matters:	An acoustic report prepared by Grey Australia has been submitted with the DA. Mitigation measures are proposed as detailed in the report and will ensure acoustic amenity of neighbours is not compromised.	Yes
	§ identify an appropriate noise level for a child care facility located in residential and other zones § determine an appropriate background noise level for outdoor play areas during times they are proposed to be in use § determine the appropriate height of any acoustic fence to enable the noise criteria to be met.	This was undertaken as part of the acoustic assessment. In addition, the application was referred to Council’s Internal Health Officer, who has deemed the application satisfactory, subject to the imposition of conditions.	Yes
3.6 Noise and air pollution	C25 Adopt design solutions to minimise the impacts of noise, such as: § creating physical separation between buildings and the noise source § orienting the facility perpendicular to the noise source and where possible buffered by other uses § using landscaping to reduce the perception of noise § limiting the number and size of openings facing noise sources § using double or acoustic glazing, acoustic louvres or enclosed balconies (winter gardens) § using materials with mass and/or sound insulation or absorption properties, such as solid balcony balustrades, external screens and soffits § locating cot rooms, sleeping areas and play areas away from external noise sources.	The submitted acoustic report considers the impact of road noise along with impacts of the proposal on neighbouring properties. Mitigation measures are recommended and have been incorporated into the design of the proposal through the imposition of conditions of consent.	Yes
	C26- An acoustic report should identify appropriate noise levels for sleeping areas and other non-play areas and examine impacts and noise attenuation measures where a child care facility is proposed in any of the following locations:	The acoustic report considers the impact of road noise along with impacts of the proposal on neighbouring properties. Mitigation measures are recommended and have been incorporated into the design of the proposal. Consent conditions will be imposed that reflect the recommendations outlined in this report.	Yes
	C27- Locate child care facilities on sites which avoid or minimise the potential impact of external sources of air pollution such as major roads and industrial development.	The proposed child care facility is located within an established residential low density zone where the proposed use is permissible. The proposed outdoor play area will be located away from Kingsgrove Road in order to avoid the potential impact of external sources of air pollution from the major road. In addition, an internal play area is provided to Kingsgrove Road part of the development. It is also noted acoustic fencing is proposed to the site.	Yes
	C28- A suitably qualified air quality professional should prepare an air quality assessment report to demonstrate that proposed child care facilities close to major roads or industrial developments can meet air quality standards in accordance with relevant legislation and guidelines. The air quality assessment report should evaluate design considerations to minimise air pollution.	This was not considered necessary for this application.	Yes
3.7 Hours of operation	C29- Hours of operation within areas where the predominant land use is residential should be confined to the core hours of 7.00am to 7.00pm weekdays. The hours of operation of the proposed child care facility may be extended if it adjoins or is adjacent to non-residential land uses.	The childcare centre will open from 7am-6pm Monday to Friday, as such; it is confined to the core hours referenced.	Yes
3.8 Traffic, parking and pedestrian circulation	C31 Off street car parking should be provided at the rates for child care facilities specified in a Development Control Plan that applies to the land.	The parking proposed meets the rates prescribed by the Hurstville DCP.	Yes
	C33- A Traffic and Parking Study should be prepared to support the proposal to quantify potential impacts on the surrounding land uses and demonstrate how impacts on amenity will be minimised. § the amenity of the surrounding area will not be affected § there will be no impacts on the safe operation of the surrounding road network	A Traffic and Parking Impact Assessment has been prepared by Greys Australia Consultants and is submitted with the DA. This report concludes that: • An additional trip generation of 38 vph is projected by the proposed development in the opening year (approximately one trip every two minutes) during the AM and PM peak hours. This number is considered non-consequential in terms of negatively impacting the surrounding road network. • No SIDRA intersection assessment was required as considered by Greys traffic engineer in his initial assessment of the development and due to trivial number of projected trip generation from the subject development which does not warrant SIDRA modelling at this stage. •Parking layout assessment was undertaken in accordance with Australian Standard 2890.1 the drop- off/pick-up zone and staff parking for the Child Care Centre. • The investigation of the public transport options revealed a reasonable level of train accessibility to the site. Given these factors, and the results of the high level intersection and mid-block analysis, it is clear that this development is sustainable in transport terms, with acceptable impacts on the local transport network; • Appropriate drop-off/pick up spaces have been proposed next to the premises on Vivienne Street with convenient access to the centre for parents. The application is considered acceptable with respect to traffic movements.	Yes
	C36- The following design solutions may be incorporated into a development to help provide a safe pedestrian environment: § separate pedestrian access from the car park to the facility	The principle access to the development is via Vivienne Street.	Yes
	§ pedestrian paths that enable two prams to pass each other	Pedestrian paths will have suitable space to enable two prams to pass each other.	Yes
	§ delivery and loading areas located away from the main pedestrian access to the building and in clearly designated, separate facilities	Delivery and loading areas will be undertaken outside main drop-off/pick up times, which are located separate to pedestrian access and onsite vehicle parking. A consent condition will be imposed requiring that all deliveries be undertaken outside of the peak times for the facility which would be between 7am-9am each weekday morning and between 3pm-5pm each weekday afternoon.	Yes
	§ vehicles can enter and leave the site in a forward direction.	Vehicles are able to enter and leave the site in a forward direction, via the turning bay in the basement car park.	Yes
	C38 Car parking design should:
	§ include a child safe fence to separate car parking areas from the building entrance and play areas § provide clearly marked accessible parking as close as possible to the primary entrance to the building in accordance with appropriate Australian Standards	The proposed building entrance and play areas are adequately separated from the access to the basement car park. One accessible parking space is provided and will be reinforced by a condition of consent that it be clearly marked.	Yes

Deemed State Environmental Planning Policy – Georges River Catchment

12. The subject land is located within the Georges River Catchments and as such The Greater Metropolitan Regional Environmental Plan No 2 - Georges River applies to the application.

The Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment generally aims to maintain and improve the water quality and river flows of the Georges River and its tributaries.

State Environmental Planning Policy No 55 - Remediation of land

13. Pursuant to Clause 7 of SEPP 55, the following shall be addressed:

* The site has a long history of being used as a residential premise.

With consideration to the above mentioned points there is no sufficient evidence to suggest that the land is contaminated, therefore a formal land contamination assessment was not considered to be necessary.

State Environmental Planning Policy No 64 - Advertising and Signage

14. The site proposes minimal details associated with signage on the submitted elevation plan and front fence plan - there is insufficient information and detail to undertake a full and proper assessment. In this regard separate approval will need to be obtained prior to any signage being erected.

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.

Local Environmental Plan

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

Applicable LEP Clause	Standards	Proposal	Complies
4.3 Height of Buildings	9m as identified on Height of Buildings Map	7.8m	Yes
4.4 Floor Space Ratio	0.60:1 as identified on Floor Space Ratio Map	0.51:1 The requirement for parking is eight (8) car parking spaces. The applicant has proposed fifteen (15) allowing for future growth and intensified traffic patterns. Based on merit, the total of fifteen (15) car parking spaces have not been included in the Floor Space Ratio calculation – only the proposed floor area.	Yes
6.1 Acid Sulfate Soils	The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.	The site is not located within an acid sulfate area.	Yes

Development Control Plans

Hurstville Development Control Plan No 1 - LGA Wide

17. The proposed development is subject to the provisions of the Hurstville Development Control Plan (HDCP, 2016). As outlined in the SEPP assessment table the proposal is generally consistent with the DCP provisions applicable to this form of development. However, the proposed application seeks a variation to two (2) controls within the DCP, these variations are addressed below.

Section 5.3 – PC5 (Size of Centres and Child Age Groups) – DS5.1 states that;

The maximum number of children to be accommodated in a child care centre within Residential zones are as follows:

- R2 Low Density Residential: 40 children.

Design Solution (DS) 6.1 of the Hurstville DCP No. 1

Council will consider a variation to the controls under this Clause for Child Care Centres in the R2 zone where the site is located adjacent to a retail/commercial area or other non-residential zoning.

The concerns raised in the submissions essentially relate to the number of child care places proposed and it exceeding the control which permits 40 children.

Section 4.15(3A)(b) of the Environmental Planning and Assessment Act 1979 specifies that the consent authority "is to be flexible in applying" the provisions of a DCP, and "allow reasonable alternate solutions that achieve the objects of those standards for dealing with that aspect of the development".

The objectives of the Design Solution relating to the number of children within a child care centre are to ensure the size of a centre and child age groups "are of a manageable size of overall number of children and minimise adverse impacts on the amenity of the surrounding residential areas", and "ensure that the number of spaces for under 2 year olds reflects the demographics of the local government area".

The potential impacts of the proposed child care centre primarily relate to traffic, parking and vehicle safety, acoustic impacts, and impacts associated with the proposed built form. The proposed development is accompanied by specialist reports in relation to traffic, parking, vehicle safety and acoustic impacts. The proposed development comfortably complies with the applicable building height control, and the external impacts of the building form and reasonable and appropriate.

Finally, the proposed child care centre includes places for seven (7) children in the 0 - 2 age bracket, representing an appropriate response to the demographics of the LGA which consists of families with children.

Not withstand the above, the application is compliant with the provisions of State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 with respect to the assessment criterion.

In the circumstances, the proposed child care centre achieves the objectives of the controls relating to the maximum number of children within a centre, and the variation to the total number of children is recommended to be supported as the proposal whilst not numerically compliant meets the objectives of the control.

Section 5.3 – PC6 (Building Form and Appearance) – DS6.1 states that;

For residential zones, the maximum height is:

- R2 Low Density Residential: One (1) storey. A variation to this control will only be considered where the centre is located adjacent to commercial or other non-residential zonings and where the proposal complies with the building form objectives.

Clause 4.3 of the Hurstville Local Environmental Plan (LEP) 2012 specifies a maximum building height of 9 metres. The building height control relates to all forms of permissible development on the land, including child care centres. The proposed building extends to a maximum height of approximately 7.8 metres measured to the top of the architectural roof feature.

The proposed development has been designed so as to not exceed the height controls of the HLEP. The proposal has respected the residential dwellings adjoining through the use of setbacks the location of the outdoor play areas and the openings within the southern and western elevations being located and treated in a manner that preserves the amenity of the neighbouring allotments.

The proposed second storey creates an adequate play area (both indoor and outdoor) for the site, to accommodate for additional private open space and the additional storey reduces the bulk and scale of the development, with setbacks being fully compliant with the SEPP.

In that regard, Section 3.43 of the Environmental Planning and Assessment Act 1979 specifies that a provision of a DCP "has no force or effect" to the extent that it is inconsistent or incompatible with a provision of an environmental planning instrument (in this instance the Hurstville LEP 2012).

The single storey control for child care centres contained in the DCP is inconsistent with the 9m building height control in the LEP, as a result the height proposed is considered to be acceptable and the variation to the HDCP is recommended to be supported.

IMPACTS

Natural Environment

18. The proposal is supported by Council’s Tree Management Officer, subject to compliance with the submitted plant schedule and replanting of an additional three (3) trees along Vivienne Street.

Built Environment

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

Social and Economic Impact

20. The proposed development will not result in any adverse social and/or economic impacts within the locality subject to compliance the conditions of consent.

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 on two (2) separate occasions for a period of fourteen (14) days during which time forty eight (48) submissions were received. The submissions raised the following issues.

Increase in Traffic due to drop off and pick up of children

It is acknowledged that additional vehicle movement will result from this development. The application exceeds the minimum parking for staff and clients of the childcare centre.

The application was accompanied by Traffic and Parking Assessment prepared by Grey Australia Consultants, which concludes that the potential increase in the number of vehicle movements in and about Kingsgrove Road and Vivienne Street will remain well within the Environmental capacity of these streets, with no adverse impacts on the amenity of the area. This report was reviewed by Council’s Traffic Engineer, who supports the contents of the report.

The DA has also been accompanied by a Motor Vehicle and Pedestrian Risk Assessment. The Assessment is prepared by specialist consultants with specific expertise in traffic and pedestrian safety related matters.

The Assessment notes that the access driveway, internal circulation and driveways are compliant with Table 2-2 of AS 2890.1-2004. Pedestrian access to the facility from the basement is provided via lift as well as stairs. Further, clear lines of sight are provided to pedestrians to ensure visibility between vehicles leaving the car park and pedestrians on Vivienne Street.

The Risk Assessment concludes that "the proposed parking facilities satisfy the relevant requirements specified in Australian Standards and it is therefore concluded the proposed development will not have any unacceptable risks to pedestrians and motor vehicles accessing the premises".

Adequacy of Parking Provision

23. Off-street car parking requirements are derived by the provisions of the Hurstville Development Control Plan (DCP) No.1.

The Assessment notes that the proposed development generates an off-street car parking requirement of eight (8) spaces, comprising five (5) spaces to service the drop-off of children, and three (3) spaces to service staff.

The proposed development makes provision for 14 off-street car parking spaces, comprising eight (8) spaces to the drop-off of children, and six (6) spaces to service staff. Accordingly, the proposed development provides six (6) spaces more than the DCP requirements.

The Traffic and Parking Assessment concludes that "the proposed development will not have any unacceptable parking implications on the surrounding amenities".

In the circumstances, the concerns raised in relation to the adequacy of the off-street car parking provision do not form adequate or appropriate grounds to refuse consent to the DA.

Location of Mechanical Exhaust

24. The concerns raised in relation to ventilation of the car park relate broadly to the concerns raised in relation to the inclusion of a basement level more generally. In that regard, the inclusion of a mechanically ventilated basement structure is not unusual in any urban context, and the ventilation of the car park (towards Vivienne Street) is considered entirely appropriate having regard to the absence of any immediate residential neighbours in that direction given the interface with a roadway.

Loss of Views

25. A site inspection revealed it is very difficult to identify how any substantial views will be lost as a consequence of the proposed development.

It is acknowledged that there will be built form in a location where there has not been given the existing structure on site is a single storey dwelling. However it is acknowledged that a two (2) storey residential development form could be accommodated on this site in an envelope not inconsistent with the development form sought.

In any event, the proposed development remains comfortably below the building height control that applies to the site, circumstances in which any view loss would not constitute adequate or reasonable grounds for refusal of the DA.

Overshadowing

26. The adjoining property to the south accommodates a dwelling house on an allotment with an east-west orientation, with a series of window openings on the northern façade. Further, a series of solar panels occupy the north facing roof plane, and a carport and relatively large shed occupy the north-western portion of the property.

The DA is accompanied by shadow diagrams which depict the impacts of the proposed development in both plan and elevational form. The diagrams demonstrate there will be some additional overshadowing of the adjoining property during the mid-winter period, with the shadows substantially contained within the boundaries of the site during the equinox.

The elevational shadow diagrams demonstrate that a majority of the north facing windows will continue to receive solar access between 9am and midday during the mid-winter period. Further, the shadow will not affect the existing solar panels at any time during the year.

Part 4 of the Hurstville DCP provides objectives and controls for solar access for residential development, and the controls form an appropriate basis upon which to determine the reasonableness of the overshadowing impacts of the proposed development.

In that regard, Design Solution (DS) 6.1 specifies that development should allow "for at least 3 hours of sunlight on the widows of main living areas and adjoining principal private open space of adjacent dwellings between 9.00am and 3.00pm on 22 June".

The adjoining dwelling to the south will continue to receive solar access to the north facing windows between 9am and midday. Accordingly, the proposed development satisfies the relevant solar access criterion, and the overshadowing impacts of the proposed development are considered reasonable and acceptable.

Acoustic Impacts

27. The DA is appropriately accompanied by an Acoustic Report. The Report is prepared by Greys Australia Pty Ltd.

The Report includes an assessment of the likely impacts resulting from parents arriving and departing and both indoor and outdoor activities associated with the proposed child care centre.

The Greys Report concludes that "Provided the noise controls as recommended in Section 8.0 of this report are fully implemented the noise emission levels will be controlled and not exceed the criteria outlined in this report".

The Applicant accepts the noise mitigation requirements as outlined in the recommendations of the Acoustic Report. This criterion will result in the noise generation by the childcare centre being within the acceptable limits. Acoustic impacts of the proposed development do not form adequate or appropriate grounds to refuse consent to the DA.

Damage During Construction

28. A standard Condition of Consent requiring the preparation of a dilapidation report in respect of the adjoining properties and Council land will be imposed to ensure there is no damage during the construction period.

Adequacy of Boundary Setbacks

29. Design Standard (DS) 6.4 of the Hurstville DCP specifies:

A minimum front boundary setback of 5.5m - 9.0-9.5m to Kingsgrove Road is proposed.

A setback of 2m to the secondary frontage on a corner site - 3.0 - 3.5m to Vivienne Street is proposed.

A side boundary setback of 900mm – a side setback of 900m is provided to the south

A rear setback of 3m – a rear setback of 10m is provided to the west.

Council’s Development Control Plan does not address a control for rear setbacks to the first floor for a child care and the assessment is taken on merit – a rear setback to the first floor of the proposed development is 13m to the west.

Fencing

30. An acoustic report prepared by Acoustic Noise and Vibration Solutions has been submitted with the DA. Mitigation measures are proposed as detailed in that report which is an attachment to this report and will ensure acoustic amenity of neighbours is not compromised. These measures include acoustic sound barrier fencing. The acoustic report was also reviewed by Council’s Environmental Health Officers, who deemed the application satisfactory, subject to conditions.

Non-compliance of the DA with the Development Control Plan (DCP)

31. See Paragraph 17 – Development Control Plan, Hurstville Development Control Plan No 1 - LGA Wide.

Location of the child care centre, there are various facilities within walking distance.

32. The nearest child care to the proposed allotment is 700m away (Kids Oasis), which is located on Shaw Street, Kingsgrove. Followed by St George Montessori, Kingsgrove, which is located 1km away from the subject site.

There are no controls that nominate distances between child care centres.

Impact on pedestrian movement, particularly school children

33. No concerns have been raised by Council’s Traffic Engineer in this regard. The peak drop-off and pick-up times associated with the child care centre will not coincide with those of the school, thus minimising pedestrian and safety risks. Further, the off-street parking provided exceeds that required for the site. Any potential impacts on pedestrian safety during construction of the development can be readily addressed by suitable conditions of consent in the event of approval.

Fatality on Vivienne Street (2012)

34. It is acknowledged there has been a fatality in this location. In this regard the development has been designed to address any conflicts between pedestrian and vehicle movements by locating the access driveway as far as particle from the Vivienne and Kingsgrove Road intersection to facilitate adequate sightlines to ameliorate pedestrian and vehicle conflict.

