Agenda of Georges River Local Planning Panel (LPP)

Georges River Council – Local Planning Panel Thursday, 7 May 2020

Page 2

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

LPP021-20 57-59 Trafalgar Street Peakhurst - DA2018/0285

(Report by Senior Development Assessment Officer)

LPP022-20 565 King Georges Road Penshurst - DA2019/0545

(Report by Senior Development Assessment Planner)

LPP023-20 28 Princes Highway Kogarah - DA2019/0387

(Report by Senior Development Assessment Planner)

4. Confirmation of Minutes

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 May 2020

LPP Report No	LPP021-20	Development Application No	DA2018/0285
Site Address & Ward Locality	57-59 Trafalgar Street Peakhurst Peakhurst Ward
Proposed Development	Demolition works and construciton of four (4) storey residential flat building containing fourteen (14) units, twenty one (21) car parking spaces, site and landscaping works
Owners	Xia LI, Mourad Pty Ltd, CPM Property Management Pty Ltd, Younan Management Pty Ltd
Applicant	Cornerstone Design
Planner/Architect	Planner: BMA Urban, Architect: Cornerstone Design
Date Of Lodgement	11/07/2018
Submissions	Two (2) submissions in response to re-notification
Cost of Works	$3,442,151.10
Local Planning Panel Criteria	The application si subject to SEPP 65 Design Quality of Residential Apartment Development.
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy BASIX 2004, State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development, State Environmental Planning Policy Infrastrucutre 2007, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft Georges River Local Environemental Plan 2020, Draft SEPP (Environment) 2017), Draft Remediation SEPP, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No 1 - LGA Wide, Draft Georges Rover Local Environmental Plan 2020
List all documents submitted with this report for the Panel’s consideration	Local Planning Panel Report 21 November 2019 Local Planning Panel Minutes 21 November 2019 Amended Architectural Plans and Accompanying Documentation Submissions received in relation to re-notification
Report prepared by	Senior Development Assessment Officer

Recommendation

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

Summary of matters for consideration under Section 4.15

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

Yes

Legislative clauses requiring consent authority satisfaction

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?

A Clause 4.6 Exception to Development Standard for variation to Hurstville Local Environmental Plan Clause 4.3 Height of Building was previously considered within the original assessment report

Special Infrastructure Contributions

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

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

No. The conditions can be reviewed when the report is published.

Site Plan

Figure 1: Aerial of subject site (57-59 Trafalgar Street, Peakhurst) outlined in blue

EXECUTIVE SUMMARY

1. This addendum report has been prepared following the deferral of the subject application (DA2018/0285). The application seeks development consent for the demolition works and construction of a four (4) storey residential flat building containing fourteen (14) units, twenty one (21) car parking spaces, site and landscaping works on land known as 57-59 Trafalgar Street, Peakhurst.

2. The application was considered by the Georges River Local Planning Panel (LPP) on 21 November 2019. The Panel resolved to defer consideration of the application to allow the applicant to submit amended plans in relation to site isolation, setbacks and additional information regarding non-compliances with Council’s controls.

3. The applicant, following this deferral, has submitted the following information as requested by Panel. The additional information has been accepted by Council under Clause 55 of the Environmental Planning and Assessment Regulation 2000.

4. The amended proposal was renotified, in response two (2) submissions were received which have been addressed in further in detail within this report.

5. Following an assessment of the amended proposal of which resolves Council’s key concerns, the application is recommended for approval subject to conditions of consent.

REPORT IN FULL

A. BACKGROUND

6. At its meeting on 21 November 2019, the Local Planning Panel considered the subject application and resolved the following:

Deferral

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended Development Application 2018/0285 for demolition works and construction of a three (3) storey residential flat building containing fourteen (14) units, twenty one (21) car parking spaces, site and landscaping works on land known as 57-59 Trafalgar Street, Peakhurst be deferred and invites the applicant to submit the following;

1. Information to relation to site isolation in accordance with the Hurstville Development Control Plan.

2. Amended plans having regarding to the fact that the current plans are based on an incorrect assumption about the setback of the building at 61-65 Trafalgar Street, Peakhurst.

3. Additional information dealing with the issues raised within the assessment report.

The matter is to be referred back to a Panel public meeting for determination within 90 days.

7. It is noted that the applicant submitted additional information within the 90 day time frame specified by the Local Planning Panel (LPP), however additional time was required for the plans to be re-notified in accordance with Council’s Development Control Plan/Community Consultation Plan.

B. AMENDED PLANS AND REPORTS

8. Post LPP deferral the applicant had submitted revised sets documentation for consideration. The documents considered as part of this assessment are detailed below:

- Response letter dated 17 February 2020 prepared by Cornerstone Design.

- Architectural plans dated December 2019 prepared by Cornerstone Design.

· The proposal results in minor internal configuration changes to the basement level regarding car parking layout.

· Unit layout configurations to south east corner units G.03, 1.03 and 2.03 whereby the location of the balcony with new privacy screens and bedrooms have been amended.

· Increase in communal open space on roof top level.

9. It is noted that the proposal does not seek a reduction in setbacks or a change in unit composition previously sought.

10. In addition to the above, the following documentation has been provided:

- Email correspondence from the owner of 55 Trafalgar Street, Peakhurst dated 21 November 2019 prepared by New South Wales Land and Housing Corporation;

- Concept schematic design of a proposal for the adjoining property at 55 Trafalgar Street, Peakhurst prepared by Cornerstone Design;

- Town Planning response in relation to site isolation at 55 Trafalgar Street, Peakhurst prepared by BMA Urban;

- Amended BASIX Certificate 942206M_02 dated 31 January 2020 prepared by Building and Energy Consultants Australia;

- Car parking and Driveway Certification dated November 2019 prepared by Motion Traffic Engineers;

- Landscape Plan prepared by Zenith Landscape Designs Pty Ltd.

11. The above documentation has been considered as part of this assessment.

C. ASSESSMENT

12. This addendum report has addressed the reasons for deferral as follows.

13. Reason for Deferral 1

Information to relation to site isolation in accordance with the Hurstville Development Control Plan.

In relation to isolation the original assessment report stated the following;

“The applicant has not addressed site isolation within the application and therefore attempts under planning principle “Karavelas ats Sutherland Council” have not been undertaken. A diagram or schematic has not been provided to demonstrate how a reasonable built form could be accommodated on 55 Trafalgar Street, Peakhurst in consideration with the 6m spatial separation to the eastern side boundary generated by the development and the 3m – 6m setbacks”.

14. Applicant’s response: The following response has been extracted from the applicant’s submitted documentation, namely:

“The DCP requires that a 24m lot width be provided for residential flat development which is the predominant development typology within the context.

Our client made contact with the Land and Housing Corporation who are the registered owners of the site at 55 Trafalgar Street that will become isolated as a result of the proposed development. The response from the LAHC representative was as follows:

"The Land and Housing Corporation (LAHC) has reviewed the suitability of 55 Trafalgar St, Peakhurst in the context of the broader social housing portfolio. LAHC has decided that this property will be retained at this point in time.”

If this LAHC property is deemed unsuitable for retention in the future and becomes available for sale, it will be marketed for sale and advertised on www.realestate.com.au".

“As stated above, it was clearly demonstrated by the LAHC that they have no intention to part with the subject land at 55 Trafalgar Street. Unlike transactions between private treaties, this decision by the LAHC is considered as set and final and does not leave itself open for any further negotiations to take place”.

15. In light of the confirmation that Land and Housing Corporation are not of a mind to sell 55 Trafalgar Street Peakhurst, the applicant has provided an indicative scheme for the redevelopment of this site which comprises a basement level with three (3) levels of residential above comprising six (6) units being two (2) units per floor achieving a floor space ratio of 0.88:1.

Figure 2: Schematic scheme for basement adjoining property at 55 Trafalgar Street, Peakhurst (Source: Cornerstone Design Pty Ltd, 2020)

Figure 3: Schematic scheme for residential levels 1 to 3 adjoining property at 55 Trafalgar Street, Peakhurst (Source: Cornerstone Design Pty Ltd, 2020)

16. Officer Comment: It is considered the applicant has undertaken reasonable attempts to acquire the adjoining property to the east which is owned by New South Wales Land and Housing Corporation whereby correspondence from the owner of this neighbouring property has identified that they have no desire to sell or amalgamate their property at this time, with the final comment being “this decision by the LAHC is considered as set and final and does not leave itself open for any further negotiations to take place”.

17. Following the decision of Land and Housing the applicant has provides a plan demonstrated that a reasonable scheme could be accommodated on the adjoining property which achieves a reasonable floor space ratio of 0.88:1 (whereby the maximum permissible under the HLEP 2012 prescribes 1:1). The schematic scheme illustrates setbacks along the side elevations of 3m to the side boundary which form defensive walls. The proposed front setback appears to be consistent with the streetscape and the rear setback of 6m complies. The primary outlook for each unit is orientated to the front (north) and rear (south) which is considered reasonable.

18. Given the above, it is considered reasonable attempts have been made to by the applicant to acquire the adjoining property at 55 Trafalgar Street, Peakhurst. Further the applicant has demonstrated through an indicative scheme a reasonable compliant development can be achieved as a stand alone development. In this regard, the deferral reason has been adequately addressed.

19. Reason for Deferral 2

Amended Plans having regarding to the fact that the current plans are based on an incorrect assumption about the setback of the building at 61-65 Trafalgar Street, Peakhurst.

20. Applicant’s response: The applicant has provided amended plans which accurately depict the existing setback of 61-65 Trafalgar Street Peakhurst and that of the proposed building of on the subject site.

Figure 4: Inset of amended ground floor plan of subject site and adjoining western property at 61-65 Trafalgar Street, Peakhurst (Source: Cornerstone Design Pty Ltd, 2019).

21. Officer Comment: The architectural plans have been revised to correctly show the existing setback of the 61-65 Trafalgar Street Peakhurst which adjoins the subject site, the setback is nominated as being 11.73m (minimum). In this regard, the deferral reason has been adequately satisfied.

22. Reason for Deferral 3

Additional information dealing with the issues raised within the assessment report.

Issue 3(a) Communal Open Space

23. State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development Clause 3D entitled Communal and Public Open Space prescribes a minimum of 25% of the site being provided as communal opens space. The previous proposal sought a communal open space area equating to 23.54%.

24. Applicant’s response: The proposal has been amended to provide 25% (295.50sqm) of communal open space, this has been achieved by expanding the area on the rooftop which was previously non-trafficable. See figure 5 below.

Figure 5: Extract of roof top communal open space landscape plan (Source: Zenith Landscape Designs, 2019).

25. Officer Comment: The proposed communal open space now complies with the minimum requirements of the Apartment Design Guide (ADG) being 25%. The amenity of this space is considered to be acceptable in terms of solar access, functionality and ameliorates privacy impacts given the incorporation of screen planting to the perimeter of the roof area in the form of planters with a depth of 1m which can accommodate suitable screen planting.

Issue 3(b) Visual Privacy

26. State Environmental Planning Policy No. 65 Design Quality of Residential Apartment Development Clause 3F – Visual Privacy prescribes a minimum side setback of 6m to the property boundary (12m wall to wall).

27. The proposal seeks a variation to the western side boundary of 6m achieving a side setback of 11.73m to the residential flat building wall of 61-65 Trafalgar Street, Peakhurst. A side setback of 6m is proposed to the eastern side boundary which results in a setback of 7.85m to the adjoining existing dwelling house at 55 Trafalgar Street, Peakhurst. As previously outlined earlier in this report, 55 Trafalgar Street is unable to be acquired, the applicant has provided a schematic scheme (with defensive elevations) on this neighboring property proposing a wall setback of 3m from the comment allotment boundary, resulting in a total spatial separation of 9m.

Figure 6: Extract of ground plan depicting proposed setbacks (Source: Cornerstone Design Pty Ltd, 2019).

28. Officer Comment: The variation to the setback associated with the adjoining western property at 61-65 Trafalgar Street, Peakhurst is 11.73m (whereby 12m is required) however a privacy condition of consent is recommended preventing direct views from the subject development to this adjoining development. As a result the living room windows along the western side elevation of Units 1.04 and Unit 2.04 are to incorporate highlight windows with a minimum sill height of 1.5m measured from the finished floor level of the room.

29. It is noted that the ground floor courtyard of Unit G.03 and the balconies of Units 1.03 and 2.03 have been reoriented from the eastern side elevation to the south east corners to minimize privacy impacts given the nature, intensity and frequency of use of these private open spaces. The relocation of these spaces achieves compliance to the rear setback, with additional privacy measures consisting of full height angled louvers along the eastern side elevation for the first floor and second floor units. Bedrooms have been relocated to the former areas of private open space.

30. An additional privacy design condition is recommended to minimise privacy impacts on the adjoining properties to the east, whereby bedroom windows along the eastern side elevation of Unit 1.03 and Unit 2.03 are to be highlight windows with a minimum sill height of 1.5m above the finished floor level of the room.

31. It is noted that due to the north-south orientation of the site, strict numerical compliance would result in a minimal solar access improvement than that currently proposed to the adjoining properties. Despite the variation, the solar access is considered to be reasonable.

32. Furthermore, the proposal adopts reasonable setbacks with modulation and articulation along the elevations to provide visual relief and reduce adverse visual impact.

33. It is therefore considered that the proposal, as designed, is a reasonable response to the circumstances of the site.

Issue 3(c) Accessible Units

34. The Hurstville Development Control Plan No 1 - Section 3.3 Access and Mobility prescribes a rate of one (1) accessible unit per five (5) dwellings. The previous proposal did not comply with this control whereby two (2) accessible units were proposed.

35. Applicant’s response: The amended proposal has provided two (2) accessible units being Units G.05 and 1.05. Further that Unit G.03 can be adapted to an accessible unit. All of these units have been allocated accessible car parking spaces.

36. Officer Comment: The amended proposal provides two (2) accessible units with the conditioning that unit G.03 is to be amended to an accessible unit as a design change prior to issue of the Construction Certificate, therefore the proposal complies.

Issue 3(d) Accessible car parking

37. The Hurstville Development Control Plan No 1 (DCP) - Section 3.3 Access and Mobility prescribes a rate of one (1) accessible unit per five (5) dwellings of which one (1) accessible space must service each unit, in total three (3) accessible spaces are required. The previous design sought to provide two (2) accessible car spaces.

38. Applicant’s response: The amended proposal now complies with this control whereby three (3) accessible spaces are located within the basement. Swept path diagrams and traffic certification has been provided in support of the amended proposal.

39. Officer Comment: The amended proposal complies with the DCP control.

Issue 3(e) Maximum excavation to accommodate floor levels

40. The Hurstville Development Control Plan No 1 - Section 4.1 Residential Flat Buildings PC5 Excavation prescribes a maximum cut of 500mm to accommodate the finished ground floor level.

41. Applicant’s response: No change to this element of the design.

42. Officer Comment: The previous assessment report stated the following:

“The proposal seeks a maximum excavation of 1m at the southern rear elevation to accommodate 2 of the 5 ground floor units due to slope of the site which falls from rear (high) to front (low). This is not considered to result in any undue impacts in relation to solar access, privacy, amenity or the like and is not dissimilar to other residential flat buildings on sloping sites approved within the locality”.

43. However it is noted that this variation was not supported as other aspects of the proposal relating to car parking and accessible units did not comply. This variation is considered to be acceptable given that the cumulative impacts of the previous non-compliances of the original assessment have now been addressed.

Issue 3(f) Relocation of easement

44. The original assessment stated in Reason for Refusal point 9 that “the proposal has not provided owners consent from the benefiting properties at 12 and 12A Gover Street, Peakhurst in relation to the relocation of the existing registered easement”. Upon further review, it is considered that this does not form a reason for refusal but rather a civil matter between properties. The applicant has been made aware of this issue.

Issue 3(g) Amended landscape Plan

45. The amended landscape plan prepared by Zenith Landscape Designs, Reference 18-3757 L01-L02 revision B dated 14.12.19 is consistent with the revised architectural plans which are considered to be satisfactory.

46. Given the above, the reasons for deferral as outlined by the Local Planning Panel are considered to have ben appropriately addressed by the applicant.

D. SUBMISSIONS

47. Following the deferral of this application by the Local Planning Panel, the amended plans were renotified between 29 February 2020 and 9 March 2020. In response two (2) submissions were received. The issues raised within the submissions have been addressed below.

48. Devaluation of property

49. Officer Comment: This is not a matter for consideration under the Environmental Planning and Assessment Act 1979.

View loss

50. A general concern was raised in relation to view loss from 12A Gover Street, Peakhurst which adjoins the site to the south (rear).

51. Officer Comment: A view loss assessment has been undertaken in accordance with the view sharing principal established by Tenacity Consulting v Warringah [2004] NSWLEC 140.

26 The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

52. Officer Comment: The view in question relates to partial views to Peakhurst Park which are obtained above the roofline of the existing dwellings at 57-59 Trafalgar Street, Peakhurst and between the side setbacks. This view does not comprise of an iconic, water or interface view. The view is considered to be low significance under the above test.

27 The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

53. Officer Comment: The view is obtained by a standing position at the rear of the property of 12A Gover Street, Peakhurst which looks over the subject to Peakhurst Park which is further to the north. The site the subject of this application is presently undeveloped, a redevelopment of this site will result in the submitters allotment not being able to maintain their current outlook.

28 The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

54. Officer Comment: The views from this property are obtained looking north over the subject site. The outlook will be blocked by the proposal on the subject site where the impact is considered to be significant however as previously mentioned, the views are considered to be of low significance and any development of the subject allotment will result in loss of outlook from the submitters allotment.

29 The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

55. Officer Comment: As discussed within this report, the proposal generally conforms with the setback requirements whereby the extent of the variation to the side setback along the western side boundary and height of building are not the contributing factors to the view loss impacts. The proposal is considered acceptable in this regard.

Traffic impacts

56. Concerns were raised in relation to traffic impacts.

57. Officer Comment: The amended proposal provides compliant levels of car parking within the basement with access and manoeuvrability compliant with the relevant Australian Standards. In this regard, the proposal is not considered to result in any material adverse traffic impacts given the capacity of the local road network.

Light Pollution

58. Concerns were raised in relation to light pollution.

59. Comment: The proposal seeks development consent for a residential flat building which is permissible within the R3 Medium Density Residential Zone, being of a building bulk that is consistent with other residential flat buildings approved within this locality. Given the nature of the proposed unit layouts and sitting on the site, the impacts from light pollution from the residential use is not considered to be unreasonable.

60. Easement relocation

61. Officer Comment: This matter has been previously addressed within this assessment report and is a civil matter.

E. CONCLUSION

62. The application has been assessed having regard to the Matters for Consideration Section 4.15 (1) of the Environmental Planning and Assessment Act 1979 and relevant statutory provisions.

63. It is noted that the original assessment report undertook a Clause 4.6 Exception to Development Standard to Clause 4.3 Height of Building to the Hurstville Local Environmental Plan 2012 which supported this aspect of the proposal, the variation as previous assessed remains unaltered by the revised plans.

64. The applicant has submitted additional information in response to the reasons for deferral by the Georges River Local Planning Panel. This additional information has satisfactorily resolved the issues which resulted in the application being recommended for refusal. As a result the application as a result is recommended for approval.

F. DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

65. The reasons for this recommendation are:

· The amended proposal has resulted in improved occupant amenity and generally conforms with the applicable planning controls subject to recommended conditions.

· The applicant has reasonably demonstrated that the adjoining isolated site at 55 Trafalgar Street, Peakhurst, could be reasonably redeveloped given the owner has categorically stated the allotment cannot be acquired.

· The amended proposal is suitable for the site as this proposal results in a good planning outcome and does not result in any unreasonable planning impacts on the adjoining properties.

Determination

A. THAT the Georges River Local Planning Panel, as the consent authority, support the request for variation pursuant to Clause 4.6 of Hurstville Local Environmental Plan 2012, in relation to the Height of Buildings (Clause 4.3) control as the variation is considered to be well founded and in the public interest.

B. THAT pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 (as amended) the Georges River Local Planning Panel approve development consent to development application DA2018/0285 for demolition works and construction of a four (4) storey residential flat building containing fourteen (14) units, twenty one (21) car parking spaces, site and landscaping works at Lots 167 and 168 in DP 36317 and known as 57-59 Trafalgar Street, Peakhurst, subject to the following 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
Basement Plan	DA02	7/12/19	B	Cornerstone Design
Site Plan/Ground Floor Plan	DA03	8/12/19	C	Cornerstone Design
First Floor Plan	DA04	8/12/19	C	Cornerstone Design
Second Floor Plan	DA05	8/12/19	C	Cornerstone Design
Rooftop Plan and Roof Plan	DA06	8/12/19	C	Cornerstone Design
West and North Elevations	DA07	8/12/19	C	Cornerstone Design
East and South Elevations	DA08	8/12/19	C	Cornerstone Design
Section A-A and Streetscape Elevations	DA09	12/12/19	C	Cornerstone Design
Driveway Section	DA10	12/12/19	B	Cornerstone Design
Schedule of Finishes				Cornerstone Design
Landscape Plan	18-3757 L01 - L02	14.12.19	B	Zenith Landscape Designs
Stormwater Plans	A8245: 18-12-2019 Sheets 1-6	19-12-2019	C	Alpha Engineering and Development
Contamination Report		7518-ER-1-1		Alliance Geotechnical
Geotechnical Investigation Report	28^th June 2018	75180GR-1-1		Alliance Geotechnical
Waste Management Plan				Cornerstone Design

Separate Approvals Required Under Other Legislation

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

a) Construct a full width 1 metre wide footpath for the full length of the frontage of the site in Trafalgar Street in accordance with Council’s Specifications applying at the time construction approval is sought.

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

c) Construct a new 150mm high concrete kerb with 450mm wide gutter for the full frontage(s) of the site in Trafalgar Street in accordance with Council’s Specifications for kerb and guttering, applying at the time construction approval is sought.

d) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant. The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

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

3. Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footway/road reserve, where the building is within 3.0 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

The following information is to be submitted with a Hoarding Application under s68 of the Local Government Act and s138 of the Roads Act 1993:

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

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

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

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

(e) The application must be endorsement by the Roads & Maritime Services (RMS) as the hoarding is located within 100m of an intersection with traffic lights. For assistance you should contact the DA unit at RMS and speak to Hans on 88492076. Or email hans.pilly.mootanah@rms.nsw.gov.au to obtain concurrence for the hoarding structure.

4. Below ground anchors - Information to be submitted with S68 Application under LGA 1993 and S138 Application under Roads Act 1993 - In the event that the excavation associated with the basement carpark is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application must be lodged with Council under Section 68 of the Local Government Act 1993 <http://www.legislation.nsw.gov.au/> and the Roads Act 1993 <http://legislation.nsw.gov.au/> for approval, prior to commencement of those works. The following details must be submitted.

a) That cable anchors will be stressed released when the building extends above ground level to the satisfaction of Council.

b) The applicant has indemnified Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of council.

c) Documentary evidence of such insurance cover to the value of $20 million.

d) The applicant must register a non-terminating bank guarantee in favour of Council for the amount of $50,000.

The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

e) That in the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors will be borne by the applicant.

5. 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.

6. 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.

Requirements of Concurrence, Integrated & Other Government Authorities

7. Electricity Supply - An application is required to be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application being lodged with Ausgrid is required to be provided to the Certifying Authority prior to the issue of a Construction Certificate. For further details, you are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services).

