Agenda of Georges River Local Planning Panel (LPP)

Georges River Council – Local Planning Panel Thursday, 21 November 2019

Page 2

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

LPP050-19 45 Burgess Street Beverley Park - DA2018/0098

(Report by Senior Development Assessment Planner)

LPP051-19 172-174 Railway Parade and 1B Gray Street Kogarah - DA2018/0285

(Report by Senior Development Assessment Planner)

LPP052-19 57-59 Trafalgar Street Peakhurst - DA2018/0285

(Report by Senior Development Assessment Officer)

LPP053-19 268 Carrington Avenue Hurstville - DA2018/0576

(Report by Development Assessment Planner)

LPP054-19 37 Plimsoll Street Sans Souci - DA2019/0347

(Report by Development Assessment Planner)

LPP055-19 83A Kyle Parade Kyle Bay - DA2019/0128

(Report by Consultant Planner)

LPP056-19 72 Connells Point Road South Hurstville - DA2018/0577

(Report by Development Assessment Planner)

4. Confirmation of Minutes

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 November 2019

LPP Report No	LPP050-19	Development Application No	DA2018/0098
Site Address & Ward Locality	45 Burgess Street Beverley Park Kogarah Bay Ward
Proposed Development	Demolition of existing structures, tree removal and construction of an attached two storey dual occupancy with front fencing and associated landscaping works.
Owners	Mr and Mrs Sadig
Applicant	ArtMade Architects
Planner/Architect	Architect: ArtMade Architects Planner: Urbanesque Planning
Date Of Lodgement	20/03/2018
Submissions	Nine (9)
Cost of Works	$1,387,320.00
Local Planning Panel Criteria	The application is referred to the Georges River Local Planning Panel as drainage of the development relies upon an easement located on Council-owned land, being through the Beverley Park Golf Course.
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 55 - Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft Environment State Environmental Planning Policy, Draft Remediation of Land State Environmental Planning Policy Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2013.
List all documents submitted with this report for the Panel’s consideration	Site and Elevation Plans
Report prepared by	Senior Development Assessment Planner

Recommendation

That the application be granted a deferred commencement approval 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. The conditions can be reviewed following publishing of the agenda.

Site Plan – allotment outlined in blue

Executive Summary

Proposal

1. Council is in receipt of a development application (DA2018/0098) proposing demolition of the existing structures, tree removal and construction of a new two storey attached dual occupancy including a front fence and landscaping works at 45 Burgess Street, Beverley Park, known as Lot 19 in DP 8888.

2. The proposal seeks consent for the removal of three (3) trees located within the property boundaries. One (1) street tree is proposed to be removed to accommodate the new driveway access for the dwellings.

Site and Locality

3. The site is located on the western side of Burgess Street. A single storey clad dwelling with attached covered patio, metal and tiled roof, together with a detached fibro shed with tiled roof, driveway access to rear, and other hard surfaces occupy the site.

4. The site falls about 1.33m from the north eastern corner of Burgess Street to the rear (western) boundary. There are twelve (12) trees located within the property boundaries, and one (1) tree located on the nature strip.

5. To the north is a two storey brick dwelling with metal roof, a front and rear balcony. To the south is a two storey brick dwelling with tiled roof, two street facing balconies and a rear balcony.

6. Burgess Street and the immediate locality comprise various low density residential forms, with the Beverley Park Golf Course located directly behind the subject site to the west.

Zoning and Permissibility

7. The site is zoned R2 Low Density Residential in accordance with the Kogarah Local Environmental Plan 2012. The proposed development is defined as a dual occupancy which is a permissible use in the zone and satisfies the objectives of the zone referenced below:

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

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

Figure 1 - Zoning map - Site outlined in blue.

Submissions

8. In accordance with the public notification provisions of the Kogarah Development Control Plan (KDCP), the application was placed on neighbour notification on three (3) separate occasions for a minimum period of 14 days.

9. Nine (9) unique submissions were received as a result of the notification periods. A detailed assessment of these submissions are summarised and addressed in full later in this report.

Referrals

10. The DA was referred to a number of officers within Council, and as a result, responses were generally supportive of the application as discussed in the body of this report.

Reasons for Referral to the Local Planning Panel

11. The application is referred to the Georges River Local Planning Panel for determination as drainage of the development relies upon an easement to be located within Council-owned land, being Beverley Park Golf Course.

Conclusions

12. The application has been assessed having regard to the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, and in particular against the requirements of the relevant Kogarah Local Environmental Plan (LEP) 2012 and Kogarah Development Control Plan (DCP) 2013. The proposal complies with the floor space ratio and height standards of the LEP and sufficient justification has been provided for any variations to the DCP.

13. During the assessment of the application, the applicant was unable to obtain consent from the Beverley Park Golf Club to connect to an easement on the land leased by the Golf Club from Council. A deferred commencement condition has been recommended, requiring the applicant to acquire an easement to drain water from the site.

14. The subject site is identified as flood affected in the Beverley Park Overland Flow Risk Management Study and Plan 2007, however is not identified as being affected by the 1% AEP (1 in 100 year ARI) flood event.

15. The application is recommended as a deferred commencement approval subject to conditions.

Report in Full

DESCRIPTION OF THE PROPOSAL

16. Demolition of the existing structures, tree removal and construction of a new two storey attached dual occupancy including a front fence and landscaping works at 45 Burgess Street, Beverley Park. The proposed site plan is shown in Figure 2 below.

Figure 2 - Proposed Site Plan

17. The proposal is described in detail as follows:

· Ground Floor – each dwelling contains a single garage, porch, lounge room, bathroom, laundry, open plan kitchen, dining and family room, and outdoor patio at the rear of the dwelling. Private open space is located at the ground level at the rear of each dwelling.

· First Floor – each dwelling contains four bedrooms with the master containing an ensuite and walk in robe and a bathroom. A balcony to the front elevation is provided to Lot A.

· The front fence is 1.2m high and a combination of masonry piers and open-style infill timber horizontal slats.

· The proposal seeks consent for the removal of three (3) trees located within the property boundary. One (1) street tree is proposed to be removed to accommodate the new driveway access for the dwellings.

DESCRIPTION OF THE SITE AND LOCALITY

18. The subject site is formally known as Lot 19 in DP 8888, is known as 45 Burgess Street, Beverley Park, and has a site area of 696.8sqm. The site is occupied by a single storey clad dwelling with metal and tiled roof, attached covered patio, a detached fibro shed with tiled roof and driveway access to the rear.

19. The site falls about 1.33m from the north eastern corner of the site from Burgess Street to the rear (western) boundary. There are twelve (12) trees located within the property boundaries, and one (1) street tree located on the nature strip.

20. To the north is a two storey brick dwelling with metal roof, a front and rear balcony. To the south is a two storey brick dwelling with tiled roof, two street facing balconies and a rear balcony.

21. Burgess Street and the immediate locality comprise various low density residential forms, with the Beverley Park Golf Course located directly behind the subject site to the west.

BACKGROUND

22. The original application was submitted in March 2018, seeking consent for an attached dual occupancy over basement parking and proposing connection to an easement to drain water on the adjoining site to the rear, the Beverley Park Golf Course, which is land owned by council.

23. Amended plans were submitted in October 2018 in response to issues raised by council staff, including deletion of the basement parking (which resulted in the height limit being exceeded) and reducing the height of the building to comply with the 9m height limit.