Width of Vivienne Street

35. The proposal provides an adequate width to Vivienne Street to facilitate access and egress from a basement without compromising the road network, and is supported by Council’s Traffic Engineer.

Council Referrals

Environmental Health

36. The proposal is supported by Council’s Health Officer subject to standard conditions and a specific condition requiring compliance with all recommendations of the acoustic report.

Building and Compliance

37. The proposal is supported by Council’s Building Officer, subject to standard conditions.

Waste Management

38. The proposal is supported by Council’s Waste Management Officer, subject to standard conditions.

Tree Management

39. The proposal is supported by Council’s Tree Management Officer, subject to compliance with the submitted plant schedule and replanting of an additional three (3) trees along Vivienne Street.

Traffic Engineer

40. The proposal is supported by Council’s Traffic Engineer, subject to standard conditions.

Development Contributions

41. The development is subject of a Section 7.12 contribution (former Section 94A Contribution), under the provisions of the Georges River Council Section 94A Contributions Plan 2017. The below information, will form a part of the conditions of consent (if applicable);

Fee Type	Fee
Georges River Council Section 94A Development Contributions Plan 2017	$7,370.00

CONCLUSION

42. The proposal seeks approval for a demolition of existing structures and the construction of a child care centre and a basement car park. The application was notified on two (2) separate occasions for a period of fourteen (14) days and forty eight (48) submissions were received. The proposed development generally complies with the planning controls and objectives within Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan.

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

DETERMINATION AND STATEMENT OF REASONS

43. Statement of Reasons

a) The proposed development is considered to be an appropriate scale and form for the allotment and is permissible within the zone.

b) The proposed development will provide minimal impact upon the natural and built environment and the adjoining allotments.

c) The proposal is compliant with respect to the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 and proposes a compliant and acceptable form of development for the subject allotment and locality.

DETERMINATION

44. THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended), the Council approves development consent to Development Application No. DA2017/0487 for the proposed demolition of all structures, the construction of a two (2) storey 47 place child care centre including a basement car park, associated landscape works, fencing and play areas at Lot A, DP 340391 and known as 301 Kingsgrove Road, Kingsgrove, subject to the conditions below.

Section A - Development Details

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 site/roof plan	DA – 01	01.05.2018	B	Futuristic Design
Proposed ground floor plan	DA – 06	01.05.2018	B	Futuristic Design
Proposed first floor plan	DA – 07	01.05.2018	B	Futuristic Design
Proposed Front Fence and Elevation Plan	DA – 11	01.05.2018	B	Futuristic Design
Proposed Elevations and Section	DA – 08	01.05.2018	B	Futuristic Design
Proposed Landscape Plan	DA – 09	01.05.2018	B	Futuristic Design
Proposed Basement Plan	DA – 05	01.05.2018	B	Futuristic Design

Section B - Separate Approvals Required Under Other Legislation

2. Building - Hoarding Application - Prior to demolition of the buildings on the site, or the commencement of work above ground level, a separate application for the erection of an ‘A class’ (fence type) or a ‘B class’ (overhead type) hoarding or ‘C type’ scaffold, in accordance with the requirements of SafeWork NSW, must be erected along that portion of the footways/roadway where the building is within 3 metres of the street boundary.

An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993:

(a) A site and location plan of the hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit points to/from the site, vehicle access points, location of public utilities, electrical overhead wire protection, site management plan and builders sheds location; and

(b) Hoarding plan and details that are certified by an appropriately qualified engineer; and

(c) The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available at www.georgesriver.nsw.gov.au) before the commencement of work; and

(d) A Public Risk Insurance Policy with a minimum cover of $20 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

3. Section 138 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 (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.

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 6400.

Section C - Requirements of Concurrence, Integrated & Other Government Authorities

4. 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.

5. 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.

Section D - Prior to the Issue of a Construction Certificate

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

7. Food Premises - The following information shall be provided and shown on the Construction Certificate Plans:

(a) Plans and Specifications

Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer. The plans and specifications must demonstrate compliance with the:

i. Food Act 2003 (as amended)

ii. Food Regulation 2015 (as amended)

Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any 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.

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
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	$150.00
Georges River Council Section 94A Development Contributions Plan 2017	$7,370.00

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.

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

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 prior to any works commencing under the CDC, as required by clause 136L of the EP&A Regulation.

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: $150.00

(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.

10. Site Management Plan - A Site Management Plan must be submitted with the application for a Construction Certificate, and include the following:

(a) location of protective site fencing;

(b) location of site storage areas/sheds/equipment;

(d) provisions for public safety;

(e) dust control measures;

(f) method used to provide site access location and materials used;

(g) details of methods of disposal of demolition materials;

(h) method used to provide protective measures for tree preservation;

(i) provisions for temporary sanitary facilities;

(j) location and size of waste containers/skip bins;

(k) details of proposed sediment and erosion control measures;

(l) method used to provide construction noise and vibration management;

(m) construction and demolition traffic management details.

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

11. 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.

12. Pre-Construction Dilapidation Report – Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to:

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

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

A copy of the pre-construction dilapidation report is to be provided to the adjoining properties (subject of the dilapidation report), a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the PCA.

Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this shall be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm.

13. 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 the upper level of Council’s kerb inlet pit located at the corner of Vivienne Street and Kingsgrove Road in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

(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 (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

14. Stormwater Systems with Basement - The underground basement car park must pump to and all other stormwater must drain by gravity to the upper level of Council’s kerb inlet pit located at the corner of Vivienne Street and Kingsgrove Road

The design of the 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.

15. Protection of basement from inundation of stormwater waters - The construction of the building shall be designed to conform to the recommendations and conclusions of the Drainage Engineer in regards to the protection of the underground basement from possible inundation by surface waters.

Evidence from a professional engineer who specialises in hydraulic engineering that this design requirement has been adhered to shall be submitted with the Construction Certificate application.

16. 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. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

(a) peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden,

(b) at Annual Recurrence Intervals of 2 years and 100 years.

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

"BEWARE: This is an on-site detention basin/tank for rainwater which could overflow during heavy storms."

Full details shall accompany the application for the Construction Certificate.

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

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

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

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

Details and certification of compliance from a professional engineer specialising in civil engineering shall be provided for approval with the Construction Certificate application.

18. 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 Guidelines.

19. 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.

20. Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering must detail how Council’s property shall be supported at all times.

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

21. 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).

22. Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(d) Access arrangements; and

(e) Proposed traffic measures to minimise impacts of construction vehicles

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

23. Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Report submitted and approved by Council, titled Acoustic Report for proposed childcare Centre – No.301 Kingsgrove Road, Kingsgrove, Reference No.2017-515, prepared by Acoustic Noise & Vibration Solutions P/L and dated 29 September 2017.

24. Food Premises - The following information shall be provided and shown on the Construction Certificate Plans

(a) Plans and Specifications

Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer. The plans and specifications must demonstrate compliance with the:

i. Food Act 2003 (as amended)

ii. Food Regulation 2015 (as amended)

iii. Food Standards Code as published by Food Standards Australia

iv New Zealand and Australian Standard AS4674:2004 Design, Construction and v fit out of food premises (as amended)

vi Sydney Water – trade Waste Section.

Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

(b) Waste Facility

Details of the construction and fit out of the waste facility of the food premises must be submitted to Council’s Waste Services Team for approval. Such details must demonstrate compliance with the Food Act 2003 (as amended), Food Regulation 20105 (as amended); the Food Standards Code as published by Food Standards Australia and New Zealand and Australian Standard AS 4674:2004 Design, construction and fit out of food premises (as amended.) and must be:

i. provided with a hose tap connected to the water supply;

ii. paved with impervious floor materials;

iii. coved at the intersection of the floor and the walls;

iv. graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water);

v. adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997;

vi. Must be large enough to accommodate the bins required.

Council’s Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.

25. Health – Hand wash basins - A hands free operated hand wash basin must be provided within the kitchen and milk prep room with a supply of hot and cold water through a single spout. A supply of liquid soap and single use towels is to be provided adjacent to each hand wash basin.

26. Engineer’s Certificate - A certificate from a professional structural engineering Engineer, certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

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

28. 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.

A Site Management Plan must be submitted with the application for a Construction Certificate, and include the following:

(a) location of protective site fencing;

(b) location of site storage areas/sheds/equipment;

(d) provisions for public safety;

(e) dust control measures;

(f) method used to provide site access location and materials used;

(g) details of methods of disposal of demolition materials;

(h) method used to provide protective measures for tree preservation;

(i) provisions for temporary sanitary facilities;

(j) location and size of waste containers/skip bins;

(k) details of proposed sediment and erosion control measures;

(l) method used to provide construction noise and vibration management;

(m) construction and demolition traffic management details.

29. 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 r 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.

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

31. Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Futuristic Design, reference numbers – DA- 09/ Rev C. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following –

a) An additional Australian native tree shall be planted within the property, fronting Kingsgrove Road. This tree is in addition to the four (4) Elaeocarpus reticulatus. The additional tree shall be able to reach a height at maturity of nine (9) metres and be of species within Hurstville DCP – “5. Recommended species for landscaping”

32. Tree Removal & Replacement

Tree removal - Permission is granted for the removal of the following trees:

Tree Species	Number of trees	Location
Archontophoenix cunninghamiana	2	Front yard, fronting Kingsgrove Road
Melaleuca quinquenervia	1	Councils street tree within Vivienne Street
Council shall be appointed to remove and plant all tree/s on public land

General Tree Removal Requirements

(a) All tree removal shall be carried out by a minimum certificate Level 3, Licenced and insured 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).

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

Street Tree Removal / Replacement by Council –

(a) Three (3) street trees of species to be determined shall be provided in the road reserve fronting the site, within Vivienne Street.

(b) 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.

Fee Type – Tree removal on public land	Amount
Administration Fee for Tree Removal x 1	$154.50
Replacement Tree Fee (per Tree) x 3	$185.40
Cost of tree removal x 1	To be determined
Cost of Stump Grinding x 1	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.

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

33. Dial Before You Dig - Underground assets may exist in the area that is subject to your application. In the interest of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contact the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

34. 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.

35. 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.

Section F - During Construction

36. 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.

37. 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.

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.

Section G - Prior to the Issue of the Occupation Certificate

40. Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the DA Acoustic Report titled Acoustic Report for proposed childcare Centre – No.301 Kingsgrove Road, Kingsgrove, Reference No.2017-515, prepared by Acoustic Noise and Vibration Solutions Pty Ltd and dated 29 September 2017.

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

A suitably qualified person shall certify that the operation of the plant equipment shall not give rise to sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB. The source noise level shall be assessed as an LAeq, 15 min in accordance with the NSW Environment Protection Authority’s “NSW industrial Noise Policy.

Certification must be submitted to the PCA prior to the issue of any Occupation Certificate.

42. Food Premises - Inspection & Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:

(a) An inspection of the fit out of the Food Premises must be arranged with Council's Environmental Health Officer;

(b) A satisfactory final inspection must have been undertaken by Council's Environmental Health Officer; and

(c) The Food Premises must notify and register its business details with Georges River Council as required under section 100 of the Food Act 2003.

43. 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.

44. 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.

45. Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and certification must be forwarded to the PCA and Council, from a professional engineer specialising in hydraulic engineering.

This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the PCA.

The works-as-executed drainage plan must be prepared by a professional engineer specialising in hydraulic engineering in conjunction with a Registered Surveyor and must include the following details (as applicable):

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

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

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

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

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

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

46. Splay Dedication - The applicant shall dedicate to Council a 3m x 3m splay to the corner of Vivienne Street and Kingsgrove Road for the purposes of road widening. This splay shall be dedicated as road widening on a plan of subdivision prepared by a Registered Surveyor and submitted to Council with an application for a Subdivision Certificate.

Any existing or new fencing shall be adjusted to the new splay alignment and the new splay area must be restored with turf.

This Plan shall be registered at the NSW Land and Property Information prior to the issue of a final 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.

(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.

48. Vehicular crossing & Frontage work – Major development - The following road frontage works shall be constructed in accordance with Council's Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

(a) Construct a 0.9m wide footpath for the full length of the frontage of the site in Vivienne Street in accordance with Council’s Specifications for footpaths.

(b) Construct the vehicular crossing in accordance with Council’s Specifications for vehicular crossings.

The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

A private contractor shall carry out the above work, at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

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

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

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

(d) New footpaths within the road related area;

(e) Relocation of existing power/light pole

(f) Relocation/provision of street signs

(g) New or replacement street trees;

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

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

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

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

50. Traffic Control Devices - The internal road network, pedestrian facilities and parking facilities (including visitor parking and employee parking) shall be designated and line marked in accordance with Australian Standard - AS1742, Manual of Uniform Traffic Control Devices.

If an exit from car park utilises a pedestrian footpath, then a warning system such as flashing light and/or ‘alarm sound’ must be installed on the subject property to alert pedestrians of vehicles exiting the car park. The Alarm System must be designed and installed in accordance with AS2890.1 -2004.

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

(a) Footpath, kerb and gutter and road pavement in Vivenne Street

(b) Footpath, kerb and gutter and road pavement in Kingsgrove Road

The dilapidation report must be prepared by a professional engineer specialising in structural engineering, and include:

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

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

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

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

The report must be provided to the PCA and a copy provided to the Council. The reports are to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

Note: Council will use this report to determine whether or not to refund the damage deposit.

Council’s Engineering Services Division must advise in writing that the works have been completed to their satisfaction prior to the issue of an Occupation Certificate.

52. Stormwater drainage works – Works As Executed - Prior to the issue of the Occupation Certificate, stormwater drainage works are to be certified by a professional engineer specialising in hydraulic engineering, with Works-As-Executed drawings supplied to Council detailing:

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

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

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

(d) Pipe invert levels and surface levels to Australian Height Datum;

Council’s Engineering Services section must advise in writing that they are satisfied with the Works-As-Executed prior to the issue of an Occupation Certificate.

Section H - Operational Conditions (Ongoing)

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

54. Maintenance of Sound Attenuation - Sound attenuation must be maintained in accordance with the DA Acoustic Report titled Acoustic Report for proposed childcare Centre – No.301 Kingsgrove Road, Kingsgrove, Reference No.2017-515, prepared by Acoustic Noise & Vibration Solutions Pty Ltd and dated 29 September 2017.

55. Final Acoustic Report – Verification of Noise report - Within three months from the issue of an Occupation Certificate, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the DA Acoustic Report titled Acoustic Report for proposed childcare Centre – No.301 Kingsgrove Road, Kingsgrove, Reference No.2017-515, prepared by Acoustic Noise & Vibration Solutions Pty Ltd and dated 29 September 2017 are effective in attenuating noise to an acceptable noise level and that the use is not calculated to give rise to ‘offensive noise’ as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

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

Flashing, moving or intermittent lights or signs are prohibited.

57. 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.

58. Activities and storage of goods outside building - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

59. Food Premises – Adequate waste receptacles - Appropriate waste and recycling containers must be provided for waste generation rates of 0.3 to 0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals. All waste and recycling containers shall be stored in the approved waste storage area that is large enough to store the required number of bins and must be adequately serviced by waste collection vehicles.

60. Food premises – maintenance of food premises - The food premises must be maintained in accordance with the Food Act 2003 (as amended), Food Regulation 2015 (as amended); the Food Standards Code as published by Food Standards Australia & New Zealand and Australian Standard AS 4674-2004: Construction and fit out of food premises (as amended).

61. Garbage Odour - A waste contractor shall be engaged to remove all waste from the garbage storage area on a regular basis so that no overflow of rubbish will occur. Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined under the provision of the Protection of the Environment Operations Act, 1997 (as amended).

62. Hours of operation - The approved hours of operation shall be restricted to the following:

- Monday to Friday inclusive from 7:30am to 6:00pm. No trade on Saturdays, Sundays and Public Holidays.

63. Number of staff - The maximum number of staff permitted on the premise is six (6).

Section I - Prescribed Conditions

64. Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

65. Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

66. Clause 98D – Erection of sign for maximum number of persons - This prescribed condition applies to entertainment venues, function centres, pubs, registered clubs and restaurants. This condition requires the erection of a sign which states the maximum number of persons (as specified in the consent) that are permitted in the building.

67. Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

Section J - Operational Requirements

68. Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

An application form for a Construction Certificate is attached for your convenience.

69. Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

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

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

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

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

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

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

70. Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

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

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

71. Notice of Commencement - The beneficiary of the development consent must give at least two (2) days notice to the Council and the PCA of their intention to commence the erection of a building.

A Notice of Commencement Form is attached for your convenience.

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

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

Where Georges River Council has been appointed PCA, forty eight (48) hours notice in writing, or alternatively twenty four (24) hours notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

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

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

An Occupation Certificate Application Form is attached for your convenience.

END CONDITIONS

NOTES/ADVICES

75. 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.

76. 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.

77. 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

78. Food Premises - Information on Australian Standards can be obtained from www.standards.com.au. Guidelines and Food Safety Standards may be obtained by contacting the Food Standards Australia New Zealand Authority at foodstandards.gov.au or the NSW Food Authority on 1300 552 406, email: contact@foodauthority.nsw.gov.au or by visiting the website www.foodauthority.nsw.gov.au

Notification of Food Business under Section 100 of the Food Act 2003 requires the proprietor of a food business to give written notice, in the approved form, before conducting a food business. Penalties apply for failure to comply.

79. Noise - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines (http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

Useful links relating to Noise:

(a) Community Justice Centres—free mediation service provided by the NSW Government (www.cjc.nsw.gov.au).

(b) Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise).

(c) New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au).

(d) Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php).

(e) Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au).

(f) Department of Gaming and Racing - (www.dgr.nsw.gov.au).

80. Acoustic Engineer Contacts & Reference Material - Further information including lists of Acoustic Engineers can be obtained from:

(a) Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au)

(b) Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au)

ATTACHMENTS

Attachment ⇩1	Elevations and Sections - 301 Kingsgrove Road Kingsgrove
Attachment ⇩2	Front Fence Elevation and Setback Details - 301 Kingsgrove Road Kingsgrove
Attachment ⇩3	Ground Floor Plan - 301 Kingsgrove Road Kingsgrove
Attachment ⇩4	First Floor Plan - 301 Kingsgrove Road Kingsgrove
Attachment ⇩5	Basement - 301 Kingsgrove Road Kingsgrove

Georges River Council – Local Planning Panel Friday, 5 October 2018

Page 59

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Friday, 05 October 2018

LPP Report No	LPP044-18	Development Application No	DA2018/0124
Site Address & Ward Locality	13 Allawah Avenue Carss Park Blakehurst Ward
Proposed Development	Demolition works, construction of a dual occupancy, swimming pools, retaining walls and front fencing
Owners	J Carnabuci and R Vella
Applicant	R Ursino / R Vella
Planner/Architect	Robert Ursino Design
Date Of Lodgement	4/04/2018
Submissions	Six (6) in total. Three (3) to original DA lodgement; a further three (3) to amended plans.
Cost of Works	$1,190,644.00
Local Planning Panel Criteria	Applicant/Owner is a former employee of Council
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
List all documents submitted with this report for the Panel’s consideration	Architectural Plans
Report prepared by	Team Leader Development Assessment and Independent Assessment

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

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)?