8. Electricity Supply to Development - The electricity supply to the Development must be underground.

9. Connection to the network will be required prior to the release of any Occupation Certificate - Where works within the road reserve are to be carried out by the developer, a Road Opening Permit must be obtained from Council's Customer Service Centre before commencement of work.

10. 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.

11. 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 <http://legislation.nsw.gov.au/> 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

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

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

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

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

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

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

14. 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.

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.

Full details shall accompany the application for the Construction Certificate.

15. Detailed Stormwater Drainage Design - The submitted stormwater plan has been assessed as a concept plan only. A detailed drainage design supported by a catchment area plan and drainage calculations (including a Hydraulic Grade Line Analysis) must be submitted with the Construction Certificate application.

16. NBN Connection - Prior to the issue of the Construction Certificate in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

(i) the installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(ii) the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

(Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

17. Waste Conditions - The waste room will contain the following to minimise odours, deter vermin, protect surrounding areas, and make it a user-friendly and safe area:

· waste room floor to be sealed;

· waste room walls and floor surface is flat and even;

· all walls painted with light colour and washable paint;

· equipment electric outlets to be installed 1700mm above floor levels;

· The bin storage rooms will be mechanically exhausted as required by AS 1668.2;

· light switch installed at height of 1.6m;

· waste rooms must be well lit (sensor lighting recommended);

· optional automatic odour and pest control system installed to eliminate all pest

· types and assist with odour reduction - this process generally takes place at

· building handover - building management make the decision to install;

· all personnel doors are hinged and self-closing;

· waste collection area must hold all bins - bin movements should be with ease of access;

· conform to the Building Code of Australia, Australian Standards and local laws; and childproofing and public/operator safety shall be assessed and ensured.

· Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored.

· Cleaners will monitor the bin storage area and all spills will be attended to immediately by cleaners.

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

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

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

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

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

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

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

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

c) The full length of the driveway designed with a minimum 150mm thick reinforced concrete and minimum of 3m wide pavement/kerb face to kerb face width, and a non-slip surface.

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

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

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

22. Damage Deposit - Major 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: $39,935.16

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 dilapidation report of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal.

At the completion of work Council will review the dilapidation report and the Works-As-Executed Drawings (if applicable) and inspect the public works.

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

23. Contamination Site Assessment - Prior to Council or an accredited certifier issuing a construction certificate, a detailed site investigation and remedial action plan (if required) shall be undertaken/completed by a suitably qualified person in accordance with the relevant guidelines approved by the Office of Environment and Heritage (OEH) and in accordance with the requirements of the Contaminated Land Management Act 1997.

The Assessment shall satisfy the PCA that the untested land as defined under the Statement of Environmental Effects is suitable for the proposed use.

24. Access for Persons with a Disability - Access for persons with disabilities must be provided throughout the site, including to all common rooms, lobby/terrace areas and sanitary facilities in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS 1428.1. Details of which must be submitted with the Construction Certificate Application.

In regards to the above, pedestrian access throughout basement levels shall be highlighted/line marked and sign posted to safeguard egress.

25. Geotechnical Reports - The applicant must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

(a) Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

(b) Dilapidation Reports on the adjoining properties prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc. This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate. Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

(d) Rock breaking techniques. Rock excavation is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures.

(e) Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

26. Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

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

27. Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and must be detailed on the plans lodged with the application for the Construction Certificate.

28. Construction Traffic Management Plan [Large Developments only] - A Construction Traffic Management Plan detailing:

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(d) Access arrangements; and

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

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

29. Car Wash Bays - Plans and specifications of the car washing system which has been approved by Sydney Water must be submitted with the application for the Construction Certificate.

All car washing bays shall be contained within a roofed and bunded car wash bay with pre-treatment approved by Sydney Water. The water from the car wash bay must be graded to a drainage point and connected to sewer.

If alternative water management and disposal options are proposed (i.e. where water is recycled, minimised or reused on the site), detailed plans and specifications of the water recycling system must be submitted with the application for the Construction Certificate for approval.

30. SEPP 65 Design Verification Statement - A design verification statement, prepared by a qualified designer, shall be submitted to the Certifying Authority verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out under Schedule 1 of State Environmental Planning Policy No 65 -Design Quality of Residential Flat Development.

31. Contamination Report Compliance - A clearance certificate should be obtained from a suitably competent person at the completion of the fibrous cement sheeting removal works and at the completion of excavation works in the western portion of the site, confirming no residual asbestos in soils impacts are present in the vicinity of the former outdoor toilet, in accordance with the recommendations provided in the Contamination Report submitted and approved by Council, titled Stage 1 Preliminary Site Investigation - 57-59 Trafalgar Street, Peakhurst NSW Lot 126 and 127 in DP36317 Report No: 7518-ER-1-1, prepared by Alliance Geotechnical Pty Ltd and dated 25 June 2018.

A waste classification of soils proposed for excavation and disposal offsite should be prepared in accordance with the in accordance with the recommendations provided in the Contamination Report submitted and approved by Council, titled Stage 1 Preliminary Site Investigation - 57-59 Trafalgar Street, Peakhurst NSW Lot 126 and 127 in DP36317 Report No: 7518-ER-1-1, prepared by Alliance Geotechnical Pty Ltd and dated 25 June 2018.

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

The waste storage area shall be large enough to accommodate the required number of bins for the development and located in an area to suitably facilitate servicing on waste collection day.

The path to the bin room is to be at least 1.0 metres wide and kept clear and unobstructed at all times.

Residential Waste

The development will require the provision of the following waste and recycling facilities:

(a) Domestic Waste - 1 x 120 litre mobile bins per unit/dwelling. Usually provided as a 240 litre or 660 litre bin using this ratio.

(b) Domestic Recycling - 1 x 240 litre mobile bin per 3 units/dwellings.

33. Design Quality Excellence (Major Development) -

(a) In order to ensure the design quality excellence of the development is retained:

i. The design architect is to have direct involvement in the design documentation, contract documentation and construct stages of the project;

ii. The design architect is to have full access to the site and is to be authorised by the applicant to respond directly to the consent authority where information or clarification is required in the resolution of the design issues throughout the life of the project;

iii. Evidence of the design architect’s commission is to be provided to the Council prior to release of the Construction Certificate.

(b) The design architect of the project is not to be changed without prior notice and approval of the Council.

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

35. 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
Driveway and Restoration Works Design Inspection Fee (Multi-unit Development)	$39,935.16
DEVELOPMENT CONTRIBUTIONS
Hurstville Section 94 Development Contributions Plan 2012 - Residential (Community Facilities)	$22,2321.48
Hurstville Section 94 Development Contributions Plan 2012 - Residential (Open Space, Recreation, Public Domain)	$157,187.25

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.

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

a) location of protective site fencing;

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

c) location of building materials for construction, e.g. stockpiles

d) provisions for public safety;

e) dust control measures;

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

g) details of methods of disposal of demolition materials;

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

i) provisions for temporary sanitary facilities;

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

k) details of proposed sediment and erosion control measures;

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

m) construction and demolition traffic management details.

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

37. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 942206M_02 dated 31 January 2020 must be implemented on the plans lodged with the application for the Construction Certificate.

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

Stormwater plan

Referring to Concept Stormwater Plan dated 12 December 2019 and prepared by Alpha Engineering and Development, design changes are required and shown on the Construction Certificate plans.

• According to Hurstville DCP 1, Section 3.7.3, Part A for Development Requirements, development sites greater that 700sqm in area must discharge stormwater into Council’s stormwater system. The site drainage shall be connected to Council’s drainage line located in front of the property. Please note that a drainage application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993 is required to get approval to connect to Council’s drainage system.

• A 2.4 m kerb inlet pit shall be designed and constructed in front of the property and the site drainage connected to it. Stormwater connection details to the kerb inlet pit shall be detailed on the Stormwater Plan.

• The site is subject to local overland flow paths. Any new fences across overland flow paths shall be open at least 100mm above the finished ground levels. This is to ensure the local overland flows from the upstream properties are not obstructed. The details should be shown on the stormwater drawings.

Accessible Units

Unit G.03 within the ground floor south east corner is to be redesigned to form an accessible unit.

Privacy

Bedroom windows along the eastern side elevation of Unit 1.03 and Unit 2.03 are to form highlight windows with a minimum sill height of 1.5m.

Living room windows along the western side elevation of Units 1.04 and Unit 2.04 are to form highlight windows with a minimum sill height of 1.5m.

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

a) All stormwater shall drain by gravity to Council's drainage kerb inlet pit in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).

b) Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

c) The underground basement car park must pump to and all other stormwater must drain by gravity to the OSD system.

d) The construction of the building and driveway shall be designed to protect the underground basement from possible inundation by surface waters. The crest of the driveway shall be set least 150 mm above the top of the kerb levels.

e) The sub soil drainage for the below ground structures including basement car parks shall be designed in accordance with the findings and recommendations in the geotechnical report. The geotechnical report should assess any possible impact of the proposed development upon existing ground water table and surrounding land and buildings. Should the results of the report indicate that the site is likely to experience issues associated with groundwater management, a fully-tanked dry basement with no sub soil drainage collection or disposal and an allowance made for any hydrostatic pressures.

40. 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.

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

These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (2005 or 2016) and Council's drainage guidelines in Appendix 2 of the Hurstville Development Control Plan 1.

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

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

43. 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.

44. Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(a) Location of existing and proposed structures, services and existing trees;

(b) Details of earthworks including mounding and retaining walls and planter boxes;

(c) Location of proposed plants and a plant schedule showing the plant symbol, botanical name/ common name; quantity; pot size/; and mature height x width.

(d) Details of planting procedure and maintenance;

(e) Landscape specification;

(f) Details of drainage and watering systems;

(g) Details of garden edging and turf; and

(h) Any required fencing, retaining walls and other structures not shown on other approved architectural and engineering plans.

45. Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Zenith Landscape Designs, reference numbers - 18 - 3757 - L01/02. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

a) The thirteen (13) trees nominated to be planted shall be of minimum 45 litre trees

General Landscape Requirements

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

b) Tree/s proposed upon the approved landscape plan shall comply with NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification

46. 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 from trunk
Jacaranda mimosifolia	Backyard of 14 Gover Street	3.0 metres
Prunus Spp	Side boundary of 55 Trafalgar Street	3.0 metres
Eriobotrya japonica	10 Gover Street Peakhurst	3.0 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 Project Arborist must be present on-site during the stages of excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.

(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 and regularly to minimise the effects of construction works.

(g) No building products/ materials or services shall be installed within the TPZ of the tree/s 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, building product / materials stored 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.

General Tree Removal Requirements

(a) All tree removal shall be carried out by a minimum certificate Level 3, Licenced and insured Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

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

Street Tree Removal / Replacement by Council

(a) Two (2) street trees shall be provided in the road reserve fronting the site.

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

Fee Type - Tree removal on public land	Amount
Administration Fee for Tree Removal	$154.50
Replacement Tree Fee (per Tree)	$185.40

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.

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

47. Dilapidation Report on Public Land - Major Development Only - Prior to the commencement of works (including demolition and excavation), a dilapidation report must be prepared for the Council infrastructure adjoining the development site, including:

The report must include the following:

a) Photographs showing the existing condition of the road pavement fronting the site,

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

c) Photographs showing the existing condition of the footpath pavement fronting the site,

d) Photographs showing the existing condition of any retaining walls within the footway or road, and

f) The full name and signature of the structural engineer.

g) The Dilapidation Report must be prepared by a qualified structural engineer. The report must be provided to the PCA and a copy provided to the Council.

The Dilapidation Report must be prepared by a professional engineer. The report must be provided to the PCA and a copy provided to the Council.

The report is to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

Note: Council will use this report to determine whether to refund the damage deposit after the completion of works.

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

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

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

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

The applicant must meet all costs associated with such works.

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

49. Hazardous or Intractable Waste - Removal and Disposal - Hazardous or intractable waste arising from the demolition or construction process shall be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and with the provision of:

• Work Health and Safety Act 2011 (NSW) (as amended);

• Work Health and Safety Regulation 2011 (as amended);

• Protection Of the Environment Operations Act 1997 (NSW) (as amended); and

• Protection of the Environment Operations (Waste) Regulation 2014 (as amended)

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

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

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

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

52. 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.

53. 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.

54. 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.

55. 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.

56. 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.

57. 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

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

59. Structural Certificate During Construction - The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority at each stage of Construction or prior issue of the Occupation Certificate.

60. Site contamination - Any new information that comes to light during demolition or construction which has the potential to alter previous conclusions about site contamination and remediation must be notified to Council and the accredited certifier immediately.

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

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

63. 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.

64. 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.

65. 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.

66. 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.

67. 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).

Prior to the issue of the Occupation Certificate

68. SEPP 65 Design Verification Statement - The PCA must not issue an Occupation Certificate to authorise a person to commence occupation of the residential flat development unless the PCA has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65Design Quality of Residential Flat Development.

69. Use of Rooftop open space - A Plan of Management (POM) for use of rooftop open space must be submitted for approval of Council. The POM must outline the:

(i) hours of use of the rooftop which shall be restricted from 8am until 10pm;

(ii) maximum number of users at any one time is not to exceed 10;

(iii) provisions for no amplified music to be played;

(iv) and identify other measures to ensure that the amenity of persons within the development and in nearby existing and future development is maintained;

(v) The approved POM shall be incorporated into the Owners Corporation by-laws in any future Strata subdivision and a sign in the front entry of the building shall be included to ensure the use of this space is monitored and understood by all occupants.

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

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

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

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

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

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

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

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

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

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

72. Consolidation of Site - The site shall be consolidated into one allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Land and Property Information prior to the issue of a final occupation certificate.

73. 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) 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.

74. Vehicular crossing & Frontage work - Major development - The following road frontage works shall be constructed in accordance with specifications issued under the ‘Application for Driveway Crossing and Associated Works on Council Road Reserve’ approval issued by Council’s Assets and Infrastructure Division:

The following road frontage works shall be constructed in accordance with Council's Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:

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

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

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

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

The above works shall be carried out at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

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

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

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

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

(d) New footpaths within the road related area;

(e) Relocation of existing power/light pole

(f) Relocation/provision of street signs

(g) New or replacement street trees;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

79. Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. Proof of compliance must be submitted with the application for the Occupation Certificate for approval.

80. Structural Certificates - The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

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

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

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

a) of adjoining properties identified in the dilapidation condition prior to Construction Certificate

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

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

84. Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: 17 car spaces

(b) Residential visitors: 4 car spaces

85. 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.

86. 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 Zenith Landscape Designs, reference numbers - 18 - 3757 - L01/02.

Operational Conditions (Ongoing)

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

Flashing, moving or intermittent lights or signs are prohibited.

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

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

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

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

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

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

90. 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.

91. 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.

92. 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.

93. Waste storage

· For 14 units the property will require 7 X 240L garbage bins collected twice a week.

· The property will also require 5 X 240L recycling bins collected weekly. There is sufficient room in the bin room to locate the required number of bins.

· All bins must be taken to kerbside for collection and removed from kerbside as soon as possible after collection.

· Bins can be taken to kerbside for collection.

· Cleaners will monitor the bin storage area and all spills will be attended to immediately by cleaners.

Operational Requirements Under the Environmental Planning & Assessment Act 1979

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

95. 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.

96. 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.

97. 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.

98. 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.

99. 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.

100. 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

101. 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.

102. 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.

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

104. 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.

105. 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.

106. 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.

107. 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

108. 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.

109. 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.

110. 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.

111. Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointment as the PCA, the Construction Certificate Application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Council’s DCP and AS 4299 Adaptable Housing.

112. Council as PCA - Total Conformity with BCA - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

· Mechanical ventilation, provided to bathroom, laundry and basement areas not afforded natural ventilation.

· Fire-fighting services and equipment including control centre facility, hydrant systems, sprinkler systems, hose reels, mechanical air handling and stair pressurization systems, portable fire extinguishers, smoke hazard management systems and sound & warning systems.

· Emergency lighting and exit signs throughout the premises including terrace, courtyard, common room/areas, lobby and basement areas.

· Fire resistance levels of building elements including walls, floors, roof tops, columns, and separation of electrical supply systems etc.

· Construction of all fire doors and any smoke doors (doors to swing in the direction of egress) including operational and warning signage.

· Fire compartmentation and fire wall separation details including all stairway, lift and service shafts.

· Exit travel distances and access grades including the number of required exits, smoke separation of public corridors and installations within exits, must demonstrate compliance with the BCA.

· The protection of doorways in any horizontal exit.

· Sound transmission and insulation details.

· Disabled access that complies with the BCA and with AS 1428.1.2009

· Certified Alternative fire engineering reports where required.

· Location, design/fit-out and dimension of basement parking areas and adaptable units for people with disabilities.

· Re-entry facilities from fire isolated exit stairways.

· Window schedule is to include the protection of openable windows.

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate Application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative method of compliance with the BCA, such report must be submitted to and endorsed by the Principal Certifying Authority prior to issue of the Construction Certificate.

113. Building - Referral to FR NSW - Prior to the issue of a Construction Certificate the applicant may be required, under Clause 144 of the Environmental Planning & Assessment Regulation, 2000 to seek written comment from FR NSW about the construction of hydrant/booster pump and valve rooms, and any Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.

114. 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.

ATTACHMENTS

Attachment ⇩1	Amended Site Analysis Plan 57-59 Trafalgar St Peakhurst
Attachment ⇩2	Amended South and East Elevations 57-59 Trafalgar St Peakhurst
Attachment ⇩3	North and West Elevations 57-59 Trafalgar St Peakhurst
Attachment ⇩4	Landscape Plan - 57-59 Trafalgar St Peakhurst

Georges River Council – Local Planning Panel Thursday, 7 May 2020

Page 78

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 May 2020

LPP Report No	LPP022-20	Development Application No	DA2019/0545
Site Address & Ward Locality	565 King Georges Road Penshurst Mortdale Ward
Proposed Development	Demolition works and construction of a two storey 12 room boarding house, at grade parking for 7 vehicles and associated site works
Owners	Mrs A O Hanna
Applicant	Mr A Yousef
Planner/Architect	A to Z Building Consultants
Date Of Lodgement	29/11/2019
Submissions	One (1)
Cost of Works	$820,000 .00
Local Planning Panel Criteria	The proposal is for the construction of a boarding house and is required to be forward to the Local Planning Panel for determination in accordance with Council Delegations.
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, State Environmental Planning Policy (Infrastructure) 2007, Greater Metropolitan Regional Environmental Plan No 2 - Georges River, Draft Environment State Environmental Planning Policy, Draft Remediation State Environmental Planning Policy, Draft Georges River Local Environmental Plan 2020 Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No. 1
List all documents submitted with this report for the Panel’s consideration	Site Plan and Elevations
Report prepared by	Senior Development Assessment Planner

Recommendation

That the application be refused for the reasons in this report.

Summary of matters for consideration under Section 4.15

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

Yes

Legislative clauses requiring consent authority satisfaction

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 – the application is recommended for refusal. The refusal reasons can be viewed when the report is published.

Site Plan

The allotment is outlined in blue

Executive Summary

Proposal

1. This development application (DA) seeks consent for the demolition of existing structures and the construction of a two storey boarding house comprising 12 boarding rooms, a Manager’s Room, communal living room and at grade parking for seven (7) vehicles and associated works.

2. The applicant was requested to provide additional information and amended plans in January 2020, the amendments requested included:

· Traffic and Parking Assessment Report;

· BCA Report;

· Quantity Surveyors Report; and

· Amended plans to comply with the SEPP (Affordable Rental Housing) 2009 and the requirements of Transport for NSW (TfNSW)

3. The applicant submitted the required reports and amended plans which were referred back to the relevant Council staff and TfNSW for comment.

4. Transport for NSW (TfNSW) provided comment on 5 March 2020 advising the proposed turning paths were ‘fundamentally flawed’ and concurrence could not be provided.

5. The applicant was offered the opportunity to withdraw the application on 9 March 2020. The applicant advised on 11 March 2020 that they would not withdraw the application and wished for the assessment to proceed.

Site and Locality

6. The development site is located on the western side of King Georges Road, approximately 56m from its intersection with Young Street (north of the site). It consists of one allotment known as No. 565 King Georges Road, Penshurst, and legally described as Lot 8 in DP 12478.

7. The site is rectangular in shape. It has a total frontage to King Georges Road of 13.41m and a depth of 62.915m. The total site area is 843.69sqm. The site is relatively flat, with the level difference between the front boundary and the street level being approximately 1m.

8. Presently on the site is a single storey dwelling house and one tree located along the south eastern side boundary towards the rear of the property.

Zoning and Permissibility

9. The subject site is zoned R2 Low Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposal involves the construction of a boarding house which is a permissible use in the zone with development consent.

10. The application is made under SEPP (Affordable Rental Housing) 2009 however fails to satisfy all relevant requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009.

Submissions

11. The DA was publicly notified to neighbours between 13 December 2019 and 6 January 2020 in accordance with the Hurstville Development Control Plan No. 1 (HDCP). One (1) submission was received raising concerns with parking, amenity for future residents, poor surveillance from the building, safety for neighbours, overlooking and noise impacts on neighbours. These issues are discussed in greater detail in the body of this report.

Reason for Referral to the Local Planning Panel

12. This application is referred to the Georges River Local Planning Panel for determination as the proposal relates to a boarding house which under Council delegations is required to be determined by the Georges Rover Local Planning Panel.

Planning and Design Issues

13. The proposal fails to demonstrate safe vehicular entry and exit to and from the site and the concurrence of Transport for NSW has not been issued.

14. The proposal fails to satisfy the following controls contained of the ARHSEPP:

· Cl.30A – the proposed development is inconsistent with the existing and desired future character of the locality with respect to the lack of landscaping and extent of hard surfaces and structures located within the setback, location of the car park at the rear of the site in place of an area typically used for open space and deep soil landscaped area, and a built form that has excessive bulk and scale compared to the built form to be expected on a site of this size and dimension.

· Cl.29(2)(b) – the landscape treatment of the front setback is incompatible with the predominant streetscape. The streetscape of the immediate locality generally consists of landscaped front yards associated with dwelling houses, with a single driveway providing vehicular access to each site. The front setback of the proposal contains concrete pathways, ramps and fencing around the Manager’s private open space area which is incompatible with the existing and desired streetscape for the locality and result in excessive bulk when viewed from the public domain.

· Cl.29(2)(c) – where a communal living room is provided, it must receive more than 3 hours sunlight between 9am and 3pm during midwinter. One communal living room is proposed at the rear of the building on the ground floor. The room has one west-facing window that will be overshadowed year round by the overhang of the first floor which extends 5m past the western wall of the ground floor. As a result the solar access criterion cannot be achieved.

· Cl. 29(2)(d)(ii) – the Manager’s private open space area is located within the front setback, resulting in poor amenity for the Manager and adverse visual impacts as a result of fencing in the front setback when viewed from the streetscape.

15. The proposed development is an overdevelopment of the site as it fails to achieve the required access and a suitable design to achieve high levels of amenity for future residents.

Conclusion

16. 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, Local Environmental Plans and Development Control Plans.

17. The proposal is a permissible use in the zone, however fails to meet the requirements of SEPP (Affordable Rental Housing) 2009 in relation to landscape treatment of the front setback, solar access to the communal living room, the location of the Manager’s private open space being in the front setback and the development failing to meet the character test as outlined in Clause 30A.