24. Amended plans were submitted on 29 October 2019 (these plans form the basis of this assessment report) to address issues raised by council staff, including FSR, garage setbacks, side setbacks, floor level of the outdoor terraces and the dwelling entries. The amended plans satisfy the concerns raised by staff and are recommended for approval via a deferred commencement determination.

STATE ENVIRONMENTAL PLANNING POLICIES (SEPP)

25. Compliance with the relevant state environmental planning policies is summarised in the table, and discussed in more detail below.

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment	Yes
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004	Yes
State Environmental Planning Policy No 55 - Remediation of Land	Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017	Yes
State Environmental Planning Policy (Infrastructure) 2007	Yes

Deemed State Environmental Planning Policy – Georges River Catchment

26. All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and will satisfy the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment. A deferred commencement condition is recommended requiring the applicant to obtain an easement to drain water from the sire over the adjoining Council-owned land.

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

27. A BASIX Certificate has been issued for the proposed development and the commitments required under the certificate have been satisfied.

State Environmental Planning Policy No 55 - Remediation of Land

28. 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.

29. 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.

30. 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 regard to site contamination.

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

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

32. The Vegetation 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).

33. 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.

34. The proposed development does not involve the removal of any significant trees or vegetation. Suitable replacement planting for the trees proposed for removal is proposed, and has been included in the recommended conditions of consent. In this regard, the provisions of this SEPP are considered to be met.

DRAFT STATE ENVIRONMENTAL PLANNING POLICIES

Draft Environment SEPP

35. 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.

36. The proposal is consistent with the provisions of this Draft Instrument given there is no significant vegetation impacted by the proposed development.

Draft Remediation of Land SEPP

37. The Department of Planning and Environment has announced a Draft Remediation of Land SEPP, which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land.

38. The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on Section 149 Planning Certificates.

39. Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land.

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

ENVIRONMENTAL PLANNING INSTRUMENTS

Kogarah Local Environmental Plan 2012

41. The provisions of this Local Environmental Plan are relevant to the proposal. 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
2.7 - Demolition	Demolition is permissible with consent	Demolition is proposed as part of this application.	Yes
4.1B – Minimum lot size for dual occupancies	650sqm	Site Area = 696.8sqm	Yes
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	Maximum 7.9m	Yes
4.4 – Floor Space Ratio	0.55:1 as identified on Floor Space Ratio Map	See Clause 4.4A below.
4.4A - Exceptions to floor space ratio for residential accommodation in Zone R2	Site area between 650sqm and 800sqm: [(lot area − 650) × 0.3 + 357.5] ÷ lot area:1	Maximum = 371.54sqm (0.53:1). Proposed = 371.3sqm (0.53:1).	Yes
6.1 – Acid Sulphate 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 identified as being affected by Class 2 and Class 5 Acid Sulphate Soils. An Acid Sulfate Soils Assessment Report was submitted with the application which concludes following the borehole testing on site confirmed no potential for acid sulfate soils.	Yes
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.	Minimal excavation is proposed and commensurate with what would be expected for a development of this type and scale. The basement has been deleted and the floor levels are above the recommended levels by Council’s Drainage Engineer.	Yes
6.3 – Flood Planning	Requires assessment to minimise the flood risk to life and property associated with the use of land; to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change; and to avoid significant adverse impacts on flood behaviour and the environment.	Council’s Flood Engineer has carried out an assessment of the impact of flooding from the immediate adjoining sites, in particular the rear adjoining Beverley Park Golf Course. With the amendment of the plans to delete the basement level and finished floor levels being above recommended freeboard levels, Council’s Flood Engineer does not raise any concerns with the proposal in relation to flooding impacts.	Yes

Development control plans

Kogarah Development Control Plan 2013

42. The provisions of this Development Control Plan are relevant to the proposal. An assessment of the proposal against the key controls in the Development Control Plan is tabled as follows.

Applicable DCP Controls

Standards

Proposal

Complies

1.2.1 Floor space Requirements

(5) Blank walls and flat facades should be avoided. Walls longer than 10m should be articulated by a minimum 300mm projection or indentation in the façade.

(7) Where proposed development includes a two (2) residential level element, then the second level should not extend beyond 60% of the depth of the allotment measured from the street boundary. Where side boundaries are of varying length, the second level is limited to a line across the block between the points on both boundaries, see Figures 1 and 2.

All walls include suitable fenestration and articulation.

The first floor does not extend beyond 60% of the depth of the lot.

Yes

1.2.2 Building Heights

(1) 7.2m to the underside of the upper ceiling

7.8m to the top of the parapet

(2) The maximum number of residential levels is two (2), except where the site has a slope exceeding 1:8 (12.5%), where the maximum number of residential levels is three (3).

Max. 7.2m to ceiling

Max. 7.9m to parapet

The proposal is two storeys.

Yes

No – refer to comments below.

Yes

Comment on parapet height

The site slopes gently from street level to the rear boundary which results in the proposal exceeding the maximum parapet height by 100mm at the rear of Dwelling B. Despite these non-compliances the overall height of the proposal has a maximum height of 7.9m and therefore complies with the LEP height limit of 9m.

It is noted that the architectural roof line of the front façade of the proposal complies with the parapet and overall height limit. The minor breech of the parapet height control is isolated to the south western corner of the roof of Dwelling B and is therefore supported. The minor non-compliance does not contribute to the loss of solar access as it is located at the front of the dwelling.

1.2.3 Rhythm of the Built Elements in the Streetscape

(1) The primary building façade should not exceed 40% of the overall width of the total frontage (Figure 6).

(2) The secondary building façade should be set back a minimum of 1.5 metres from the primary building façade (Figure 7).

(3) Where the dominant built form in the streetscape provides for a pitched hip or gable ended presentation to the street, the new buildings and/or additions should reflect that roof form.

The front façade is articulated into four sections, being separate garages and the entry to each dwelling. The modulated façade is tied together with the angled roof feature.

The secondary facades are setback between 2m and 4m from the primary façade.

A flat roof is proposed which is consistent with newer development in the area. In addition the angled roof feature creates an articulation to the front façade that reflects a more traditional pitched roof form that is common in the locality.

Yes

1.2.4.2 Front Setbacks

Primary frontage setback: Minimum 5.5m

Minimum 5.5m to the garage of Lot A.

Yes

1.2.4.3 Side and Rear Setbacks

Rear - Buildings are to have a minimum rear setback of 15% (6.8m) of the average site length, or 6m, whichever is greater.

Side - For buildings having a wall height of greater than 3.5m, the minimum side boundary setback is 1200mm

Dwelling A – 12.9m

Dwelling B – 11.16m

Minimum 1.2m (ground and first floor).

Yes

1.2.5 Fenestration and External Materials

(1) New buildings and alterations and additions should present a primary building façade and roofing that is constructed of materials, and within a colour range, that is complementary to the dominant character of buildings in the streetscape.

(2) Garage doors should not dominate the street front elevation (Figure 16).

(3) The roof should be similar to the angle of pitch, materials and colour of roofs in the streetscape (Figure 14).

(4) The colours of garages, window frames, and balustrading on main facades and elevations are to be integrated with the external design of the building.

(5) Glazing shall be limited to a maximum 35% of the total area of the overall street front façade. This includes both primary and secondary façade bays (Figure 15).

(6) Where garaging is in the front façade it should be limited to a maximum of two garage bays, with separate garage door openings of a maximum width of 3m.

The proposed colours, materials and finishes are suitable for this modern and contemporary development.