Conditions

Have draft conditions been provided to the applicant for comment?

Site Photo

Executive Summary

Proposal

1. The application proposes demolition of existing structures and construction of a new three (3) storey attached dual occupancy building with a swimming pool being proposed for each lot. Also proposed are various ancillary works including retaining walls and front fencing.

Site and Locality

2. The subject site is legally described as Lot 187 in Deposited Plan 12759 and has a street address of 13 Allawah Avenue, Carss Park. The property is located on the north western side of Allawah Avenue.

3. The dimensions of the site are approximately 15.24m (width) x 42.735m at the north eastern boundary and 42.725m at the south western boundary (depth), with a total area of 651.2sqm. There is an existing two (2) storey rendered dwelling house situated on the subject land.

4. Surrounding development in the immediate locality consists of a mix of detached dwelling houses in a predominantly low density residential setting.

Zoning and Permissibility

5. The site is zoned R2 Low Density Residential and the proposed development is permissible with development consent.

Submissions

6. A total of six (6) submissions were received regarding this DA.

7. The original DA plans were notified in accordance with Council’s requirements under Kogarah Development Control Plan 2013 on 20 April 2018 and three (3) submissions objecting to the proposal were received.

8. The amended plans submitted by the applicant were renotified by Council on 30 July 2018. A further three (3) submissions were received, of which two (2) were from objectors that lodged a submission during the original notification period.

9. The objections raised in relation to the proposal can be summarised as follows:

· Character – the bulk and scale of the development will be out of character with the local area.

· Parking – insufficient parking spaces are provided on site for the proposed development.

· Landscaping – The proposal will provide for insufficient landscaping opportunities.

· Privacy – the development will result in overlooking opportunities from the rear windows of the first floor bedrooms.

· View Loss – the proposal will impact on views currently afforded to the dwelling house to the rear of the site at 34 Benwerrin Avenue.

Level of Determination

10. The DA is referred to the Local Planning Panel for consideration and the Panel’s opinion on the application, as the applicant/ owner is a former (Senior) member of staff at former Kogarah/ Georges River Council.

11. The assessment of this DA, and the preparation of this report, has been undertaken by an Independent Planning Consultant on behalf of Council for probity reasons.

Conclusion

12. That the Panel review the application with respect to the relevant applicable Planning controls and provide Council with an opinion on the merits of the application. Having regard to the matters for consideration listed under Section 4.15 of the Environmental Planning and Assessment Act 1979, and following a detailed assessment of the proposal, Development Application No. 2018/0124.

REPORT IN FULL

Proposal

13. The application proposes demolition of all existing structures and construction of a new three (3) storey dual occupancy with a swimming pool for each lot.

14. Pedestrian access to Lot 1 is via part of the driveway and a pedestrian path. Pedestrian entry to Lot 2 is via a dedicated pedestrian pathway.

15. Vehicular access will be provided to the garages by way of a new central driveway.

16. The dwellings will comprise the following:

Northern Dwelling - 1

Lower Ground Floor:

· Double car garage (tandem car parking);

· Storage;

· Entry foyer;

· Lift;

· Stairwell to ground floor; and,

· Mechanical services room.

Ground Floor:

· Guest bedroom with ensuite and balcony facing Allawah Avenue;

· Powder room;

· Linen closet;

· Open plan living / dining / kitchen;

· Outdoor dining area;

· Lift; and,

· Stairwell to the lower ground floor and first floor.

First Floor:

· Three bedrooms, one containing an ensuite and balcony facing Allawah Avenue;

· Bathroom;

· Study nook;

· Linen cupboard;

· Lift; and,

· Stairwell to the lower ground floor and first floor.

Southern Dwelling - 2

Lower Ground Floor:

· Double car garage (tandem car parking);

· Storage;

· Bin store;

· Lift;

· Stairwell to ground floor; and,

· Mechanical services room.

Ground Floor:

· Family room with direct access to a balcony facing Allawah Ave;

· Powder room;

· Linen closet;

· Pantry;

· Entry foyer;

· Open plan living / dining / kitchen;

· Outdoor dining area;

· Lift; and,

· Stairwell to the lower ground floor and first floor.

First Floor:

· Three bedrooms, one containing an ensuite and balcony facing Allawah Ave;

· Bathroom;

· Study nook;

· Linen cupboard;

· Lift; and,

· Stairwell to the lower ground floor and first floor.

17. The rear yards will each contain an outdoor dining area, inground pool, and landscaping which includes pathways around the development.

18. The proposal does not involve the removal of any existing trees given the land is largely clear of any significant vegetation.

19. The following is the site plan of the proposed development.

Site Plan of proposed development. Source: Applicant DA plans

The Site and Locality

20. The subject site is legally described as Lot 187 in Deposited Plan 12759 and has a street address of 13 Allawah Avenue, Carss Park. The property is located on the north western side of Allawah Avenue.

21. The dimensions of the site are approximately 15.24m (width) x 42.735m at the north-eastern boundary and 42.725m at the south western boundary (depth), with a total area of 651.2sqm. There is an existing two (2) storey rendered dwelling house situated on the subject land.

22. The land slopes and drains to the south eastern side of the site fronting Allawah Avenue. There are no existing trees on site that will be affected by the proposal.

23. Surrounding development in the local area consists of a mix of detached dwelling houses, one (1) to two (2) storeys in height in a predominantly low density residential setting.

24. The immediate vicinity of the subject site is shown in the following photo:

View of the site from Allawah Avenue, Carss Park Source: https://www.google.com.au/maps

Applicable Planning Controls

25. The applicable planning controls relevant to the proposal are contained within:

· Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment (Deemed SEPP);

· 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;

· Draft State Environmental Planning Policy (Environment);

· Kogarah Local Environmental Plan 2012; and,

· Kogarah Development Control Plan 2013.

Planning Assessment

26. 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.

Kogarah LEP 2012

Zoning

27. The site is zoned R2 Low Density Residential under the Kogarah Local Environmental Plan 2012 (KLEP 2012). The proposed development is permissible with development consent and satisfies the zone objectives as the proposal will provide for the housing needs of the community within a low density residential environment. Further, the proposal will not impact on the ability of other land within the local area to provide facilities or services to meet the day to day needs of residents.

28. The following is the Kogarah LEP 2012 zoning map which illustrates the subject property.

Kogarah LEP 2012 Zoning Map. Source: legislation.nsw.gov.au

Relevant Planning Controls in Kogarah LEP 2012

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

Clause	Standard	Proposed	Complies
Part 2 – Permitted or Prohibited Development	R2 Low Density Residential	Dual occupancy (attached) developments are permissible in the R2 zone.	Yes
Part 2 – Permitted or Prohibited Development	Objectives of the Zone	The proposal is consistent with the objectives of the zone.	Yes
4.1B Minimum Lot Size for Dual Occupancies	650sqm	651.2sqm	Yes
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	9m	Yes
4.4 – Floor Space Ratio	0.55:1 as identified on Floor Space Ratio Map	0.548:1	Yes
4.4A Exceptions to Floor Space Ratio for Residential Accommodation in Zone R2	Maximum Floor Space Ratio of 0.5495	0.548:1	Yes
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	The site area of 651.2m² has been calculated in accordance with Cl.4.5	Yes
5.10 – Heritage Conservation	Heritage impact statement required if site involves heritage item	Site does not contain or adjoin a heritage item	N/A
6.1 – Acid Sulfate Soils	Acid Sulfate Soils Management Plan must be prepared	Site is not affected by acid sulfate soils	N/A
6.2 – Earthworks	To ensure that earthworks do not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.	The application does not necessitate the need for any significant excavation works to take place.	Yes

State Environmental Planning Policies

30. The development is subject to a number of State Environmental Planning Policies, and compliance is outlined in the table below:

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment	Yes
State Environmental Planning Policy No 55 - Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index BASIX) 2004	Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017	Not directly relevant to the proposal
Draft State Environmental Planning Policy (Environment)	Relevant consideration but not pertinent to the assessment due to status of the draft

Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment (Deemed SEPP)

31. The Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment (deemed SEPP) applies to subject land.

32. The policy aims to maintain and improve the water quality and river flows of the Georges River and its tributaries and ensure that development is managed in a manner that is in keeping with the national, state, regional and local significance of the catchment.

33. All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and would satisfy the relevant provisions of the aforementioned deemed SEPP.

34. It is noted that the Department of Planning and Environment (DPE) is seeking to consolidate this SEPP along with several others and include relevant provisions within a new draft policy that was recently exhibited referred to as the new Draft State Environmental Planning Policy (Environment). Further details in relation to the new draft SEPP are provided under the relevant heading below.

State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55)

35. 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.

36. 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.

37. 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.

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

38. Compliant BASIX Certificates, numbered 883407S and 883524S dated 26 March 2018 have been issued for the proposed development. Conditions of consent have been included to ensure the commitments required under the certificates will been satisfied with the proposed development.

39. It is noted that amended plans were submitted as part of the DA process, however these have not resulted in a material change to the development, and as such new BASIX certificates are not required.

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

40. The Vegetation SEPP applies to land in the Sydney and Newcastle metropolitan areas, and all land that is zoned for urban purposes or environmental conservation/management under the Standard Instrument - Principal Local Environmental Plan.

41. The SEPP applies to clearing of:

(a) native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and

(b) vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP).

42. The proposal does not involve any clearing and as such, and the provisions within the Vegetation SEPP are not directly relevant to the proposal.

Draft Environmental Planning Instruments

Draft State Environmental Planning Policy (Environment) (Environment SEPP)

43. The Department of Planning and Environment have been working to develop a new SEPP for the protection and management of our natural environment. The policy will replace seven (7) existing SEPPs including the Greater Metropolitan Regional Environmental Plan No. 2 - Georges River Catchment by updating and consolidating relevant provisions.

44. The new Draft Environment SEPP was exhibited from 31 October 2017 until the 31 January 2018. Engagement is now closed and feedback is currently being considered.

45. As such, the draft plan is a consideration in the assessment of this application however given the timeframe for adoption is not yet imminent or certain, no further assessment is required. Irrespective of this, the proposed development has been assessed as not inconsistent with provisions of the Environmental SEPP.

Development Control Plans

Kogarah Development Control Plan 2013

46. The development has been assessed against the requirements of Part C1 – Low Density Housing in Kogarah DCP 2013, as indicated in the following table.

Requirement	Controls	Proposed	Complies
Design Requirements - Streetscape Character	Streetscape Character Analysis (SCA) must be submitted as part of any Development Advisory Service (DAS) application for the following: - New dwellings - Alterations to the front and / or two level adds to an existing dwelling - Attached dual occupancy - Detached dual occupancy	An adequate Streetscape Character Analysis (SCA) has been submitted.	Yes
	Comprises an analysis of the existing streetscape and future desirable streetscape.	A review of the SCA has confirmed that the proposal is generally consistent with the existing and future desirable streetscape.	Yes
Building Scale and Height - Floor space requirements	Maximum FSR - Site between 650sqm to 800sqm (SA – 650) x 0.3 + 357.5 (357.86sqm or 0.5495:1)	Lower Ground Floor 29.72sqm Ground Floor 180.55sqm First Floor: 146.78sqm Total: 357.05sqm/ 0.548:1	Yes
	FSR calculations include any secondary dwellings.	N/A	-
	Bulk and relative mass is acceptable in terms of: - Streetscape considerations - Setbacks - Landscape requirements - Vegetation - Size and shape of allotment - Topography of site	Perceivable bulk and mass is considered acceptable with consideration given to the existing streetscape, and the topography of the site. Although the dwelling will be of a bulk and scale more significant than the adjoining dwellings, the precedent for this form of development in the area has been set noting the following more modern properties: · 21 Allawah Ave · 47 Allawah Ave · 99 Carwar Ave · 101 Carwar Ave	Yes
	Blank walls and flat facades to be avoided – walls longer than 10m to be articulated by a minimum 300mm projection or indentation.	One area of continuous wall greater than 10.00m in length is proposed. This occurs along the side boundary walls of the first floor where they are approximately 10.35m in length, otherwise a variation of 3.5% This variation is exceptionally minimal whilst sufficient articulation is provided by way of the roof form that provides relief and interest.	No - Justifiable
	Building mass is in proportion with allotment size, provides modulation and articulation.	Yes. Note above.	Yes
	Where there is a two level residential element – second level should not extend beyond 60% of the depth of the lot form the street boundary.	60% of site depth is approx. 25.635m. A depth of 25.66m is recorded on the first floor whilst a depth of 25.06m is recorded on the ground floor. Accordingly, the depth of the first floor results in a non-compliance of 25mm. This very minor variation is non-consequential, particularly as it only relates to the windows surround.	No – Justifiable
Building Heights	Maximum building heights for dual occupancy: - 7.2 to underside of upper ceiling - 7.8m to top of parapet - 9.0m to the top of the ridge	· RL20.10 – RL11.30 = 8.80m being a 1.60m variation or 22.22%. · No parapet proposed. · Complies with 9.0m to top of ridge – refer to clause 4.3 of KLEP2012 above.	No - Justifiable
	Maximum two (2) storeys unless site exceeds 1:8 or 12.5% where the max is three (3) storeys.	Slope is 13.8% therefore 3 storeys is permitted.	Yes
	Maximum height to be adhered with irrespective of number of levels.	Maximum building height has been adhered to.	Yes
	Foundation areas, garages, basements, etc., most not have an external wall height greater than 1.0m above ground level (existing) at any point on the building.	Complies. Garages do not have any external walls as in a basement form.	Yes
	Where dominant built form is single storey – new buildings and alts should present as single storey. Any second level element to be setback a minimum of 10.0m from the boundary.	Dominant built form is not single storey. Dwelling houses within Allawah Avenue range from one to three storeys.	Yes
Rhythm of the Built Elements in the streetscape	Primary building façade should not exceed 40% of frontage width	Primary building façade comprises approximately 66.27% of the frontage width at 10.10m. This is considered acceptable due to the design of the building that is predominantly open i.e. balconies and voids, which appropriately reduces the bulk and scale.	No – Justifiable
	Secondary building façade – setback a min of 1.5m from primary building façade	Complies. The secondary building façade on the first floor is setback 1.60m from the primary building façade on the ground floor.	Yes
	Where hip and gable are prominent – additions and new buildings should reflect that form	Hip and gable are prominent, however, multiple examples of alternative roof forms such as at: - 43 Allawah Avenue - 47 Allawah Avenue - 97 Carwar Avenue - 101 Carwar Avenue Two appear to be recently approved.	Yes
Building Setbacks Front Setbacks	Where an adjacent building is setback greater than 5.0m i. Proposal is setback same distance as one of the other adjoining buildings provided that difference between the adjoining setbacks is less than or equal to 2.0m. ii. If difference is larger than 2.0m – the average.	Setback of adjacent buildings: 11 Allawah Avenue – 5.30m 9 Allawah Avenue – 8.50m to the dwelling (exclusive of garage) Average setback of approx. 6.90m Dwelling is setback 5.52m to the balcony balustrades of the ground floor which is in line with 11 Allawah Avenue.	Yes
Side and Rear Setbacks	Dual occupancy i. Rear: 15% of average site length or 6.0m, whichever is greatest. ii. Rear: Development to respond to west rear setback if any iii. Side: Building with wall height 3.5m or less – 900mm iv. Side: building with wall height 3.5m or above – 1200mm	i. 15% average site length is 6.41m. Complies. Rear setback of 13.95m proposed to the rearmost section of the party wall on the ground floor. ii. It is in-line with the established rear setback of adjoining properties which is approximately 15.0m. iii. N/A iv. Minimum side setback of 1200mm is proposed across all floors with the exception of where two ground floor windows protrude 300mm into the required setback.	No – Justifiable
Fenestration and External Materials	Materials and colour range to compliment street.	Range of materials and colours within the streetscape i.e. red/ brown brick, rendered dwellings in a light colour, and weatherboard. Range of grey, white, and brown dwellings in conjunction with the red/brown brick. The proposal to be a mix of face brick, rendered brick, horizontal and vertical cladding, and stone. Colour selection is commensurate with the streetscape.	Yes
	Garage doors to not dominate	Garage doors do not dominate, noting they’re recessed approximately 1.35m from the outermost building element and are constructed of materials that are not only of a high quality, but also assist in the doors blending in with the dwelling. Note both garages are single car in width.	Yes
	Roof to be similar pitch, colour, and material as streetscape	Roofs within the streetscape are either metal or tile and are predominantly red, grey, or black. The roof material is to be a dark grey metal, ensuring consistency with the streetscape.	Yes
	Colour of garages, window frames, balustrade to be integrated with external design of building	Complies. High quality material frames been selected that are cohesive with the overall design.	Yes
	Glazing to be limited to 35% of façade (front and secondary)	Complies. Glazing does not exceed 35% of the front façade.	Yes
	Garage in front façade – max of two bays that are separated – max door width 3.0m	Complies. Two single width bays are proposed that are a maximum width of 2.90m	Yes
Street Edge	New developments should provide front fencing that complements fencing within the streetscape.	Front fence is a low height stone wall with open sections for pedestrian access and joint driveways, creating a visually permeable and high quality front fence that is consistent with those of surrounding dwellings.	Yes
	Fencing is to be consistent with the requirements of Section 4.2	An assessment against Section 4.2 of DCP2013 has confirmed that front fence is compliant.	Yes
	Existing vegetation in the front building line setback or on the street verge that contributes to the character of the streetscape should be preserved.	N/A – no existing vegetation.	-
	The driveway location should not result in the removal of any street trees or removal of substantial trees on the site.	N/A – no existing vegetation on site or within the Council verge fronting the site	-
Open Space	15% of the site area must be deep soil landscaped area.	Complies. Approximately 153m² or 23.5% proposed.	Yes
	Private open space should be adjacent to and visible from the main living and/or dining rooms and be accessible from those areas.	Private open space areas adjacent to dining / lounge rooms.	Yes
	Development should take advantage of opportunities to provide north facing private open space to achieve comfortable year round use.	Complies. Rear POS will benefit from northerly aspect.	Yes
	Where soil and drainage conditions are suitable, unpaved or unsealed landscaped areas should be maximised and designed to facilitate on site infiltration of stormwater.	More than compliant landscape and deep soils area proposed.	Yes
Vehicular access, parking and circulation	Car parking is to be provided in accordance with the requirements in Section B4. - Dual Occupancies – 1.5 spaces / dwelling	Two car spaces have been provided to each of the proposed dwellings.	Yes
	Crossings are to be positioned so that on-street parking and landscaping on the site are maximised, and removal or damage to existing street trees is avoided.	Complies. Minimal impact on available on-street parking, no landscaping is required to be removed due to its location.	Yes
	Garaging should be setback behind the primary façade	Complies. Garage doors are setback approximately 1.35m from the front setback.	Yes
	The maximum driveway width between the street boundary and the primary building façade is 4m.	Driveway is 5.08m in width between the boundary and garage. It is noted that the proposal complies with the maximum driveway width control for dual occupancies at one-third of width of the site.	No - Justifiable
	Storage areas within basements or garages must not exceed 10m²per dwelling (with a minimum width of 500mm)	Maximum storage area of 5.4m².	Yes
	Car parking layout and vehicular access requirements and design are to be in accordance with the Australian Standards, in particular AS 2890.1-2004.	Refer to Condition No. 10.	Yes
	Dual occupancy development must have only one single fronted garage per dwelling. Where garaging is required for 2 cars, this must be tandem parking.	Complies – only one single fronted garage proposed per dwelling.
Privacy Visual Privacy	Windows from active rooms are to be offset between adjacent dwellings so as to avoid direct overlooking onto neighbouring windows.	Complies. Windows from active rooms have been offset from direct overlooking onto neighbouring windows.	Yes
	Where terraces and balconies are proposed and are elevated more than 1.5m above ground level (finished) and are located behind the street front façade, they are restricted to a maximum width of 2.5m and must be setback a minimum 3m from any adjoining property boundary.	The rear terraces are not elevated more than 1.5m above ground level.	N/A
	For active rooms or balconies on an upper level, the design should incorporate placement of room windows or screening devices to only allow oblique views to adjoining properties (Figures 18 and 19).	Bedrooms located on the first floor contain high level windows where located along the side boundaries. Where there are potential privacy issues from the side facing windows, appropriate screening has been provided. Floor to ceiling glass windows are located along the first floor rear elevation which comprise four bedrooms in total; views are obscured with fixed privacy screens covering the entirety of these windows and three 800mm projection blades. Views to the rear pool area of 34 Benwerrin Avenue will be hindered with existing and proposed landscaping planting and fencing.	Yes
Solar Access	At least 50% of the primary private open space of the proposed development should have access to a minimum of four hours of sunlight between 9am–3pm on 21 June.	The primary private open spaces areas in the form of the outdoor dining areas received a minimum of four hours of sunlight between 9am and 3pm on June 21 as evidenced by the Shadow Diagrams.	Yes
	Where the neighbouring properties are affected by overshadowing, at least 50% of the neighbouring existing primary private open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am–3pm on 21 June (Figure 21)	Neighbouring properties will continue to receive sunlight to at least 50% of their PPOS areas between 0900 and 1500 on 21 June.	Yes
	Shadow diagrams are to be submitted for the winter solstice (21 June) and the spring equinox (22 September).	Complies. Shadow diagrams have been provided for the winter solstice (21 June) and the spring equinox (22 September).	Yes
	Shadow diagrams are required to show the impact of the proposal on solar access to the open space of neighbouring properties. Existing overshadowing by fences, roof overhangs and changes in level should also be reflected in the diagrams.	Complies.	Yes
Views and view sharing	Development shall provide for the reasonable sharing of views	A four (4) step assessment has been undertaken as cited in View Sharing- Planning Principle (Tenacity Consulting v Warringah [2004] NSWLEC 140) and confirms that the proposed is acceptable. Refer to the full assessment that is provided in this report.	Yes
Dual Occupancies and Secondary Dwellings Dual Occupancies (attached)	Minimum site requirements for dual occupancies: - 18.0m frontage - 850sqm - As per 4.1A of Kogarah LEP2012	Not applicable - Refers to historical version of LEP	N/A
	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	Complies. The proposed configuration is one dwelling side by side.	Yes
	One dual occupancy dwelling must not intrude into the rear yard further than 5 metres beyond the other, see Option 2 – Acceptable design solutions.	Both of the dwellings have the same rear setback.	Yes
	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.	Proposed setbacks generally align with those of adjoining dwellings – roof pattern is not consistent, however, flat roof forms are more common with modern dwellings in the locality.	Yes
	No more than one third of the width of the frontage of a property should be used for driveways and accessways.	5.08m of the 15.24m (33.33%) of the frontage is occupied by the driveway.	Yes
	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	Complies. The proposed driveway does not result in a large expanse of paved surface, noting it complies with the one-third of frontage control and has been softened with landscape planting.	Yes
	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.	A single fronted garage is proposed for each dwelling.	Yes
	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.	This pattern is not prominent within the Allawah Avenue streetscape.	-
	Attached dual occupancies should not have central garages or driveways (examples of these are shown under unacceptable designs).	A central driveway and garage has been proposed. However, the garages have been designed so that they are recessed from the front building line, and are of high quality materials that complement the building façade. Furthermore, the driveway has been significantly reduced in width from the original plans and now only comprise one-third of the allotment frontage.	No - Justifiable