18. The site has frontage to a classified road and pursuant to Clause 101 of State Environmental Planning Policy (Infrastructure) 2007, concurrence from Transport for NSW (TfNSW) is required. The proposal fails to demonstrate safe vehicular entry and exit to and from the site as a result TfNSW has not provided concurrence.

19. The application is therefore recommended for refusal.

Report in Full

Description of the Proposal

20. The application proposes the demolition of existing structures and the construction of a two storey boarding house containing 12 boarding rooms and a Manager’s Room with at grade parking for seven (7) vehicles at the rear of the site and associated site works.

21. The proposal is described in more detail as follows:

- The front façade is an entry door to the Managers office and associated living quarters containing kitchenette, bathroom, storeroom and bedroom. The Manager’s area of private open space is located within the front setback of the site fronting King Georges Road.

- A second entry being for the boarding rooms is located on the northern side of the building being approximately 14.7m from the allotment frontage. The access is a combination of ramps and landings to satisfy accessibility criterion.

- The ground floor contains four (4) boarding rooms and the communal living area with laundry and kitchen located at the rear of the building. An access door in the rear elevation provides access and egress from the building to the car park at the rear.

- Centrally located within the building in a stair which provides access to eight (8) boarding rooms located on the first floor.

- Vehicular access to the site is proposed from the south eastern corner of the site. Seven at grade parking spaces, including one (1) accessible space, are provided along the northern boundary of the site within the rear setback. Two (2) motorbike spaces and two (2) bicycle spaces are proposed in the south western corner of the site.

- Communal open space with dimensions of 3.5m x 10.2m is located along the rear boundary of the site adjacent to the car park and driveway. A BBQ and table and chairs are shown on the plans.

22. The proposed site plan is provided in Figure 1.

Figure 1: Proposed Site Plan

Description of the Site and Locality

23. The development site is located on the western side of King Georges Road, approximately 56m from its intersection with Young Street (to the north). It consists of one allotment known as 565 King Georges Road, Penshurst, and legally described as Lot 8 in DP 12478.

24. The site is rectangular in shape. It has a total frontage to King Georges Road of 13.41m and a depth of 62.915m. The total site area is 843.69sqm. The site is relatively flat, with the level difference between the front boundary and the street level being approximately 1m.

25. Presently on the site is a single storey dwelling house and one tree located along the south eastern side boundary towards the rear of the property.

Figure 2: The site as viewed from King Georges Road

26. The site adjoins residential properties with each site containing a single dwelling house as shown in Figure 2 above.

State Environmental Planning Policies (SEPPs)

27. Compliance with the relevant SEPPs is summarised in the following table and discussed in further detail below it.

SEPP Title	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
State Environmental Planning Policy (Affordable Rental Housing) 2009	Yes

Deemed State Environmental Planning Policy – Georges River Catchment

28. All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and can drain to the street satisfying the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment.

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

29. A BASIX Certificate has been issued for the proposed development and the commitments required under the certificate have been notated on the plans.

State Environmental Planning Policy No 55 - Remediation of Land

30. 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.

31. 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.

32. 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

33. The 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 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.

36. The proposed development does not involve the removal of any significant trees or vegetation. In this regard, the provisions of this SEPP are considered to be met.

37. A Landscape Plan was submitted with the application; however the single tree located on the site, proposed for retention, will be impacted by the proposed driveway. Council’s Consulting Arborist has provided comment on the proposal and concludes that for the tree to remain viable, major changes to the garden bed, to provide a tree protection zone of 4.8m around the trunk of the tree, is required.

State Environmental Planning Policy (Infrastructure) 2007

38. The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The DA was referred to Ausgrid on 8 January 2020 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid advised there are no issues with the proposal and no conditions recommended.

39. The provisions and requirements of the Infrastructure SEPP have been addressed and satisfied by the proposal.

State Environmental Planning Policy (Affordable Rental Housing) 2009

40. State Environmental Planning Policy (Affordable Rental Housing) 2009 aims to provide a consistent planning regime for the provision of affordable rental housing. The proposal seeks consent for a boarding house pursuant to the provisions of the SEPP, specifically Division 3 – Boarding Houses. An assessment of the proposal against the relevant provisions of the SEPP is provided in the following table.

Clause

Standards

Proposal

Complies

26 – Land to which Division applies for the purpose of a boarding house with consent

· R1 General Residential

· R2 Low Density Residential

· R3 Medium Density Residential

· R4 High Density Residential

· B1 Neighbourhood Centre

· B2 Local Centre

· B4 Mixed Use

Site is zoned R2 Low Density Residential

Yes

27 – Development to which Division applies

(1) This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

(2) Despite subclause (1), clauses 29, 30 and 30A do not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area.

Noted.

The land is within an accessible area – refer to comments below.

Yes – see below.

41. An accessible area is defined by Clause 4 of SEPP (ARH) 2009 as follows:

‘accessible area means land that is within:

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

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

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

42. By virtue of the definition, the subject site satisfies the requirements of an accessible area. A map and table outlining bus services within proximity to the site is provided below.

Location of Bus Stop

Bus Route

Walking Distance

Mon – Fri Frequency

Saturday Frequency

Sunday Frequency

Cambridge Street and George Street

M91

Towards Parramatta

<400m

Complies

M91

Towards Hurstville

<400m

Complies

Figure 3: Map showing bus stops within 400m of the subject site

Clause	Standard	Proposed	Complies
29 - Standards that cannot be used to refuse consent Council cannot refuse a development application for a boarding house under the ARHSEPP 2009 on any of the following grounds:
Floor Space Ratio	If the density and scale of the buildings as a FSR is not more than the existing maximum FSR for any form of residential accommodation permitted (0.6:1 under HLEP2012)	0.58:1	Yes
Height	If the building height is not more than the maximum height permitted under another EPI for any building on the land: Max 9m HLEP2012	7.87m	Yes
Landscaped Area	If the landscape treatment of the front setback area is compatible with the streetscape in which the building is located	Landscaped front setback area is not consistent with the predominant character of the streetscape as it is dominated by concrete driveway, ramps and pathways to service the boarding house, as well as the fenced private open space area for the Manager.	No
Solar Access	Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter	3 hours of direct sunlight is not achieved to the communal room as it has one west facing window which will be in shadow at all times due to the first floor overhang of the subject development covering the accessible parking space that adjoins the communal room.	No
Private Open Space	If at least the following private open space areas are provided (other than the front setback area): (i) one area of at least 20sqm with a minimum dimension of 3m is provided for the use of the lodgers, (ii) if accommodation is provided on site for a boarding house manager—one area of at least 8sqm with a minimum dimension of 2.5m is provided adjacent to that accommodation.	10.28m x 3.5m = 35.98sqm in car park 11.215sqm in front yard	No – refer to comments below No
Comments on private open space areas: The communal open space area is located at the rear of the site adjacent to the car park and measures 3m x 10m. It is a grassed area with a BBQ and table and chairs for four people. The location and design of the area is very poor and offers little to no amenity for future occupants and cannot cater for all weather situations as there is no shade or weather protection over this space. The Manager’s private open space area is located within the front setback to King Georges Road. This location offers no amenity for the future resident due to the high volumes of traffic on King Georges Road and the resultant noise and fumes. In addition to the poor location and adverse amenity impacts of a private open space area adjacent to a State road, the private open space area will be fenced, which has additional adverse impacts on the appearance of the proposal from the street which includes predominantly hard surfaces of the driveway, pathway and ramps for access into the building. The sightlines from vehicles existing the site are poor which will compromise the safety of pedestrians at the front of the site as the driveway design fails to accommodate a suitable waiting area for cars entering the site if there is a car existing the site at the same time. There is also no passing bay to ameliorate this. Given the width of the site there is no ability to provide a passing bay. The site is of a sufficient area to accommodate a boarding house, and all the associated shared and private open spaces behind the building. A better outcome for the site would perhaps be a boarding house with a smaller number of rooms, thus requiring less parking, and a better quality design could be achieved. The applicant was provided an opportunity to address these issues during the assessment of the application and has failed to do so. Locating the open spaces at the rear of the site would also improve the design of the development with respect to reducing the impacts on neighbouring properties by increasing deep soil areas to enable substantial planting canopy trees rather than a carpark, which as discussed earlier in this report is inconsistent with the character of the neighbourhood with respect to existing and desired future character. The poor quality, amenity, and location of the private open space areas form one of the reasons for refusal of the application.
Parking	0.5 parking spaces provided for each boarding room (12 x 0.5 = 6 spaces) Not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site	6 spaces plus 1 accessible space are proposed.	Yes
Accommodation size	Each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least: (i) 12sqm in the case of a boarding room intended to be used by a single lodger, or (ii) 16sqm in any other case	1 – 18sqm 2 - 18sqm 3 - 17sqm 4 - 19sqm 5 - 17sqm 6 - 18sqm 7 - 24sqm 8 - 17sqm 9 - 19sqm 10 - 23sqm 11 - 23sqm 12 - 18sqm All rooms have been proposed as double rooms.	Yes
Clause 30 – Standards for Boarding Houses A consent authority must not consent to development for boarding houses unless it is satisfied of each of the following:
Communal living	(a) If a boarding house has 5 or more boarding rooms, at least one communal living room will be provided	One communal room provided on the ground floor at the rear.	Yes
Size of boarding rooms	(b) No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25sq	1 – 18sqm 2 - 18sqm 3 - 17sqm 4 - 19sqm 5 - 17sqm 6 - 18sqm 7 - 24sqm 8 - 17sqm 9 - 19sqm 10 - 23sqm 11 - 23sqm 12 - 18sqm	Yes
Maximum occupancy	(c) No boarding room will be occupied by more than 2 adult lodgers	All boarding rooms are double rooms.	Yes
Kitchen and bathroom facilities	(d) Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger	All rooms have kitchen and bathroom facilities.	Yes
Boarding house manager	(e) If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager	A Manager’s Room is proposed.	Yes
Bicycle and motor cycle spaces	(h) At least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms (12/5 = 2.4 spaces)	3 motorcycle spaces and 3 bicycle spaces provided.	Yes
30AA Boarding houses in Zone R2 Low Density Residential
A consent authority must not grant development consent to a boarding house on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone unless it is satisfied that the boarding house has no more than 12 boarding rooms.		12 boarding rooms are proposed.	Yes

Clause 30A – Character of local area

43. Clause 30A states that Council cannot grant consent to a boarding house unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

44. Case law has held that the test in Clause 30A is “one of compatibility not sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)). Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191.

45. It has also been held that in assessing ‘compatibility’ both the existing and future character of the local area needs to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April 2013) and Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).

Relationship to the Existing and Future Character of the Local Area

46. In Revelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 1029, Commissioner Morris concluded that the ‘local area’ includes both sides of the street and the ‘visual catchment’ as the minimum area to be considered in determining compatibility.

47. The ‘local area’ in this case is taken to include the western side of King Georges Road and the immediate surrounding streets. Within this local area, development is primarily characterised by single and two storey dwelling houses.

48. In Project Venture Developments v Pittwater Council [2005] NSWLEC 191 the Land and Environment Court specifically set out a relevant planning principle. Consideration has therefore been given to the two key questions identified in the Land and Environment Court Planning Principles:

(a) Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

49. The proposal will have adverse visual impacts on neighbouring properties with respect to the bulk and scale of the building being a two storey built form for a length of 37m with very little articulation. In addition, the operation of the car park on the site, in a location typically occupied by deep soil planting and open space will have adverse acoustic impacts on adjoining properties.

(b) Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

50. The proposal in its current form is considered to result in a built form that is inconsistent with the surrounding development. The front setback is dominated by hard surfaces including the driveway (which the applicant has failed to demonstrate how vehicles can enter and exit the site simultaneously), pathways, ramps landing and fencing within the front setback to facilitate access to the building for residents and the on-site Manager. This setback is inconsistent with existing and desired development in the locality. In this regard, the proposal will adversely disrupt on the built form rhythm in the streetscape.

51. It is acknowledged that the two storey built form proposed is compliant with the 9m height control, and there are many two storey dwellings in the locality, however the two storey built form extends for 33m (southern elevation) and 37m (northern elevation) with very little articulation in mass or material. This bulk and scale on a residential property in the R2 zone is unacceptable and out of character. This poor design has adverse visual impact for the adjoining neighbours.

52. The location of the car park in the rear setback will also adversely impact neighbours with respect to acoustic amenity, light spill from headlights, and also results in a lack of deep soil area able to accommodate open spaces and substantial landscaping.

53. The property is zoned R2 Low Density Residential. Land in this zone is typically occupied by dwelling houses and dual occupancies. It is noted that the site has a width of 13.41m, and the minimum site width for a dual occupancy is 15m. A dual occupancy on this site would unlikely be approved due to the site width and the compromised design that would result from such a narrow site. The proposed development is a long, narrow and unarticulated design which offers little to no amenity for future residents and results in adverse impacts on the neighbouring properties as discussed above. For these reasons the proposal is not in harmony with the buildings around it or the street.

54. Assessing ‘compatibility’ requires both the existing and future character of the local area to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 and Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029). It is acknowledged that there are sites within the immediate development catchment that are yet to reach their development potential. However, given the required access to the building, design of the building and associated private open space areas together with the car parking requirements and the criterion to leave the site in a forward direction, the design and streetscape presentation of future development on adjoining sites is unlikely to resemble that of the proposed development. Resulting in the development being out of character now and inconsistent with the perceived future character as established by the current planning controls.

Draft State Environmental Planning Policies (SEPPs)

Draft Environment SEPP

55. 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.

56. 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

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

Draft Remediation of Land SEPP

58. 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.

59. 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.

60. 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. The Draft SEPP will not alter or affect the findings in relation to contamination at the site.

61. 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.

Environmental Planning Instruments

State Environmental Planning Policy (Infrastructure) 2007

62. Clause 101 of the SEPP relates to sites having a frontage to a classified road and states:

(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that—

(a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of—

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

63. The subject site is located on King Georges Road, and the concurrence of Transport for NSW (TfNSW and formerly known as the RMS) is required.

64. The original plans submitted with the application were referred to TfNSW and comments were provided as follows:

“TfNSW has reviewed the submitted application and is unable to provide concurrence under Section 138 of the Roads Act 1993 for the proposed vehicle crossing for the following reasons:

1. Insufficient information regarding the proposed vehicle crossing and internal driveway has been provided to enable appropriate assessment of the proposed vehicle access arrangement from a network perspective (ie safety and efficiency impacts). The following additional information is requested:

· Driveway width dimensions.

· Information and turning paths to confirm that a vehicle can safely wait within the site (between the boundary and the building line) when another vehicle is exiting the one-way service road.

· Furthermore turning paths will need to illustrate that a vehicle can safely turn into the site from the kerbside lane on King Georges Road when another vehicle is waiting to exit the driveway. This will need to be demonstrated for the largest sized vehicle proposing to access the site.”

65. Amended plans were submitted, including the proposed turning paths shown in Figure 5.

Figure 5: ‘Waiting Bay’ plan proposed by the applicant

66. The amended plans were referred back to TfNSW, who provided the following advice:

“Transport for NSW (TfNSW) has reviewed the amended plans and is still unable to provided concurrence for the proposed driveway for the following reasons:

There is a fundamental issue with the turning paths provided:

· Vehicles are expected to drive to the left of the road. The left turn for the vehicle from King Georges Road is not on the left side of the access handle but to the right hand side into the widened area.

· Vehicles exiting the premises will be driving to the left of the road and would be waiting where they have showed the left turning vehicle coming in. This is not correct.

· The applicant will need to show turning paths based on the scenario when the car is waiting at the property boundary (with bonet well within the footpath reserve) and not within the property (with bonet well within the property).

As such TfNSW requires amended plans for further assessment of the proposed driveway before providing our concurrence.”

67. In line with Council’s Policy on providing applicants one chance to address inadequate information or unacceptable non-compliances, and the failure of the applicant to adequately address the issues raised with the application, the applicant was offered the opportunity to withdraw the application on 9 March 2020 and was granted one week to withdraw. The applicant advised on 11 March 2020 that they would not withdraw the application and wished for the assessment to proceed.

68. Pursuant to Clause 101 of the SEPP, the proposal fails to demonstrate vehicles can safely enter and exit the site simultaneously and TfNSW has not provided concurrence, this forms one of the reasons for refusal of the application.

Hurstville Local Environmental Plan 2012 (HLEP 2012)

Zoning

69. The subject site is zoned Zone R2 Low Density Residential under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP2012). Refer to zoning map below. The proposed development is defined as a boarding house which is a permissible land use in the zone.

Figure 6: Zoning map extract from the HLEP 2012

70. The objectives of the zone are as follows:

• 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.

• To encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

• To ensure that a high level of residential amenity is achieved and maintained.

• To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.

• To provide for a range of home business activities where such activities are not likely to adversely affect the surrounding residential amenity.

71. The proposal satisfies the objectives of the R2 Zone as it will provide for the housing needs of the community in a low density residential environment.

72. The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 (HLEP2012) is outlined in the table below.

HLEP 2012 Clause	Standard	Proposed	Complies
2.2 Zone	R2 Low Density Residential	The proposal is defined as a boarding house which is a permissible use within the zone.	Yes
2.3 Objectives	Objectives of the Zone	Consistent with zone objectives.	Yes
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	7.87m	Yes
4.4 – Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map	0.58:1	Yes
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	The FSR has been calculated accordingly.	Yes
5.10 – Heritage Conservation	The objectives of this clause are; (i) to conserve the environmental heritage of Kogarah, (ii) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.	The proposal does not adjoin any environmental heritage item nominated under HLEP 2012.	Yes
6.1 Acid Sulphate Soils (ASS)	The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage	The site is not affected by Acid Sulfate Soils under HLEP 2012.	N/A
6.2 Earthworks	To ensure that earthworks do not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land	Minimal earthworks are proposed and standard conditions of consent, should the application be approved, would be imposed.	Yes

Draft Georges River Local Environmental Plan 2020

73. Consideration is given to the provisions of Draft Georges River Local Environmental Plan 2020 in the assessment this application.

74. In this regard, the provisions have no determining weight as a result of proposed operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.”

Development Control Plan

Hurstville Development Control Plan No. 1 (HDCP)

75. The proposal has been considered in accordance with the relevant chapters of the HDCP No. 1 below.

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

76. The car parking rates set out within the State Environmental Planning Policy (Affordable Rental Housing) 2009 supersedes the DCP requirements.

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

77. The development has been assessed against the key requirements of Section 3.3 as provided below.

Places of Shared Accommodation	Standard	Proposal	Complies
Adaptable dwellings	1 accessible room per 5 guests/tenants bedrooms or part thereof – 5 required	2 x accessible rooms and 1 x adaptable room are proposed.	No
Access requirements	Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas	Access to the side entrance of the building, which is the principle entrance for the residents, is available via ramps and landings from the front of the site. Access from the principle resident entrance to the car parking is via a pathway along the northern side of the building which is indicated as stepping stones over grass which is not in accordance with the Australian Standard.	No
Accessible car space	1 parking space per 10 rooms or part thereof – 1.2 required	1 space is proposed however access to the parking space in accordance with AS1428 is not provided.	No – shortfall of one space

78. The application fails to demonstrate accessible pedestrian access to the car park, which forms one of the reasons for refusal of the application.

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

79. The proposal has been considered in accordance with the relevant provisions. The proposal allows opportunities for passive and casual surveillance to and from the street. The Plan of Management submitted with the application lacks the required details, however should the application be approved; a condition of consent could be imposed requiring a detailed Plan of Management be prepared.

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

80. A Landscape Plan was submitted with the application; however the single tree located on the site, proposed for retention, will be impacted by the proposed driveway. Council’s Consulting Arborist has provided comment on the proposal and concludes that for the tree to remain viable, major changes to the garden bed, to provide a tree protection zone of 4.8m around the trunk of the tree, are required.

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

81. The proposed drainage arrangement is by gravity to the street via OSD located under the driveway. At the time of writing this report, comments from Engineering have not been received, but given the recommendation for refusal of the application, the report has been completed without them.

82. Should the application be supported, conditions of consent would be required.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4 – SPECIFIC CONTROLS FOR RESIDENTIAL DEVELOPMENT

83. Council’s DCP does not contain any specific controls for boarding house developments.

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

84. A Waste Management Plan has been submitted with the application which states 4 x 240L general waste bins, 3 x 240L recycling bins and 3 x 240L green waste bins are provided in the bin area shown on the Site Plan and the owners are responsible for placing bins on the kerb to be collected by the Council’s waste collection service.

85. The Site Plan submitted with this application fails to nominate the location of a bin storage area.

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

86. The development will be captured by Section J of the BCA concerning energy efficiency.

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

87. A Landscape Plan was submitted with the application; however the single tree located on the site, proposed for retention, will be impacted by the proposed driveway. Council’s Consulting Arborist has provided comment on the proposal and concludes that for the tree to remain viable, major changes to the garden bed, to provide a tree protection zone of 4.8m around the trunk of the tree is required.

DEVELOPER CONTRIBUTIONS

88. If approved, the proposed development requires payment of developer contributions under Section 7.12 of the Environmental Planning and Assessment Act 1979.

IMPACTS

Natural Environment

89. A Landscape Plan was submitted with the application; however the single tree located on the site, proposed for retention, will be impacted by the proposed driveway. Council’s Consulting Arborist has provided comment on the proposal and concludes that for the tree to remain viable, major changes to the garden bed by reducing the extent of paved surface/driveway, to provide a tree protection zone of 4.8m around the trunk of the tree is required. The failure to provide adequate protection of the single existing tree on the site due to the location and extent of driveway is unacceptable and is considered to contribute to the overdevelopment of the site.

Built Environment

90. The proposal in its current form is considered to result in a built form that is inconsistent with the character of the surrounding development currently and in the future based on the current planning controls. The front setback is dominated by hard surfaces including the driveway (which the applicant has failed to demonstrate how vehicles can enter and exit the site simultaneously), pathways, ramps, landings and fences within the front setback to service the residents and the on-site Manager. This setback is inconsistent with existing and desired development in the locality will result in an undesirable precedent within the locality.

91. The proposal is an overdevelopment of the site and locates car parking at the rear of the site which is typically occupied by open space and landscaping in residential areas.

92. The proposed boarding house does not provide future residents with adequate solar amenity to the communal room as the only window to the room is overshadowed by the first floor of the building itself.

93. The development proposes very poorly located and serviced communal and private open space areas, adjacent to the car park and within the front setback to King Georges Road, which have little to no amenity for the residents or on-site Manager of the boarding house.

94. The primary resident access into the building is located on the northern side of the building, with access to the car park at the rear also located along the northern side passage. This side pathway does not meet access requirements for disabled residents or visitors and does not meet CPTED principles by virtue of the limited surveillance of the area. The inability to provide safe and equitable pedestrian and vehicular access forms of the reasons for refusal.

95. The side passage and resident entrance will need to be well lit at night which will have adverse impacts on the neighbour to the north. In addition, it will be an area with high levels of pedestrian traffic which will adversely impact the amenity of the neighbour.

Social Impact

96. No adverse social impacts have been identified as part of the assessment. The proposed development, in principle, will cater for a cross-section of the community and will assist with providing for additional housing in the area.