One single garage door per dwelling is proposed and are offset from one another.

Flat roof is proposed which is consistent with more recent modern contemporary construction in the area.

Suitable colours are proposed, including neutral browns, white, timber and metal cladding.

Less than 35% of the front façade is glazed.

One single garage door is proposed per dwelling, being 3m wide and they are offset from one another providing differing street setbacks.

Yes

1.2.6 Street edge

(1) New developments should provide front fencing that complements fencing within the streetscape.

(2) Fencing is to be consistent with the requirements of Section 4.2.

(3) Existing vegetation in the front building line setback or on the street verge that contributes to the character of the streetscape should be preserved.

(4) The driveway location should not result in the removal of any street trees or removal of substantial trees on the site.

A 1.2m high fence is proposed being a combination of masonry and horizontal timber infills which is suitable for the streetscape.

Complies.

One street tree is proposed to be removed and will be replaced with two street trees via a recommended condition of consent.

Yes

1.3 Open Space

(1) 15% of the site area must be deep soil landscaped area.

(2) Private open space should be adjacent to and visible from the main living and/or dining rooms and be accessible from those areas.

34% of the site is deep soil landscaping.

Private open spaces are directly adjacent to the living areas.

The patio is elevated above the landscaped garden area.

Yes

1.4 Vehicular access, parking and circulation

(1) Car parking is to be provided in accordance with the requirements in Section B4.

Dual occupancy: 1.5 spaces/dwelling

(2) On corner sites with two street frontages vehicular access should be provided to the secondary frontage.

(3) Garages should be accessed from a rear lane where this is available.

(4) 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.

(5) Garaging should be setback behind the primary façade.

(6) The maximum driveway width between the street boundary and the primary building façade is 4m.

(7) Where the dominant provision of garaging within the streetscape is provided to the rear or side of developments, new developments and additions to existing development should provide for a side driveway or garaging behind the main street front elevation of the building.

(8) Basement parking is not encouraged on flat sites. Garaging should be provided at ground level unless the slope of the site exceeds 1:8 (12.5%) in which case a basement or suspended garage may be acceptable.

(9) Where a basement garage is proposed, the maximum height of the basement above ground level (existing) is 1m measured to the underside of the basement ceiling. Where the basement exceeds 1m above ground level (existing), the basement will be considered to be a floor (Figure 17). Note: Floor means the space within a building which is situated between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above.

(10) For basement garages the maximum amount of excavation is to be limited to required car parking and any manoeuvring areas, access stairwells, lift wells and storage areas.

(11) Storage areas within basements or garages must not exceed 10sqm per dwelling (with a minimum width of 500mm).

(12) Car parking layout and vehicular access requirements and design are to be in accordance with the Australian Standards, in particular AS 2890.1-2004.

(13) Dual occupancy development must have only one single fronted garage per dwelling. Where garaging is required for 2 cars, this must be tandem parking.

2 spaces per dwelling are proposed.

N/A

Two crossings are proposed to allow for consolidation of areas of landscaping in the front setback for each dwelling.

The garages are located forward of the dwelling entries.

2.6m per driveway.

There is no dominant garage or parking design in the locality. The immediate area is characterised by older style dwellings and more recently constructed two storey dwellings and dual occupancies with garages forming the primary building faced and the wall of the dwelling behind.

Basement parking is no longer proposed.

N/A

Storage is not proposed in the garages.

Complies

One single garage per dwelling proposed.

Yes

N/A

Yes

No – refer to comments below.

Yes

N/A

Yes

Comments on garage location

The front façade of the proposal is articulated into four bays, being the separate single garages and the entry to each dwelling. There are a number of examples of dwellings with garages forward of the building line or front façade of the dwelling in the immediate area, including the dwelling adjoining the subject site to the north.

The objectives of the control are:

(a) New buildings and alterations and additions should reflect the dominant building rhythm of the streetscape with regard to the location, spacing and proportion of built elements in the street elevation.

(b) Where the dominant street front elevation of the buildings provides for a double fronted or articulated front façade, new buildings and additions should provide an articulated front façade.

The proposal meets the objectives of the control and given the mixed design of the dwellings and established building lines in the locality, and the fact the proposal is consistent with the setback of both adjoining properties, the technical non-compliance of the garages being located in front of the building line is supported as it does not undermine the rhythm of the streetscape and built form.

1.5.1 Visual Privacy

(1) Windows from active rooms are to be offset between adjacent dwellings so as to avoid direct overlooking onto neighbouring windows.

Living area windows are located on the ground floor and are oriented to the rear yards. The side-facing living room windows at the front of each dwelling have high sill heights and will not overlook neighbouring properties.

Yes

1.6 Solar Access

(1) 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.

(2) Where private open space is proposed on the southern side of the building the distance from the southern boundary of the open space to the nearest wall to the north must be a minimum of 3m + h, where h is the height of the wall (Figure 20).

(3) 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).

Each area of private open space will receive at least 4 hours of sunlight during midwinter.

Private open space is located to the west of the dwellings.

Adjoining properties will receive sunlight to in excess of 50% of the private open space area for greater than 3 hours.

Yes

N/A

Yes

2.1 Dual Occupancies

Minimum frontage: 18m

Minimum site area: 850sqm

15.24m

696.8sqm

No – refer to Refer to comments following this table in relation to minimum site width control as per the Georges River Development Control Plan 2020 (Interim Policy).

N/A – LEP permits a site area of 650sqm.

4.2.3 Retaining walls

(1) Retaining walls over 600mm in height must be designed by a suitably qualified structural engineer.

Conditions will be imposed directing the construction of all retaining walls.

Yes, condition recommended

Georges River Development Control Plan 2020 (Interim Policy)

43. The Interim Policy is a supplementary document, meaning that current DCP controls continue to apply if a particular control is not specified in the Interim Policy, or if it is still considered best practice. All operative DCPs still legally apply. Whilst the Interim Policy has no statutory recognition in the assessment of a Development Applications pursuant to the Environmental Planning & Assessment Act 1979, the policy will be used as a guide as it is an endorsed position of the Council.

44. In relation to dual occupancy development, the Interim Policy states the minimum site width for an attached dual occupancy is 15m, with which the site complies.

45. In addition, in Picciau v Georges River Council [2019] NSWLEC 1114, Commissioner Dickson found that a flexible approach to the application of the lot width performance criteria was acceptable in the case (a proposal for a dual occupancy development on a 12m wide site) as the width of the site at the front façade of the dwelling(s) was 15m, and the proposal met the zone objectives and did not result in any unreasonable adverse impacts on the amenity of neighbouring properties.

Developer Contributions

The following Section 7.11 contributions have been levied for the development.

DEVELOPMENT CONTRIBUTIONS
Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential	$645.30
Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007	$29,916.04
Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings	$783.44
Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books	$558.60
Total for development contributions	$31,903.38

IMPACTS

Natural Environment

46. The proposal is unlikely to result in adverse impacts to the natural environment subject to the site being planted with replacement trees as included in the recommended conditions of consent. The removal of existing trees has been reviewed by Council’s Consultant Arborist and is deemed acceptable. A condition will also require two street trees to be planted along the frontage of the site to replace the one street tree being removed.

47. Appropriate stormwater conditions have been recommended including a deferred commencement condition requiring the applicant to obtain an easement to drain water and connection into an existing easement on council owned land at the rear being within the Beverly Park Golf Course.