47. The proposed development has some areas of non-compliance with DCP 2013, which are discussed as follows.

Building Scale and Height

48. Compliance with the floor space ratio development standard of the KLEP2012 has been achieved with a ratio of 0.548:1 proposed where 0.5495:1 is permitted.

49. Minor non-compliances have been recorded for Controls 1.2.1 (5) and 1.2.1 (7) of the KDCP2013 where a flat façade is proposed along the side elevations of the dwelling for 10.35m where a maximum of 10.00m is permitted, and where the first floor element of the building is setback further than 60% of the site depth of 25.635m at 25.66m. Both these minor variations to the control are inconsequential in nature and do not contribute to an excessive bulk or scale.

50. The proposal results in a development that will measure 9m in height to the ridge of the dwelling. The proposed building height complies with the 9m maximum height as outlined in the KLEP2012.

51. The development proposes a maximum ceiling height of 8.80m which does not comply with the maximum height of 7.20m covered by the KDCP2013. This is a variation to the control of 1.60m or 18.18%. The area of non-compliance occurs for a minor portion of the building where it is predominantly setback from the level below, and is therefore less visible. This has been demonstrated along the south-west elevation where it is most extreme in the following drawing. Given the steeply sloping nature of the subject site, and no discernible impacts from the minor breach, this variation is considered acceptable.

Area of non-compliant height (outlined in red) along the south-west elevation. Source: Architectural Plans (marked up), Robert Ursino Design

Front Setbacks

52. Control 1.2.4.2 (1) of the KDCP2013 requires a minimum front setback that is the same distance as one of the other adjoining buildings, provided the difference between the adjoining setback is less than or equal to 2.0m. The adjoining properties at 9 Allawah Avenue and 11 Allawah Avenue have a front setback of 8.50m and 5.30m respectively, which is greater than 2.0m in difference. Accordingly, a setback of 5.52m has been provided to the proposed development that is in line with the 5.30m setback of 11 Allawah Avenue.

53. As the building proposes walls greater than 3.50m in height along the side boundaries, a setback of 1.20m is required in accordance with Control 1.2.4.3 (1). This control has generally been met with the exception of two 300mm window projections on the ground floor as identified in the following drawing. Due to the inconsequential nature of the projections, and that the remainder of the side setbacks being either compliant or greater than the minimum 1.20m setback stipulated by the KDCP2013, this non-compliance is identified as acceptable.

Floor Plan (blocked for privacy reasons) showing 300mm window projections located on the ground floor. Source: Architectural Plans, Robert Ursino Design

Open Space

54. In accordance with Control 1.3 (1), 15% of the site area must be deep soil landscaped area. A deep soil/landscaped area of approximately 153sqm or 23.5% is proposed. An expansive private open space area has been provided to the rear that benefits from a favourable northerly aspect whilst an array of new plantings are proposed across the site, inclusive of a tree within the front setback. This a notable improvement over the current landscaping on site which is largely clear of any significant vegetation.

Vehicle Access, Parking and Circulation

55. Council’s controls require the provision of 1.5 parking spaces per dwelling within a dual occupancy. Two (2) on-site parking spaces have been provided to each dwelling, thus exceeding the requirement for parking provision within the KDCP2013

56. The garage doors have been setback 1.35m from the front building line located above, whilst the selection of materials appear to be of high quality and complement the remainder of the building façade.

57. The width of the driveway at 5.08m exceeds Control 1.4 (6) which stipulates a maximum width of 4.00m. This is however considered acceptable due to the driveway servicing two single width garages. Furthermore, it is noted that the width of the driveway has been significantly reduced from the original width of 6.82m and is now softened by further landscape plantings.

Privacy

58. Privacy has been maintained to surrounding properties through the provision of highlight windows, offsetting windows to adjoining properties, and incorporating privacy screens where there may be the potential for adverse privacy impacts. Screening has also been included within the private open space areas to avoid overlooking into the adjacent private open space areas.

59. No rear balconies are proposed as part of the development.

60. Improved landscaping within the rear setback will assist in visual privacy also.

Views and View Sharing

61. The KDCP2013 states that development shall provide for the reasonable sharing of views. It is noted that the properties to the rear of the subject site along Benwerrin Avenue enjoy views to Carss Park and Kogarah Bay where they look over the subject site. Accordingly, to determine whether the view sharing is reasonable, a four (4) step assessment has been undertaken as cited from the View Sharing – Planning Principle by the NSW Land and Environment Court - Tenacity Consulting v Warringah [2004] NSWLEC 140.

62. First Step – Water view is valued more than land view. Whole view valued more than partial view (e.g. water view in which the interface between land and water is visible is more valuable than one which is obscured.

63. Comment: The views of concern are views to Carss Park and water views to Kogarah Bay. It should be noted that the existing views to Carss Park are partially obstructed by existing trees to the rear of properties along Carwar Avenue and existing trees in Carss Park.

64. As indicated in the plans submitted to Council, the approximate floor level to the property at the rear, being 34 Benwerrin Avenue, Carss Park is RL.21.60. The uppermost RL of the proposed development is RL20.97, which is approximately 630mm below the approximate floor level of 34 Benwerrin Avenue, Carss Park.

65. It should be noted that the proposed development is also fully compliant with the 9m building height in KLEP2012 and compliant with the 8.5m height limit (as specified in KDCP2013).

66. The development has also been designed to retain the view corridors to Kogarah Bay through the design of the roof and also stepping of the side boundaries at the upper level. As indicated on the plans, the side setbacks to the front of the dwelling are 2570mm.

67. The water view of the uphill property at 34 Benwerrin Avenue is unlikely to be affected. The following photo indicates the extent of the views potentially impacted upon by the proposal.

View from the rear yard of 34 Benwerrin Avenue toward Kogarah Bay noting the approximate roof ridge of the proposal (RL20.97) and adjoining property (RL21.00). Source: Georges River Council, 2018

68. Second Step - The part of the property, that the views are obtained (eg protection of views across side boundaries is more difficult than the protection of views from front or rear boundaries). Standing view or view from sitting position. Expectation to retain side views and sitting views is often unrealistic.

69. Comment: 34 Benwerrin Avenue obtains views from the rear and across the side boundary. The water view is from the ground floor with the water views available from both sitting and standing positions. The proposal will retain most of the direct whole water views to Kogarah Bay, but may result in the loss of views to the park. It is considered that the views of the park are already restricted by trees both on private and public property and potentially may be further obstructed with the planting of additional trees.

70. The proposed development is stepped into the natural contours of the site and is located well below the objecting neighbour’s property.

71. Third Step - Extent of the impact / whole of the property, not just for the view that is affected. Impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued as more time is likely to be spent in kitchens).

72. Impact may be assessed quantitatively, or qualitatively (it is usually more useful to assess the view loss this way as negligible, minor, moderate, severe or devastating).

73. Comment: The proposal will mainly impact on the view from the pool area of the uphill property and not from the lower level of the dwelling), as shown in the following photos. It is considered unacceptable to retain a view from an outdoor area.

View from the rear pool area of 34 Benwerrin Avenue towards Kogarah Bay Source: Site Inspection Photo

View from the lower level living area of 34 Benwerrin Avenue towards Kogarah Bay Source: Site Inspection Photo

74. Overall the proposal is considered have ‘minimal’ loss of views, because most of the existing water views from this neighbouring property is retained.

75. Fourth Step - Reasonableness of the proposal that is causing the impact. Compliance with all planning controls would be more reasonable than one that breaches them;

a) Impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable,

b) Complying proposal, to determine whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours/ if not, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

76. Comment: The proposal has been designed to maintain the existing water views of the uphill property and is considered to be acceptable. The proposal in its current form complies with the majority of planning controls, including the overall building height and FSR as specified in KLEP2012 and complies with the 8.5m building height in the KDCP2013. Overall the proposal is not considered to result in any unreasonable impacts on views to Kogarah Bay.

Dual Occupancies (Attached)

77. The development complies with Council controls requiring that dual occupancies are provided with similar rear setbacks and take account of the building form of adjoining dwellings.

78. It is noted that the proposal does not comply with Control 2.1 (9) of the KDCP2013 which stipulates that attached dual occupancies should not have central garages or driveways. This non-compliance is considered acceptable as the garage doors have been setback 1.35m from the front building line located above, whilst the selection of materials appear to be of high quality and complement the remainder of the building façade. Accordingly, the garage is not a dominant feature nor does it detract from the building façade.

79. Furthermore, the width of the central driveway has been significantly reduced from 6.82m as per the original plans to 5.08m, ensuring compliance with Control 2.1 (5) which requires no more than one-third of the width of the frontage of the property to be used for driveways. Proposed landscape planting on either side of the driveway softens its appearance, whilst its combined nature ensures the development presents as a single dwelling building, rather than a dual occupancy. By combining the driveway, it is also argued the overall amount of pervious area within the front setback is reduced.

Section 7.11 Contributions

80. The proposed development requires the payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979. An appropriate condition of consent is contained in the recommendation below.

Likely Impacts of the Development

Natural Environment

81. The proposed development will not result in any significant adverse impacts to the natural environment. It is noted that no vegetation is proposed to be removed.

82. A landscape plan prepared by a landscape architect has been submitted with the application. The plan shows that suitable planting will be introduced.

Built Environment

83. The proposal is not considered to have any adverse impacts on the built environment. It complies with all key controls and will achieve a built form that is consistent with the applicable planning framework and the surrounding built form.

Social Impact

84. The proposal will not give rise to adverse social impacts. It provides for the addition of one (1) dwelling within the Georges River LGA on the lot. As such, the development will provide more housing choice to meet the needs of the community, which is considered to be beneficial in terms of social impacts.

Economic Impact

85. The proposed development is not considered to generate any adverse economic impacts.

Suitability of the Site

86. The proposed development is of a scale and design that is suitable for the site having regard to its size, shape, topography, vegetation and relationship to adjoining developments. This is evidenced by the development’s ability to achieve a high level of compliance with the relevant planning controls.

Submissions Received

87. A total of six (6) submissions have been received in relation to this DA.

88. The DA as originally submitted was notified in accordance with Council’s requirements under KDCP2013 on 20 April 2018 for 14 days and received three (3) submissions objecting to the proposal.

89. The amended plans submitted by the applicant were renotified by Council on 30 July 2018 for 14 days. A further three (3) submissions were received, of which two (2) were from objectors that lodged a submission during the original notification period.

90. The submissions have been summarised and discussed below.

91. Character - The majority of submissions cited the general bulk and scale of the development as concerning, suggesting that it will dominate and degrade the streetscape. It was stated that dual occupancies are out of character with the area, will set a precedent, and the development should not be permitted on this basis.

92. Officer Comment: The subject site is zoned R2 Low Density Residential. Within this zone, the KLEP2012 permits dual occupancies are permitted with consent. As such, the form of development being proposed is consistent with the desired future character for the local area.

93. The bulk and scale of development is largely controlled by Council’s FSR and building height development standards under the KLEP2012. As demonstrated within this assessment report, the proposal achieves compliance with both of these development standards.

94. The proposal has also been assessed to be generally compliant with the KDCP2013 controls relating to bulk and scale. Where there have been variations, these have been minor, such as in the form of 300mm window projections and an exceedance in the ceiling height which is largely due to the sloping nature of the subject site. These variations have been identified as inconsequential in terms of their impact to adjoining property, and largely indiscernible when viewing the property from either the public domain for adjoining private property.

95. The development is suitable in this regard.

96. Parking - Multiple submissions have stated that the development does not provide a sufficient number of car parking spaces whilst citing the already strained on-street parking as a cause for concern.

97. Officer Comment: In accordance with the KDCP2013, a dual occupancy development is to be provided with 1.5 car parking spaces per dwelling. The dual occupancy is provided with four (4) car parking spaces, exceeding the minimum requirement by one (1) space.

98. Pursuant to section 4.15(3A) of the Act, so long as compliance with the development control plan is achieved, Council cannot require more onerous standards. It is considered that exceeding the minimum requirement for on-site parking will minimise the potential for on-street parking and the development is reasonable in terms of car parking provision.

99. Landscaping - One submission has asserted that the development will reduce the ability of the site to be substantially planted with trees, citing the need to retain native vegetation within the local area.

100. Officer Comment: The proposal does not involve the removal or any vegetation whilst the minimum deep soil area specified by KDCP2013 Control 1.3 (1) at 15% of site area has been well exceeded with 23.5% proposed. The application proposes one tree within the front setback with a mature height of 10.0m whilst the turfed area to the rear provides opportunity for further planting of significant trees if desired.

101. Once again, pursuant to section 4.15(3A) of the Act, so long as compliance with the development control plan is achieved, Council cannot require more onerous standards.

102. Privacy Issues - It has been suggested that the rear windows from the first floor bedrooms will be provided within views to adjoining properties, resulting in unreasonable privacy impacts.