97. Despite a boarding house being a permissible use in the R2 zone, the application fails to demonstrate appropriate management of the boarding house through a suitable Plan of Management. The Plan submitted with the application is inadequate for the following reasons:

· is inconsistent with the drawings submitted in relation to waste management (no bin store area is shown on the plans),

· contains errors in relation to the number of residents (24 and 30 are stated; the house can accommodate 24 boarders),

· contains insufficient detail on operational details including cleaning, complaints, waste and hours of use for the communal areas.

Economic Impact

98. There is no apparent adverse economic impact that is likely to result within the locality due to the construction of additional housing. It is likely there will be a small positive economic impact as a result of the construction of the development.

Suitability of the site

99. The site is zoned R2 – Low Density Residential. The proposal is a permissible form of development in this zone however the proposal fails to meet a number of standards of the State Environmental Planning Policy (Affordable Rental Housing) 2009 which affects amenity of the development for future residents and vehicular access to and from the site fails to satisfy the requirements of Transport for NSW. For these reasons, and others discussed throughout this report, the application is recommended for refusal.

SUBMISSIONS AND THE PUBLIC INTEREST

100. The application was neighbour notified in accordance with Hurstville DCP No. 1 between 22 January and 19 February 2020. One (1) submission was received as a result of the notification period. In summary the following issues and concerns were raised.

No motorbike or bicycle parking

101. Officer Comment: Amended plans were requested, and submitted by the applicant, which propose two motorbike and two bicycle parking spaces on the site at the rear adjacent to the south western boundary.

Poor amenity for future residents

102. Officer Comment: The poorly located communal open space area, requiring residents to walk through the car park to access the area, and the lack of solar access to the communal living room form reasons of refusal of the application.

Poor passive surveillance opportunities

103. Officer Comment: There are windows provided to all elevations to assist with casual surveillance of the property and street, however there is very little opportunity for passive surveillance within the development due to the poor layout and design of the communal areas, which forms part of the reasons for refusal of the application.

Safety for neighbours relating to future residents

104. Officer Comment: This matter is not a planning consideration pertinent to the assessment of the subject application.

Overlooking impacts on neighbours

105. Officer Comment: The windows on the side elevations of the proposal are limited in number and size and as such the opportunity for overlooking is reduced and not considered to adversely impact the adjoining allotments.

Noise impacts on neighbours

106. Officer Comment: The supporting documents submitted with the application fail to demonstrate how the development will be managed to reduce acoustic impacts for neighbours and residents of the boarding house alike.

107. The amended plans submitted in February 2020 were not notified due to the minimal changes to the proposal.

REFERRALS

Council Referrals

Consultant Arborist

108. The application was referred to Council’s Consultant Arborist for comment. The referral comments conclude that for the tree to remain viable as nominated on the plan, major changes to the garden bed by reducing the extent of paved surface/driveway, to provide a tree protection zone of 4.8m around the trunk of the tree, is required. The applicant did not provide an updated landscape plan following the changes made to the original plans submitted with the application. In fact, the amended plans reduced the amount of landscaped area by locating motorbike and bicycle parking in the rear south western corner of the site which was originally deep soil landscaping.

Development Engineer

109. The application was referred to Council’s Development Engineer for comment. The proposed drainage arrangement is by gravity to the street via OSD located under the driveway. At the time of writing this report, comments from Engineering has not been received, but given the recommendation for refusal of the application, the report has been completed without them.

110. Should the application be supported, conditions of consent would be requested.

Traffic Engineer

111. The application was referred to Council’s Traffic Engineer for comment. The proposed car parking arrangements are considered to be compliant with the relevant controls and are satisfactory, however the proposed entry and exit to the site from the street is unacceptable as discussed earlier in this report with respect to vehicle queuing and turning paths.

Building Surveyor

112. Council’s Building Surveyor has raised no objection subject to conditions of consent being attached if approval is granted.

External Referrals

Ausgrid

113. The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. No objection was raised by Ausgrid and no conditions recommended.

CONCLUSION

114. The proposal has been assessed in accordance with Section 4.15 (1) of the Environmental Planning and Assessment Act, 1979. As discussed throughout this report. The proposal fails to meet a number of standards in State Environmental Planning Policy (Affordable Rental Housing) 2009. The proposal also fails to meet a number of Development Control Plan controls in relation to accessibility, tree protection and vehicular access to the site, resulting in adverse environmental impacts. The proposed development is not considered to be suitable for the site or its locality and is likely to set an undesirable precedent.

115. The application is recommended for refusal for the reasons outlined below.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

116. The reasons for this recommendation are:

· The proposal fails to demonstrate compliance with a number of State Environmental Planning Policy (Affordable Rental Housing) 2009 standards.

· The proposal fails to demonstrate compliance with accessibility, tree protection and vehicular access controls of the Hurstville Development Control Plan No. 1.

· The proposed development will have unacceptable adverse impacts on the natural and built environments.

· The proposed development will result in unacceptable adverse impacts on the amenity of future residents and adjoining allotments.

· In consideration of the aforementioned reasons, the proposed development is not a suitable and planned use of the site and its approval is not in the public interest.

Determination

117. THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, the Georges River Local Planning Panel refuse Development Application DA2019/0545 for demolition of existing structures and construction of a twelve (12) room Boarding House at grade car parking for seven (7) vehicles and associated site works on Lot 8 DP 12478 and known as 565 King Georges Road, Penshurst, for the following reasons:

1. Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the State Environmental Planning Policy (Affordable Rental Housing) 2009 in terms of the following:

(a) Cl.29(2)(b) – the landscape treatment of the front setback is incompatible with the streetscape existing and what is envisaged by the planning controls. The streetscape of the immediate locality is landscaped front yards of dwelling houses, with a single driveway providing vehicular access to each site. The front setback of the proposal contains concrete pathways, ramps, landings and fencing around the Manager’s private open space area which is incompatible with the existing and desired streetscape for the locality.

(b) Cl.29(2)(c) – where a communal living room is provided, it must receive more than 3 hours sunlight between 9am and 3pm during midwinter. One communal living room is proposed on the ground floor at the rear of the building. The room has one west-facing window that will be overshadowed year round by the overhang of the first floor of the subject development which extends 5m past the western wall of the ground floor.

(c) Cl. 29(2)(d)(ii) – the Manager’s private open space area must not be located within the front setback. The Manager’s private open space area is located within the front setback which adjoin King Georges Road.

(d) Cl.30A – the proposed development is not consistent with the existing or desired future character of the locality with respect to the lack of landscaping and extent of hard surfaces and structures located within the front setback, lack of articulation in the built form, poor access arrangements within the development between the building and parking area and communal open space.

2. Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the State Environmental Planning Policy (Infrastructure) 2007 in terms of the following:

(a) Clause 101 - Transport for NSW (formerly Roads and Maritime Service) has not granted concurrence to the proposed development as it has not been demonstrated that vehicles can simultaneously enter and exit the site safely.

3. Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Chapter 3 of the Hurstville Development Control P lan No. 1:

(a) Chapter 3.3 Access and Mobility - the application fails to demonstrate accessible pedestrian access to the car park.

(b) Chapter 3.5 Landscaping – the application fails to provide an adequate tree protection zone around the site tree to be retained to ensure its survival.

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

(a) The proposal fails to provide an adequate tree protection zone around the site tree nominated to be retained to ensure its survival.

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

(a) The proposal in its current form is incompatible with the existing and desired future character in relation to the extent of hard surfaces in the front setback.

(b) The proposed boarding house does not provide future residents with adequate solar amenity to the communal room.

(c) The development proposes very poorly located communal and private open space areas, adjacent to the car park and within the front setback to King Georges Road, which have little to no amenity for the residents or Manager of the boarding house.

6. Suitability of Site - Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development as:

(a) Safe vehicular entry and exit to and from the site has not been demonstrated.

(b) The built form is excessively bulky for the size and dimensions of the site.

(c) The development fails to achieve suitable levels of amenity for future residents and adjoining allotments as a result of poorly located communal and private open space areas and the access arrangements to the building.

(d) The excessively long and un-articulated built form is out of character for the locality.

(e) The information submitted with the application is inconsistent and contains insufficient detail to make a full and proper assessment, including the landscape plan and plan of management.

7. Public interest - Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest and is likely to set an undesirable precedent within the locality.

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.

ATTACHMENTS

Attachment ⇩1	Site Plan - 565 King Georges Road Penshurst
Attachment ⇩2	Elevations - 565 King Georges Road Penshurst

Georges River Council – Local Planning Panel Thursday, 7 May 2020

Page 208

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 21 May 2020

LPP Report No	LPP023-20	Development Application No	DA2019/0387
Site Address & Ward Locality	28 Princes Highway Kogarah Kogarah Bay Ward
Proposed Development	Construction of a mixed use, shop top housing development comprising of 3 x ground floor retail/commercial tenancies, 12 apartments, two levels of basement parking for 25 vehicles and a roof top communal area of open space and associated site works
Owners	Plumb Group Pty Ltd
Applicant	AB Works
Planner/Architect	ARPS (Andrew Robinson Planning Services)
Date Of Lodgement	28/08/2019
Submissions	Nil
Cost of Works	$4,375,918.00
Local Planning Panel Criteria	The proposed development is subject to the provisions of State Environmental Planning Policy - 65
List of all relevant s.4.15 matters (formerly s79C(1)(a))	State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy BASIX 2004, State Environmental Planning Policy Infrastrucutre 2007, State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft Georges River Local Environemental Plan 2020, Draft SEPP (Environment) 2017), Draft Remediation SEPP, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Kogarah Local Environmental Plan 2012 and Kogarah Development Control Plan 2013, Draft Georges River Local Environmental Plan 2020
List all documents submitted with this report for the Panel’s consideration	Statement of Environmental Effects Acoustic Report Architectural Plans Landscape Plans
Report prepared by	Senior Development Assessment Planner

Recommendation

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

Summary of matters for consideration under Section 4.15

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

Yes

Legislative clauses requiring consent authority satisfaction

Yes

Clause 4.6 Exceptions to development standards

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

Yes - Clause 4.6 Statement submitted outlining variation with Clause 4.3 (Height of Building) standard in the KLEP

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 minor design changes

Site Plan

Subject site outlined in blue

EXECUTIVE SUMMARY

Proposal

1. The development application (DA2019/0387) was submitted to Council on 28 August 2019 and seeks development consent for the construction of a four storey mixed use, shop top housing development comprising of a total of twelve (12) apartments, two (2) levels of basement car parking catering for a total of twenty five (25) vehicles, one (1) ground floor retail tenancy and two (2) commercial tenancies with an area of communal open space on the roof including landscaping and associated site works. A photomontage of the proposed building is provided at Figure 1 below.

2. In accordance with Clause 102 of the State Environmental Planning Policy (Infrastructure) the application was referred to Roads and Maritime Services (RMS) as the development fronts the Princes Highway an arterial roadway and RMS concurrence is required for any proposed development works on this site. RMS issued their formal concurrence on 19 September 2019 subject to the imposition of seven (7) standard conditions and six (6) advisory conditions to be imposed on the consent if approval is to be recommended. These conditions have been included in the recommended conditions.

3. The application was referred to the Georges River Design Review Panel (DRP) on 10 October 2019. The Panel was satisfied with the proposed built form and scale of the development and suggested some minor additional features and elements that could be integrated into the design including:

· Increase the landscaping and greenery on the roof level.

· Extend the awning around the Gray Street frontage for added pedestrian protection.

· Introduce a stair lift to the entrance lobby servicing G01 and UG02

· Solid balustrades to balconies along Princes Highway or winter gardens with the inclusion of this as floor space acceptable given the sites location.

· Create a small communal enclosed space on the roof to allow for activities in inclement weather.

4. The Applicant amended to plans to adopt some of the Panel’s recommendations. These issues are discussed in greater detail later in the report. The Panel stated that it “supports the application subject to the issues raised above being resolved. The application satisfies the design quality principles contained in SEPP 65.”

Figure 1: 3D Montage of the proposed development when viewed from Princes Highway

5. The application was referred to Ausgrid in accordance with Clause 45 of the Infrastructure SEPP. To date no response from this agency has been received and as such Council can assume their concurrence after 21 days from the date of notifying the authority. A standard condition is included that requires Ausgrid approval in the form of a Section 73 Certificate which needs to be issued prior to the Construction Certificate is issued.

6. The application has been referred to the Local Planning Panel as the proposal falls within the “contentious” development category and the provisions of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development are applicable.

Planning Issues

7. There are a number of areas where the development fails to comply with Council’s statutory and development controls however the proposal has been assessed on its merits and is considered to be a well-designed, high quality building which will establish a positive urban design and planning response for this site and immediate locality.

8. The plans were amended to alter the driveway entry and loading bay to be more functional and accessible and some small internal design changes were also incorporated.

9. The height of the building exceeds the 15m height limit and the maximum height of the building is 16.1m with the variation of 1.1m to the top of the lift overrun. This variation amounts to a 7% non-compliance. The amended design was accompanied by an updated Clause 4.6 Statement. A detailed assessment of the statement and non-compliance is provided later in this report, however in summary the statement is considered to be well-founded and the variation can be supported given it’s a small area of non-compliance in the centre of the building and does not affect any habitable area. The non-compliance satisfies the objectives of the development standard and zone objectives.

10. Part D2 (Commercial Locality Guides), Section 17 of the Kogarah Development Control Plan (KDCP) includes a series of specific controls for what is defined as the “Kogarah Locality” (refer to Figure 2 below). This area comprises of the sites 28-36 Princes Highway, which includes the subject site. The proposal fails to satisfy some of the locality controls including Section 17.3.1 which requires a maximum height of 10.2m and three storeys. The height of the building exceeds this control and seeks to comply with the 15m statutory height limit which overrides the DCP height control. Section 17.3.3 of Part D2 requires 28, 30 and 32 Princes Highway to be amalgamated as 34-36 have been amalgamated and have been developed as a three storey medium density residential flat building development. The proposal does not comply with this amalgamation plan and isolates 30 and 32 Princes Highway which currently operates as a Veterinary Clinic. The applicant has provided sufficient evidence to satisfy Council that acceptable offers to purchase the adjoining property in accordance with independent valuations were made. The neighbouring properties were not prepared to sell. Given the size of the subject site and the adequate frontage width (over 18m) to Princes Highway the proposed development is considered to be a satisfactory planning and urban design outcome.

11. In terms of isolating the adjoining property 30-32 Princes Highway, the redevelopment of the subject site will not prohibit the redevelopment of this adjoining site in accordance with the zone and site planning provisions. The Applicant has provided some modelling to indicate that access from the rear can be obtained and basement parking can be achieved, and a mixed-use or equivalent medium density residential development can occur. This site in principle will not be isolated as it will be able to be redeveloped to a similar scale and form as this site in the future. This issue is discussed in more detail later in the report.

12. Despite the non-compliances the proposed development is considered to be generally compliant with the anticipated built form, bulk and scale of development envisaged along this roadway in this precinct.

Figure 2: Kogarah Locality as defined in the Locality areas in Part 2D of the KDCP.

Site and Locality

13. This application applies to land known as 28 Princes Highway, Kogarah which is legally described as Lot 1 DP 741779. The site originally included an old detached dwelling house with colourbond boundary fencing and fully paved rear yard fronting the laneway at the rear. The site has a frontage of 18.288m to Princes Highway, a splay of to 4.310m to Gray Street, 22.242m frontage to Gray Street, a splay of 3.075m to Gray Lane and a width of 19.300m to Gray Street where rear access is provided to the site. The site has a total area of 582sqm.

14. Since the lodgement of this application the dwelling house on site has been demolished and the allotment is vacant and provides storage for a series of second-hand vehicles for sale. The demolition of the dwelling was approved under the provisions of CDC No.C-19-050 issued 4 June 2019. This application no longer relates to demolition but only construction of the building and associated site works.

15. The site is located within a locality which has been up-zoned and includes a series of larger scaled residential flat buildings along the opposite side of the Princes Highway. It adjoins a lower scaled residential area to the south and a variety of commercial uses immediately to the east. The site is within close proximity to the Kogarah Town Centre which includes a series of commercial and special infrastructure uses (St George Public and Private Hospitals).

Zoning and Permissibility

16. The principal local environmental planning instrument applying to the subject site is Kogarah Local Environmental Plan 2012 (KLEP), which came into force in February 2013. Amendment No. 2 – (New City Plan) came into force in May 2017 and introduced a range of new height and floor space ratio standards for the site and surrounding area. The LEP provides the local environmental planning provisions for land in the former Kogarah LGA in accordance with the relevant standard environmental planning instrument, as required under (the former) Section 33A of the Environmental Planning and Assessment Act 1979. The height control for the site was increased to 15m with a Floor Space Ratio of 2:1.

17. The subject site is zoned B1 Neighbourhood Centre. Local Centre under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012). The proposal is a mixed-use development and specifically defined as a “shop top” housing development which is permissible with consent in the zone and the proposal in its current form satisfies the zone objectives.

18. A full and detailed assessment and consideration of the proposal against the key KLEP statutory planning provisions is provided later in this report.

Submissions

19. The DA was notified to adjoining properties in accordance with the Kogarah Development Control Plan 2013 (DCP2013) for a statutory notification period of 14 days. No submissions were received in response.

Reason for Referral to the Local Planning Panel

20. This application is referred to the Georges River Local Planning Panel for consideration and determination as the proposal relates to a Residential Flat Building and the provisions of the State Environmental Planning Policy 65 – Design Quality of Residential Flat Development is applicable.

Conclusion

21. 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, Local Environmental Plans and Development Control Plans. The proposed built form despite its non-compliance with a series of local planning controls is considered to achieve the desired planning, streetscape and urban design outcome that is envisaged for this precinct. The development will create a positive contribution to the streetscape and immediate locality through its high-quality design.

REPORT IN FULL

DESCRIPTION OF THE PROPOSAL

22. The DA seeks consent for the construction of a four (4) storey mixed use development comprising of twelve (12) apartments, three (3) ground floor commercial tenancies and two (2) levels of basement car parking for twenty five (25) vehicles and associated landscaping on the rooftop in the form of a communal area of open space.

23. Further details of the proposal are as follows;

Basement Level 2 Plan

A total of thirteen (13) car parking spaces broken in the following configuration:

- Twelve (12) resident spaces including two (2) accessible spaces

- One (1) Visitor space which doubles as a car wash bay

- Lift lobby and fire stair access

- Space for storage and services

- Bicycle parking for five (5) bicycles

Basement Level 1 Plan

A total of twelve (12) car parking spaces in the following configuration:

- Five (5) resident car parking spaces

- One (1) visitor space (accessible)

- Two (2) retail car parking spaces

- Four (4) commercial car parking spaces

- Space for services and storage

- Lift lobby and fire stair access

- Bicycle parking for five (5) bicycles

Lower Ground Floor Plan

- Driveway entry along the south western side of the site from Gray Lane

- One (1) commercial tenancy with a total floor area of 41sqm

- Main entry lobby

- Ancillary services (service room and garbage/waste room)

- Loading Bay with access off Gray Lane

- Void space along the front of the building

Ground Floor Plan

- One (1) commercial tenancy with a GFA of 82sqm

- One (1) retail tenancy with a GFA of 46sqm

- Main entrance lobby off Princes Highway

- 1 x one (1) bedroom apartment with terraces (nominated as adaptable)

- 1 x two (2) bedroom apartment with terraces (nominated as adaptable)

- Terrace area and landscaped area along the Princes Highway frontage adjoining the retail and commercial shop fronts

First and Second Floor (repeated)

- Central lift and stair lobby area

- 3 x two (2) bedroom apartments

- 1 x one (1) bedroom apartment

Third Floor

- Central lift and stair lobby area

- 2 x two (2) bedroom apartments

- Rooftop communal terrace area and associated landscaping

- Enclosed BBQ and WC area

Figure 3: Front elevation of the subject development (Princes Highway Frontage)

Figure 4: Eastern side elevation of the subject development (Gray Street frontage)

DESCRIPTION OF THE SITE AND LOCALITY

24. The subject site comprises of one (1) allotment known as 28 Princes Highway, Kogarah which has the following legal description:

· Lot 1 DP 741779

25. The site has a frontage of 18.288m to Princes Highway, a splay of to 4.310m to Gray Street, 22.242m frontage to Gray Street, a splay of 3.075m to Gray Lane and a width of 19.300m to Gray Street where rear access is provided to the site. The two small splays along the northern and south eastern corners reducing the eastern boundary length of the property. These aim to improve and open up pedestrian sight lines.

26. The total site area is 582sqm as shown on the survey plan (refer to Figure 5 below). The survey shows the originally constructed single storey detached dwelling house which has been demolished via a CDC. The site is currently concreted and stores cars that are for sale. The site falls from the front (Princes Highway) to the rear laneway by some 1.66m.

Figure 5: Reduced extract of the Survey Plan submitted with the application

27. Immediately to the west of the site is a small detached dwelling house known as 30 Princes Highway which currently operates as a Vet. This property has at grade designated parking at the rear of the property. 32 Princes Highway is a vacant land used in conjunction with the Vet practice. Further to the west is a medium density, three storey RFB development at 34-36 Princes Highway.

28. Immediately to the east is 60 Gray Street which is a vacant, unoccupied two storey building once occupied by government offices. The rear of this property includes ancillary buildings which appear to operate a fast food business. Further east are a series of commercial businesses and lower scaled developments including a commercial car wash and a car sales yard.

29. To the south is a small-scale residential area which comprises mainly of single and two storey dwelling houses of varying architectural styles and forms. 73 Gray Street adjoins the subject site and is adjacent to Gray Lane. Its double garage abuts the northern boundary and there is significant vegetation that screens this property from view.

30. To the north, across the Princes Highway are newly constructed 6-8 storey Residential Flat Buildings (RFB’s) of varying modern architectural designs and styles. These were constructed after the recent rezoning of this precinct which encourages higher densities near major centres (ie. Kogarah Town Centre).

31. The photos below reflect the immediate environment and show the characteristics of development adjoining the site.

Photo 1: Existing view of the subject site looking towards the north (photo taken from Gray Lane)

Photo 2: Adjoining development to the west, the Vet located at 30-32 Princes Highway and the medium density development beyond at 34–36 Princes Highway

Photo 5: View of Gray lane at the rear

32. The site is located within a very convenient and accessible location with close proximity to the Kogarah Town Centre, the Railway Station, services such as the St George Hospital and other land uses such as Moorefield Girls High School and James Cooke Boys Technology High School and within close proximity to a number of other commercial land uses.

State Environmental Planning Policies

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

Table 1: Summary of SEPPs and general compliance

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
State Environmental Planning Policy No 65 — Design Quality of Residential Apartment Development	Partial non-compliance with some design standards

Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment

34. The main aims and objectives of this plan are (not limited to);

· to maintain and improve the water quality and river flows of the Georges River and its tributaries and ensure that development is managed in a manner that is in keeping with the national, State, regional and local significance of the Catchment,

· to protect and enhance the environmental quality of the Catchment for the benefit of all users through the management and use of the resources in the Catchment in an ecologically sustainable manner,

· to ensure consistency with local environmental plans and also in the delivery of the principles of ecologically sustainable development in the assessment of development within the Catchment where there is potential to impact adversely on groundwater and on the water quality and river flows within the Georges River or its tributaries,

· to establish a consistent and coordinated approach to environmental planning and assessment for land along the Georges River and its tributaries and to promote integrated catchment management policies and programs in the planning and management of the Catchment,

35. The proposed system and method of stormwater disposal relies on a series of pits and an OSD (onsite detention tank) located below Commercial Tenancy 1 in the sub-floor area with an overflow pipe to Gray Avenue.