Built Environment

48. The proposal complies with the height of buildings and floor space ratio standards of the KLEP 2012, and represents an acceptable planning outcome for the site with respect to its bulk, scale and density, façade articulation and expression and is an appropriate response to the context of the site and its R2 Low Density Residential zoning. The development is consistent with objective of the Development Control Plan (DCP) and the Interim Development Control Plan 2020.

Social Impact

49. No adverse social impacts have been identified as part of the assessment. The additional dwelling will assist with providing additional housing in the area. The construction of a dual occupancy on the site is consistent with the residential zoning of the land.

Economic Impact

50. There is no apparent adverse economic impact that is likely to result within the locality due to the construction of additional dwellings.

Suitability of the site

51. The site is zoned R2 Low Density Residential. The proposal is a permissible form of development in this zone. The site is suitable for the construction of a dual occupancy and the proposal fully complies with the relevant KLEP 2012 standards. The site is considered suitable for the proposed development.

52. The applicant has applied for subdivision of the dual occupancy as part of this application; however subdivision does not form part of the consent. A condition of consent has been recommended that states a separate development application is required to be lodged with Council for the Torrens Title Subdivision of a Dual Occupancy. Development consent for Torrens Title Subdivision cannot be granted until after the final Occupation Certificate has been issued for the Dual Occupancy Development.

SUBMISSIONS AND THE PUBLIC INTEREST

53. The proposal was placed on exhibition on three separate occasions for a period of fourteen (14) days during which time nine (9) submissions were received. The submissions raised the following issues.

Round 1 of Notification (original DA plans) April 2018

Basement Parking

54. Comment: Basement parking was deleted from the proposal by amended plans submitted in October 2018.

Rear setback and privacy impacts

55. Comment: The required setback for the site is 6.8m and the proposal exceeds this control by 6.1m for Dwelling A (north) and 4.36m for Dwelling B (south). The first floor rear setback complies with the DCP control that restricts all first floor development to a maximum of 60% the depth of the lot. Privacy impacts to neighbours are minimised by the provision of privacy screen to the side of the outdoor terraces at the rear of each dwelling, which have been lowered by 0.5m from the original plans submitted with the application. Primary living rooms are located on the ground floor and all first floor windows facing the side boundaries have high sill heights.

Lowering of the water table and impacts on neighbour

56. Comment: Basement parking was deleted from the proposal by amended plans submitted in October 2018, as a result lowering of the water table is unlikely as the only excavation relates to the footings associated with the development.

Visual bulk of the building

57. Comment: The proposed development fully complies with the FSR and building height standards of the Kogarah LEP 2012 and the setback controls of the Kogarah DCP 2013. It is acknowledge there is a parapet height breach of 100mm, however this does not result in unacceptable bulk as it will barely be perceived resulting in a development that is of a suitable bulk and scale for the site.

Increased noise and excavation

58. Comment: Standard conditions of consent are recommended to control noise levels during construction. Basement parking was deleted from the proposal by amended plans submitted in October 2018 and as a result excavation is now minimal.

Overshadowing to 47 Burgess Street

59. Comment: The proposal demonstrates compliance with the solar access controls in the DCP in that 47 Burges Street will continue to receive at least 3 hours sunlight during mid-winter to the private open space area.

Inadequate drainage

60. Comment: The application seeks approval to connect to a drainage easement located on the land occupied by the Beverly Park Golf Course (which is owned by council). The recommendation of this report is for the Panel to grant a deferred commencement approval, subject to the applicant gaining approval from the Beverly Park Golf Club to connect into the easement within the area they lease from Council.

Objection to side windows on the ground and first floor

61. Comment: Privacy impacts to neighbours are minimised by the provision of privacy screens to the side of the outdoor terraces at the rear of each dwelling, which have been lowered by 0.5m from the original plans submitted with the application. Primary living rooms are located on the ground floor and all first floor windows facing the side boundaries have high sill heights and are low-activity rooms. It is unreasonable to require a dwelling in this setting to only have front and rear facing windows or doors.

Floor space ratio and impervious area non-compliance

62. Comment: The amended proposal complies with the maximum FSR standard applicable to the site and exceeds the required amount of deep soil on the site.

Risk of damage to neighbouring property

63. Comment: Standard conditions of consent are recommended in relation to construction activity and damage to adjoining properties. The deletion of the basement level has reduced the extent of excavation.

The design in inconsistent with neighbouring dwellings

64. Comment: The proposed design has been assessed on its merits and is supported.

Round 2 of Notification (amended plans submitted October 2018) November 2018

65. In addition to issues raised and addressed in Round One above.

One garage in front of the other

66. Comment: The amended plans submitted in October 2019 have reduced the extent of the distance that one garage is located in front of the other to 1.5m. Given the established pattern of development in the immediate locality, of garages located forward of the building line, the proposed arrangement is supported.

Round 3 of Notification March 2019

67. No additional issues raised that have not been addressed in Round One or Round Two.

REFERRALS

Council Referrals

Stormwater Engineering

68. Council’s Stormwater Engineer has carried out an assessment of amended proposal and has raised no issue subject to the connection of stormwater to the easement.

Development Engineering

69. Council’s Development Engineer has carried out an assessment of the proposed stormwater management system for the site. The proposal is supported subject to the connection of the stormwater from the site to the easement within the Golf Course land.

70. The proposal relies on connection to an existing easement located on Council land (the golf club) at the rear of the property. The applicant was unable to obtain the approval of the Golf Club during the assessment of the application, and as such a deferred commencement condition has been recommended providing the applicant 36 months to obtain an easement over the Council-owned land at the rear of the site, currently leased by the Golf Club.

Tree and Landscape Officer

71. Council’s Tree and Landscape Officer has carried out an assessment of the proposed tree retention and tree removal for the site, and has raised no concerns with the proposal subject to conditions of consent for replacement planting.

Public Interest

72. The proposal is of a scale and character that will not conflict with the public interest, given the density and built form.

CONCLUSION

73. The proposal has been assessed with regard to the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is an appropriate response to the context of the site and will result in a good planning and urban design outcome in the locality.

74. The proposal has been assessed against the provisions of the Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013 and complies with the height of building and floor space ratio development standards of the Local Environmental Plan and meets the objectives of the Kogarah Development Control Plan 2013. Any variations to the DCP controls have been addressed and are worthy of support on merit.

75. The proposal will not result in adverse impacts to the amenity of adjoining properties subject to the conditions of consent recommended below.

76. A deferred commencement condition in relation to drainage has been recommended as follows:

a) The applicant must acquire an Easement to Drain Water of 1.0 metre (minimum) width. The easement must allow for a piped, gravity fed system of drainage of stormwater from the subject site with direct, underground connection to Council's pipe in the adjacent downstream property.

Evidence of registration of the easement to drain water benefitting the subject site and burdening the title of the affected property is to be provided to Council.

b) A plan showing the longitudinal section of the proposed pipe within the drainage easement with detailed connection into Council’s pipe shall accompany the submission.

77. For the above reasons, the proposal is recommended for deferred commencement approval subject to the conditions included within the recommendation below.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

78. The reasons for this recommendation are:

· The proposal is an appropriate response to the site and is consistent with the desired future character of the R2 zone and existing development in the locality.

· The proposal is fully compliant with the maximum height of building and floor space ratio limits that applies to the site under Kogarah Local Environmental Plan 2012.

· The proposal’s bulk and scale is appropriately contained within a generally compliant building envelope that is respectful of the established character of the area in relation to height, street setback and boundary setbacks.