103. Officer Comment: Although it is recognised that the first floor bedrooms located to the rear of the dwellings comprise floor to ceiling glass windows, no adverse privacy impacts are anticipated to occur. Privacy screening has been installed across all of the ‘of concern’ windows that reduce visibility to the rear, whilst window surrounds reduce the ability for oblique views into the rear private open space areas of the properties adjoining the side boundaries.

104. It is also noted that the floor level of these bedrooms at RL16.95 is approximately 4.5m lower than the floor level of the property to the rear at RL21.60. Any concern is further reduced noting the approximately 30.0m distance between the bedroom windows and dwelling to the rear. Furthermore, privacy measures throughout the proposal have been assessed as sufficient noting the use of highlight windows, screening devices, and landscape screening where appropriate.

105. Loss of Views - It has been asserted by a submitter that the proposal will significantly reduce views to Kogarah Bay from Benwerrin Avenue.

106. Officer Comment: Contained earlier in this assessment report is a four (4) step assessment which has been undertaken having regard to the View Sharing – Planning Principle established under Tenacity Consulting v Warringah [2004] NSWLEC 140.

107. The outcome of this assessment has determined the proposal will not result in any unreasonable view loss.

108. Rock wall on rear boundary – The adjoining property owner at 34 Benwerrin Avenue has raised concern with potential damage to property, including an existing rock wall along the boundary, and also the adjacent swimming pool structure which are sensitive to development at the rear boundary of the subject site.

109. Officer Comment: The proposal includes a new landscaped rear setback that will involve some excavation to improve the grade of the rear yard. This excavation will be up to 1.2m, but will be setback 1.2m from the rear boundary with the adjoining property at 34 Benwerrin Avenue, Carss Park.

110. The excavation for the footings of the associated retaining wall will exceed a depth of 1.2m, and be within 1m of the rear boundary.

111. Given the location of the retaining wall, and swimming pool structure within close proximity of the rear boundary, it is considered reasonable that a professional engineer specialising in structural or geotechnical engineering prepare pre-construction and post-construction dilapidation reports for 34 Benwerrin Avenue. Conditions of consent requiring these reports have been recommended in this regard.

View of the rock wall between the subject site and the objector’s property to the rear at 34 Benwerrin Avenue, Carss Park. Source: Site Inspection Photo

Referral Comments

112. The DA has been referred to officers within Council for comment, as discussed below.

113. Drainage Engineer: Has considered the proposal in terms of stormwater disposal and raised no objection subject to imposition of appropriate conditions of consent.

114. Building Surveyor: Has considered the proposal in terms of compliance with the National Construction Code, and advised that the proposal is satisfactory subject to conditions of consent.

Conclusion

115. The application has been assessed against having regard to the matters of consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979, including the provisions of any environmental planning instrument, any proposed instrument and any development control plan.

116. The application seeks approval for demolition of existing structures and construction of an attached three storey dual occupancy (attached) building with a swimming pool in each lot.

117. The likely impacts of the development, along with the suitability of the site, any submissions made in relation to the proposal and the public interest have been evaluated.

118. The proposed development is generally consistent with all relevant requirements and the application is recommended for approval, subject to suitable conditions of development consent.

119. 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.

Determination

120. 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 DA2018/0124 for demolition of existing structures and construction of an attached three storey dual occupancy (attached) building with a swimming pool in each lot at Lot 187 DP 12759 and known as 13 Allawah Avenue, Carss Park, subject to the conditions below:

SECTION A – GENERAL CONDITIONS

1. 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	DA202	12.07.2018	B	Robert Ursino Design
Lower Ground Floor Plan	DA301	12.07.2018	B	Robert Ursino Design
Ground Floor Plan	DA302	12.07.2018	B	Robert Ursino Design
First Floor Plan	DA303	12.03.2018	A	Robert Ursino Design
Roof Plan	DA304	12.03.2018	A	Robert Ursino Design
Front Fence Elevation	DA501	12.07.2018	B	Robert Ursino Design
North-East Elevation	DA502	12.07.2018	B	Robert Ursino Design
South-West Elevation	DA503	12.07.2018	B	Robert Ursino Design
North-West Elevation	DA504	12.07.2018	B	Robert Ursino Design
Construction Management Plan	DA702	12.07.2018	B	Robert Ursino Design
Materials / Window Schedules	DA902	12.03.2018	A	Robert Ursino Design
Stormwater Plans	171011-H1	22.03.2018	1	Tall Ideas Pty Ltd
Landscape Plan	DA L-01	21.03.2018	C	Ecodesign
Statement of Environmental Effects	-	March 2018	-	CivitasUrban
Waste Management Plan	-	March 2018	-	Robert Ursino Design

SEPARATE APPROVALS REQUIRED UNDER OTHER LEGISLATION

2. Section 138 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) For storing waste containers or skip bins;

(b) Erecting a structure or carrying out work

(d) Pumping concrete from a public road;

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

(f) Constructing a vehicular crossing or footpath;

(g) Establishing a “works zone”;

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

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

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

(k) 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.

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.

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.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Sydney Water – Tap in - 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.

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/Subdivision Certificate.

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 S94 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
Contributions
Kogarah Section 94 Development Contributions Plan No.1 – Roads and Traffic Management – Residential	$28.70
Kogarah Section 94 Development Contributions Plan No.5 – Open Space 2007	$11,285.69
Kogarah Section 94 Development Contributions Plan No.9 – Kogarah Libraries – Buildings	$378.27
Kogarah Section 94 Development Contributions Plan No.9 – Kogarah Libraries – Books	$269.70
TOTAL CONTRIBUTIONS PAYABLE	$11,962.36

General Fees

Development Contributions

The Section 94 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 94A contribution has been levied on the subject development pursuant to the GRC 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

A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville and 2 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:

(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.

11. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 883407S and 883524S must be implemented on the plans lodged with the application for the Construction Certificate.

12. 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.

13. Service Utilities – Land Subdivision Only - Arrangements shall be made to the satisfaction of all Service Utility Authorities in respect to the services supplied by those authorities to the development. All services to any future dwellings erected on the site shall be underground.

14. Erosion and 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.

15. 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).

16. 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.

(a) peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden,

(b) at Annual Recurrence Intervals of 2 years and 100 years.

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

"BEWARE: This is an on-site detention basin/tank for rainwater which could overflow during heavy storms."

Full details shall accompany the application for the Construction Certificate.

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

19. Compliance with Swimming Pool Act 1992 - The alterations and additions to the dwelling house and/or the construction of the new dwelling house subject of this consent must not generate any non-compliances with the Swimming Pools Act 1992, Swimming Pool Regulation 2008, Building Code of Australia and/or AS 1926.1-2007 – Swimming Pool Safety. Details of compliance to be illustrated on the plans lodged with the application for the Construction Certificate.

20. 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.

21. Swimming Pools – Use and Maintenance - The following apply to the construction, use and maintenance of swimming pools and spas:

(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.

22. 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).

23. 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.

24. Pre-Construction Dilapidation Report – Private Land - A professional engineer specialising in structural or geotechnical engineering shall prepare a Pre-Construction Dilapidation Report detailing the current structural condition of adjoining premises including but not limited to:

(a) All neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer; and

(b) 34 Benwerrin Avenue, Carss Park

The report shall be prepared at the expense of the applicant and submitted to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate.

PRIOR TO COMMENCEMENT OF WORKS

25. 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.

26. 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.

27. 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

28. 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.

29. 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.

30. 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 applicants expense.

DURING CONSTRUCTION

31. 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.

32. 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.

33. 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.

34. 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 drainage system.

35. 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.

36. 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.

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

38. 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).

39. Excavation works near tree to be retained - Excavation around the tree/s to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not be adversely affected.

Where the Tree Protection Zone 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.

PRIOR TO AN OCCUPATION CERTIFICATE

40. 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.

41. 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.

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

43. 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.

(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.

44. 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.

45. Notice to Council – Allocation of street addresses - Prior to the issue of any Occupation Certificate, ‘as-built’ drawings detailing the installed and allocated street address and numbering must be submitted to the satisfaction of Council.

46. 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 supplied to Council detailing:

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

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

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

(d) Pipe invert levels and surface levels to Australian Height Datum;

(e) Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits.

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

(a) All neighbouring buildings likely to have been affected by the excavation as determined by the consulting engineer.

(b) 34 Benwerrin Avenue, Carss Park.

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

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

ONGOING CONDITIONS

48. 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.

49. 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.

50. Design of gates - Any approved gates shall not swing outwards into adjoining public areas.

51. Private Swimming Pools & Spas – Pump Noise - The swimming pool/spa pump and associated equipment must be located so that the noise emitted does not exceed 5dB(A) above the background level. If this cannot be achieved, a ventilated and sound-proofed enclosure must enclose the pump to achieve the required noise levels.

Swimming pool is to be installed with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

(a) before 8 am or after 8 pm on any Sunday or public holiday, or

(b) before 7 am or after 8 pm on any other day.

52. 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.

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

Flashing, moving or intermittent lights or signs are prohibited.

54. 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.

OPERATIONAL REQUIREMENTS UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

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

56. 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:

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

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

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

57. 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.

58. 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.

59. 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.

60. 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.

PRESCRIBED CONDITIONS

61. Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

62. Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

NOTE: The following matters are to be addressed as part of the preparation of plans for the Construction Certificate

· Light and Ventilation is to be provided to the internal powder rooms, and ensuite at ground floor level in accordance with the requirements of Part 3.8.4 & 3.8.5 of the Building Code of Australia (BCA). In this regard specific details are to be submitted to indicate the intended method of compliance prior to the issue of a Construction Certificate.

· Laundry facilities are to be provided within each dwelling in accordance with the requirements of Part P2.4.3 and Part 3.8.3.2 of the BCA. In this regard specific details are to be submitted to indicate the intended method of compliance prior to the issue of a Construction Certificate.

· The proposed swimming pools are to be fenced and constructed in accordance with the Swimming Pools Act, 1992, the Swimming Pools Regulation 2008 and the BCA Housing Provisions (Volume 2). In this regard specific details are to be submitted to indicate the intended method of compliance prior to the issue of a Construction Certificate.

· The separating wall between the two dwellings is to comply with the requirements of Part 3.7.1.8 of the BCA. In this regard specific details are to be submitted to indicate the intended method of compliance prior to the issue of a Construction Certificate.

ADVICES

63. 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.

64. 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.

65. 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

66. Access to NSW Legislations (Acts, Regulations and Planning Instruments) - NSW legislation can be accessed free of charge at www.legislation.nsw.gov.au

67. 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.

68. Disability Discrimination Act - This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which refers to AS1428.1-Design for Access and Mobility.

69. 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.

70. 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. (i.e. 2012/DA DA2017/0661) 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.

71. 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.

72. 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).

73. 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

74. Torrens Title Subdivisions

(a) The Section 73 Certificate required must be a separate certificate for this development consent. Any other Section 73 Certificates (e.g. for the construction of the building) cannot be accepted to approve the Subdivision Certificate.

(b) A Subdivision Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Subdivision Certificate have been complied with.

(c) Council will check the consent conditions on the relevant subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

(d) Plans of subdivision, Administration Sheets, 88B Instruments and copies must not be folded.

(e) All Subdivision Plans, Deposited Plan Administration Sheets and Section 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

(f) A Subdivision Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Subdivision Certificate have been complied with.

75. Electricity Supply - This development may need a connection to the Ausgrid network which may require the network to be extended or its capacity augmented. You are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services) for further details and information on lodging your application to connect to the network.

76. Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering must detail how Council’s property shall be supported at all times.

ATTACHMENTS

Attachment ⇩1	Site plan - 13 Allawah Ave Carrs Park
Attachment ⇩2	South West Elevation Plan - 13 Allawah Ave Carss Park
Attachment ⇩3	North West Elevation Plan - 13 Allawah Ave Carss Park
Attachment ⇩4	North East Elevation Plan - 13 Allawah Ave Carss Park
Attachment ⇩5	South East and Front Fence Elevation - 13 Allawah Ave Carss Park
Attachment ⇩6	Perspective Plan - 13 Allawah Ave Carss Park

Georges River Council – Local Planning Panel Friday, 5 October 2018

Page 110

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Friday, 05 October 2018

LPP Report No	LPP045-18	Development Application No	DA2017/0323
Site Address & Ward Locality	48-50 Bellevue Parade Allawah Kogarah Bay Ward
Proposed Development	Demolition of existing dwelling and relocation of the two (2) storey modular classroom building from 51-69 Woids Avenue, to the subject site for educational purposes
Owners	St George Christian School
Applicant	DFP Planning
Planner/Architect	DFP Planning
Date Of Lodgement	16/08/2017
Submissions	Thirteen (13) individual submissions of objection have been received including 2 petitions with 37 and 45 signatures in each.
Cost of Works	$715,000.00
Local Planning Panel Criteria	Development has received greater than 10 submissions
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy- (Education Establishments and Child Care Facilities), State Environmental Planning Policy (Vegetation in Non Rural Areas) 2017, Deemed State Environmental Planning Policy – Georges River Catchment
List all documents submitted with this report for the Panel’s consideration	Architectural Plans
Report prepared by	Development Assessment Officer

Recommendation

THAT the application be approved subject to 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?

Yes – FSR non-compliance, however it is no longer applicable. See detail in report.

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. The proposal involves the demolition of the residential dwelling on site and the relocation of the two (2) storey modular classroom building from 51-69 Woids Avenue, to 48 Bellevue Parade for educational purposes. More specifically, the proposal includes:

· Demolition of the residence and garage at the site including removal of three (3) trees.

· Use of 48 Bellevue Parade for the purposes of an educational establishment.

· Relocation of the two (2) storey modular classroom building from 51-67 Woids Avenue, to the site.

· Vehicle access and existing parking retained.

· Landscaping to the site.

· Lighting, fencing, gates and identification signage.  

The application does not seek to increase student numbers for the school.

Figure.1 – Proposed South West Elevation – Facing Bellevue Avenue.

THE SITE AND CONTEXT

2. The St George Christian School (SGCS) Campus (years 3 to 12) is located at 51-69 Woids Avenue (also known as 70 Bellevue Parade, Hurstville) and 50, 56 and 58 Bellevue Parade, Allawah The SGCS infants school (K-2) is located on a separate campus at Sans Souci.

The proposed development is to be undertaken on land at 48-50 Bellevue Parade and 51-69 Woids Avenue. The site is irregular in shape and has an easterly aspect. The site slopes approximately 8% from Bellevue Parade to the lowest point at the corner of Church Lane and Woids Avenue.

Currently existing at 48 Bellevue Parade is a single storey brick dwelling house with associated outbuildings and concrete parking space. Currently located at 50 Bellevue Parade are two single storey demountable building with associated pathways, outdoor learning area, parking spaces and landscaping works.

Vehicular access is provided from Bogie Lane and Church Lane. Ground level staff car parking is located within the central portion of the site, and basement parking is provided from Church Lane. Existing vegetation is concentrated primarily along the Woids Avenue and Bellevue Parade frontages.

BACKGROUND

3. The following relevant background is provided with respect to the proposal:

· On 16 August 2017, the Development Application lodged with Council.

· From 4September 2017 to 18 September 2017, the application was placed on neighbour notification for a period of 14 days. Eight (8) submissions were received, including a petition, raising a number of concerns which will be discussed in more detail in the later stages of this report.

· On 14 November 2017, the applicant was sent a letter advising that the following issues were to be addressed:

o Floor Space Ratio - The proposal does not comply with the floor space ratio development standard as prescribed by clause 4.4 of Kogarah Local Environmental Plan 2012. The two (2) storey classroom building has a floor space ratio (FSR) of approximately 0.86:1 based on the site area of the residentially zoned portion of the site. This far exceeds the 0.55:1 FSR standard that applies. A variation of this magnitude would be difficult to justify based on the threshold tests in clause 4.6 of the local environmental plan.

o Visual Privacy - The significant number of windows on the northwest elevation of the classroom building together with their relatively low sill heights will give rise to unreasonable adverse visual privacy impacts upon the immediately adjoining residential property. To mitigate these impacts, consideration should be given to the inclusion of privacy screens adjacent to these windows so as to prevent direct viewing into the windows and rear yard of the existing dwelling house on the adjoining property at 46 Bellevue Parade. Consideration should also be given to an increased side boundary setback from the common boundary shared with 46 Bellevue Parade.

o Aural privacy - The siting of the air conditioning condenser units within the setback to the north western side boundary of the site will potentially give rise to unreasonable aural privacy impacts upon the immediately adjoining residential property at property 46 Bellevue Parade.

To mitigate these impacts, consideration should be given to the relocation of these units to the south eastern side of the building or some other alternative location well away from surrounding residents.

o Reflectivity - Details of the solar absorbance level of the external cladding of the walls of the classroom building are required, with a view to demonstrating that these walls will not reflect excessive glare and heat to the detriment of the adjoining properties, particularly 46 Bellevue Parade.

· On 12 January 2018, amended plans and supplementary information were submitted by the applicant. A brief summary of the design amendments are as follows:

o Clause 4.6 variation submitted to vary the FSR development standard.

o Relocation of the air conditioning condensers away from the side boundary and located to the front of the building, behind the landscaping.

o Fixed horizontal privacy louvres added to the NW façade to prevent overlooking of the adjoining property.

o Additional landscaping to be planted along the north western boundary to screen the building and will assist in mitigating any potential reflectivity.

Whilst a Clause 4.6 request for variation was submitted with respect to the exceedance of the floor space ratio, exceeding the maximum FSR of 0.55:1 which applies to the land within R2 Low Density Residential zone. At the time of lodgement, the FSR was identified to be 0.86:1 for the property at No 48 Bellevue.

However, subsequently, there has been an allotment amalgamation between No 48 Bellevue (zoned R2) and No 50 Bellevue (zoned SP2 – Special Uses Educational Establishments). Although there is a FSR applicable to the land zoned R2 Low Density Residential, there is no FSR applicable to the land zoned SP2 – Special Uses.

A calculation has been undertaken for the FSR applicable on the new allotment size after the site amalgamation between No 48 and No 5 Bellevue Avenue has occurred. The resulting FSR is now 0.53:1 which complies with the maximum 0.55:1 that would apply to the R2 Low Density zone. Accordingly, this eliminates the need for a clause 4.6 request to vary a development standard.

The amended plans were re notified for a period of fourteen (14) days. During this time additional submissions were received and have been addressed in this report.