36. The application has been referred to Council’s Engineering Section for comment. No objection was raised in respect to the proposed design and no additional requirements were imposed other than standard conditions that will ensure the system operates accordingly. The stormwater arrangement is generally consistent and in accordance with Council’s Water Management Policy and satisfied the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment.

37. The proposal is not considered to have an adverse impact on the waterway and the Georges River catchment. The proposal aims to protect the existing water quality and use and functionality of the wider catchment.

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

38. A BASIX Certificate has been issued for the proposed development. The BASIX Certificate No.101833M is dated 1 July 2019 and the proposal meets the minimum provisions and requirements of BASIX in terms of water, thermal comfort and Energy efficiency.

State Environmental Planning Policy No 55 - Remediation of Land

39. 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.

40. 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.

41. A Preliminary Site Investigation was prepared by EI Australia, dated 29 May 2019. As part of the investigation a conceptual site model (CSM) was derived for the site which identified potential contaminating sources that may have occurred and evaluated the likelihood for relevant exposure to any contaminants.

42. The key findings of the report are summarised below as;

· Land titles records and historic aerial photography indicated that the Site has been used for residential purposes since 1930.

· Records held by Georges River Council reveal no evidence regarding previous manufacturing or industrial activities.

· A search of the records of notices for Contaminated Land indicated that the site and neighbouring site were free of statutory notices issued by NSW EPA. The site was not identified on the List of NSW Contaminated Sites notified to the EPA.

· The site walkover inspection did not identify any evidence of contamination on site or source of contamination from neighbouring properties.

· A Conceptual Site Model (CSM) and qualitative risk assessment was produced for the site which identified low to medium potential contamination risk on site.

43. The report was prepared whilst the detached dwelling house was still on the site and it was likely that the home could contain asbestos. As such the report recommended a series of measures to ensure that if there were any unexpected finds or contamination that appropriate steps and measures were taken. A Hazardous Materials Survey was to be prepared after demolition. Since the dwelling house has already been demolished in accordance with an approved CDC No.C19-050 the Builder and Certifier accepted and signed off on the demolition. The recommendations of this report are still applicable given the concrete paving which covers the site still exists it is important to ensure that during construction, (in particular excavation) all appropriate measures are undertaken to eliminate any unexpected finds or sources of contamination if found. Appropriate conditions in accordance with the findings of the report are included if approval is recommended.

44. There is no evidence to suggest contamination exists on the site and as such the site is considered satisfactory for its intended use subject to the compliance with the conditions.

State Environmental Planning Policy (Infrastructure) 2007

45. The aim of the Policy is to facilitate the effective delivery of infrastructure across the State. The Policy also examines and ensures that the acoustic performance of buildings adjoining the rail corridor or busy arterial roads is acceptable and internal amenity within apartments is reasonable given the impacts of adjoining infrastructure.

46. Clause 102 (Development fronting a classified road) is relevant as the proposal adjoins the Princes Highway, a designated arterial road. A Classified Road is defined as a roadway that carries a daily annual traffic volume of 40,000 vehicles. The Princes Highway satisfies this requirement. Clause 101 states that;

“If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the residential accommodation—35 dB(A) at any time between 10.00 pm and 7.00 am,

(b) anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.”

47. The application is accompanied by an Acoustic report prepared by Koikas Acoustic Consultants dated 1 July 2019. The report assessed the following potential impacts;

· Traffic Noise associated with the Princes Highway and its impact on future occupants of the development.

· Mechanical Plant noise and its impact to neighbouring dwellings.

· Inter-tenancy sound insulation requirements.

Figure 6: Noise monitoring locations as per the Acoustic Report prepared by Koikas Acoustics, July 2019

48. In respect to traffic noise impacts the assessment also considers the measures required to satisfy the provisions within the Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008. These standards are aligned with the noise requirements in the Infrastructure SEPP. The standard provisions state that if internal noise levels exceed the noise requirements by more than 10db with windows open these spaces need to be mechanically ventilated which will allow noise levels to be achieved with windows and openings closed. So indoor noise levels should not exceed 45dB in any bedroom between 10pm and 7am and 50dB elsewhere in the building. The assessment was also conducted against the EPA’s Noise Policy for Industry (NPI) Guidelines.

49. In summary, if windows are closed to bedrooms they are to achieve a max 35dB, living rooms achieve a max 40dB and if windows are opened to bedrooms a max 45dB is to be achieved and living spaces a max 50dB.

50. The assessment concluded that these acoustic levels can be met with appropriate and specific construction measures being adopted. Traffic noise levels to indoor areas of the proposed development can be satisfactorily reduced through the use of common building materials. This may be through solid masonry external walls or acoustically design lightweight walls, concrete roof slabs and glazing of suitable type, thickness and mounting/sealing. Inter-tenancy noise insulation requirements of the BCA can also be achieved through the use of suitable building materials and partition system details as advised. For the impact isolation performance of floors it is recommended that on-site verification of the acoustic performance is conducted on a sample of the proposed prior to installation throughout the development.

51. In relation to the location and impact of mechanical plant and building use noise levels have not been calculated as the location and type of mechanical plant and equipment was not identified. It is recommended that a detailed mechanical plant noise impact report should be prepared prior to construction commencing on site. Generally there is sufficient scope for the shop-top development to accommodate standard air conditioning condensers and to limit the level of noise from mechanical plant and equipment through strategic placement of condenser units, selection of low noise level equipment, and acoustic treatments such as silencers/duct linings. A condition will ensure that these options are required when designing the proposed mechanical ventilation system prior to the Construction Certificate being issued.

52. As discussed, a series of construction measures will be implemented to improve the acoustic performance of the building. Conditions have been recommended to ensure the recommendations of the acoustic report are integrated into the design of the building.

Draft Remediation of Land SEPP

53. 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.

54. The main changes proposed to this SEPP 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.

55. 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. The Draft SEPP will not alter or affect the findings in respect to contamination at the Site as described above.

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

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

57. 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).

58. 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.

59. The subject site is currently vacant and fully concreted and does not include any plants, trees or vegetation. The development will therefore not remove any significant or important vegetation.

Draft Environment SEPP

60. 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.

61. 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.

62. The proposal is consistent with the provisions of this Draft Instrument.

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

63. State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings (SEPP 65) was gazetted on 26 July 2002 and applies to the assessment of DAs for residential flat developments of three or more storeys in height and containing at least four dwellings. Amendment 3 to SEPP 65 commenced on 17 July 2015 and implemented various changes including the introduction of the Apartment Design Guide (ADG) to replace the Residential Flat Design Code. Given the nature of the development proposed, SEPP 65 applies.

64. Clause 28(2) of SEPP65 requires that the consent authority take into consideration the following as part of the determination of DAs to which SEPP 65 applies:

a) the advice (if any) obtained from the design review panel, and

b) the design quality of the development when evaluated in accordance with the design quality principles, and

c) the Apartment Design Guide.

65. The proposed development was referred to the Design Review Panel on 10 October 2019. The Panel raised no objection to the proposed development. The Panel considered the development against each of the nine (9) Design Quality Principles (refer to Table 3) and also considered the provisions of the Apartment Design Guide (ADG) which are summarised and addressed in Table 4 below.

66. The proposal satisfies most of the Design Principles of the Apartment Design Guidelines. The Tables below provide a comprehensive assessment against the principles, objectives and controls of SEPP 65 and the ADG.

Table 2: Application of SEPP 65

Clause	Standard	Proposal	Complies
3 - Definitions	Complies with definition of “Residential Apartment Development” (RAD)	Complies with the definition. Section 4 (1) (Application of Policy) of the SEPP 65 states that the policy “applies to development for the purpose of a residential flat building, shop top housing or mixed use development with a residential accommodation component if: (a) the development consists of any of the following: (i) the erection of a new building, (ii) the substantial redevelopment or the substantial refurbishment of an existing building, (iii) the conversion of an existing building, and (b) the building concerned is at least 3 or more storeys (not including levels below ground level (existing) or levels that are less than 1.2 metres above ground level (existing) that provide for car parking), and (c) the building concerned contains at least 4 or more dwellings.”	Yes – the proposed mixed use development satisfies the definition of SEPP 65.
4 - Application of Policy	Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB. The definition of an RFB in the SEPP includes mixed use developments.	Construction of a mixed use development which satisfies the SEPP’s definition of the proposed land use. Refer to definition and explanation above in relation to the applicability of the Policy.	Yes
50 – Development Applications	Design verification statement provided by qualified designer Registered Architect Name and Registration No.	Design Verification Statement provided by Registered Architect: Jim Apostolou (Registration No.7490)	Yes

Table 3: Part 2 Design Quality Principles under the SEPP

SEPP 65 – Design Quality of Residential Flat Buildings

DRP Comment

Council Officers 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 located at the junction of Princes Highway and Gray Street. Princes Highway generates constant heavy traffic and noise. There has been very limited re-development along the south side of the highway to date, as opposed to the north side where there have been recent multi storey buildings. To the south west of the site is a low scale development currently used as a veterinary clinic. There is a three (3) storey apartment building next door to the veterinary clinic and further to the south east. To the south, in a different zone, there are low scale residential developments. The site is accessible from Gray Lane at the rear.

The adjacent site to the south west is technically an isolated site however the Panel was informed that many attempts had been made to amalgamate it unsuccessfully. The 18m frontage does however provide capacity for some future commercially viable development.

The issue of site isolation is addressed in greater detail later in this report. In summary the Applicant prepared an independent valuation of 30 Princes Highway and made a number of offers to acquire the property and amalgamate it. The neighbouring owners did not accept the offers and so the Applicant has developed the site on its own. The Applicant has also provided a draft, indicative building envelope and floor plan layout for 30 Princes Highway to show that it can be redeveloped in a similar manner and contain a mixed use development despite its relatively narrow frontage of just over 18m (30 and 32 Princes Highway have a frontage width of 9.1m for each property)

Built Form and Scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

The built form and general scale is generally appropriate and acceptable.

There was discussion about the basement retaining wall construction as shown in the drawings. Clarification should be provided to demonstrate the walls can be built without altering the car park layout.

The proposal has been amended to largely address the Panel’s comments and improve the building’s functionality and general amenity. The basement walls are located on the boundary and a Geotechnical report accompanies the application prepared by EI Australia and dated 12 June 2019. It proposes cantilevered retaining walls and excavations adjacent to the Princes Highway which will be supported by an anchored system. The retaining wall design is detailed and will ensure shore and piling occurs.

RMS have anticipated that anchors could be included within the roadway and have imposed a condition which states “If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) day notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.” This condition is included if consent is issued.

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 subject to checking by Council’s Planner.

The Gross Floor Area calculation has been confirmed and is accurate being below the 2:1 FSR permitted, therefore the proposed density is considered to be acceptable.

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.

Solar panels are provided for hot water heating and lighting of circulation areas. A rainwater tank is located adjacent to the fire stair in the communal open space. It is assumed this is for the purpose of recycling water for planting. ADG compliant solar access is provided to all units. ADG compliant natural cross ventilation is provided to all units.

Generally, these measures are commended, and it is also recommended that the roof top be greened.

The proposed building includes photovoltaic panels (solar cells) on the roof. The roof includes a rainwater tank which will water the plants on the roof.

The rooftop includes a number of planter boxes and includes appropriate landscaping.

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 selected trees for the Princes Highway frontage are not large enough to accommodate species reaching a mature height of 12-13m. The planter boxes are inadequate in depth and should be recessed into the car park area where there is abundant head room. This will also allow the root system to extend below the public footpath.

The landscaping to the communal roof top open space appears to be appropriate.

The proposed street trees cannot be increased as the development includes excavation along all boundaries. The planter boxes could be enlarged but this will not result in a discernible difference. Given that there are no street trees currently in the frontage of the Site the proposed planter boxes and trees at the front are considered to be an improvement in the treatment of the property.

Landscaping on the rooftop is functional and attractive.

Amenity

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

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

To facilitate unloading the commercial garbage area and corridor should be relocated in the plan. See ‘Sustainability’ for comments on satisfactory solar access and natural cross ventilation.

For consistency the landscape drawing should be coordinated with architectural drawing A-1400 to show the WC to the communal open space.

The awning at street level should be extended around the Princes Highway/Gray Street corner to provide continuity and protection for pedestrians from rain and sun as well as screening the large area of glazing to the commercial frontage. This may require a set of steps to accommodate level change between Gray Street and Princes Highway setback area.

It is suggested that a stair lift be provided from the entrance lobby to the hallway serving Units UG01 and UG02 to ensure access if the lift is out of service.

The design of balconies to all residential units should deal with road noise by way of solid balustrades, acoustic treatment of balcony soffits and walls. Winter gardens, if provided, should not prejudice the application with regard to FSR compliance.

A small enclosed area should be provided on the communal roof deck to allow for usage in all kinds of weather.

The applicant was requested to provide a table demonstrating achievement of the ADG storage guidelines.

The ground floor loading bay has been redesigned to have direct access from the rear through to the commercial development, garbage areas and service areas.

A WC and small enclosed BBQ space is provided on the roof top as requested by the Panel.

The proposed awning has been amended in its original design by being extended to wrap around the Gray Street frontage.

The Panel’s suggestion of a stair lift connecting the lobby up to units UG01 and UG02 is a good suggestion however the application is accompanied by an Access report prepared by AED Group and dated 5 July 2019 which stipulates compliance. Technically the stair lift is not required given the lift will provide access to all levels.

The balconies are glass which although not solid are lighter features which provide a softer finish to sections of the building breaking up the solidity of the structure. Given that the rooms off the balconies and facing the Princes Highway will have to be mechanically ventilated it won’t matter the material or finish of the balcony railings.

The applicant has provided a detailed breakdown of the storage requirements and the development is compliant.

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.

Satisfactory

Considered to be satisfactory

Housing Diversity and Social Interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

Well-designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

Satisfactory and acceptable.

See comments above under ‘Amenity’ regarding provision of enclosed area on communal roof top.

The proposed development provides a mix of 1 and 2 bedroom apartments which offers diversity in housing stock and also provides 3 commercial/retail tenancies of varying sizes.

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.

Satisfactory

The building is a well designed, attractive and well-modulated building with a variety of materials and finishes that create a balanced, contemporary and harmonious built form.

67. In conclusion the “Panel supports the application subject to the issues raised above being resolved. The application satisfies the design quality principles contained in SEPP 65”. The Applicant has made a number of adjustments to the design to satisfy the Panels comments.

68. Clause 28 of SEPP65 requires the consent authority to take into consideration the provisions of the ADG. The Table below assesses the proposal against these provisions.

Table 4: Part 3 and Part 4 – Consideration of Residential Flat Design Code Design Controls