· The proposal has sufficient façade modulation and wall articulation that will serve to provide visual interest and reduce the bulk of the building.

Determination

79. THAT pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 (as amended) development consent is granted to Development Application DA2018/0098 for demolition, tree removal and construction of a dual occupancy at Lot 19 in DP 8888, known as 45 Burgess Street, Beverley Park, subject to the following conditions of consent.

80. This Development Application is a Deferred Commencement Consent under Section 4.16(3) of the Environmental Planning and Assessment Act (as amended) 1979. Strict compliance is required with all conditions appearing in Section A within thirty six (36) months from the Determination Date of this consent. Upon confirmation in writing from Georges River Council that the Section A Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.

Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent will not operate until the following requirements are satisfied:

SECTION A – DEFERRED COMMENCEMENT CONDITIONS

A. Deferred Commencement – Drainage - Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent will not operate until such time as the following requirements are met to the satisfaction in writing of the Manager Development and Building.

Evidence of registration of the easement to drain water benefitting the subject site and burdening the title of the affected property is to be provided to Council.

b) A plan showing the longitudinal section of the proposed pipe within the drainage easement with detailed connection into Council’s pipe shall accompany the submission.

Documentary evidence as requested or the above information must be submitted within thirty six (36) months of the granting of this deferred commencement consent.

Commencement of the consent cannot occur until written approval of the submitted information has been given to Council.

Subject to the above being satisfied, development consent be issued, subject to the following conditions:

SECTION B – GENERAL DEVELOPMENT CONDITIONS

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 Plan	A02.01	25.10.19	D	ArtMade Architects
Ground Floor Plan	A03.01	25.10.19	D	ArtMade Architects
First Floor Plan	A03.02	25.10.19	D	ArtMade Architects
External Elevations Sheet 1	A04.01	25.10.19	D	ArtMade Architects
External Elevations Sheet 2	A04.02	25.10.19	D	ArtMade Architects
Building Sections	A05.01	25.10.19	D	ArtMade Architects
Schedule of External Finishes	A06.01	25.10.19	D	ArtMade Architects
Landscape Plan	L-01	23.10.18	B	RFA Landscape Architects

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.

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.

3. Driveway Crossing - Minor Development - Constructing a driveway 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 “Application for Driveway Crossing and Associated Works on Council Road Reserve” issued under Section 138 Roads Act.” 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 Driveway Crossing applications.

An approval for a new or modified driveway 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.

The design boundary level is to be received from Council prior to construction of the internal driveway.

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.

5. Subdivision - No approval is granted to the subdivision of this dual occupancy.

Requirements of Concurrence, Integrated & Other Government Authorities

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

7. 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.

Prior to the Issue of a Construction Certificate

8. 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.

9. 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.

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 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
GENERAL FEES
Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation. See https://portal.longservice.nsw.gov.au/bci/levy/
Builders Damage Deposit	$1,900.00
Inspection Fee for Refund of Damage Deposit	$155.00
DEVELOPMENT CONTRIBUTIONS
Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential	$645.30
Kogarah Section 94 Development Contributions Plan No.5 - Open Space 2007	$29,916.04
Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Buildings	$783.44
Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books	$558.60

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.

Indexation

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

Timing of Payment

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

Further Information

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

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

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

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

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.

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

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

13. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 903114M_02 must be implemented on the plans lodged with the application for the Construction Certificate.

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

Landscape Plans

Amended landscape plans are to be submitted with the Construction Certificate plans that reflect the approved plans and the conditions in relation to additional planting listed in this consent.

15. 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.

16. 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) Prior to the issue of a Construction Certificate, a longitudinal section of the new stormwater pipe from the subject site through the adjacent downstream property: surface levels, invert levels and public utility services shall be submitted to Council’s satisfaction.

(b) All stormwater from the site shall drain by gravity to a new proposed Junction Pit over Council’s existing pipe subject to the satisfaction of Council’s Asset and Infrastructure engineers in writing prior to the issue of the Construction Certificate.

(c) The construction of the new proposed site stormwater disposal pipe shall be to the satisfaction of Council’s Asset engineer for approval.

(d) It is recommended that the design of the driveway profile shall keep a crest level along the boundary to avoid that the street gutter flow would be running into the basement.

(e) 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.

17. 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).

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

19. Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Ray Fuggle Architects, reference numbers - 4415a, L - 01. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

a) A replacement tree for the Elaeocarpus reticulatus proposed within the backyard is to be replaced with an Australian native that shall reach a height of nine (9) metres at maturity.

b) Two Callistemon viminalis are to be planted on the council verge.

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

20. Tree Protection and Retention - The following trees shall be retained and protected:

Tree Species	Location of Tree / Tree No.	Tree Protection Zone (metres) Fencing distance out from tree
Magnolia grandiflora ”Little Gem”	Within backyard of 47 Burgess St Beverley Park	3.0 metres
Magnolia grandiflora “Liittle Gem” x 2	Within front yard of 47 Burgess St Beverley Pk	2.4 metres

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

General Tree Protection Measures

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

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

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

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

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

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

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

Excavation works near tree to be retained

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

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

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

Details satisfying this condition shall be shown on the Construction Certificate plans.

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

21. Tree Removal & Replacement - Tree removal - Permission is granted for the removal of the following trees:

Tree Species	Number of trees	Location
Gingko biloba	X1	Within backyard, south fence
Schefflera actinophylla	X1	Within backyard, south fence
Plumeria acutifolia	X1	Front yard of site
Callistemon viminalis	X1	Councils street tree

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 and or 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.

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.

22. Allocation of street addresses - In order to comply with AS/NZS 4819:2011 Rural and Urban Addressing, the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements, the street addresses for the subject development is allocated as follows:

Dwelling description on plans	Location within development	Proposed street address to comply with AS/NZS 4819:2011 and NSW Addressing Manual
Lot A	Northern dwelling	45 Burgess Street BEVERLEY PARK NSW 2217
Lot B	Southern dwelling	45A Burgess Street BEVERLEY PARK NSW 2217

Details indicating compliance with this condition must be shown on the plans lodged with any Construction Certificate for approval.

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

23. 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.

24. 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.

25. 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.

26. 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 the Principal Certifying Authority (PCA) and Council for their records.

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

a) Set out before commencing excavation.

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

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

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

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

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

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

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

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

During Construction

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

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

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

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

32. 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.

33. 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.

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

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

35. 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).

36. 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 the issue of the Occupation Certificate

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

38. 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.

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

(e) 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.

39. 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;

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

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

40. 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.

41. Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate in accordance with approved landscape plans and specifications, drawn by Ray Fuggle Architects, reference numbers - 4415a, L - 01. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

a) A replacement tree for the Elaeocarpus reticulatus proposed within the backyard be replaced with an Australian native that shall reach a height of nine (9) metres at maturity.

b) Two Callistemon viminalis are to be planted on the council verge.

42. 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 ‘Application for Driveway Crossing and Associated Works on Council Road Reserve’ approval issued by Council’s Assets and Infrastructure Division.

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.

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

Operational Conditions (Ongoing)

44. 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.

45. 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.

46. 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 & Assessment Act 1979

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

48. 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:

(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 PCA for your development.

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

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

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

50. 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.

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

52. 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.

53. 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

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

55. 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.

56. 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 PCA and the Principal Contractor.

57. Clause 98B - Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council. The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

58. 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.

59. Clause 98E - Site Excavation - Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site.

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

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

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

Advice

60. 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.

61. 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.

62. 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.