COMPLIANCE AND ASSESSMENT

4. The following is an assessment of the application with regard to Section 4.15 of the Environmental Planning and Assessment Act 1979.

(1) Matters for consideration – general

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

(a) the provision of:

(i) any environmental planning instrument,

Figure 2. – Zoning map of the site and surrounds under KLEP 2012

Development Control Table – KLEP 2012

Clause	Standard	Proposal	Complies
1.2 – Aims of the Plan	In accordance with Clause 1.2 (2)	Consistent with the aims of the plan.	Yes
2.3 - Zone objectives and Land Use Table	Development must be permissible with consent	No.48 Bellevue Parade is zoned R2 under the LEP. No.50 Bellevue Parade is zoned SP2 Educational Establishment under the LEP. An Educational establishment is permitted with consent on the site pursuant to the education and child care SEPP Clause 35(1).	Yes
4.3 – Height of Buildings	9m - No.48 N/A – No.50	8.8m consolidated.	Yes
4.4 – Floor Space Ratio	0.55:1 – No.48 N/A – No.50	0.53:1 consolidated.	Yes
5.10 – Heritage Conservation	Must consider the effect of the proposed development on the heritage significance of the item concerned.	The subject site is located in close proximity to a heritage item listed in Schedule 5- Environmental Heritage. See discussion below.	Yes
6.1 – Acid Sulfate Soils	Requires consideration of an acid sulphate soils (ASS) report if mapped as ASS	The site is affected by Class 5 Acid Sulfate Soils. See discussion below.	Yes
6.2 – Earthworks	Subject to the matters under clause 6.2(3)	The proposed earthworks are considered acceptable having regard to the provisions of this Clause.	Yes
6.3 – Flood Planning	Applies to land identified as flood planning area on the flood planning map	The site has been identified as being flood affected. See discussion below.	Yes

Clause 5.10 – Heritage

5. 51 – 63 Woids Avenue Allawah is identified as a local heritage in Schedule 5 of the Kogarah LEP 2012 being the ‘Former Congregational Church’. The heritage item is a small component of the site located towards the Woids Avenue frontage.

The proposed works provide for the relocation of an existing classroom building which is located approximately 20m to the north of the subject heritage building. The existing footprint of the relocated classroom is proposed to be turfed and landscaped, and it is considered that the nature of these works will have negligible impact on the heritage value of the site. The works proposed to be undertaken on adjoining land are adequately separated from the heritage item in terms of distance and existing built form so that no additional heritage impacts will be generated. The proposed development is unlikely to result in any detrimental impacts to the heritage value or significance of the heritage item.

State Environmental Planning Policy (Infrastructure) 2007

6. The aim of this Policy is to facilitate the effective delivery of infrastructure across the State.

Division 3 of Part 3 of the Infrastructure SEPP relates to Educational Establishments. Clause 28 of the Infrastructure SEPP states (in part) the following:

28 Development permitted with consent

(1) Development for the purpose of educational establishments may be carried out by any person with consent on land in a prescribed zone.

(1A), (1B) (Repealed)

(1C) Development for a purpose specified in clause 31A (1) may be carried out by any person with consent on land on which there is an existing school or TAFE establishment.

(2) Development for any of the following purposes may be carried out by any person with consent on any of the following land:

(a) development for the purpose of educational establishments—on land on which there is an existing educational establishment,

(b) development for the purpose of the expansion of existing educational establishments—on land adjacent to the existing educational establishment.

Pursuant to Clause 27 of the SEPP, the R2 Low Density Residential zone is identified as a prescribed zone. The site is zoned part SP2 Educational Establishment and Part R2 Low Density Residential under Kogarah Local Environmental Plan 2012.

Educational establishments are permissible with consent in the SP2 Zone but are not identified as a permissible use in the R2 zone under Kogarah LEP 2012. However, pursuant to Clause 28 of the Infrastructure SEPP, educational establishments are permissible with consent on land zoned R2.

Clause 32(2) requires a consent authority to take into consideration all relevant standards in the following State government publications (as in force on the commencement of this Policy) prior to determining a development application:

(a) School Facilities Standards—Landscape Standard—Version 22 (March 2002),

(b) Schools Facilities Standards—Design Standard (Version 1/09/2006),

(c) Schools Facilities Standards—Specification Standard (Version 01/11/2008).

The Schools Facilities Standards have been superseded by the Education Facilities Standards Guidelines (EFSG), however SEPP Infrastructure has not been revised to reflect this change. Notwithstanding, this application has been prepared having regard to the EFSG and is acceptable.

State Environmental Planning Policy (Education Establishments and Child Care Facilities)

7. The SEPP commenced on the 1 September 2017 but contains savings and transitional provisions under Schedule 5. The relevant clauses and provisions are:

Cl.1(1) This Policy does not apply to or in respect of the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of this Policy”.

In this instance, the Policy does not apply to this development as the application was made but not determined prior to the commencement of this SEPP. In any regards, the proposal is not inconsistent with the objectives and provisions of this SEPP.

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

8. The Vegetation SEPP regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.

The Vegetation SEPP applies to clearing of:

1. Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and

2. Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP).

The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable DCP.

There are references in the applicable DCP to maximising tree retention in any development proposal and the issue is addressed through consideration of the proposed built form and the proposed landscaping works that are to be undertaken on site.

Deemed State Environmental Planning Policy – Georges River Catchment

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

Draft Environment SEPP

10. 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.

Kogarah Development Control Plan 2013 (KDCP 2013)

11.

B1 - Heritage Items and Heritage Conservations Areas

As has been discussed above in relation to heritage conservation, the nature of the works will have negligible impact on the heritage value of the site.

B4 - Parking and Traffic

This application does not seek to increase student numbers for the school and nor will it generate any additional traffic movements. The current parking is for three spaces accessed via Bogie Lane. Additional parking is provided at the main school site at 51-69 Woids Avenue. The current parking is considered adequate for the scale and intensity of the use at the site.

B5 - Waste Management and Minimisation

The proposal will generate some additional waste associated with the construction phases of the development. The proposal will not however generate any additional ongoing waste from the site. A waste management plan has been prepared in accordance with section B5 of the KDCP 2013 which addresses the demolition and construction related waste and outlines sufficient measures to manage and minimise any waste materials.

B6 - Water Management

The proposal provides for the installation of 10,000L OSD tank, and a 5,000L rainwater tank for onsite reuse. Guttering and downpipes are proposed to connect to a new stormwater pit draining to Council’s existing network in Bellevue Parade. The proposed stormwater management measures are largely consistent with the provisions of Part B6 of the DCP and the provisions of Council’s Water Management Policy.

C1 – Low Density Residential

The proposed development has a direct interface with adjoining low-density development. Appropriate setbacks and design controls have been provided which ensure appropriate interface is maintained between adjoining developments.

C1.1.1 - Streetscape Character

The proposed development is consistent with the one to two-storey character and scale of this section of Bellevue Parade. The proposed pitched roof and site landscaping works will ensure that the proposal is not dominant as viewed from the street, and does not interrupt the rhythm of the streetscape. Landscape screen planting is to be provided along the permitter of the site.

C1.5 – Privacy

Part C1.5 outlines controls relating to visual and acoustic privacy for residential development. The proposal provides for a building setback of 3m to the boundary with 46 Bellevue Parade and 3.1m to the boundary line with 52 Bellevue Parade. Privacy landscaping works are proposed along the boundary with 46 Bellevue Parade with the existing colorbond fence to be retained. The existing vegetation along with the boundary with 52 Bellevue Parade is proposed to be retained

The upper level windows of the relocated classroom building have been sited to avoid overlooking into neighbouring windows. Two windows of the proposed GLA 5 will overlook the private open space of number 46 Bellevue Parade. The provision of privacy screens to the north elevation windows has been provided. In this regard, the proposal will not result in any unacceptable impacts on the visual privacy of adjoining properties.

In terms of acoustic privacy, the site of the proposed classroom relocation will not be used for outdoor play space. Amended plans were received which relocated the air conditioning condensers away from the side boundary and located to the front of the building, behind the landscaping. Further, the numbers of condensers were also reduced.

The proposal is unlikely to result in any unacceptable impacts on the acoustic privacy of adjoining properties.

C1.6 – Solar Access

The DCP requires that at least 50% of the neighbouring existing primary private open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am–3pm on 21 June. Shadow diagrams at 3 hourly intervals were provided showing that the proposed development is compliant with the relevant overshadowing controls and will not unacceptably impact adjoining properties at 46 and 52 Bellevue Parade.

SECTION 7.12 CONTRIBUTIONS

12. The proposed development requires the payment of Section 7.12 (previously Section 94A) contributions under the provisions of Council’s document titled “Section 94A Contributions Plan 2017”. Contributions under Section 7.12 of the Environmental Planning and Assessment Act 1979 are applicable based on the estimated cost of development which in this instance is 1% for $200,001 or more. Section 7.12 contributions for this development equate to $7,150 based on the estimated cost of development of $715,000 as indicated on the applicant’s DA form.

IMPACTS

13. Following is an assessment of the proposal against Section 4.15(b) ‘likely impacts of the development’ of the Environmental Planning and Assessment Act 1979.

Overshadowing

14. There are no specific solar access controls for the type of development proposed.

In relation to overshadowing and solar access, Kogarah Development Control Plan 2013 provided general controls in relation to overshadowing and solar access for other forms of development predominately of a residential scale which seeks to maintain an appropriate level of amenity:

The solar access requirements in the DCP are:

‘Where the neighbouring properties are affected by overshadowing, at least 50% of the neighbouring existing primary private open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am–3pm on 21 June’.

NBRS Architects have prepared a shadow analysis illustrating the shadow impact of the proposal at hourly intervals in midwinter, the September equinox and the Summer solstice.

The submitted shadow diagrams demonstrate compliance with Part C1 – Low Density Residential Clause 1.6 Solar Access in terms of overshadowing in particular on the privacy open space and main living areas of the dwelling at 46 and 52 Bellevue Parade.

The shadow diagrams show that at the winter solstice, the shadows from the proposed development will fall mainly on the front yard area and street (at 9am); on the front yard area (at 12noon), and only begin to affect the rear yard area of 48 and 52 Bellevue Parade between 12noon and 3pm. It is considered that the rear yard area of the adjoining properties will receive at least 3 hours of sunlight, thus complying with the provisions of DCP 2013.

Visual and Acoustic Privacy

15. The outlook from adjoining dwellings to the site will change as the site is to be redeveloped from its former residential use to an educational establishment. A number of design measures have been introduced in order to try and soften the visual scale of the development when viewed from the neighbouring properties. These include:

· Increase in setbacks to adjoining properties.

· Increase in buffer landscape planting around the perimeter of the site.

· Re-location of air conditioning units.

· Provision of privacy screens to first floor windows overlooking neighbouring private open space.

It is considered that these changes have adequately resulted in a reduction in potential visual and privacy impact to a level which is not considered unreasonable given the scale of the development and location. An acoustic assessment was not required to support the application given the building will only be occupied during school hours and is not to be used for outdoor recreational activities. Further the building is only to be used for low noise activities such as maths and english lessons. This will be conditioned to ensure compliance.

The following conditions will be imposed to ensure visual and acoustic privacy is maintained.

· Noise from Premises outside Operation Hours: No scheduled activities are to operate outside operation hours aside from parents and teacher’s meetings, which will occur once each term between the hours of 5pm and 8pm.

· No outdoor school activities are to be permitted on site.

· Point of Contact and Management of Noise Complaints: A Noise Management Policy is to be developed by the school. The Noise Management Policy shall formalise the school’s objective as good neighbours and willingness to communicate with its neighbours, and informing the neighbours of future activities and events likely to increase noise levels at the residence. Neighbouring residents shall also be provided with a name and contact number of a school staff member who could be contacted in the event of a noise issue.  

· The building is not be used for drama, music classes etc. that will generate significant noise.

View Corridors / View Sharing

16. There are considered to be no significant views to and/or from the site and the surrounds that would be adversely affected by the application.

Traffic Generation and Parking

17. This application does not seek to increase student numbers for the school and nor will it generate any additional traffic movements. The current parking is for three spaces accessed via Bogie Lane. Additional parking is provided at the main school site at 51-69 Woids Avenue. The current parking is considered adequate for the scale and intensity of the use at the site.

Intensity of Use  

18. The proposal will intensify the use of the land, though in so far as the use is permissible, and presents an appropriate density, height, bulk and scale, it is considered satisfactory.

Development surrounding the subject site reflects the low to medium density residential zoning it is located within and consists of detached residential dwelling houses and multi-dwelling residential housing ranging in scale from one to two storeys. A number of design and operational measures were introduced as part of this development to try and mitigate any potential impacts to neighbouring developments as a result of the intensification of the site. These include:

· Inset planted privacy screens.

· Privacy screens on first floor windows.

· Buildings are to be air conditioned minimising any loss of acoustic privacy (and reducing noise impacts from the proposal).  

· Recreation and outdoor learning areas are not to be allowed on the site

Social / Economic

19. The proposed development is considered of benefit from a social and economic perspective, providing additional infrastructure to provide for educational needs of a growing population.

Landscaping / Tree Removal

20. This application seeks to remove three (3) existing trees on land at 48 and 50 Bellevue Parade. The proposed landscaping works will more than adequately compensate for the proposed tree removal. The removal of the three trees is unlikely to result in any immediate impacts to streetscape, or to the residential amenity of nearby properties

Suitability of 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, vegetation and relationship to adjoining developments anticipated under the provisions of KLEP 2012.

SUBMISSIONS

22. In accordance with the provisions of Section A2 – Public Notification of KDCP 2013 application was placed on neighbour notification for a period of fourteen (14) days. A total of eight (8) submissions were received which included a submission containing 37 signatures. Following the receipt of amended plans, the application was re notified to adjoining landowners for a period of fourteen (14) days during which time five (5) submissions were received which included a submission containing 45 signatures.

A summary of the submissions received during both notification periods and Council comments are addressed below.

Relocation of demountable by Crane

The objectors are concerned that moving the demountable by crane will result in damage to property and traffic implications.

Comment: The neighbours’ concerns appear to be that the entire demountable building will be moved into the new location by crane, and that the path of the crane will be over neighbouring residential properties.

This is not what is proposed. The process for re-location of the demountable building has been discussed with the applicant who has confirmed that the building will be firstly dismantled at it’s current location (the demountable building in question is currently located in the main grounds of the school, off Woids Avenue) and re-assembled on the new site which is 48 Bellevue Avenue. The components of the building are then to be lifted by crane for installation into the new position on the site.

The applicant would be required to prepare a detailed a Site Management Plan and Construction Traffic Management Plan prior to construction/demolition to mitigate any potential impacts to neighbouring sites. The dismantling and re-assembly of the building can occur without risk of impact on neighbouring properties. Further, a condition will be placed on the consent requesting a Road Closure Application form and associated documents to be submitted to Council for approval at least 5 business days prior to any proposed lane usage for cranes or other activities involved in the construction on the site.

Unsuitable use for the location

The objectors were concerned that the use of a school in this location was unsuitable as the site is surrounded by low to medium density housing.

Comment: As discussed in this report, the sites zoning permits this form of development. While it is noted that an intensification of site will result, numerous design and construction measures have been introduced in order to reduce the level of impact to neighbouring properties. This was discussed in detail in the body of this report.

Further, the adjoining and nearby properties (47-69 Woids Avenue and 50, 56 and 58 Bellevue Avenue) have been used for the purposes of the St George Christian School for over 30 years and in terms of zoning, the proposed development is permissible within the R2 Low Density Residential zone under the provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities).

Traffic Generation, Circulation and Parking

The objectors raised concern to traffic impacts which will result to both the immediate and broader street network. Concern was also raised regarding the inconsistency between this application and another development proposal (DA2017/0657) for the proposed alterations and additions to St George Christian School.

Comment: This application does not seek to increase student numbers for the school and nor will it generate any additional traffic movements. As such, no changes to parking at the site are proposed. It should be noted that a number of amendments have been made to the other application DA2017/0657 regarding car parking and traffic moments. This will be considered to ensure the site is adequate for the scale and intensity of the use.

Overshadowing

The drawings for this DA do not incorporate the structures proposed as part of DA2017/0657. In particular, the shadow diagrams for this DA (DA2017/0323) do not illustrate the extent to which the proposed four-storey building on the Woids Avenue property will impact on properties in Bellevue Parade.

Comment: The proposal does not result in any unreasonable overshadowing of the adjoining residential properties and is considered satisfactory. This was discussed in detail in the body of this report.

A number of recent amendments to the submitted plans have been made to DA2017/0657 including reduction in height and increased setbacks to reduce the impact on neighboring properties. A detailed amenity impact assessment will be conducted as part of that DA.

Noise pollution

Noise from the air conditioning and students/teachers on site will generate significant noise issues. An acoustic report should be submitted to support the application. Additional noise control design measures such as double glazing and soundproof fencing should be applied.

Comment: The amended plans have relocated the air conditioning condensers away from the side boundary and located to the front of the building, behind the landscaping. The number of condensers has also been reduced from 15 to 6 larger units. The proposed new location minimises the potential acoustic impacts to the neighbour at 46 Bellevue Parade. It should also be noted that the air conditioning will predominately be used during the daytime.

An acoustic assessment was not required to support the application given the building will only be occupied during school hours and is not to be used for outdoor recreational activities. This will be conditioned to ensure compliance.

Landscaping will be planted along the boundary to screen the building and will assist in mitigating any potential acoustic impacts. A condition will be inserted to ensure the ongoing maintenance of the landscape buffer planting.

As noted earlier in the report, the following conditions will be imposed to ensure visual and acoustic privacy is maintained.

· Noise from Premises outside Operation Hours: There are no scheduled activities outside operation hours at the time of the report aside from parents and teacher’s meetings, which will occur once each term between the hours of 5pm and 8pm. It is expected that no major acoustic disturbances will occur due to parent/teacher meetings.

· The building is not be used for drama, music classes etc. that will generate significant noise.

Zoning anomaly

The contention on page 11 of the SEE that there was an "anomaly" in the zoning of the property at 48 Bellevue Parade is wrong.

Comment: At the time of lodgement the development application was prohibited in the R2 Low Density Residential zone that applies to part of the site. The provisions relating to ‘educational establishments’ in State Environmental Planning Policy (Infrastructure) 2007 had been repealed following lodgement of the development application and no savings or transitional provisions in this policy was in place.