Clause	Standard	Proposal	Complies
3D - Communal open space	1. Communal open space has a minimum area equal to 25% of the site. -Where it cannot be provided on ground level it should be provided on a podium or roof -Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should: • provide communal spaces elsewhere such as a landscaped roof top terrace or a common room • provide larger balconies or increased private open space for apartments • demonstrate good proximity to public open space and facilities and/or provide contributions to public open space 2. 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)	The development provides for a total landscaped area of 151sqm which is located solely on the rooftop. This equates to 26% of the site and is considered to be a good planning and landscaping outcome given the site currently has no landscaped area and includes a fully concreted site with parking and paved area at the rear. The provision of a communal area of open space at the roof top, which is private, will cater for the residential occupants of the development. The proposal has also been designed so that the commercial/retail tenancies and main entry facing the Princes Highway are setback 4m from the roadway. This allows for the provision of some planter boxes and introduce some greenery and planting within this space to soften the ground floor area and provide a buffer to this busy roadway. A condition will require the provision of street trees along Gray Avenue to improve the visual appearance of the roadway and introduce some larger trees as this roadway is largely devoid of any greenery or street plantings. It is requested that street trees be planted along Princes Highway however a condition will require RMS approval for the type and form of trees. The rooftop terrace will offer good amenity including planter boxes around its perimeter and will have adequate solar access with 50% of the space having a minimum of 3 hours of solar access from 9am to 12pm in midwinter.	Yes Yes
3E – Deep Soil zones	1. Deep soil zones are to meet the following minimum requirements: Where the site area is less than 650sqm a min deep soil area of 7% is required and there is no minimum dimension required.	The minimum amount of deep soil area that is required on site is 41sqm (based on a site area of 582sqm). The proposed development does not provide any deep soil across the site. This is largely due to the development being a mixed -use development with commercial uses dominating the ground floor and the site characteristics are not attune to providing a meaningful and functional area of deep soil given that the site area is small in area. Given there is currently no deep soil area provided on site and there are no trees or landscaping existing, the proposed development provides for a better environmental, visual and landscaping outcome than currently exists.	No but considered acceptable given there is no deep soil provided currently on-site.
3F- Visual Privacy	Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows: Up to 12m (4 storeys) Habitable - 6m Non-habitable – 3m Up to 25m (5-8 storeys) Habitable – 9m Non-habitable – 4.5m	Part 3F relates to “visual privacy” and establishes minimum or reasonable side setbacks for developments which allow for adequate separation between buildings and therefore maintain privacy between properties. The provisions in relation to visual privacy are primarily focused around residential flat buildings and their relationship to one another. Given this is a mixed-use development within a commercial zone the intention is for new developments to be built to side boundaries with a nil side boundary setback. This is evident by the siting of 34-36 Princes Highway and three (3) storey RFB that is built to the eastern boundary. It is intended in this neighbourhood centre zone along Princes highway to have RFB’s or mixed-use developments sited on side boundaries with nil separation between buildings to create a connected and seamless streetscape. The objective of the control is to provide “Adequate building separation distances which are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy”. The proposed development achieves this outcome despite having its western elevation sited on the common boundary. Along the eastern side the ground floor commercial/retail tenancies are located on the boundary with a nil setback to Gray Avenue however the upper level residential units and their balconies are recessed behind the ground floor and setback between 2.19m, 3m and up to 6m for the first floor units. The side setbacks along this side of the building are appropriate given the building adjoins a roadway and commercial development across to the east. There will be no direct overlooking from any eastern facing internal living spaces to development to the east. The setbacks offer variety and diversity in the built form and articulation to this façade breaking up the visual bulk and scale.
3G – Pedestrian Access and entries	Building entries and pedestrian access connects to and addresses the public domain Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge	The main lobby entry is from Princes Highway. The lobby is wide and centrally located between the two main commercial/retail tenancies. There is also a secondary access from the rear laneway through to the lift. The design of the entry lobby and pedestrian access around the building is well designed.	Yes
3H-Vehicle Access	Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes	Vehicular access is off the rear laneway (Gray Lane) which is ideal and the preferred option in this case. RMS would not permit access off The Princes Highway and have consented to the proposed arrangement subject to the imposition of standard conditions. Council’s Engineers originally raised concerns regarding the design and size of the Loading Bay and the inability or difficulty for a Small Rigid Vehicle (SRV) to easily manoeuvre out of this area. The originally superimposed swept paths and turning diagrams showed difficulty in accessing this area. The design of the Loading Bay was enlarged and modified and is now easily accessible. Council’s Engineers have reviewed the modified design and are satisfied with the arrangement and have conditioned that a SRV is to be able to access this space. They also do not raise any concerns with the driveway access and basement parking configuration.	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 400m 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. In accordance with Section 5.4.3 (High Density Residential Flat Buildings) of the RMS Traffic Generating Guidelines. The site is located within the “Metropolitan Sub-Regional Centres” and the following provisions apply; 0.6 spaces per 1 bedroom unit 0.9 spaces per 2 bedroom unit 1.4 spaces per 3 bedroom unit 1 space per 5 units (visitor parking) The provision of at least one loading dock for residential use is desirable, although a dock intended for commercial uses may be sufficient. The parking provisions for commercial use within a high density residential flat building should be separately established by referring to the relevant guidelines for those specific uses.	The site is located within 400m of land zoned B4 Commercial being located directly across the road from a small B4 commercially zoned precinct however is also within 400m walking distance from the Kogarah Town Centre and main commercial area which is zoned B4 and includes key commercial, retail and special uses. The site is also about 800m from the Kogarah Train Station entry. Proposal relies on the following car parking provisions; 3 x 1 bedroom units = 0.6 x 3 = 1.8 9 x 2 bedroom units = 0.9 x 9 = 8.1 spaces Residential spaces required = 10 spaces Visitor = 12/5 = (2.4) 3 spaces Total = 13 spaces The proposal requires a total of 13 off-street car-parking spaces for residents and visitors Commercial parking in accordance with KDCP provisions which is 1 space per 40sqm but given this space is likely to be retail then the provision of 1 space per 25sqm of GFA should be applied. This amounts to 4 spaces One (1) dedicated retail tenancy with an area of 41sqm generates a need for 2 spaces. Two (2) commercial tenancies are proposed with a total floor space of 123sqm which generates a demand for 3 spaces. A total required car parking spaces including commercial components amounts to a total of 18 car parking spaces. The two (2) basement levels and ground floor area dedicated for car parking caters for the following; 17 dedicated resident spaces 2 visitor spaces 4 dedicated commercial spaces 2 dedicated retail spaces One Loading Bay at the rear Designated Car Wash Bay which doubles up as a visitor space. Total of 25 car parking spaces are provided. The off street car parking provision exceeds the requirements of RMS/ADG provisions.	The car parking arrangement and number of spaces provided complies with the ADG/RMS requirements. The proposal complies with the numerical requirements of the ADG given the accessible location of the site. The design of the driveway access and car parking spaces and their configuration generally comply with the provisions of AS2890.
ADG Car Parking Provisions The ADG parking provisions are based on the Guide to Traffic Generating Developments, 2002 provisions. The Guide assists in calculating the minimum car parking spaces required by the development and also calculates potential traffic generation. In respect to car parking numbers required, there are two categories that the proposal could fall under Medium Density Residential or the High Density Residential development. Medium Density development under the guide is defined as a Residential Flat Building containing less than 20 dwellings. This relates and captures a traditional residential development that isn’t in an accessible location or contains a commercial/retail component. So although the residential part of the development is less than 20 units this definition isn’t thought to capture this form of mixed use development. The high density development category in the guide relates to a development with 20 or more dwellings (and can include a commercial component), located in an accessible location (i.e. 400m from a B4 or commercial zone and/or 800m from a railway station). In this case the development is located within an “accessible” location, within 400m of a B4 zone and the Kogarah Commercial/Town Centre and within 800m of the Kogarah Train Station and as such this is considered to be an appropriate category to use to assist with parking calculations. The High-density category is further broken up into a Metro-Regional Centre (development located within a larger and strategic CBD centre being Kogarah and Hurstville) and a Metro-Subregional Centre outside these strategic centres. The Metro-Subregional Centre category is considered to be appropriate for the nature, scale and size of this development given its good accessibility to the Kogarah Town Centre and Train Station. As such the parking rates have been assessed against the Metro-subregional centre rates. A detailed breakdown of the calculation is provided above and indicates compliance. Later in this report the development is assessed and also considered against the parking provisions of the Kogarah DCP.
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 A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm in midwinter	The proposed development provides for a total of twelve (12) apartments that will receive a minimum of 2 hours of solar access. This amounts to 100% of the development.	Yes
4B- Natural Ventilation	At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line The building should include dual aspect apartments, cross through apartments and corner apartments and limit apartment depths	The new apartments have been designed to comply with the minimum cross ventilation requirements of the ADG. No apartment exceeds 18m in their depth. 9 apartments are cross ventilated which achieves 75% compliance as most apartments have a dual aspect.	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 3.3m for ground floor and first floor in mixed use areas to promote flexibility of use.	All residential levels and all apartments have floor to floor heights of 3.05m which is considered satisfactory and allows for a 350mm floor slab which can accommodate services and ducting to achieve a floor to ceiling height of 2.7m Commercial Tenancy 1 facing Princes Highway has a floor to floor height of 4.3m which is much higher than the 3.3m requirement and will be well within the height limit even after ducting, internal services and floor slab is taken into account. Commercial Tenancy 2 facing Gray Street has a floor to floor height of 3.7m which allows for a 500mm slab to be catered for allowing for ducting, internal services and floor slab thickness. The 3.3m floor to ceiling height is capable of being achieved. Retail Tenancy 1 facing Princes Highway, like Commercial Tenancy 1 has a floor to floor height of 4.3m which is much higher than the 3.3m requirement and will be well within the height limit even after ducting, internal services and floor slab thickness is taken into account. Commercial Tenancy 2 has a floor level that is partially submerged towards its north eastern side. This is a result of the natural slope from north to the south of Gray Street. Access to the space is at grade off Gray Street and the design is considered to be satisfactory.	Yes
4D- Apartment size and layout	Apartments are required to have the following minimum internal areas: 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 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	One bedroom units have the following internal areas; UG01 – 50sqm U1.02 – 50sqm U2.01 – 50sqm Two bedroom units have the following internal areas; UG02 – 86sqm U1.01 – 75sqm U1.03 – 75sqm U1.04 – 75sqm U2.01 – 75sqm U2.03 – 75sqm U2.04 – 75sqm U3.01 – 80sqm U3.02 – 78sqm Every habitable room has a window opening larger than 10% of the room area apart from the central bedroom windows to Units 1.04, 2.04 and 3.02 as these windows are small snorkel windows. This issue of the solar access provision and size of the windows to these bedrooms was brought up with the Applicant. The architect did review the design however could not come up with a better design to resolve this issue. A condition will require the provision of a skylight to the roof-space above the bedroom to Unit 3.02 which would resolve this issue and provide improved solar access to this space however the other two lower level rooms will remain darker than other spaces. This is considered acceptable given it is only affecting two spaces and these are secondary habitable spaces being bedrooms rather than living spaces and the amenity of these spaces will not be adversely affected given they will obtain some natural light and ventilation.	Yes Partial non-compliance but this is considered acceptable.
4D-2 Apartment size and layout	Habitable room depths are limited to a maximum of 2.5 x the ceiling height In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window	Satisfactory With the minimum floor to ceiling heights complying with the 2.7m minimum, all habitable room depths satisfy the minimum requirements. Apartments have open plan living/dining room layouts. All living spaces are orientated to the north, north east and east.	Yes
	Master bedrooms have a minimum area of 10sqm and other bedrooms 9sqm (excluding wardrobe space). Bedrooms have a minimum dimension of 3m (excluding wardrobe space). 3. Living rooms or combined living/dining rooms have a minimum width of: -3.6m for studio and 1 bedroom - 4m for 2 and 3 bedroom apartments The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts	All master bedrooms have a minimum internal size of 10sqm. Bedrooms have minimum dimensions of 3m. Living rooms have minimum widths of 4m. There are no cross-over or cross-through apartments proposed.	Yes
4E- Private Open space and balconies	All apartments are required to have primary balconies as follows: -1 bedroom = 8sqm in area Min 2m depth -2 bedroom = 10sqm in area Min 2m depth The minimum balcony depth to be counted as contributing to the balcony area is 1m 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	The proposed balconies and terraces which are proposed for all apartments exceed the minimum sizes. 1 bedroom units – 8sqm – 29sqm (width min 2m) 2 bedroom units – min 11sqm – 20sqm (width min 2m) There are technically no ground floor apartments. Units UG.01 and UG.02 are raised above the commercial tenancy located along Gray Street and these apartments have large and spacious terrace areas of 25sqm and 20sqm respectively.	Yes Yes
4F- Common circulation areas	The maximum number of apartments off a circulation core on a single level is eight	Ground Floor (Gray Street) – no apartment’s only one commercial tenancy located at street level. Upper ground floor level – 2 units with access off the lobby. First Floor – 4 units with access off the main lobby area. Second Floor – 4 units with access off the main lift lobby. Third Floor – 2 units with access off the main lift lobby.	Yes
4G- Storage	In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided: 1 bedroom = 6m³ 2 bedroom – 8m³ At least 50% of storage is to be located within the apartment.	Each apartment has dedicated internal storage spaces within each unit adjacent to the laundry or within the laundry and there are also additional cupboards in the 2 bedroom units and satisfies the minimum storage requirements. Both basement parking levels have 5 designated storage areas. A further two areas can be accommodated to the south west of car spaces No.12. This will be included as a condition and will ensure every residential dwelling will have an external space.	Yes Yes
4H- Acoustic Privacy	Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses. Window and door openings are generally orientated away from noise sources Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources	A detailed acoustic assessment of the proposal has been provided and discussed in detail earlier in this report. Further to this assessment, the design of the building has been sensitively considered so that secondary habitable areas are located primarily along Princes Highway comprising of bedrooms and ensuites which limits the amount of living spaces facing this busy roadway. The design of the building and location of internal spaces has considered the objectives of ADG in relation to the key noise source (the highway). The design has limited the amount of living spaces located off this roadway.	Yes complies
4J – Noise and Pollution	To minimise impacts the following design solutions may be used: • physical separation between buildings and the noise or pollution source • residential uses are located perpendicular to the noise source and where possible buffered by other uses • buildings should respond to both solar access and noise. Where solar access is away from the noise source, non-habitable rooms can provide a buffer • landscape design reduces the perception of noise and acts as a filter for air pollution generated by traffic and industry	The development can comply with the provisions of 4J of the ADG if approval of the application is considered. Most key living spaces are orientated to the east facing the secondary roadway, Gray Street rather than be orientated towards Princes Highway.	Yes
4K – Apartment Mix	A range of apartment types and sizes is provided to cater for different household types now and into the future The apartment mix is distributed to suitable locations within the building	The development offers a mix of one (1) and two (2) bedroom apartments. 3 x one (1) bedroom apartments (25%) 9 x two (2) bedroom apartments (75%) The mix is considered to be appropriate given the small -scale nature of the development.	Yes
4L – Ground Floor Apartments	Street frontage activity is maximised where ground floor apartments are located. Design of ground floor apartments delivers amenity and safety for residents.	There are no ground floor apartments in this development, the commercial and retail tenancies dominate this level.	Yes
4M - Facades	Facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale.	The façade treatment of the building is considered to be well resolved and the design of the building is modern, contemporary and very well considered. This proposal is considered to be a high-quality development that will establish a positive urban design response for the site and immediate precinct. Currently this section of the Princes Highway results in a variety of building typologies with no defined style or form. There are no buildings that exemplify any outstanding architectural merit or excellence. This development will establish a benchmark for future development as the materials, finishes and overall design will be visually attractive and substantially improve the streetscape character.	Yes
4N – roof design	Roof treatments are integrated into the building design and positively respond to the street. Opportunities to use roof space for residential accommodation and open space are maximised. Incorporates sustainability features.	Roof design is considered to be consistent and reflective of RFB and mixed use developments in the area and the LGA. The proposed development incorporates a flat roof and the form of the development steps down the site (from north to south) reflecting the natural topography of the land. Although the rooftop open space is located on Level 3 it is lower than the enclosed habitable spaces on this level. The area of communal open space softens the visual appearance of this level and creates a better transition to the lower level residential area to the south.	Yes
4O – Landscape Design	Landscape design is viable and sustainable, contributes to the streetscape and amenity	An updated landscape plan was prepared by Izthmus and dated February 2020. The landscape design across the development site is considered to be well designed and appropriate. Given that the current site is vacant and includes no planting or landscaping whatsoever the proposed development will be a large improvement in the visual appeal and appearance of the site.	Yes
4P- Planting on Structures	Planting on structures – appropriate soil profiles are provided, plant growth is optimised with appropriate selection and maintenance, contributes to the quality and amenity of communal and public open spaces	Given that the site is relatively small in area and it will be generally built out, there are only pockets across the site where planter boxes are proposed to soften and green spaces, break up the visual bulk and scale of the development. The use of planter boxes at the front off Princes Highway is an effective mechanism in screening the ground floor level entry and associated commercial/retail spaces. The landscape plan proposes the planting of 6 x Prickly Leafed Tea Trees (Melaleuca Stypheliordes) which achieve a mature height of 10-15m (refer to Figure 7 below). Given that these will be planted in planters they will not achieve these heights but even if they grow to 4-5m this will provide a green buffer and screen for the ground floor level which is considered appropriate. The upper ground floor level includes planter boxes along the edges of the terraces and raised balconies to units UG01 and UG02. There is some additional capacity to introduce a planter box along the western side of the fire stair on the ground floor adjacent to the loading bay. It will make this space a little more attractive. On the rooftop a series of planter boxes are proposed along the periphery of this level at the rear to provide greenery, reduce the potential for overlooking and create a green screen and buffer (refer to Figure 8 below). Plant varieties selected at this level are predominantly succulents and ground covers but there are some larger shrubs reaching heights of 2-3m that will provide some additional height. No actual street planting has been included or proposed. It is recommended by way of a condition that a minimum of 4 street trees be planted along the Gray Avenue frontage at the Applicants cost. The awning will need to be redesigned along this elevation to include cut-outs to facilitate the trees. Along the Princes Highway a further 4 trees shall be planted but this will be subject to RMS approval (to ensure that sightlines are not impacted). The implementation of street trees along these frontages will substantially improve the visual landscape character in this location. A condition will require RMS approval prior to the implementation of any street trees along this frontage.	Yes
Figure 7: Updated Landscape Plan showing planting proposed along the front of the site (courtesy Izthmus, Feb 2020) Figure 8: Updated Landscape Plan showing planting proposed on the rooftop level (courtesy Izthmus, Feb 2020)
4Q – Universal Design	Universal design – design of apartments allow for flexible housing, adaptable designs, accommodate a range of lifestyle needs	Satisfactory	Yes
4R – Adaptive reuse	Adaptive reuse as apartment of existing buildings- new additions are contemporary and complementary, provide residential amenity while not precluding future adaptive reuse.	This is not applicable to the proposed development as the development is not adaptively reusing an existing building or structure; it is a purpose-built mixed use development.	N/A
4U – Energy Efficiency.	Development incorporates passive environmental design, passive solar design to optimise heat storage in winter and reduce heat transfer in summer, natural ventilation minimises need for mechanical ventilation	A compliant BASIX Certificate accompanies the application. The development includes a rainwater tank to be installed on the roof to water plants and also includes solar cells.	Yes
4V – Water management and conservation	Water management and conservation – potable water use is minimised, stormwater is treated on site before being discharged, flood management systems are integrated into the site design	The stormwater/drainage design and arrangement includes an OSD tank towards the north eastern side of the site in the basement and a series of pumps in the basement to regulate stormwater. The arrangement transfers water from the high side of the site through to the existing stormwater system along Gray Street and Gray Lane. The proposed stormwater/drainage design has been referred to Council’s Engineering Services section who support the proposal subject to the imposition of standard conditions.	Yes
4W – Waste Management	Waste management – storage facilities are appropriately designed, domestic waste is minimised by convenient source separation and recycling	The waste management arrangement involves the provision of a garbage room at the lower ground floor with access internally from the main lobby and access from the loading bay. A separate room is provided for commercial waste which involves 8 bins and a separate room for residential waste which can accommodate a total of 12 x 240L bins. Bins can be collected off Gray Street or off the laneway. The application was referred to Council’s Waste Management Officer. The waste storage area adequately caters for the residential component but fails to provide space for the future retail use. Condition 31 and 32 have been imposed to ensure the ongoing waste arrangement is compliant and as per the plans.	Yes
4X – Building Maintenance	Building design provides protection form weathering Enables ease of maintenance, material selection reduces ongoing maintenance cost	The proposed external materials, colours and finishes are satisfactory and the use of raw concrete finish will require minimal maintenance.	Yes

69. The proposed development satisfies the objectives and controls of the ADG.

ENVIRONMENTAL PLANNING INSTRUMENTS

Kogarah Local Environmental Plan 2012

Zoning

70. The subject site is zoned Zone B1 Neighbourhood Centre zone under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012). Refer to the zoning map at Figure 9 below. The proposed development is a mixed use development defined as “shop top housing” which is a permissible land use in the zone.

71. The proposed development satisfies the objectives of the zone which are as follows:

· To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

· To allow residential development that contributes to the social vitality of the neighbourhood centre and does not detract from the business function of the zone.

Figure 9: Zoning map – the subject site is outlined in blue

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

Table 5: KLEP2012 Compliance Table

Clause	Standard	Proposed	Complies
2.2 Zone	B1 Neighbourhood Centre zone	The proposal is defined as shop top housing which is a permissible use within the zone.	Yes
2.3 Objectives	Objectives of the Zone	Consistent with zone objectives by providing a mixed-use development including a variety of permissible land uses.	Yes
4.3 – Height of Buildings	15m height limit as identified on Height of Buildings Map	The building exceeds the 15m height limit with the lift overrun and a small section of the roof to the BBQ/recreational room on the roof level exceeding the maximum height by between 300mm and 1.1m	No – see discussion below regarding Clause 4.6 Statement which has been submitted.
4.4 – Floor Space Ratio	2:1 as identified on Floor Space Ratio Map	The permitted FSR is 2:1. The proposal has a total FSR of 1.99:1. However, the small partially enclosed BBQ area on the roof adjoining the area of communal open space has not been included in the calculation. This is discussed in greater detail below however a condition has been recommended that this space to be opened up and the BBQ to remain and instead becomes an open area so that it does not constitute gross floor area (refer to Condition 20(a)).	No see further discussion below in GFA explanation.
4.5 – Calculation of floor space ratio and site area	FSR and site area calculated in accordance with Cl.4.5	The GFA calculations provided by the Applicant have been verified and generally all areas have been calculated in accordance with the GFA definition however the small partially enclosed BBQ/recreational room on the rooftop has been excluded from the calculation. This space was not included in the original design and application and has been introduced after the Design Review Panel encouraged a small recreational space to be included on the roof level. This space however has not been included in the GFA and in accordance with the definition in the KLEP forms floor space and should be included. In accordance with the GFA definition this area would be included and has a total GFA of approximately 12sqm. The proposed gross floor area excluding this space is 1,159sqm which amounts to an FSR of 1.99:1. Including the room would create a total GFA of 1,171sqm amounting to an FSR of 2.01:1 a minimal non-compliance. The space could be reduced to a maximum of 5sqm in area to comply but in essence there is no need for the space to be fully enclosed. A small open style pergola over the BBQ and the entry to the rooftop is acceptable to provide some cover however the enclosure of the space is to be removed via a condition to ensure compliance is achieved. Since some of the ceiling/roof of this room exceeded the overall height the removal of the element would create a more compliant built form. The two other areas within the building that have not been included in the GFA are the area dedicated for mechanical services on the lower ground floor plan and the void area which is not full head height or comprises of a storey so both those areas are excluded in the GFA calculation in accordance with the definition.	Yes, subject to a condition removing the rooftop BBQ/recreational room.
Clause 4.6 – Exception to development standards	The objective of this clause is to “provide an appropriate degree of flexibility in applying certain development standards to particular development” and “to achieve better outcomes for and from development by allowing flexibility in particular circumstances”.	A small part of the building exceeds the building height by between 300mm to 1.1m at the roof level which is a 2%-7% variation in the height. A Clause 4.6 Statement has been submitted with the application to justify the degree of variation. This is discussed in greater detail later in this report.	Clause 4.6 Statement submitted which is considered to be well founded in this case and the non-compliance is minor and relates to an ancillary structure.
5.10 – Heritage Conservation	The objectives of this clause are; (i) to conserve the environmental heritage of Kogarah, (ii) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.	The site is not a Heritage Item or within a Conservation area. The closest item is Item 99 which is 193-195 Princes Highway identified as a “house and garden”. It is recognised as a simple Federation style cottage and one of the original, traditional homes in the area. The site is within close proximity to the Kogarah South Heritage Conservation Area (identified as Conservation Area C3 on the KLEP heritage map_006). This area is significant because it contains a series of single storey Federation style cottages many homes are still intact and retain original and traditional architectural features and elements of the original lower scale residential character of this area. The proposed development is physically separated from the Conservation area and Item of significance and will not adversely affect the integrity or importance of the area and items.	Yes
6.1 Acid Sulphate Soils (ASS)	The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage	The site is not affected by any ASS.	N/A
6.2 Earthworks	To ensure that earthworks do not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land	The proposal includes the provision of two levels of basement car parking. This is a standard amount of excavation/earthworks for a development of this scale and nature. The proposed earthworks are not considered to be unreasonable.	Yes
6.3 Flood Planning	The objectives of this clause are as follows— (a) to minimise the flood risk to life and property associated with the use of land, (b) 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, (c) to avoid significant adverse impacts on flood behaviour and the environment.	The site is not classified as Flood Prone Land. It is however highlighted as land affected by Probable Maximum Flooding (PMF). The Hurstville LGA overland Flood Study defines PMF as “The PMF is the largest flood that could conceivably occur at a particular location usually estimated from probable maximum precipitation, where applicable, snow melt, coupled with the worst flood producing catchment conditions. Generally it is not physically or economically possible to provide complete protection against this event. The PMF defines the extent of flood prone land that is the floodplain. The extent, nature and potential consequences of flooding associated with a range of events rarer than the flood used for designing mitigation works and controlling development up to and including the PMF events should be addressed in a floodplain risk management study”. Although there is some chance of flooding triggered largely by overland flows it is predicted to be a very rare event and Council’s Development Engineers do not consider the site requiring specific flood planning.	Yes
6.5 Airspace Operations	The consent authority must not grant development consent to development that is a controlled activity within the meaning of Division 4 of Part 12 of the Airports Act 1996 of the Commonwealth unless the applicant has obtained approval for the controlled activity under regulations made for the purposes of that Division.	The height of the proposed development is slightly above the Obstacle Limitation Surface (OLS) level of 15.24m. The application was referred to Sydney Airports for their formal concurrence. To date no response has been received. If a response within 21 days has not been received then concurrence can be assumed.	N/A

Clause 4.6 Exceptions to development standards

Detailed assessment of variation to Clause 4.3 Height of Buildings

73. The proposed development seeks a variation to the development standard relating to height (Clause 4.3 of the KLEP). The LEP identifies a maximum height of 15m for the Site (refer to Figure 10 below). Building height is calculated in accordance with the definition in the KLEP which states;

building height (or height of building) means:

(a) in relation the height of a building in metres – the vertical distance from ground level (existing) to the highest point of the building, or

(b) in relation to the RL of a building – the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

74. Having regard to the above definition, the non-compliance to the height of buildings principal development standard relates to the lift overrun, shown on the architectural drawings to have a max RL of 30.75m AHD with a corresponding ground level of RL14.65. The variation also relates to a small section of the roof/ceiling of the recreational room which achieves an overall height of RL29.55 with a corresponding “existing” ground level at this point of RL14.25 (as shown in Figure 13).

75. On this basis, the proposed development will exceed the height by between 300mm to 1.1m which comprises of the lift overrun and the southern section of the roof of the recreational room located on the fourth floor. This is a 2%-7% variation to the control. Any variation to the height can only be considered under Clause 4.6 – Exceptions to Development Standards of the KLEP. The area and degree of non-compliance with the height is shown in Figure 11 and 12 below and in greater detail in Figure 13.

76. Clause 4.6(1) outlines the objectives of the standard which are to “provide an appropriate degree of flexibility in applying certain development standards to particular development” and “to achieve better outcomes for and from development by allowing flexibility in particular circumstances”.

Figure 10: Height of buildings – the site is outlined in blue

77. Clause 4.6(3) states that:

“Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

- that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

- that there are sufficient environmental planning grounds to justify contravening the development standard”

78. Figure 11 and 12 below show the extent of the non-compliance with the height control across both side elevations.

Figure 11: North east elevation facing Gray Avenue showing the 15m height limit (Courtesy: Loucas Architects, 2020)

Figure 12: South west elevation showing the 15m height limit along this side (courtesy Loucas Architects, 2020)

79. To support the non-compliance, the applicant has provided an updated request for a variation to Clause 4.3 prepared by ARPS and dated March 2020 in accordance with Clause 4.6 of KLEP 2012. The request has been prepared having regard to the latest authority on Clause 4.6, contained in the following guideline judgements:

· Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46

· Wehbe v Pittwater Council [2007] NSWLEC 827

· Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 (‘Four2Five No 1’)

· Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 (‘Four2Five No 2’)

· Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 (‘Four2Five No 3’)

80. The Applicants submission states “In summary, the principles arising from the above matters are:

(i) That the relevant objectives are those stated in the controls not unidentified underlying objectives at [57] in Four2Five No. 1;

(ii) That the environmental planning grounds must be particular to the circumstances of the proposed development and/or the site at [60] in Four2Five No. 1; and

(iii) The five methods of establishing that compliance is unreasonable or unnecessary identified by Preston J in Wehbe remain relevant.

81. However, in order to satisfy the unreasonable and unnecessary test in Clause 4.6(3)(a), you need something more than way 1 in Wehbe, 28 Princes Highway, Kogarah – Clause 4.6 Exception to Development Standards Request June 2019 because that test is now encompassed in Clause 4.6(4)(a)(ii) where consistency with the objectives of the standard is a mandatory precondition. In relation to (iii) above, Method 1 in Wehbe requires an applicant to demonstrate that the objectives of the relevant development standard will be achieved, despite the non-compliance with the numerical standard. However, as a result of Four2Five, it is now necessary to demonstrate something more than simply achieving the objective of the standard. In this regard, a proposed development that contravenes the development standard, but as a result, achieves the objective of the development standard to a greater degree than a development that complied with the standard, would suffice.”

82. The Clause 4.6 request for variation is assessed in detail below.

Is the planning control in question a development standard?

83. Height of Buildings limitation under Clause 4.3 of the KLEP 2012 is a development standard.

What are the underlying objectives of the development standard?

84. The objectives of Height of Buildings standard under Clause 4.3 of KLEP 2012 are:

(a) to establish the maximum height for buildings,

(b) to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

(c) to provide appropriate scale and intensity of development through height controls.

What is the context of the variation?

85. Applicant’s Comments: “No. 28 Princes Highway is located on the corner of the Princes Highway and Gray Street, to the southeast of the Kogarah Town Centre. The site is part of a small block of properties that front the Princes Highway, but gain vehicular access from Gray Lane at the rear. Nos. 34-36 Princes Highway has been redeveloped for a 3 storey mixed use development. However, Nos. 28, 30 and 32 each contain single storey dwellings that are/were used for commercial purposes. However, the area is undergoing a transition to higher scale development, having been ‘upzoned’ under Kogarah Local Environmental Plan 2012 - Amendment No. 2 (New City Plan) to allow for development up to 6 storeys. To the north on the opposite side of the Princes Highway are substantial 5/6 storey residential flat buildings, with one nearing completion. On the opposite side of Gray Street to the east is the former RTA building which is presently used as a community facility. To the rear, the zoning changes to low density residential and the built form is predominantly detached dwelling houses. This represents a relatively significant uplift in the development potential of these sites. As such, the built form and scale in this part of the highway and the surrounding streets is beginning to change from the previous low-density character, as properties are redeveloped commensurate with the current allowable building height and floor space ratio development standards. The proposed building will be of a form and scale that is compatible with the desired future character, presenting attractive facades to the Princes Highway, Gray Street and Gray Lane and making a positive contribution to the streetscape character and urban form and scale.”