63. 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.

64. 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.

65. 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 and/or Section 68 Local Government Act 1993:

(a) Complete the Stormwater Drainage Application Form which can be downloaded from Georges River Council’s website at www.georgesriver.nsw.gov.au.

(b) In the Application Form, quote the Development Consent No. (eg. DA2018/0***) 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 stormwater applications.

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 stormwater 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.

66. 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.

67. 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).

ATTACHMENTS

Attachment ⇩1

Site and Elevation Plans

Georges River Council – Local Planning Panel Thursday, 21 November 2019

Page 49

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 November 2019

LPP Report No	LPP051-19	Development Application No	DA2018/0181
Site Address & Ward Locality	172-174 Railway Parade and 1B Gray Street Kogarah Kogarah Bay Ward
Proposed Development	Demolition of existing structure and construction of a twelve (12) storey shop top housing development consisting of fifty two (52) residential apartments, ground floor commercial/retail floor area and three (3) levels of basement car parking.
Owners	Majenttas Pty Ltd
Applicant	AB Works
Planner/Architect	Planner: Devlin Planning Pty Ltd; Architect: AB Works
Date Of Lodgement	8/05/2018
Submissions	Two (2)
Cost of Works	$18,300,557 .00
Local Planning Panel Criteria	The application relates to development to which the State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development applies.
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Kogarah Local Environmental Plan 2012, Kogarah Development Control Plan 2012
List all documents submitted with this report for the Panel’s consideration	Statement of Environmental Effects Site Plan and Elevation Plans Landscape Plans
Report prepared by	Senior Development Assessment Planner

Recommendation

That the application be deferred and the applicant shall submit a Remediation Action Plan (RAP) in accordance with State Environmental Planning Policy 55 – Remediation of Land and the Managing Land Contamination Planning Guidelines within 90 days.

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. These conditions can be viewed when the agenda is published.

Site Plan

The development site is outlined in red.

Executive Summary

Proposal

1. The development application proposes demolition works and construction of a twelve (12) storey shop top housing development comprising three (3) levels of basement parking. Three (3) retail tenancies fronting Railway Parade are proposed on the ground floor, with vehicular access proposed from Gray Street. The total number of units proposed is fifty two (52) residential units (10 x 1 bedroom units, 39 x 2 bedroom units and 3 x 3 bedroom units). Communal open space is provided on the first floor and on the rooftop.

Figure 1: Photomontage of the proposal

Site and Locality

2. The subject site is legally identified as Lot 11 in DP911188 and Lots 2 and 3 in DP1753, and has a street address of 1B Gray Street and 172-174 Railway Parade, Kogarah.

3. The site is located on the corner of Railway Parade and Gray Street. The site currently contains a single storey brick building on the corner of Railway Parade and Gray Street.

4. The intersection of Gray Street and Railway Parade is a signalised intersection.

5. The wider locality features a diverse mix of land uses including primarily medical related uses, commercial/retail activities, shop top housing and the St George Hospital campus, further to the south east.

Zoning and Permissibility

6. The site is zoned ‘B4 Mixed Use’ under the Kogarah Local Environmental Plan 2012 (KLEP). The development is defined as shop top housing under KLEP which is permissible with consent in this zone.

Submissions

7. The development application was publicly exhibited in accordance with the provisions of the Kogarah Development Control Plan 2013. Two (2) submissions were received in response.

8. Amendments to the application undertaken during the course of its assessment were not required to be publicly notified in accordance with the development control plan, as they did not result in significant additional environmental impacts.

Level of Determination

9. This development application is referred to the Local Planning Panel for consideration and determination as it comprises development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies as required by the Ministerial Direction of 23 February 2018.

Conclusion

10. The proposed development has been assessed having regard to the matters for consideration under Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The proposal is acceptable and it is recommended for approval subject to conditions.

Report in Full

Description of Proposal

11. The development application proposes demolition works and construction of a 12 storey shop top housing development including three (3) levels of basement parking. Three (3) retail tenancies fronting Railway Parade are proposed on the ground floor, with vehicular access from Gray Street. The total number of residential units proposed is 52 (10 x 1 bedroom units, 39 x 2 bedroom units and 3 x 3 bedroom units). Communal open space is provided on the first floor and on the rooftop.

12. Specifically, the proposal includes the following:

Basement Levels

· Basement Level 1 - This basement level contains 18 parking spaces, residential storage, bicycle parking, two (2) lift, egress stairs and plant.

· Basement Level 2 - This basement level contains 28 parking spaces, residential storage, two (2) lifts, egress stairs and plant.

· Basement Level 3 - This basement level contains 29 parking spaces, residential storage, two (2) lifts, egress stairs and plant.

Ground Floor

The ground floor contains three (3) retail tenancies fronting Railway Parade, the residential entry lobby from Gray Street, service and plant rooms, an accessible WC, lift and stair access to the basements and levels above. Vehicular access to the site is from Gray Street, and five parking spaces plus a loading bay are located on this level, as well as the commercial and residential bin store rooms.

Level 1

This level contains five units (1 x 1 bedroom, 3 x 2 bedroom and 1 x 3 bedroom units). An area of communal open space is also provided on this level at the rear of the units.

Levels 2 and 3

These levels contain five units each (1 x 1 bedroom, 3 x 2 bedroom and 1 x 3 bedroom units).

Levels 4 to 10

These levels contain five units at each level (1 x 1 bedroom and 4 x 2 bedroom units).

Level 11

This level contains 2 x 2 bedroom units and an area of communal open space and supporting services.

Description of the Site and Locality

13. The subject site is legally identified as Lot 11 in DP911188 and Lots 2 and 3 in DP1753, and has a street address of 1B Gray Street and 172-174 Railway Parade, Kogarah. The site is located on the corner of Railway Parade and Gray Street.

The site currently contains a single storey brick building in poor condition on the corner of Railway Parade and Gray Street and a vacant allotment.

14. The site is of an irregular shape, having street frontages of 26.72m to Railway Parade, 28.395m to Gray Street, a depth of 45.185m along the south western site boundary and an overall area of 1,097sqm.

15. The intersection of Gray Street and Railway Parade is a signalised intersection.

16. Immediately to the south west of the site is an at-grade car park and single storey commercial building known as 176-178 Railway Parade. Immediately to the south east at 1A Gray Street is a substation.

17. Across Gray Street to the east are terraces at 4-14 Gray Street, which are listed in Schedule 5 of Kogarah LEP 2102 as heritage items of local significance (Item I75).

18. Across Railway Parade from the site is the Illawarra Railway Line and associated commuter car parking.

19. The site is situated on the south western edge of the Kogarah Town Centre forming part of a narrow strip of uses along the southern side of Railway Parade that is in the process of transitioning from a mix of small scale residential and commercial land uses into a range of commercial and residential uses permitted under the Local Environmental Plan.

20. To the north east of the site (the Town Centre) features a diverse mix of land uses including primarily medical related uses, commercial/retail activities, shop top housing and most prominently the St. George Hospital campus. Kogarah railway station and the adjoining retail complex known as Kogarah Town Centre are approximately 400m walking distance from the site.

21. The character of development south and west of the site (with the exception of the aforementioned strip along Railway Parade) is dominated by residential land uses including dwelling houses, residential flat buildings and similar. The scale of development generally diminishes with the distance from Railway Parade and Gray Street to the south west.