An amendment to the Education SEPP was gazetted on 15 December 2017 making ‘educational establishments’ in the R2 zone permissible. Amongst other matters, new Savings provisions have been made which provide that an application made prior to the commencement of the Education SEPP is to be determined as if Education SEPP had not been made (i.e. the provisions of the Infrastructure SEPP would not have been repealed.) Therefore the permissibility issue is overcome.

Setbacks

The setbacks do not meet the controls under Kogarah DCP or Education SEPP.

Comment: The proposed development will have the following setbacks:

- 3m to the northern boundary (46 Bellevue Parade);

- 3m to the southern boundary (52 Bellevue Parade) as existing;

- 5.2m to Bogie Lane; and

- 4m to Bellevue Parade.

As noted above the provisions of the Education SEPP do not apply as the application was made but not determined prior to the commencement of this SEPP. Although the building is not proposed for residential purposes, the proposal has taken into account the setback controls under Kogarah DCP. The proposal meets the side setbacks, however a minor variation is sought to the rear setback as 6m is required with only 5.2m proposed to Bogie Lane. This is considered acceptable taking into account a majority of sites in the streetscape contain a detached garage built to the rear boundary line. Further, Boogie Lane separates the site from residential properties to the rear which mitigates any amenity impact from the reduced setback.

Height of the building

The height of the demountable is much higher than can be seen from Bogie Lane in its current location. The height of the demountable not being identified by the applicant in its BCA Analysis, and a Streetscape Character Analysis not having been prepared as required by Annexure 1 to the Kogarah DCP 2013.

Comment: As is shown in the elevations provided, the proposed maximum building height for the relocated building to land at 48 Bellevue Parade is 8.8m above existing ground level. The proposal is therefore compliant with the maximum building height controls under the Kogarah LEP 2012.

Discrepancies in Heritage Impact Statement

There are discrepancies between the heritage impact statements submitted for other applications relating to the school.

Comment: The heritage impact assessments submitted as part of the other applications applying to the school sites will be assessed to determine any detrimental impacts to the heritage value or significance of the heritage item.

Given the separation from the heritage item identified as NO.51-63 Woids Avenue, Allawah and the subject site, a heritage impact statement was not required as part of this application. The works proposed to be undertaken on adjoining land are adequately separated from the heritage item in terms of distance and existing built form so that no additional heritage impacts will be generated. It is therefore noted that the proposed development is unlikely to result in any detrimental impacts to the heritage value or significance of the heritage item.

Use of Temporary Structures on permanent basis

The proposed use of a temporary structure (the demountable) on a permanent basis is not a realistic solution to requirements of either the school or local residents. Further, the building is out of character with the streetscape.

Comment: The application for the demountable has been assessed as a permanent structure and is considered to be in keeping with the streetscape taking into account its scale and built form (see above). Any proposal to change the built form will need to be subject to a new application.

Continued breaches of non-compliance

Concern is raised in the submissions regarding past breaches of previous DA conditions attached to DA93/2010.

Comment: This matter will be followed up with Councils compliance team to ensure the conditions of DA93/2010 have been complied with.

Privacy

Upper floor windows should be no less than 1.5m metres above floor level, or privacy screen should be installed on all upper floor windows so teachers, students cannot look into the houses in accordance with the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

Comment: Privacy screens have been provided along the boundary with No.46 Bellevue Parade to prevent overlooking. The provisions of the Educational SEPP do not apply as the application was made but not determined prior to the commencement of this SEPP. Regardless, it is noted that the upper floor windows on the upper floors will be a minimum of 5m to the boundary of the residential properties to the front and rear and as such do not require privacy screens in accordance with the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

Rainwater Tanks

The location of large water tanks on the boundary with 46 Bellevue Parade detract from the amenity of the adjoining property and detracting from the streetscape.

Comment: The rainwater tanks will be largely screened by landscaping and boundary fencing and as such will not impact the adjoining properties or streetscape.

Street Frontage

The street frontage location of the air conditioning condenser units does not comply with the requirements of provision 4.3 of Kogarah DCP 2013.

Comment: Although the air conditioning units are proposed to be located within the front boundary contrary to Part C Residential Section 4.3 of the Kogarah DCP, they will not be visible from the street as landscaping is proposed along the entire front and side boundary. This non-compliance is considered acceptable given it meets the objectives of the clause.

Processing of the Development Application

The extended time that Council has allowed the applicant to provide information and to submit a development application that complies with all relevant planning instruments is excessive. Further, Council has failed to notify all persons that submitted objections to the DA.

Comment: The amended plans were received shortly after concerns were raised by Council in regard to noise etc. The re notification was undertaken in accordance with Part A2 – Public notification of Kogarah DCP where only adjoining neighbours are required to be notified and a notification sign is to be placed on the subject site.

Consideration of Access

The Education SEPP requires consideration of access that the School has and will provide to the community. The application has ignored the community access obligations under both the Building the Education Revolution requirements as an integral term of the $2 million Commonwealth Government grant for the construction of the multi-purpose hall, and as a requirement of the Education SEPP.

Comment: The application is for the relocation of the existing demountable building and does incorporate any multi-purpose hall or library facilities. As such, this is not a matter for consideration in this assessment.

Architect’s Design Statement

The Architect's Design Statement does not provide an objective analysis of the proposed design against the seven design principles, nor any explanation of how the proposed design satisfies the Schedule 4 design principles.

Comment: As relayed above in the report, the provisions of the Educational SEPP do not apply as the application was made but not determined prior to the commencement of this SEPP.

Notification to RMS

Concern is raised that the Roads & Maritime Service (RMS) has not been notified of the School’s Development Applications.

Comment: RMS were not required to be notified as there is no increase in pupils or traffic generation/car parking, therefore the requirement for a referral to the RMS is not triggered.

DA2017/0657

A separate DA (DA2017/0657) has been lodged for alterations and additions to St George Christian school including demolition works, construction of a new four storey classroom building, new basement parking accessed from Woids Avenue and other internal and external alterations. The neighbours’ concern is that DA2017/0657 should be assessed concurrently with the current application.

Comment: The proposed works under DA2017/0657 have been taken into consideration as part of this application review. However, due to the proposals occurring on separate lots and at different stages, they were required to be lodged separately. The application for the alterations and additions to the school will need to be determined by the Sydney South planning Panel due to the cost of the development.

Local Planning Panel

Concern is raised that the Local Planning Panel is not independent and that bias may occur in determining the application in favour of the applicant.

Officer comment: Local Planning Panels have been introduced to ensure transparency and an independent assessment and determination process of development applications.

The Panel comprises State Government appointed members and chair together with a community representative.

Air conditioning units

No justification has been provided with regard to how the number of air conditioning units have been able to be reduced.

Officer comment: The new air conditioning units provided on the front setback are larger in capacity and are sufficient to accommodate the building.

Night lighting

The night lighting from the two storey classroom will seriously impact the night activities of the adjoining properties.

Officer comment: A condition will be imposed stating that any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare. Flashing, moving or intermittent lights or signs will be prohibited.

School Masterplan

The applicant has denied the existence of a Master Plan for the School and has failed to provide the Master Plan as part of the DA.

Officer comment: Council has been informed by the school that a masterplan has not been created. Any significant changes to the school will be subject to a development application and the associated notification process.

Public interest

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

Council Referrals

24.

Drainage Engineer

The development application has been referred to Council’s Drainage Engineer, who has advised that the proposal is satisfactory subject to conditions.

Building Surveyor

The development application has also been referred to Council’s Building Surveyor, where some issues of concern have been raised in relation to the original DA plans. These have been satisfied with the amended plans and Building issues can be addressed via standard conditions of consent.

CONCLUSION

25. The application has been assessed having regard to the Heads of Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of relevant State Environmental Planning Policies, KLEP 2012 and KDCP 2013.

On this basis, it is considered that the development is an acceptable built form, scale and density and development approval should be granted to Development Application No 2017/0323 subject to conditions of consent.

DETERMINATION AND STATEMENT OF REASONS

26.

Statement of Reasons

· The proposed development is considered to be an appropriate scale and form for the site and the character of the locality – in particular the proposal seeks a small expansion of the existing school. The scale of building proposed is consistent with both the other buildings as part of the St George Christian School and also the scale of buildings normally expected in a residential zoning.

· 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 DA2017/0323 for the alterations and additions to the St George Christian School at Lot 1 DP 1245974 and known as 48-50 Bellevue Avenue, Allawah, subject to the following conditions:

Section A Development Details

Description	Reference No.	Date	Prepared by
Stormwater services	C00(DA1)	June 2017	NBRS Architecture
Erosion and Sediment Control Plan	C01(DA1)	June 2017	NBRS Architecture
Erosion and Sediment Control Details	C02(DA1)	June 2017	NBRS Architecture
Stormwater Site Plan	C03(DA1)	June 2017	NBRS Architecture
Details Sheet 1	C04(DA1)	June 2017	NBRS Architecture
Details Sheet 2	C05(DA1)	June 2017	NBRS Architecture
Survey Plan	3896Ddetail	25/05/2017	C.M.S Surveyors
Existing Site Analysis	17072-DA-02	08/01/2018	NBRS Architecture
Site and Roof Plan	17072-DA-04	08/01/2018	NBRS Architecture
Ground Floor Plan	17072-DA-05	08/01/2018	NBRS Architecture
First Floor Plan	17072-DA-06	08/01/2018	NBRS Architecture
Elevations	17072-DA-07	8/01/2018	NBRS Architecture
Sections	17072-DA-08	8/01/2018	NBRS Architecture

Section B Separate Approvals Required Under Other Legislation

An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

The following information is to be submitted with a Hoarding Application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993:

(b) Hoarding plan and details that are certified by an appropriately qualified engineer; and

Section C Prior to the Issue of a Construction Certificate

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

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

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

a) The On-site Detention storage size is to be increased to the minimum requirement of 11.7m³

b) The On-site Detention control pit has been shown as a grated pit that would surcharge preventing the On-site Detention tank to fill. The plans are to be revised to prevent this surcharge below the top water level.

c) As the height of head over the orifice to the Top Water Level of the On-site Detention storage will not be accurately known until installation, it is to be clearly notated on the Detailed Stormwater Plan that the required size of the orifice is to be provided by the consulting hydraulic engineer during the installation works. The orifice size is to be calculated in accordance with Section 4.4.5 of Council's Water Management Policy Site Drainage and Flood Management Practice Note #1 to allow for a Maximum Discharge of 7.8 litres per second.

The Detailed Stormwater Plan is to be certified by a professional engineer specialising in hydraulic engineering. A Statement that the stormwater system has been designed in accordance with the document ‘Water Management Policy. Kogarah Council. August 2006’ and satisfies the provisions and objectives of that policy along with the requirements stated above must be included with the Detailed Stormwater Plan.

A 11.7m³ On-Site Detention system with a Maximum Site Discharge of 7.8 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system

A minimum 5000L of rainwater tank storage for reuse is to be provided in accordance with the Concept Stormwater Plan. The overflow from the tank is to be directed to the site’s drainage system. The rainwater tank system is to be installed in accordance with the Australian Government, National Water Commission’s “HB 230—2008 Rainwater Tank Design and Installation Handbook

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

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

(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: $360.00

(c) Submit to Council, before the commencement of work, a dilapidation report 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 review the dilapidation report and the Works-As-Executed Drawings (if applicable) and inspect the public works.

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

6. Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:

(a) Construction vehicle routes;

(b) Anticipated number of trucks per day;

(d) Access arrangements; and

(e) Proposed traffic measures to minimise impacts of construction vehicles

7. Louvres - The louvres need to be fixed at an angle that only allows 20 per cent permeability and restricts overlooking, whilst still allowing airflow, natural daylight

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

9. Management Plan - Demolition - Prior to the issue of any Construction Certificate, any demolition or earthworks on the site, the applicant shall submit to Council for approval a Management Plan detailing the following to safely manage vehicular and pedestrian traffic during the works at the site.

· Traffic Control Plans and details of how the company proposes to place, erect, dismantle and/or undertake the works at the site.

· All works on the road or road related areas are to be clearly delineated and designed in accordance with the relevant standards, refer to “AS 1742.3 - 2009” and the Roads and Maritime Services “Traffic Control at Worksites (TCAWS) Manual, Version 4.0, 2010”

· The Traffic Control Plans and the works must be prepared/undertaken by RMS accredited (ticketed) personnel.

· Where heavy vehicles associated with the site will be parked whilst waiting to enter the site.

· Location of loading and unloading areas for trucks.

· The route of all trucks conveying materials to and from the site.

· Demonstration that pedestrian access past the site is maintained during demolition and construction works.

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

10. 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 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

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	$25,461.60
Inspection Fee for Refund of Damage Deposit	$360.00
Security Bond for Council's Stormwater Asset $25,000.00
DEVELOPMENT CONTRIBUTIONS
Georges River Council Section 94A Development Contributions Plan 2017	$7,150.00

General Fees

Development Contributions

A Section 94A 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

11. 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.

12. 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. 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.

13. Site Management Plan - A Site Management Plan must be submitted with the application for a Construction Certificate, and include the following:

(a) Location of protective site fencing;

(b) Location of site storage areas/sheds/equipment;

(d) Provisions for public safety;

(e) Dust control measures;

(f) Method used to provide site access location and materials used;

(g) Details of methods of disposal of demolition materials;

(h) Method used to provide protective measures for tree preservation;

(i) Provisions for temporary sanitary facilities;

(j) Location and size of waste containers/skip bins;

(k) Details of proposed sediment and erosion control measures;

(l) Method used to provide construction noise and vibration management;

(m) Construction and demolition traffic management details.

14. 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.

15. General Tree Removal Requirements

(a) 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).

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

(c) Council shall be appointed to remove 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.

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

16. Site Audit Report and Site Audit Statement - Prior to the commencement of any work, other than demolition or excavation in association with the remediation of the site, a Site Audit Report and Site Audit Statement are to be submitted to Council. These documents must clearly state that the site is suitable for the proposed use.

Note: The Applicant must comply with clauses 17 ‘Guidelines and notices: all remediation work’ and clause 18 ‘Notice of completion of remediation work’ under State Environmental Planning Policy No.55-Remediation of Land.

Note: Words and expressions used in these conditions have the same meaning as in the Contaminated Land Management Act 1997.

17. Structural Engineers Details - Supporting Council road/footway - Prior to the commencement of work in connection with the excavation of the site associated with the basement carpark, structural engineer’s details relating to the method of supporting Council’s roadways/footways must be submitted to the satisfaction of Council.

18. 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.

19. 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.

Section E During Construction

20. All roof water and surface water from paved or concreted areas are to be disposed of in accordance with the Stormwater Plan by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3:2015. The line must pass through a silt arrestor pit.

21. Car Park - Any planting, walls or fences located adjacent to the driveways near the boundary shall comply with the requirements of AS/NZS2890.1:2004 - Off Street Car Parking, Section 3.2.4(b).

22. 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.

23. 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.

Section F Prior to the issue of the Occupation Certificate

24. Electricity Supply - Evidence shall be provided demonstrating that the development has been connected to the Ausgrid, if required.

25. Flood Emergency Response - A Flood Emergency Response Plan is to be prepared by a suitably qualified stormwater engineer that addresses the site specific flood risks up to the Probable Maximum Flood event (PMF) including evacuation procedures. The plan is to be in accordance with the requirements of Managing the floodplain: a guide to best practice in flood risk management in Australia Handbook 7 by the Australian Emergency Management Institute.

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

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

28. Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and certification must be forwarded to the PCA and Council, from a professional engineer specialising in hydraulic engineering.

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

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

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

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

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

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

29. 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

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

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:

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

30. 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.

Section G Ongoing conditions

31. 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.

32. Lighting - General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare.

Flashing, moving or intermittent lights or signs are prohibited.

33. Noise from Premises outside Operation Hours: No scheduled activities are to operate outside operation hours aside from parents and teacher’s meetings, which will occur once each term between the hours of 5pm and 8pm.

34. Point of Contact and Management of Noise Complaints: A Noise Management Policy is to be developed by the school. The Noise Management Policy shall formalise the school’s objective as good neighbours and willingness to communicate with its neighbours, and informing the neighbours of future activities and events likely to increase noise levels at the residence. Neighbouring residents shall also be provided with a name and contact number of a school staff member who could be contacted in the event of a noise issue.  

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

36. Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

37. Recreation and outdoor learning areas are not to be allowed in the site.

38. The building is not be used for drama, music classes etc. that will generate significant noise.

39. Annual Fire Safety Statement - The owner of the building premises must ensure the Council is given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement must be given:

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

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

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

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

40. 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.

41. 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.

Section H Operational Conditions

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

43. 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:

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

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

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

44. 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.

45. 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.

46. 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.

47. 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

Section I - Prescribed Conditions

48. Clause 98 – Building Code of Australia - Requires all building work to be carried out in accordance with the Building Code of Australia.

49. Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifier and the Principal Contractor.

50. Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

51. Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

END CONDITIONS

NOTES/ADVICES

52. 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.

53. 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.

54. 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

55. Electricity Supply - This development may need a connection to the Ausgrid network which may require the network to be extended or its capacity augmented. The applicant is advised to contact Ausgrid for further details and information on lodging your application to connect to the network.

56. Disability Discrimination Act – The applicant is responsible to ensure compliance with this and other anti-discrimination legislation.

57. Security deposit administration & compliance fee - Under 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 will 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.

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

ATTACHMENTS

Attachment ⇩1	Existing Site Analysis - 48 - 50 Bellevue Parade Allawah
Attachment ⇩2	Site and Roof Plan - 48 - 50 Bellevue Parade Allawah
Attachment ⇩3	Elevations - 48 - 50 Bellevue Parade Allawah
Attachment ⇩4	Sections - 48 - 50 Bellevue Parade Allawah
Attachment ⇩5	Ground Floor Plan - 48 - 50 Bellevue Parade Allawah
Attachment ⇩6	First Floor Plan - 48 - 50 Bellevue Parade Allawah

Georges River Council – Local Planning Panel Friday, 5 October 2018

Page 146

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Friday, 05 October 2018

LPP Report No	LPP046-18	Development Application No	DA2017/0500
Site Address & Ward Locality	54 Woids Avenue Allawah Kogarah Bay Ward
Proposed Development	Alterations and additions to existing residential flat building
Owners	Milton Argirellis
Applicant	Milton Argirellis
Planner/Architect	Katris Architects Pty Ltd
Date Of Lodgement	24/10/2017
Submissions	One (1) submission in relation to notification of the originally lodged proposal. No submissions in relation to the notification of the amended plans.
Cost of Works	$1,167,361.00
Local Planning Panel Criteria	Local Planning Panels Direction - State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies to the proposed development.
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 (Infrastructure) 2007, State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development, 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, Apartment Design Guide
List all documents submitted with this report for the Panel’s consideration	Amended plans Apartment Design Guide Compliance Table Kogarah Development Control Plan 2013 Compliance Table
Report prepared by	Development Assessment Officer

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?