Figure 13: Detailed visual perspective of the height variation (courtesy Loucas Architects, 2020)

86. Council’s comments: The height variation given the immediate context of the area is considered to be acceptable as it translates to a preferred and desirable urban design and planning outcome for this site. Immediately adjoining sites to the north and east have height limits of 21m. The small discrete variation to a centrally located ancillary structure does not undermine the intention of the control as the main roof structure and all habitable areas including the roof terrace and open space comply with the 15m height limit as is intended by the control.

87. The scale and form of the building considers the natural topography and steps down the site to the lower scaled residential development immediately to the south which are dictated by a 9m height limit. The 15m height limit for this pocket of development bounded by 28-36 Princes Highway is an appropriate transition between the lower scale residential development to the south and the intended higher scaled development to the north and east. The design of the building is well articulated and will have a positive contribution to the streetscape.

88. The proposed partially enclosed recreational room which houses the BBQ on the roof top level exceeds the height by some 300mm. As previously mentioned this area has not been included in the GFA calculations and when included exceeds the FSR and it is recommended that this structure be modified and opened up by the removal of the walls. It has been included as advised by the Design Review Panel however the additional floor space is unnecessary and the structure will add to the bulk and scale of the building so as per a condition (if approval is granted) it is advised the room be amended and include a small open light-weight pergola structure. This will make the floor space fully compliant and remove the non-compliance with the height control for this element which is considered to be a better planning outcome.

Compliance is unreasonable or unnecessary in the circumstances of the case (clause 4.6(3)(a))

89. Applicant’s comments: “As described earlier, the lift overrun exceeds the 15m maximum building height by a maximum of 1.1m, representing a variation of 7% above the development standard. In numerical terms this represents a relatively minor variation to the principal development standard. Notwithstanding, as demonstrated in the NSW LEC decisions in Micaul Holdings Pty Limited v Randwick City Council and Moskovich v Waverley Council there should be no artificial conservatism about the use of Clause 4.6 based on the numerical extent of the variation being sought, given that the purpose of Clause 4.6 is to allow flexibility and to achieve better outcomes for a site by allowing developments to exceed height and/or FSR where there are justifiable circumstances.

90. An important finding in Micaul Holdings Pty Limited was that while the judgement did not directly overturn the Four2Five v Ashfield decision, the Chief Judge indicated that one of the obligations of a consent authority is to be satisfied that the applicant’s written request has adequately addressed the matters in Clause 4.6(3), namely……………that compliance with the development standard is unreasonable and unnecessary in the circumstances of the case………….and that there are sufficient environmental planning grounds to justify contravening the development standard. In this particular instance, it is considered that compliance with the development standard is unreasonable and unnecessary and that there is sufficient environmental planning merit to justify the proposed non-compliance, as described below:

The objectives of the height of buildings principal development standard are:

(a) to establish the maximum height for buildings,

(b) to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas,

(c) to provide appropriate scale and intensity of development through height controls.

91. It is considered that the proposed development achieves the objectives of the standard for the following reasons:

· the proposed scale and massing of the building is consistent with the desired future character of the locality;

· the non-compliance relates to the lift overrun and does not seek to increase the number of storeys or density of the development. As such, there is no tangible nexus between the height variation and the overall land use intensity.

· the area of non-compliance will not result in any adverse impacts on the adjoining land uses with respect to overshadowing, loss of privacy, inappropriate scale etc.

92. In consideration of the above, Council’s attention is also drawn to the (former) Department of Planning and Environment’s publication “Varying development standards: A Guide” (August 2011), which outlines the matters that must be considered when varying a development standard. The Guide has essentially adopted the 5 point test for consideration set out by the Land & Environment Court in Wehbe v Pittwater Council (2001) NSW LEC 827, specifically that there are five different ways in which compliance with a development standard can be considered unreasonable or unnecessary, namely:

· the objectives of the standard are achieved notwithstanding non-compliance with the standard;

Comment: As discussed above, the proposal is considered to be consistent with the objectives of the building height standard, notwithstanding the numerical variation.

· the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

Comment: The objectives of the building height standard remain relevant and the proposal is consistent with, or at least is not antipathetic to the objectives of the building height standard, notwithstanding the numerical variation.

· the underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

Comment: The proposal is consistent with the objectives of the building height standard, notwithstanding the numerical variation, and it would not defeat the purpose of the standard.

· the development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

Comment: The building height standard has not been abandoned by Council through its actions in granting consent for other buildings in the vicinity that depart from the standard.

· the zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.”

93. Council’s comments: In respect to Prestons CJ judgement the NSW Land and Environment Court and in accordance with a recent decision (Initial Action Pty Ltd v Woollahra Council [2018] NSWLEC 118), the NSW Land and Environment Court has established a “five part test” for consent authorities to consider when assessing a DA proposing a clause 4.6 request for variation. The Applicant has justified above that the development satisfies the purpose and intention of the five part test. It is considered that the proposal satisfies the five part test for the following reasons;

a. As previously discussed the objectives of the height standard are considered to be satisfied despite the non-compliance as there is no overshadowing created by the lift overrun affecting the public domain or adjoining properties. There is no loss of privacy and it is fair to say that the visual impact of the structure has been minimised as it is a small ancillary structure that is centrally located. The scale and intensity of development, as proposed is consistent with the desired future character for new development in this precinct.

b. The underlying objective of the height standard remains relevant and therefore compliance is necessary and warranted. The majority of the building sits within the height limit with the lift overrun, an ancillary operational structure exceeding the control and a small section of the recreational room roof exceeding the height along the southern side. The opening up of this structure by way of a condition will eliminate the non-compliance. No habitable area extends above the 15m height limit.

c. In this case the underlying objective will not be defeated or thwarted by the approval of the building. As the building has been designed to generally comply with the height standard. The height control will not be abandoned or destroyed through this or any recent approvals for similar mixed use developments.

d. The Neighbourhood Centre zone is an appropriate zoning for the site and this parcel of land has been recently rezoned and up-scaled. The proposed scale of the development is consistent with the anticipated height for developments within this zone and precinct.

Clause 4.6(3)(b) are there sufficient environmental planning grounds to justify contravening the standard

94. Applicant’s comments: “Based on the discussion above, it is considered that there are sufficient environmental planning grounds to justify contravening the development standard. Key environmental planning grounds to support the variation include:

· Despite the lift overrun exceeding the height of buildings principal development standard, the remainder of the building sits within the 15m height limit. As such, the overall bulk and scale of the building is considered to be acceptable in terms of its scale and built form and the relationship of the building to the adjoining residential development;

· The additional height of the lift overrun does not constitute an additional storey and maintains a building of a scale and form that is appropriate for the location, providing visual interest and a varied building profile; and

· Despite the increased height of the lift overrun above the statutory height limit, the proposed development will not have an unreasonable impact on adjoining sites in terms of overshadowing, loss of privacy or views.”

95. Council’s comments: Based on the discussion above, it is considered that there are sufficient environmental planning grounds to justify contravening the development standard. Key environmental planning grounds to support the variation include:

· Despite the lift overrun exceeding the height of buildings principal development standard, the remainder of the building sits within the 21m height limit. As such, the overall bulk and scale of the building is considered to be acceptable in terms of its scale and built form and the relationship of the building to the street and adjoining development;

· Despite the minor breach to the building height standard, the lift overrun is located so that it will not be easily seen from the street frontage and the building will make a positive contribution to the streetscape character and visual amenity of the area.

Will the development be in the public interest despite the non-compliance?

96. Applicant’s comments: The Applicant discussed in detail how the variation maintains compliance with the objectives of the height standard (addressed above). The exceedance must also be assessed against the zone objectives to ensure it is in the public interest. The Neighbourhood zone objectives are outlined below and the Applicant’s justification in satisfying these.

97. Objective (a) of the Neighbourhood Centre zone seeks “To provide for a range of small-scale retail, business and community uses that serve the needs of the people who live or work in the surrounding neighbourhood”. The Applicant states that this objective is met because “The proposed development will provide additional commercial/retail floor space providing opportunities for new businesses that will serve the needs of the neighbourhood to establish.”

98. Objective (b) of the Neighbourhood Centre zone seeks “To allow residential development that contributes to the social vitality of the neighbourhood centre and does not detract from the business function of the zone”. The Applicant states that the objective is met because “The residential accommodation to be provided in the development will add to the housing choice and diversity in the locality, with easy access to the services and facilities, without detracting from the business function of the zone.”

99. Council’s comment: The proposed development will be in the public interest because it is consistent with the objectives of the height standard and the objectives for development within the zone. The development will not compromise the importance of the Kogarah Town Centre but will provide some additional commercial/retail floor space for the neighbourhood and will provide a variety of new housing stock in the form of 1 and 2 bedroom apartments.

Concurrence of the Director-General has been obtained

100. In accordance with clause 64 of the Environmental Planning and Assessment Regulation 2000, Council may assume the Secretary’s concurrence for exceptions to development standards for applications made under clause 4.6 of the LEP. This was further confirmed by directions provided within Planning Circular PS 18-003 issued on 21 February 2018.

Non-compliance does not hinder the attainment of the Objects of the Environmental Planning and Assessment Act 1979

101. The Wehbe decision identifies that in assessing a variation to a development standard, consideration must be given to Objects (a)(i) and (a)(ii) in Section 5 of the Environmental Planning and Assessment Act 1979. These are:

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii) the promotion and co-ordination of the orderly and economic use and development of land.

102. It is not considered that the proposed variation to the building height standard will contravene either of these Objects. The proper management of the existing urban environment in order to achieve better social and community outcomes, as well as the orderly and economic use and development of land, will be realised through the provision of a high quality mixed use development in a location with good access to public transport options and in proximity to shops, services and recreational facilities and educational establishments.

Whether contravention of the development standard raises any matter of significance for State or regional environmental planning (Clause 4.6(5)(a))

103. Contravention of the maximum height development standard proposed by this application does not raise any matter of significance for State or regional environmental planning.

Any other matters required to be taken into consideration by the Director-General before granting concurrence

104. Despite exceeding the statutory maximum building height, the proposed redevelopment of the site will facilitate the orderly and economic redevelopment of the site for the purposes of a mixed use development that will positively contribute to the achievement of the objectives of Kogarah Local Environmental Plan 2012.

Conclusion – Assessment of Clause 4.6 Request for Variation

105. Despite the non-compliance in terms of the height, the proposal is considered to be acceptable and satisfies the provisions of Clause 4.6. The encroachment of the lift overrun is considered minor and will not create any adverse environmental or amenity impacts. The small variation in the roof of the recreational room will be amended via a condition and this will no longer be an encroachment or non-compliance. The proposed development satisfies the objectives of the height control and the zone objectives and is therefore considered to be in the public interest.

106. It is considered that the Clause 4.6 Statement lodged with the application addresses all the information required pursuant to Clause 4.6 and the statement is considered to be well founded as there are sufficient environmental planning grounds to justify contravening the standard in this particular case.

Draft Georges River Local Environmental Plan 2020

107. Consideration is given to the provisions of Draft Georges River Local Environmental Plan 2020 in the assessment this application.

In this regard, the provisions have no determining weight as a result of proposed operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.”

DEVELOPMENT CONTROL PLANS

Kogarah Development Control Plan 2013 (KDCP)

108. The proposal needs to address and satisfy the provisions of Part B – General Controls and Part D1 – Development in the B1 Neighbourhood Centres and B2 Local Centre zones as part of the KDCP. These provisions are addressed in more detail below.