22. The current nature of the site and its immediate surrounds are illustrated in figures 2 to 5 below.

Figure 2: The site as viewed from the intersection of Railway Parade and Gray Street

Figure 3: The site as viewed from Railway Parade

Figure 4: Substation at 1A Gray Street

Figure 5: Development on the eastern side of Gray Street

PLANNING ASSESSMENT

23. The subject site has been inspected and the development has been assessed under the relevant Section 4.15, Matters for Consideration of the Environmental Planning & Assessment Act 1979.

Environmental Planning Instruments

State Environmental Planning Policies

24. Compliance with relevant State Environmental Planning Policies is summarised in the table as follows and discussed in more detail thereafter.

State Environmental Planning Policy	Complies
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	N/A
State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development	Yes
State Environmental Planning Policy – Infrastructure	Yes

State Environmental Planning Policy No 55 - Remediation of Land

25. 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.

26. 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.

27. A Detailed Investigation Report was submitted with the application, which concludes:

‘At the time of the site investigation, Lots 2 & 3 are vacant, and a dilapidated building occupied Lot 11. Fibre cement sheeting which is expected to contain asbestos was identified within the fabric of the dilapidated building on Lot 11. The site was enclosed, although breaches in the wire mesh fence were noted along the western boundary.

Soil samples were recovered from a total of seven locations across the site for this investigation, and the results of the sample analyses have shown that the concentrations of chemical contaminants in the soils across the site are generally low and at levels that would not present an unacceptable risk to human-health for a commercial/high density residential land use setting. Further, the site is not likely to be a source of unacceptable groundwater impacts.

However, both bonded asbestos and friable asbestos/asbestos fines were identified in the fill material on the southern half of the site. The concentrations of bonded asbestos and friable asbestos/asbestos fines identified in BH5 and BH6A respectively exceed the screening criteria. The asbestos impacted soil could present a potential risk to human-health for a commercial/high-density residential land use setting if

a) the soil was to remain on the site and

b) if the affected soil was to be accessible to site occupants.

Remediation of the asbestos impacted soil will be necessary to make the site suitable for the proposed mixed commercial and high-density residential redevelopment. However, given that most of the site is proposed to be bulk excavated for a basement car parking area, remediation might be achieved simply by redeveloping the site in accordance with the proposed plans. Proposed excavation works at the site should be carried out according to a remediation action plan (RAP). The plan would define the remediation objectives and strategies to make the land suitable for the intended use.

Further soil sampling will be required to validate the success of the remedial strategies.’

28. In line with the requirements of SEPP 55, a Remedial Action Plan is required to be submitted to Council prior to ensure the site complies with the provisions of SEPP 55 and can be remediated to be fit for purpose. Whilst a contamination assessment report has been submitted, a Remediation Action Plan has not. As this information has not been lodged with the application and certainty is not provided, the application is recommended to be deferred to enable the applicant to prepare and submit the report.

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

29. The State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 aims to ensure consistency in the implementation of a scheme to encourage sustainable residential development throughout New South Wales (also referred to as the ‘BASIX scheme’).

30. A BASIX certificate accompanies the DA verifying that the relevant water, energy and thermal comfort targets have been met by the proposal. Conditions of consent have been included in the recommendation to ensure the commitments required under the BASIX certificate will be satisfied by the proposed development.

State Environmental Planning Policy (Infrastructure) 2007

31. The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State.

32. The DA was referred to Ausgrid on 10 May 2019 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Comments were received on 26 September 2019 and 2 October 2019. A deferred commencement condition has been recommended to address the issues raised by Ausgrid in their comments, which include requirements for a Vibration Management Plan, a Displacement Monitoring Plan, and amended shoring plans to the satisfaction of Ausgrid.

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

33. The State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (‘Vegetation SEPP’) regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.

34. The Vegetation 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).

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

36. No issues arise in terms of the provisions of the Vegetation SEPP, as there is no significant vegetation on the site or within the footpath area or immediately fronting the site. Further, there is no significant vegetation on immediately adjoining properties in close proximity to the site.

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

37. The State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (‘SEPP 65’) aims to improve the design quality of residential apartment development in New South Wales.

38. The proposed development meets the pre-requisites for the application of the SEPP 65 in that it constitutes development for the purpose of ‘shop top housing’ in a proposed building of more than three (3) storeys and having more than four (4) dwellings. Therefore, it must be assessed against the provisions of SEPP 65 and the Apartment Design Guide (ADG).

39. A design verification statement dated February 2018 has been provided by Jim Apostolou Registered Architect (Registration No. 7490) in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000.

40. The DA has been reviewed by the Design Review Panel (DRP) and their comments are further detailed in the DRP discussions below.

Design Review Panel

41. The initial plans that accompanied the application were referred to the Design Review Panel (DRP) on 5 July 2018. The design quality principles of SEPP 65 are addressed as follows, in the context of the DRP comments. Commentary in response has been provided by the Assessment Officer where necessary.

SEPP 65 – Design Quality of Residential Flat Buildings

DRP Comment

General 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 site is in an area of transition to mixed use along Railway Parade. The land to the south east is zoned R3 with a height control of 21m. To the immediate south east of the site in Gray Street there is one (1) storey substation. To the south west of the site there is a range of commercial buildings not yet developed. The design responds well to the context by concentrating the building to the north and north east portion of the site which minimises overshadowing of properties to the south east. The location is subject to a Sydney Airport Obstacle Limitation surface of AHD51m. The proposed highest point of the building is RL66.20. The Council Planner’s notes state that the application has been referred to Sydney Airport Corporation.

The proposal is suitable for the site within the context of the locality which is undergoing transition to a higher density of mixed use, commercial and residential development.

Approval for controlled activity has been granted by Sydney Airport.

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.

Satisfactory - see above

The recessed roller door shutter to the basement should be moved forward to align with the electricity substation and to provide a clearly defined streetscape interface.

The proposed bulk, scale and height of the building are supported and will set a positive example for future development in the locality. The ground floor relates well to the public domain and is an improvement on the streetscape.

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.

Complies

The proposed development has an FSR of 4:1 which complies with the LEP maximum for the site of 4:1.

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.

Subject to BASIX

Solar access and cross ventilation is satisfactory.

The proposal is BASIX compliant.

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 proposal includes a communal open space on Level 1 to the rear of the development and a communal roof top space. The proposal also includes streetscape upgrades to Railway Parade and Gray Street.

The following recommendations are made to improve communal open space on Level 1:

· Reconfiguration of Unit 105 to provide direct access from the lift lobby to communal open space. This would require review of the terrace proposed adjacent to the communal open space which should still be accommodated, and designed to ensure adequate privacy between the unit and communal area.

· Substitution of the proposed species in the deep soil zone. It is recommended that taller trees be used to replace the melaleuca stypholioides.

· Relocate children’s play area to provide more planting and screening to private open space

· Provide a WC

The roof top space is well designed and will provide very positive amenity for residents. A WC is required.

The landscaped communal open space areas located at the first floor and rooftop are well designed and will provide high levels of amenity for residents.

Direct access is provided from the lift lobby to the COS and greater separation and planting is provided between the POS terrace of U1.05 and the COS.

Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident wellbeing.

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 Panel discussed arrangements for collection of garbage bins. The method of collection of residential garbage bins needs to be resolved in consultation with Council‘s Waste Management Officer. The Panel was concerned that a large number of bins could be lined along the kerb for collection detrimentally impacting the streetscape. It is understood the commercial garbage will be collected by a private contractor within the building.