Site Plan

Executive Summary

1. The development application (DA) seeks approval for alterations and additions to the existing residential flat building including two (2) new levels to facilitate 3 new units and roof terrace. There are also minor modifications proposed to the internal configuration of the units and access, remodelling and detailing of the external finishes to the building and minor alterations within the basement to introduce a car sliding platform to more efficiently make use of the existing car space configuration.

The site is located at 54 Woids Avenue, Allawah on the eastern side of the road and has a total site area of 815.70sqm. The site is regular in shape and has a frontage of 21m to Woids Avenue and an average depth of 40m. There is a fall of approximately 2.7m to the rear from south to north with a slight crossfall along Woids Avenue to the south.

Existing on the site is a two (2) storey residential flat building comprising of 8 units and 14 car parking spaces located in the basement with vehicular access from Woids Avenue.

Figure 1 – Existing development at No.54 Woids Avenue, Allawah.

Existing development on the subject site and surrounds is predominantly low and medium density residential, with some neighbourhood shops located opposite on the southern side of Railway Parade.

The subject site is generally free of any significant environmental constraints that would prove a material limitation to redevelopment of the land for the proposed purposes. The subject site is not listed as a heritage item under KLEP2012. It is however, located in the vicinity of a heritage item of local significance at 51-69 Woids Avenue, Allawah. The heritage item is identified as Item I2 on Schedule 5 Environmental Heritage under KLEP2012.

Having regard to the zoning of the site and surrounds, it is clear the future character of land within the immediate vicinity of the subject site is transitioning to a higher density mixed-use environment.

As part of the assessment of the subject DA, notification of the proposal was undertaken in accordance with the provisions of the Kogarah Development Control Plan 2013 (KDCP2013) on 6 November 2017. In response to the notification of the DA, one (1) submission was received objecting to the proposal.

The objection raised was on the basis of noise pollution, traffic impact and the appropriateness of the additional bulk and scale on the streetscape. On 31 August 2018 re-notification of amended plans submitted by the applicant took place in accordance with the provisions of the KDCP2013. No submissions were received.

The main issue of concern in relation to this application is the non-compliance with the car parking requirements in Kogarah DCP 2013. Although the existing development (8 x 2 bedroom units) complies with the car parking requirements under KDCP 2013 as required for the existing development (ie 14 spaces required – 12 resident and 2 visitor spaces provided), the development proposes 3 additional units (total of 10 x 2 bedroom and 1 x 1 bedroom) with two (2) less parking space for the overall development. The development now proposes 11 resident spaces and 1 visitor parking spaces.

The reason why less car parking is provided as a result of the proposed development compared to the existing, is that the existing development has stacked car spaces provided (ie 2 stacked spaces for some of the units). In order to make those staked spaces available for each individual units, the applicant now proposes provision of a sliding platform system so that each of the car parking spaces is available for individual units.

Under KDCP 2013, the development would require 16 resident and 2.2 (say 3 rounded up) visitor spaces for a total of 19 parking spaces, which is a shortfall of 7 parking spaces.

Despite the non-compliance with the car parking requirement in KDCP 2013, applicant has submitted a Car Parking Assessment Report by Terrafic Pty Ltd Traffic & Parking Consultants which indicates that the amount of parking provided is sufficient to meet the needs of the development. This parking assessment is based on average number of resident vehicles per dwelling based on Census data, and also the proximity of the site to the public transport (Allawah Railway station). This is discussed in more detail in the body of the report.

Approval of the application is recommended as discussed in the body of this report.

DESCRIPTION OF THE PROPOSAL

2. The DA seeks approval for alterations and additions to the existing dwelling including two (2) new levels to form a four (4) storey dwelling comprised of 1 x 1 bedroom and 2 x 2 bedrooms, with a new roof terrace. This will bring the total number of units to eleven (11). Alterations to the external façade are proposed which includes timber panels, glass balustrades and new boundary fencing. Due to the increase in units, the basement car parking will be modified to include car sliding platforms. On that basis, the proposal makes provision for twelve (12) off-street parking spaces in the basement comprising eleven (11) resident spaces (1 space per unit) and retention of one (1) visitor parking space.

Figure 2 – Perspective of the proposed development as viewed from the Woids Avenue frontage, looking east.

The principal communal open space area for the development will be located on the roof top. The communal roof top terrace incorporates a bbq area, synthetic turf area and raised planter beds at its edges to limit the trafficable area of the roof top.

HISTORY

3. The following provides a brief outline as to the history of the subject DA:

23 Oct 17 Subject DA, being DA2017/0500, lodged with Georges River Council.

6 Nov 17 Application notified for a 14 day period from 06/11/2017 to 20/11/2017. One (1) submission was received objecting to the proposal.

8 Feb 18 Design Review Panel (DRP) meeting held. The recommendation from the meeting was that the application be supported, subject to a number of issues being resolved – refer to detailed discussion later in this report.

16 Feb 18 Applicant emailed DRP minutes

31 Jul 18 Amended and additional information provided in response to the minutes from the 8 February 2018 DRP meeting.

2 Aug 18 Amended information re-notified for a 14-day period from 2 August 2018 until 16 August 2018. No submissions were received.

DESCRIPTION OF THE SITE AND LOCALITY

4. The site is located at 54 Woids Avenue, Allawah on the eastern side of the road and has a total site area of 815.70sqm. The site is regular in shape and has a frontage of 21m to Woids Avenue and an average depth of 40m. There is a fall of approximately 2.7m to the rear from south to north with a slight crossfall along Woids Avenue to the south.

Existing on the site is a two (2) storey residential flat building comprising of 8 units and 14 car parking spaces located in the basement with vehicular access from Woids Avenue. The development was approved in 2003 with construction completed in 2006.

The site is situated in close proximity to the following services and facilities:

· Access to the Eastern Suburbs/Illawarra train line at Allawah Station lies within a 300m radius approximately 500m walking distance and is sited north-east of the subject site.

· The site is within 600m walking distance of Hurstville and the Westfield Shopping Centre, which comprises of a large number of retail stores, supermarkets, restaurants and movie theatre etc. The Neighbourhood shopping centre of Allawah is within 500m walking distance with access to convenience shopping and local services.

· The site is in close proximity to a number of educational facilities including St George Christian School which is located opposite the site.

Adjoining land to the east is zoned R3 Medium Density Residential under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012). Opposite to the west of the site is the St George Cristian School and land zoned R2 Low Density Residential under the provisions of the KLEP2012. The surrounding locality is is predominantly characterised by older style, low rise, multi-unit buildings of 2-3 storey scale, interspersed with residual single dwellings that have yet to be redeveloped.

The subject site is not listed as a heritage item under KELP2012. It is located in the vicinity of a heritage item of local significance at 51-69 Woids Avenue, Allawah. The heritage item is identified as Item I2: Former Woids Avenue Congressional Church – St Gerorge Christian School on Schedule 5 Environmental Heritage under KLEP2012.

Figure 2 – Aerial view of the subject site at 54 Woids Avenue, Allawah highlighted in blue and the heritage item highlighted in yellow.

APPLICABLE PLANNING CONTROLS

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

· State Environmental Planning Policy (Infrastructure) 2007

· State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development

· 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

· Apartment Design Guide

PLANNING ASSESSMENT

5. 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 (the Act).

Environmental Planning Instruments

Kogarah Local Environmental Plan 2012

Zoning

6. The subject site is zoned R3 Medium Density Residential under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012). Refer to zoning map extract below.

Figure 1 – Zoning map extract from the KLEP2012 demonstrating the subject site is located within the R3 Medium Density Residential. Within the R3 zone, residential flat buildings are permitted with consent.

The objectives of the R3 zone are as follows:

Objectives of zone

• To provide for the housing needs of the community within a medium density residential environment.

• To provide a variety of housing types within a medium density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development is capable of achieving consistency with the objectives of the R3 zone as it will provide a mix of additional housing to meet the needs of the community.

7. The extent to which the proposal complies with the relevant standards of Kogarah Local Environmental Plan 2012 (KLEP2012) is outlined in the table below.

Clause	Standard	Proposed	Complies
Part 2 – Permitted or Prohibited Development	R3 Medium Density Residential	The proposal being a residential flat building is a permissible form of development with Council's consent.	Yes
	Objectives of the Zone	Consistent with zone objectives	Yes – see comments above
4.1 – Minimum Lot Size	1000sqm	The site area at 819sqm does not comply with Cl 4.1A of KLEP 2012 regarding minimum lot sizes for multi dwelling housing, residential flat buildings and seniors housing, which requires a minimum of 1000sqm.	No – See Clause 4.6 variation below
4.3 – Height of Buildings	15m as identified on Height of Buildings Map	Proposal measures a maximum of 14.3m	Yes
4.4 – Floor Space Ratio	1.5:1 as identified on Floor Space Ratio Map	1.12:1	Yes
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	Noted	Noted.
5.10 – Heritage Conservation	The objectives of this clause are; (i) to conserve the environmental heritage of Kogarah, (ii) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.	The site is within the vicinity of the Former Woids Avenue Congregational Church – St George Christian School at 51-69 Woids Avenue Allawah. The applicant submitted a heritage impact assessment to support the application. The report noted that the visual setting of the heritage item will be retained due to building setbacks of the two proposed additional levels. These are setback from the primary elevation, ensuring that existing views to and from the heritage item will be retained and not altered. The proposed additions are of a contemporary architectural character with selected materials clearly identified as new work.	Yes

Clause 4.6 Exceptions to development standards

8. Clause 4.1 of the KLEP2012 prescribes that the minimum floor space is 1000sqm for residential flat buildings. The subject site has a total site area of 815.70sqm, which means that it does not meet the minimum lot size requirement for this type of development. The applicant has provided a formal written clause 4.6 request, of which is attached to this report, a synopsis of the justification is outlined below.

· The compliance with development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land. That is, the particular parcel of land should not have been included in the zone.

· The site is well located to services and the proposed development is of a form and scale that is consistent with the future planning strategy for the locality. The additional development on site is sustainable given its proximity to public transport (both train and buses) and the facilities and services available in the Hurstville Town Centre and Allawah Local Centres respectively.

· The proposed development adopts setbacks along the side boundaries that provide reasonable separation distances from adjoining development and appropriate treatment of these side elevations has ensured that the development does not result in any significant privacy impacts to adjoining properties.

The request for a variation to the floor space ratio development standard in the circumstances of the case is supported for the following reasons:

· The current use and character of the land is for multi-unit, residential flat development and the ongoing use and intensification of the use of the site for that purpose is appropriate and can be readily facilitated within the existing site.

· Despite the relatively restrictive nature of the site the design of the proposal ensures that the new apartments within the development have an appropriate amenity in terms of privacy and solar access consistent with the objectives of the Apartment Design Guide and there is a general improvement for all dwellings in the provision of a rooftop terrace open space area.

· It is contended that irrespective of the numerical non-compliance with the minimum lot size, the objectives of the development standard and also the R3 zone are still achieved.

· In the circumstances of the above, it would likely be in the public interest for the consent authority to permit the variation of the control.

Given the above, it is recommended that the clause 4.6 variation to the minimum lot size be supported in the circumstances of this case.

Environmental Planning and Assessment Regulations 2000

9. The proposed development satisfies the relevant matters for consideration under the Regulations.

State Environmental Planning Policies

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

10. 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 considered to be consistent with Council's requirements for the disposal of stormwater in the catchment.

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

State Environmental Planning Policy (Infrastructure) 2007

11. Divisions 5 (Electricity Transmission or Distribution) and 17 (Roads and Traffic) of the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) are not applicable to the proposal. There is no information to indicate that an external referral to the relevant energy supply authority was required in accordance with clause 45 of the ISEPP. The proposal does not constitute “Traffic generating development”, thus a referral was not made to Roads and Maritime Services (RMS).

State Environmental Planning Policy No 55 - Remediation of Land

12. The site has long standing residential use and a recently approved and constructed residential flat building exists on the site. In view of the above and having regard to the provisions of SEPP No 55 the site is considered suitable for the proposed development.

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

13. BASIX Certificate No 862913M has been issued for the proposed development.

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

14. The objectives of the SEPP are to protect the biodiversity values of trees and other vegetation in non-rural areas and preserve the amenity of non-rural areas through the preservation of trees and other vegetation. No tree clearance is proposed as part of this development and consideration of this issue is satisfied.

State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development

15. State Environmental Planning Policy No.65 – Design Quality of Residential Flat Buildings (SEPP 65) was gazetted on 26 July 2002 and applies to the assessment of DAs for residential flat developments of three or more storeys in height and containing at least four dwellings. Amendment 3 to SEPP 65 commenced on 17 July 2015 and implemented various changes including the introduction of the Apartment Design Guide (ADG) to replace the Residential Flat Design Code. Given the nature of the development proposed, SEPP 65 applies.

Clause 28(2) of SEPP65 requires that the consent authority take into consideration the following as part of the determination of DAs to which SEPP 65 applies:

a) the advice (if any) obtained from the design review panel, and

b) the design quality of the development when evaluated in accordance with the design quality principles, and

c) the Apartment Design Guide.

The following provides a comment in relation to items a) and b) above. An assessment against c) is contained within Attachment A.

The DA was assessed by the Design Review Panel (DRP) at a meeting held on 8 February 2018 having regard to each of the nine (9) Design Quality Principles.

In their Report, the DRP recommends support of the application, subject to the issues raised within their Report being resolved.

It is noted that the DRP indicates that the application satisfied the design quality principles contained within SEPP65.

The issues raised by the DRP are covered below, followed by a comment on how they have been resolved:

SEPP 65 – Design Quality of Residential Flat Buildings

DRP Comment

Planner Comment

Context and Neighbouring Character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

The existing building sits comfortably within a three (3) storey walk-up environment.

Recent changes to Council planning controls mean that the existing buildings are generally below development potential for each individual site.

The proposal adds an additional 1.5 floors which can fit within the existing framework.

Noted. The subject site has been utilised use for multi-unit residential purposes for some time and the additional units to the site are in keeping with the residential flat buildings located along Woids Avenue.

Built Form and Scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

The proposal is not inappropriate for the context however the additional levels and rooftop garden may require a lift.

The additional parking requirements are provided by an automated parking system the efficacy of which the Panel remains unconvinced.

The applicant was forwarded the DRP comments which suggested the provision of a lift. The amended plans received do not provide for a lift. Although this is not ideal, the applicant is not required to provide a lift in accordance with the National Construction Code.

This will be a matter of amenity and choice for the individual unit occupiers on whether or not to occupy the upper level units in a building without a lift.

Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

Appropriate

Noted.

Sustainability

Good design combines positive environmental, social and economic outcomes.

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

Extending the life and capability of an existing building is to be commended. BASIX is able to be achieved as are the sustainability aspects of the ADG.

Noted.

Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

The landscape plans provided are inaccurate in their representation of the ground floor (driveway missing, floor plan inaccurate) and the extent of landscape works proposed is unclear. The plans should be corrected and show the relationship between built form and landscape at ground level and access to and circulation within the space (both pedestrian and vehicular). While planting is shown in boundary setbacks, given the inaccuracies on the drawings, there is an element of doubt as to whether this can be achieved. Areas of deep soil, when correctly located on plan, should be used to support larger tree species.

It appears as if the area identified as ‘communal open space 1’ is accessible only via the basement. The use and design of the space has not been addressed and must be resolved. It has a northerly aspect which is potentially pleasant, and may be more easily accessible for mobility-impaired residents and visitors.

The area of ‘communal open area 3’ at the front of the building may be better utilised if incorporated into the private open space of Unit 1.

The ramp at the front of the building is unfortunate and is of little consequence, in the context where a lift is not provided within the building, given that it only provides access to ground floor units and detracts from the landscape character and streetscape. The extent of this should be minimised if at all possible.

Street trees of an appropriate scale (overhead lines) must be included within the landscape plan.

A buffer / setback between rooftop open space and the building edge must be provided for safety and to minimise overlooking of neighbours. Amenity including shade and water must be provided

The proposal now includes accurate representation of the floor plans and extent of landscaping proposed.

The amended proposal maintains a deep soil area along the southern boundary. The revised landscape plan is to include the proposed street tree planting in accordance with Council’s specifications.

The applicant has detailed that outdoor furniture will be provided to existing Communal open space 1.

The area previously noted as communal open 3 on the rooftop has now been incorporated into the private open space of Unit 1.

The ramp at the front of the building has been located behind new planter boxes so will be screened from the front boundary.

Box planters have been provided along the permitter of the rooftop terrace.

Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident well being.

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

The design must demonstrate drainage to wet areas can be achieved without compromising ADG ceiling height requirements.

The absence of a lift, while understandable, is problematic.

This has been demonstrated on the DA plans.

This has been addressed above.

Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

See comment above under ‘Landscape’ regarding the setback of rooftop open space from building edge.

There is no security proposed to the parking area which presents a safety and security risk.

Landscaping buffer to the roof terrace has been provided for.

No additional security provisions to the basement car parking have been provided.

Housing Diversity and Social Interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

Well designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

Satisfactory given that it is an alteration to an existing building.

Noted.

Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures.

The visual appearance of a well-designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

The Panel questions whether the dark-grey coloured addition is a substantial improvement over the existing colour scheme.

The applicant has chosen to not make any amendments to the colour scheme proposed. This is considered acceptable given the contemporary nature of the proposal.

Having regard to the above, it is considered the advice provided by the DRP has generally been adopted by the applicant in the amendments to the drawings.

The Apartment Design Guide (ADG) provides planning and design standards for apartments across NSW. It provides design criteria and general about how development proposals can achieve the nine design quality principles identified in SEPP 65.

As outlined earlier, Clause 28 of SEPP65 requires the consent authority to take into consideration the provisions of the ADG. Contained in Attachment A is a detailed compliance table assessment how the proposed development, as currently amended, performs against the relevant provisions of the ADG.

As demonstrated within the ADG compliance table, the proposal is satisfactory when considered against the relevant objectives, design criteria and design guidance for residential flat buildings.

Draft Environmental Planning Instruments

Draft Environment State Environmental Planning Policy (SEPP)

16. 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.