At fourth and sixth floors screens are shown on north facing terraces. The impact of these screens in reducing solar access needs to be investigated.

Units 404, 504, 604, 704, 804, 904 and 1004 have a very narrow triangular section of balcony adjacent to the bedrooms. This section of balcony is inaccessible and will be difficult to clean and should be reconfigured.

Otherwise satisfactory.

The proposal will provide high levels of residential amenity with regard to solar access, natural ventilation, communal open space and building facilities.

The bins have been changed from 240L to 1,100L bins to reduce the number of bins servicing the development and on the street on collection days.

The screens have been relocated to the western elevation of the terraces to improve solar access into the units.

These balconies have been redesigned to provide a greater setback to the street and are now a Juliette style balcony rather than an extension of the primary balcony.

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.

An additional bollard is required at the north west corner of the lift waiting area in the basements.

Otherwise satisfactory.

The design is acceptable in terms of safety and security and the ground level commercial spaces will activate the street and allow for casual surveillance. Bollards have been nominated on floor plans.

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.

The Panel recommends more three (3) bedroom units be provided in accordance with ADG guidelines.

The Panel recommends that there should be a mix of one (1) bedroom and two (2) bedroom adaptable units.

A WC should be provided to the rooftop communal open space and the Level 1 communal open space.

The proposal provides the following unit mix:

10 x 1 Bedroom units

39 x 2 Bedroom

3 x 3 Bedroom units

The adaptable units are all 1 bedroom units. A condition has been included that at least one 2B unit is adaptable.

A WC has not been provided on either COS level.

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.

Acceptable

The proposed materials and finishes are suitable for the design of the building and contribute positively to the streetscape and the broader locality.

Apartment Design Guide

42. An assessment of the proposed development against the relevant design criteria of the Apartment Design Guide (ADG) is detailed in the compliance table as follows.

Note: where relevant, the figures/percentages in the ADG compliance table have been rounded up/down to the nearest whole number.

Section	Design Criteria	Proposed	Comply
3D - Communal and public open space	Communal open space has a minimum area equal to 25% of the site (1079 x 0.25 = 269.75sqm)	Communal open space is located on the first floor (357sqm and on the rooftop (170sqm) totalling 527sqm or 48.8% of the site area.	Yes
3D - Communal and public open space	Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)	2 hours of sunlight is achieved to at least 50% of the communal open space areas, with the roof top area receiving direct sunlight.	Yes
3E – Deep soil zones	Deep soil zones are required at a sliding scale in this clause. For a site area of 1079sqm, the deep soil zone requirement is a deep soil zone of 7% with minimum 3m dimensions.	78sqm (7%) of deep soil is provided on the eastern side of the site with dimensions of 4.5m x 18.29m.	Yes
3F – Visual privacy	Minimum required separation distances from buildings to the side and rear boundaries are as follows: · For building height up to 12m / 4 storeys – Habitable rooms and balconies 6m; and non-habitable rooms 3m. · For building height up to 25m / 5-8 storeys – Habitable rooms 9m; and non-habitable rooms 4.5m. · For building height over 25m / 9+ storeys – Habitable rooms 12m; and non-habitable rooms 6m	Setbacks to south-east boundary: Ground – landscaped setback to blank wall 4.5m. Levels 1 to 3: Minimum of 15m to a habitable window (13.6m to balcony edge L1). Level 4: Minimum 15m to balcony edge. Level 5 to 10: Minimum 16m to balcony edge Level 11: there are no habitable windows or balconies facing the southern boundary.	Yes
3J – Bicycle and car parking	For development in the following locations: · on sites that are within 800m of a railway station or light rail stop in the Sydney Metropolitan Area; or · on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less The car parking needs for a development must be provided off street	Required parking: (10) 1B x 0.4 = 4 (39) 2B x 0.7 = 27 (3) 3B x 1.2 = 3.6 Visitor 1/7 (52) = 7.4 Total = 42 car spaces Provided: 66 residential 8 visitor 6 retail	Yes
4A – Solar and daylight access	Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9am and 3pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas	100% of units achieve minimum 2 hours sunlight in mid-winter.	Yes
4A – Solar and daylight access	A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm at mid-winter	All units receive some level of direct sunlight.	Yes
4B – Natural ventilation	At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.	60% of units are cross ventilated (Levels 1-8). Levels 9 to 11 all comply.	Yes
4B – Natural ventilation	Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.	All of the proposed units are less than 18m in depth.	Yes
4C – Ceiling heights	Measured from finished floor level to finished ceiling level, minimum ceiling heights are: · Habitable rooms 2.7m · Non-habitable rooms 2.4m · For 2 storey apartments: 2.7m for main living area floor 2.4m for second floor, where its area does not exceed 50% of the apartment area · Attic spaces: 1.8m at edge of room with a 30 degree minimum ceiling slope · If located in mixed use areas - 3.3m for ground and first floor to promote future flexibility of use These minimums do not preclude higher ceilings if desired.	All of the proposed units have ceiling heights of 2.8m.	Yes
4D – Apartment size and layout	Apartments are required to have the following minimum internal areas: Studio – 35sqm 1 bedroom – 50sqm 2 bedroom – 70sqm 3 bedroom – 90sqm The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5sqm each A fourth bedroom and further additional bedrooms increase the minimum internal area by 12sqm each.	All apartments meet the minimum internal size requirements. Calculated accordingly. N/A	Yes Yes N/A
	Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.	All within the prescribed range. It is noted that all bathrooms are internal except for units X.05 which have a window	Yes
	Habitable room depths are limited to a maximum of 2.5m x the ceiling height.	All within the prescribed range.	Yes
	In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window	All within the prescribed range.	Yes
	Master bedrooms have a minimum area of 10sqm and other bedrooms 9sqm (excluding wardrobe space)	All bedrooms comply.	Yes
	Bedrooms have a minimum dimension of 3m (excluding wardrobe space)	All bedrooms comply.	Yes
	Living rooms or combined living/dining rooms have a minimum width of: · 3.6m for studio and 1 bedroom apartments · 4m for 2 and 3 bedroom apartments	All living rooms comply.	Yes
	The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.	All of the proposed units are in excess of 4m in width internally.	Yes
4E – Private open space and balconies	All apartments are required to have primary balconies as follows: · Studio apartments require 4sqm with no min depth · 1 bedroom apartments require 8sqm with min depth 2m · 2 bedroom apartments require 10sqm with min depth 2m · 3+ bedroom apartments require 12sqm with minimum 2.4m depth The minimum balcony depth to be counted as contributing to the balcony area is 1m.	All primary balconies achieve the minimum area and depth requirements. Calculated accordingly.	Yes Yes
4E – Private open space and balconies	For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15sqm and a minimum depth of 3m.	There are no ground floor units proposed.	N/A
4F – Common circulation and spaces	The maximum number of apartments off a circulation core on a single level is eight.	A maximum of 5 units at each level.	Yes
4F – Common circulation and spaces	For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.	Two lifts service 52 apartments and 3 levels of basement parking.	Yes
4G - Storage	In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided: · Studio apartments require 4m³ · 1 bedroom apartments require 6m³ · 2 bedroom apartments require 8m³ · 3+ bedroom apartments require 10m³ At least 50% of the required storage is to be located within the apartment.	All units have compliant total storage volumes as per the Apartment Design Guide (ADG) volumes. At least 50% of storage is located within the apartments.	Yes Yes

Draft Environmental Planning Instruments

Draft Environment SEPP

43. The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.

44. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.