Table 6: Compliance with KDCP provisions

Part B General Controls
Control	Standard	Proposed		Complies
B1 Heritage Items and Heritage Conservation Areas	Ensure development protects and enhances the environmental and cultural heritage of Kogarah	In respect to the heritage provisions (Part B1) of the KDCP, the site is located within the vicinity of Heritage Item – 193-195 Princes Highway which is listed as item (I99). This item is an old original Federation style cottage. The site is also within proximity to the South Kogarah Conservation Area which is bounded by Bowns Street and Ocean Street to the north west of the site. This area comprises of a series of original Federation style homes exemplifying the original development and residential expansion of Kogarah. The site is not within the visual catchment of these areas and will not affect the integrity and significance of the item and the conservation area.		Yes
B2 – Tree Preservation and Green Web	Development approval is required to ringbark, remove, cut down or destroy any tree that has a height greater than 3.5m or branch spread exceeding 3m in diameter. This locality is within the habitat reinforcement corridor area of the Green Web. In this regard, the provisions of Part B2 Section 2 apply.	There are no trees existing on site so the proposed landscaping will improve the visual qualities of the site and includes some greenery and landscaping to soften and break up the bulk of the building. The site is not located within a Green Web habitat.		Yes
B3 – Developments near busy roads and rail corridors	Acoustic assessments for noise sensitive developments as defined in clause 102 of the Infrastructure SEPP may be required if located in the vicinity of busy, arterial roads.	This part of the KDCP is relevant as the density of the proposal is being increased and it will generate an increase in parking. The planning control in respect to this section of the DCP states that “Acoustic assessments for noise sensitive developments as defined in clauses 87 and 102 of the Infrastructure SEPP may be required if located in the vicinity of a rail corridor or busy roads”. The issue of noise and potential acoustic impacts have been discussed earlier in this report and would comply if the proposal implements the recommendations of the Acoustic assessment report submitted with the application. Condition 44 has been imposed in this regard. The design of the development has considered the main noise source being the highway and has directed most living spaces away from this side and placed secondary spaces fronting the Princes Highway.		Yes
B4 – Parking and Traffic	1 bedroom unit = 1 space/unit 2 bedroom unit = 1.5 spaces/unit 1 visitor space/5 units or part thereof, and 1 designated car wash bay which may also be a visitor space. 1 space per 25sqm of retail floor space 1 space per 40sqm of gross floor area for commercial uses 1 Loading Bay per retail space that has a floor area of between 15sqm-500sqm A minimum of 1% of the total number of car parking spaces within the development are to be designated “accessible” spaces for people with mobility impairments. Bicycle parking 1 space per 3 dwellings plus 1 space per 10 for visitors Internal car park layouts, space dimensions, ramp grades, access driveways, internal circulation aisles and service vehicle areas shall be designed in accordance with the requirements set out in AS 2890.1 (2004) and AS 2890.2 (2002) for off street parking and commercial vehicles.	Required Residential 3 x 1bedroom units = 3 spaces 9 x 2bedroom units = 13.5 spaces 12/5 visitor spaces = (2.4) 3 spaces Total = 20 spaces required (17 resident and 3 visitor) Provided = 19 spaces for the residential component One (1) designated car wash bay is provided which doubles as a visitor space Retail 41sqm/25sqm = 1.64 spaces required 2 retail spaces provided Commercial 130sqm/40 = 3.25 spaces (not required to be rounded up) 3 spaces provided for the commercial component. One (1) Loading Bay has been provided for a SRV (small rigid vehicle) Less than 1 accessible space is required however four (4) accessible spaces are provided. 12/3 bicycle spaces = 4 spaces for residents and 1 bicycle space for visitors. A total of 10 bicycle spaces are provided 1 motorcycle space is required. There is no space dedicated for a motorbike. Condition 22 has been imposed to ensure a dedicated motorbike parking space is catered for. Ten (10) bicycle spaces are provided. The parking layout and arrangement satisfies Council’s requirements and Australian Standards. The application was also referred to RMS and they are satisfied with the traffic generated by the development and access into and out of the site subject to the imposition of conditions requiring the ramp to be designed to enable a B99 vehicle to access.		No The proposal generally complies with KDCP car parking requirements apart from the lack of one (1) visitor space being provided. A total of 2.4 spaces are required which are rounded up to 3. Only 2 visitor spaces are provided. The loss of one visitor space is not considered detrimental to the scheme nor will it severely impact on street parking. There is ample parking on the adjoining streets. The non- compliance with Council’s DCP is considered to be minor as the proposal complies with parking as part of the ADG/SEPP 65 requirements.
B5 – Waste Management	Submit a Waste Management Plan (WMP).	The application was accompanied by a WMP which was assessed by Council’s Coordinator of Environmental Sustainability. No objection was raised in respect to the design of the garbage and waste disposal area and arrangement subject to standard conditions. It is intended the garbage bins will be collected form the Gray Avenue or Gray Lane frontage.		Yes
B6 – Water Management	Detention storage is to be provided that is equal to or greater than the specified Site Storage Requirements (SSR). Rainwater tank installed to meet BASIX water conservation requirements will be given credit for SSR purpose. Drainage easements servicing stormwater pipes and/or overland runoff from catchments upstream of the development site are to be managed according with Council’s guidelines. Discharge of stormwater runoff from a development site is to be undertaken in accordance with the design practice note, Site Drainage and Flood Management regarding direct discharge to kerb, discharge to a Council owned stormwater conduit, discharge to natural areas, discharge through private property and discharge within the development site.	The subject site is not located within flood prone land however is affected by some overland flow. This issue was addressed earlier in the report. A rainwater tank is included and will be installed on the roof level. The application was referred to Council’s Stormwater Engineers who assessed the proposed stormwater and drainage arrangement and are generally satisfied with the layout as the development intends on draining to the rear (south) and east of the site along Gray Avenue. Standard conditions in relation to stormwater and drainage are included if approval is granted.		Yes No – but will be satisfied by way of a condition Satisfactory subject to the imposition of conditions.
B7 – Environmental Management	Orient the building, as far as possible, so that the longest side is on the east-west axis. The main facades of a building should be orientated towards the north, preferably within a range of 30 degrees east and 20 degrees west of true north. Maximise the number of windows on the northern face of the building. The use of dark coloured roofing is discouraged unless solar cells are integrated into the roof. Minimise glazing on the southern and western sides of the building.	The application is accompanied by a BASIX certificate which confirms compliance with the minimum requirements of the SEPP (thermal comfort and water usage). The northern façade faces Princes Highway so although this is a perfect orientation for solar access, it will be noisy so most living spaces have been orientated to the north east or east where it is quieter and the orientation will still permit good solar access. Window openings along the northern side are sensitively treated and considered given the busy nature of the roadway. The proposed flat roof includes a roof terrace and the proposed finishes and colours are modern and contemporary and reflect a variety of colours and textures. Solar cells are included within the roof top. Glazing is minimised along the western side as the building wall is at a nil setback along this side. There is minimal glazing along the southern side and only includes standard windows.		Yes
Part D1 – Development in B1 and B2 zones
Design Controls
Streetscape	Facades are to be ordered and articulated to visually break up the building massing, for example through materials, colour and the design Enhance pedestrian amenity through the provision of continuous awnings for weather protection. Site and design vehicular access (driveways, parking facilities, service access and garages) away from the main street frontage, from rear lanes or secondary streets.		Well-articulated built form with good modulation, interest and variety in all elevations through the use of high quality and attractive finishes. Awnings included along both street frontages at ground floor level. Vehicular access to the site is off the rear laneway.			Yes Yes Yes
Shop top Housing	The ground floor level of buildings shall maintain active retail/commercial uses facing the street. Levels above ground can sustain mixed uses, including commercial, professional services, and residential, where appropriate. Site and design non-residential and residential land uses in the same development in a manner that will not adversely affect the future operation of those land uses. Residential uses are only be permitted subject to demonstration of satisfactory amenity for building occupants, particularly in relation to impacts from noise, fumes and vibration on heavily trafficked streets.		Retail/commercial uses on the ground floor level. Upper levels comprise of residential development. N/A in this case High internal amenity is achieved through the design, size and orientation of apartments and their spaces.			Yes Yes N/A Yes
Height and building envelope	Building heights are to be in accordance with the Locality Controls. Buildings are massed towards the street frontage and step down towards the rear, to be in keeping with the existing retail/commercial built form pattern and compatible with the scale and character of adjacent residential areas. Where allotment adjoins a low density residential area, buildings should be: (i) reduced in height in accordance with the locality controls; and (ii) setback from the adjoining property boundary The height of new development at the street boundary is to be no more than the prevailing height of the parapets of any adjacent and neighbouring heritage buildings. Floor to ceiling heights should be a minimum of 3m at ground floor level, to allow for a range of uses including retail, commercial offices and home offices. Floor to ceiling should be a minimum of 2.7m at the upper storeys of the building, to allow for a range of uses, and to improve the environmental performance and amenity of the building.		Height of the building satisfies the statutory height limit of 15m. There is a minor encroachment on the height limit by the lift overrun and structures which has been explained and justified earlier in this report. The built form has been designed to step down towards the rear (south) where the lower scaled residential properties are located. The height of the development exceeds the parapet height of adjoining development, these sites are undeveloped. Retail/commercial component has a minimum floor to ceiling height of 3.3m. Floor to ceiling heights of the residential component is a minimum of 2.7m			No but satisfies the statutory height limit in the KLEP which overrides these provisions Yes Yes Yes Yes
Setbacks	Street setbacks at ground level are permitted only: (i) Where the existing footpath is narrow and the provision of additional pedestrian space is desirable (ii) Where the established pattern is setback (for example where there are residential buildings within the locality) (iii) Where the setback enables or enhances visual appreciations of adjacent heritage items. Side setbacks are generally not permitted in order to maintain the continuity of active frontages, unless specified in the locality controls. Where the locality abuts a residential zone and/or a residential allotment, the side setbacks are generally to be a minimum 3m, except where the locality character is established by the existing footprints and the allotment capacity of the locality would be unreasonably constrained. Setbacks on corner blocks are to enable sufficient sightlines for traffic in accordance with the relevant Australian Standard. Upper level street setbacks are required to any residential component above retail/ commercial uses together with building design and apartment layout that satisfactorily mitigates the impacts of noise, fumes and vibration on major roads.		The building is setback 4m from Princes Highway to recess the commercial/retail area and create a space in front which will assist in activating the frontage. The locality precinct controls for this site take precedence and these are discussed in more detail later in this table. In this case the building has a nil side setback in accordance with the intentions of the DCP. The building is a mixed use development with a nil side setback to the west. The siting of the building generally complies with the physical separation distances required for mixed uses. At the rear the building is setback a minimum of 3m from the rear boundary however a total of 6m setback is provided where the site adjoins the dwelling house at the rear. This complies with the minimum 3m requirement. The front of the building is setback 4m from the front boundary which will open up sight lines. In addition, two splays are provided along the north eastern and south eastern boundary which assists with sight distances and sight lines for vehicles and pedestrians considered adequate and compliant.			Yes Yes Yes Yes
Active Frontages	For cafe/dining uses, provide openable window areas in association with seating overlooking the street, to create the effect of outdoor dining. For commercial uses, avoid blank walls, dark or obscure glass to the street frontage. Incorporate continuous, independent and barrier free access to ground floor commercial entries, including effective signage, sufficient illumination, tactile ground surface indicators and pathways with limited cross-falls, sufficient width, comfortable seating and slip-resistant floor surfaces. Recessed shop frontages are not permitted except in the cases of heritage buildings where the recess is sympathetic to the building character.		The commercial/retail tenancies have been designed to address both street frontages by the use and implementation of full height glass windows. The ground floor level has been setback and recessed 4m from the street frontage along Princes Highway to enable street dining in the future. The design encourages the activation of both street frontages in accordance with the intention and objective of this control. The Locality Control supersedes this control and requires the ground floor to be setback a minimum of 4.5m. The building generally complies with this control as discussed in more detail below.			Yes
Awnings	Provide under awning lighting to improve public safety. Wrap awnings around the corners of the main commercial street onto side streets. Design awnings in the high range 3.6m – 4m and no higher or lower than adjoining awnings. Provide awnings flat or near-flat in shape (not tilted upwards away from the facade), and opaque in finish.		Awnings are included and incorporated along both street frontages and the awning along Princes Highway to Commercial Tenancy 1 wraps around the eastern corner of the site and steps down to the awning servicing Commercial Tenancy 2. The awning heights are a minimum of 3.6m from the floor level. Conditions will be included to ensure the detailed design of the awnings are consistent with Council’s specifications.
Balconies	Each apartment is to have at least one primary balcony. Primary balconies are to have a minimum depth of 2.5m and a minimum size of 10sqm. Design balconies that are recessed into the wall or enclosed with walls, columns or roofs to provide sufficient enclosure and visual firmness. Design balustrades that allow for views into, and along the street. Locate balconies adjacent to main living areas to expand the living space of units, where possible.		Every apartment has one main balcony Balconies have a minimum width of 2m and a minimum area of 11sqm in accordance with ADG provisions for balcony design. Balconies have been well designed and improve the articulation of the building and the facades. Most balconies have glass balustrades to create lighter and softer features and elements. Balconies are adjacent to main living spaces.			Yes
Materials and finishes	Utilise high quality and durable materials and finishes. Combine different materials and finishes to assist building articulation and modulation. Where the locality includes a significant facade or streetscape, materials and finishes are to complement the existing streetscape. Avoid large unarticulated expanses of any single material to facades.		The materials and finishes proposed are high quality contemporary finishes with a variety of durable materials proposed from face brickwork to exposed concrete walls and details such as louvred privacy screens which add visual interest and break up the bulk and scale of the building.			Yes
Mobility	New development and refurbishments are to comply with the requirements of the Building Code of Australia (BCA) and the Australian Standards. All buildings with a residential component that have access to more than two storeys are required to have lift access.		The development includes all the provisions to enable equitable access throughout the building including accessible car parking spaces, lift access to all levels as well as providing for two (2) adaptable apartments. The Access Report which accompanies the application confirmed general compliance with the BCA in accordance with accessibility within the development.			Yes
Public Art	Development on sites over 1000sqm should, where possible include the provision of high-quality artwork within development in a publicly accessible location.		N/A as the site has an area of 582sqm (below the 1,000sqm).			N/A
Signage	Comply with the requirements of Part F1- Advertising and Signage.		No signage is proposed as part of this application.			N/A
Parking and access	Car parking for the commercial /retail component of a development is to be provided in accordance with the requirements in Part B4. Internal car park layouts, space dimensions, ramp grades, access driveways, internal circulation aisles and service vehicle areas shall be designed in accordance with the requirements set out in the relevant Australian Standards.		Addressed earlier in this report and now compliant. Design of the car parking and access arrangement is compliant with AS2890.			Yes Yes
Dwelling Mix	Dwellings within the residential component of a mixed development must have the minimum internal floor areas (IFA): • Studios - minimum IFA of 40sqm • 1 bedroom unit - minimum IFA of 60sqm • 2 bedroom unit - minimum IFA of 85sqm • 3 bedroom unit - minimum IFA of 100sqm In all instances the first bedroom is to maintain an internal floor area of 15sqm and the second bedroom is to maintain a minimum internal floor area of 12sqm.		The development is small scale and the mix of apartments is considered to be satisfactory. The size of apartments and associated bedrooms are compliant with the ADG provisions and requirements for apartment sizes.			No but compliant with ADG provisions which override the KDCP provisions.
Visual Privacy	Design building separation for parallel ranges of buildings to at least the following standards for the residential component: · 12m between habitable rooms/the edge of their balconies · 9m between habitable rooms/the edge of their balconies and non-habitable rooms · 6m between non-habitable rooms Offset facade openings from existing openings in adjacent development to minimise direct overlooking of rooms and private open spaces. For street wall buildings, design zero side setbacks to result in zero building separation, providing dual aspect commercial or residential uses with openings to the front (street) and the rear. For ground floor retail/commercial uses, provide appropriate rear and side setbacks to adjacent residential uses, and design building layout to avoid overlooking of private spaces. Utilise design elements to increase levels of privacy such as landscaping, screening, offset windows, recessed balconies, louvres, planter boxes, pergolas or shading devices.		The ADG provisions for physical separation distances prevail over the KDCP provisions and minimum standards. The development is mixed use so some flexibility must also be considered in the design. The building has been sensitively designed so that main living spaces are located to the north, north east and east, away from the immediately adjoining residential properties located to the south. Secondary habitable spaces in the form of bedrooms and ancillary amenities (ie bathrooms) have been orientated to the north and south. Privacy screens have been included along some windows to reduce the impact of overlooking. The proposed 6m setback at the rear is considered satisfactory as there is a large amount of significant landscape screening currently at the rear of the adjoining property.			No but generally compliant with the ADG provisions and with the Locality Controls for setbacks in this precinct.
Open space and landscaping	Retain existing, and incorporate new indigenous trees, shrubs and ground cover where appropriate. Maximise deep soil zones to provide for substantial landscaping and mature trees. Submit a landscape plan prepared by a qualified landscape architect. Where development is proposed adjacent to low density residential development, an appropriate landscape buffer is to be planted to provide separation and screening between the proposed development and the existing low-density development (Refer to Locality Controls). These areas should be deep soil areas so as to allow for the planting of large/medium trees.		The site is currently vacant and fully concreted. There is no landscaping existing. Given the small scale nature of the development and small size of the site there is no potential to provide any areas for deep soil planting especially as the development is a mixed use development with three (3) street frontages. The building has been designed to include planter boxes around the periphery of the development and at the front to soften the street edge as well as on upper levels and at the roof top where there is a landscaped area of communal open space. The proposed landscape treatment adopted for the development is considered appropriate and will improve the visual appearance of the building and its surrounds.			Yes
Adaptable and Accessible Housing	The minimum number of adaptable units designed in accordance with AS4299 - 1995 Adaptable Housing must be incorporated into the above developments: (i) 3-10 units – 1 adaptable unit (ii) 11-20 units – 2 adaptable units		A minimum of two (2) adaptable units are provided (units UG.01 and UG.02) which satisfies this requirement.			Yes
D2 Commercial Locality Guides
No.17 Kogarah – The subject site forms part of this small locality precinct which is bounded by 28 – 36 Princes Highway, Kogarah. An aerial photo of the locality is shown below. Figure 14: Aerial photo and boundary of the “Kogarah Locality Precinct” as shown in the KDCP.
Height	The maximum number of levels = 3. The maximum overall building height (to the uppermost habitable part of the building) = 10.2m. The total overall building height (including roofs and any projections such as plant, lift overruns, blades or the like) shall not exceed 2m above the habitable part of the building. No development is permitted in the roof void, unless in the form of an attic as outlined above.		The proposal has been designed to comply with the height limit permitted by the KLEP being 15m. The site was up-zoned and the DCP controls have not been updated to reflect the current height and FSR controls.		No but the proposal complies with the KLEP statutory controls which override the KDCP provisions.
Land Uses	The preferred land uses in this locality are as follows:		Complies with the preferred land uses.		Yes
Amalgamation			The KDCP encourages the amalgamation of the sites 38, 30 and 32 Princes Highway. The Applicant made attempts to purchase the immediately adjoining property 30 Princes Highway, however the owners did not agree to the offer/s made. This issue and site isolation is discussed in greater detail below.		No but considered acceptable.
Setbacks	The front setback to the Princes Highway being as follows: The rear setback to Gray Lane should be as follows: The setback to Gray Avenue: Setback to 34 Princes Highway:		Front setback: 4m at the ground floor and 4m-6m at the upper levels along Princes Highway. The 4m setback is considered satisfactory whilst recessing the building further back (4.5m) will create an adverse visual impact on the streetscape and relationship to adjoining developments. This is a prominent corner and a lesser setback to Princes Highway is considered to be acceptable as the development highlights and defines the building and its prominence. The intention of the DCP in relation to the upper level setbacks is to create a stepped form so that the bulk and scale of the building is recessed when viewed from the highway. These setbacks have been derived based on an overall height of 3 storeys. Given the height of the building in this precinct have been increased to 15m (allowing for 4 storeys) these setbacks are no longer relevant as a design solution given the building envelope has been modified by updated controls in relation to height and floor space. The proposed upper level setbacks 4m-6m are considered to be acceptable and will have a comfortable fit with adjoining developments. The proposed setback to the rear lane is 1m to over 6m. The ground floor structure generally complies and will provide good physical separation between buildings and properties. Most of the building is setback 3m to over 6m (Loading Bay area) with the fire stair encroaching on the setback. This encroachment is minor and only affects the ground floor level. The upper levels of the building are setback a minimum of 3m with a combined setback of 6m to the rear boundary of the southernmost neighbour 73 Gray Street as it takes in the width of the rear laneway. The 6m combined physical separation distance is considered acceptable and there will be no overlooking created as 73 Gray Street includes a substantial amount of landscaping along the northern boundary creating a tall green screen. There is a small encroachment on the 3m rear setback by a small section of the terrace to Units 1.03 and 2.03. A condition will require a small privacy screen to be installed to reduce any potential for future overlooking to occur (refer to Condition 20(b)) The proposal generally complies with the DCP setback requirements to Gray Avenue. On the ground floor the commercial/retail tenancies are located on the boundary with a nil setback and on the upper levels the units are setback 3m up to 6m for Units UG.01 and UG.02. The balconies along the eastern side encroach on the 3m setback by some 800mm. This is not considered detrimental to the intention of the setback control and the encroachment will provide some good articulation to the building and create an interesting and modulated built form. There will be no adverse amenity or environmental impacts created by this encroachment. The building has a nil western side setback to 30 Princes Highway which is the intention for new development within this precinct.		No but acceptable Partial non-compliance but design is considered to be acceptable, non-compliance is minor and no adverse amenity or environmental impacts are generated by the proposed built form. Generally compliant Yes
Density	Density should fit within the required building setbacks.		Satisfies the GFA and FSR calculations stipulated within the KLEP subject to the opening up of the recreational room on the rooftop.		Yes
Pedestrian Entry	Pedestrian entry is preferred from Gray Lane.		The main pedestrian entry is from the Princes Highway with the retail tenancy along Gray Street having its access from this street. Secondary access to the development is provided off the lane. The laneway is not conducive for the main entry to be provided along this side.		No but design solution is considered to be acceptable and a better design outcome than the DCP.
Vehicular Access	Vehicular Access should be obtained from Gray Lane.		Vehicular driveway access and the loading bay all provided off the lane.		Yes
Car parking	Off street parking is to be provided for any new development either underground or at the rear of the properties. Where a basement is provided as part of a development, no part of the basement is to be elevated above ground level fronting Princes Highway. Where a basement is provided this is not to protrude more than 1m above natural ground level.		Two levels of basement car parking provided which are compliant and satisfy the DCP preferred car parking design. No part of the basement is elevated or includes a podium level.		Yes
Awnings	Development is to provide a suspended awning across the full frontage of the development and for No. 294 Princes Highway, within 20m of the intersection.		An awning is provided along the Princes Highway frontage and wraps around the corner along Gray Street. An awning is also proposed above the Gray Street commercial tenancy. A condition is imposed to ensure that the design, size, style and form of the awnings are consistent with Council’s specifications for awning design.		Yes
Balconies	Balconies along the rear elevation are to be designed to prevent down viewing onto the adjoining residential properties.		The development avoids orientating balconies towards the south or rear laneway and instead has bedrooms and ancillary services and amenities facing this secondary, service road. These spaces and rooms have windows that face south but include external louvred privacy screens along part of the windows to reduce the potential for overlooking. The only balcony that has part of its orientation to the south is the corner balcony to Units 1.03 and 2.03. A condition will require a privacy screen to be fixed along the southern side to reduce the potential for overlooking.		Yes

Amalgamation and site isolation

109. Part D2, Section 17 relates to the redevelopment of the small neighbourhood centre commercial zone precinct bounded by 28-36 Princes Highway at Kogarah. This precinct is known as “Kogarah”. Section 17.3.3 of the KDCP encourages the amalgamation of 28, 30 and 32 Princes Highway as 34-36 Princes Highway have been already been the subject of a redevelopment to create a three storey mixed use building designed generally in accordance with the provisions of the KDCP for this commercial locality (the redevelopment occurred prior to the recent up-zoning of the area).

110. Since the adjoining site has been amalgamated this leaves 28, 30 and 32 underdeveloped and the intention of the KDCP is to create a larger, integrated development across these three remaining sites. The purpose of the amalgamation plan has merit as it seeks to avoid isolating any of these sites however the KDCP provides no design guidance if this cannot be achieved. Additionally, there is no minimum site frontage requirement for a mixed use development. At Kogarah a minimum site frontage for an RFB is 20m and for a multi-unit development it is 15m but no minimum for a mixed use, shop top housing development.

111. Council discussed this issue with the Applicant and stated that amalgamation is the preferred redevelopment option for these remaining sites. The Applicant provided Council with an independent market valuation for 30 and 32 Princes Highway and an offer was made to the current owner. 30 and 32 Princes Highway comprise of a detached dwelling at 30 and No.32 is a vacant site. Combined they operate as a Veterinary Clinic. The current owner of the sites was not prepared to sell.

112. The KDCP in Part C2 (Medium Density Housing provisions) stipulates the need to amalgamate sites and avoid site isolation of adjoining properties which are zoned to permit medium density housing. Whilst this section of the DCP relates specifically to RFB’s and multi-unit housing types the principle of the control is considered to be relevant to any site where a development may isolate or not allow an adjoining site to achieve its full development potential. So in this case, Section 1, Part C2 of the DCP states that where a property could be isolated Council needs to be satisfied that the Applicant provided a reasonable offer to the adjoining property owner and negotiations were fair and serious attempts to purchase the property were made. Evidence of negotiations and potential offers should be furnished to Council.

113. It can be said that the Applicant fulfilled the obligations of the DCP in making reasonable attempts to purchase 30 and 32 Princes Highway. Since the neighbour was not prepared to accept the offer the Applicant has also provided Council with a generic, schematic design for a mixed-use development or RFB that could be developed at the site (refer to Figure 15). This site will not be isolated as it will be able to be redeveloped for a number of uses, RFB’s would require a minimum frontage width of 20m which this site does not achieve (it has a combined frontage width of over 15m) but it could be redeveloped as a small scale shop top housing development where there is no minimum frontage width, multi-unit housing development (which has a minimum frontage width of 15m which would be compliant), dual occupancy development, boarding house, child care centre, or full commercial building to name a few permissible uses which could occupy the site. As a result the proposed development is not technically isolating the site for future development and the attempts made to amalgamate the sites by the Applicant to fulfil the planning control in the DCP is considered to be reasonable and acceptable in this case.

Figure 15: Schematic basement plan and floor plan of a potential redevelopment design for the adjoining property, 30 and 32 Princes Highway.

Interim Policy – Georges River Development Control Plan 2020

114. Council at its Environment and Planning Committee Meeting dated 24 June 2019 resolved to adopt the Georges River Interim Policy Development Control Plan which became effective on 22 July 2019.

115. The Interim Policy is a public policy that is to be used as a guide to set a consistent approach for the assessment of residential development within the LGA. It is a supplementary document, meaning that current Development Control Plan controls will prevail if they are considered best practice. The Interim Policy has no statutory recognition in the assessment of DAs pursuant to the Environmental Planning and Assessment Act 1979 (EP&A Act).

116. Whilst the Policy focuses on streamlining controls relating to Dual occupancy, Multi-Dwelling and Residential Flat Building development, the proposed development whilst not fitting into any of these categories will be considered against the provisions for RFB development. This is simply to be used as a guide. The assessment against these provisions is set out in the following table.

Table 7: Compliance with the Interim Policy Compliance Table

Interim Policy – Georges River Development Control Plan 2020
Standard	Proposed	Complies
Site Frontage
Kogarah - 20m min frontage width for an RFB development	18.24m	No – there is no minimum frontage width for mixed use/shop top housing developments within the Kogarah DCP or KLEP.
Building Height
The relevant LEP controls relating to building height will prevail over Development Control Plan controls that relate to height in storeys	The proposal has been assessed against the Kogarah Local Environmental Plan 2012 height standard. The proposal does not currently comply.	No – See Kogarah Local Environmental Plan 2012 Compliance Table and the assessment against Clause 4.6 of the LEP.
Private Open Space
The ADG requirements prevail over the Development Control Plan controls for private open space	The proposal is fully compliant with the ADG’s private open space requirements. Refer to “4E – Private Open Space and Balconies” within the ADG Compliance Table above.	Yes
Communal Open Space
The ADG requirements prevail over the Development Control Plan controls for COS under the Interim Policy	Yes	Yes
Parking
In accordance with 'A Plan for Growing Sydney' (Department of Planning and Environment): · If located in a strategic centre (i.e. Kogarah CBD and Hurstville CBD) and within 800m of a Railway, the “Metropolitan Regional Centre (CBD)” rates apply. · If located within 800m of a railway and outside the strategic centres the “Metropolitan Subregional Centre” rates apply. · If located outside of 800m of a Railway, the relevant Development Control Plan applies.	The site is located within 800m of the Kogarah railway station and is located within 400m of a commercial zone. The proposed car parking complies with the provisions of the ADG. The proposal has also been assessed against the Kogarah Development Control Plan criterion and is fully compliant. Refer to the Kogarah Development Control Plan compliance table above.	Yes
Solar Access
The ADG requirements prevail over the Development Control Plan controls for solar access under the Development Control Plan	The proposal complies with the ADG solar access provisions.	Yes

117. The proposal, although not an RFB generally complies with the purpose and intentions of the Interim Policy.

DEVELOPER CONTRIBUTIONS

118. The proposed development Monetary contributions are required under Section 7.11 of the Environmental Planning and Assessment Act 1979, with respect to the proposed development. These contributions have been calculated appropriately and a suitable condition of consent has been included in the recommendation in this respect:

Figure 16: Calculation of Section 7.11 charges

IMPACTS

Natural Environment

119. The proposed development is unlikely to result in adverse impacts on the natural environment as the proposal does not seek the removal of any existing trees or vegetation. The proposed development will improve the visual qualities of the streetscape and landscaping setting as it will introduce more planting and greenery across the site.

Built Environment

120. The proposed development is considered to be a well designed, high quality architectural and urban design outcome for this site. The proposed built form and its scale and bulk are considered to be commensurate with the anticipated and desired planning and design outcome for this Site within this small neighbourhood centre. It will establish a positive planning outcome and will improve the visual appearance of the site and streetscape.

Social Impact

121. No adverse social impacts have been identified as part of the assessment. The additional dwellings, in principle, will cater for a cross-section of the community and will assist with providing for more housing in the area.

Economic Impact

122. The proposed development will have no adverse economic impact. There will be a positive economic impact as a result of the construction of the development and its success could encourage further investment in redevelopment projects in the locality.

Suitability of the site

123. The site is zoned B1 – Neighbourhood Centre. The proposal is a permissible form of development in this zone being shop top housing. The additional density, commercial/retail floor space, scale and the form that is proposed is considered to be acceptable given the site considerations, context and nature of adjoining developments.

SUBMISSIONS AND THE PUBLIC INTEREST

124. The application was neighbour notified in accordance with Kogarah DCP 2013 for a period of 14 days. No submissions were received.

REFERRALS

Council Referrals

Development Engineer

125. The application was referred to Council’s Engineers for comments. No objection was raised in respect to the design of the proposed stormwater/drainage proposal subject to the imposition of standard conditions. Although the site is not flood prone it has been characterised as affected by the probable maximum flood (PMF) as discussed earlier in this report a large proportion of properties are designated as PMF and it essentially highlights a large catchment of properties that are potentially affected by the worst case flooding events known as the PMF. These properties are located in the floodplain but only affected by the very unusal and severe event/s which are rare. They are therefore not classified as flood prone and require any floodplain management plans or overland flood studies to consider the impacts on this land. The Development Engineer has not required any additional mechanisms to address this issue.

Traffic Engineer

126. The application was referred to Council’s Traffic Engineer for comment. A series of issues were raised by the Traffic Engineer initially mainly to do with the manoeuvrability of an Small Rigid Vehicle (SRV) within the Loading Bay. The original design of the Loading Bay restricted access for an SRV and leaving the site in a forward direction was difficult and awkward. Swept path diagrams showed that a number of turns were required which was considered to be dangerous and not the preferred access arrangement.

127. The Applicant amended the design and enlarged the Loading Bay to ensure that access to and from the space was more easily conducted and achieved by an SRV. Amended swept path diagrams accompanied the amended plans. These were referred back to Council’s Traffic Engineers who were satisfied with this modified arrangement. Appropriate conditions are implemented to ensure that small rigid vehicles are able to access the Loading Bay and leave in a forward direction and safety measures are implemented so that any potential conflicts are minimised.

Environmental Health Officer

128. Council’s Environmental Health Officer has raised no objection subject to conditions, which have been included in the recommended conditions below.

External Referrals

Roads and Maritime Services

129. The application was referred to Road and Maritime Services (RMS) in accordance with Clause 102 of State Environmental Planning Policy (Infrastructure) 2007. Formal concurrence has been received and RMS who raise no objections to the proposed development subject to the imposition of standard conditions.

Ausgrid

130. The application was referred to Ausgrid for comment. To date no response has been received from this authority so their concurrence can be assumed and standard conditions will be imposed.

Sydney Airports

131. The application was referred to Sydney Airports in accordance with Clause 6.5 of the KLEP. To date no response has been received from this authority and given that 21 days has passed concurrence can be assumed. It is also unlikely that Sydney Airports will object to the proposed development as it will be lower than recently constructed developments within the immediate area and within the Kogarah Town Centre and North Kogarah precinct.

CONCLUSION

132. The proposal has been assessed using the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is considered to be a reasonable intensification of site and the proposed built form, siting, scale and bulk of the building is considered to be an acceptable planning and design outcome for this site and will not adversely affect the amenity of adjoining properties. It will have a positive contribution to the character of development in the street and immediate locality.

133. The proposal has been assessed against the provisions of the KLEP 2012 and KDCP 2013 and the proposal satisfies the key planning controls in this environmental planning instrument relating to height and floor space. One updated Clause 4.6 Statement has been submitted in relation to a minor variation in the height control being sought. In this case the non-compliance is considered to be minor and the statement and justification for the variation is considered to be well founded and reasonable given the circumstances.

134. The proposed development satisfies the objectives of both the height, floor space control standards and is consistent with the zone objectives of the KLEP.

135. Following detailed assessment contained within this report, it is recommenced that DA2019/0387 be approved subject to a series of conditions being imposed if consent is to be granted.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

136. The reasons for this recommendation are:

· The proposed development generally complies with the requirements of the relevant environmental planning instruments and development control plan.

· The proposed development is well considered and sensitively designed so that it will not result in any unreasonable impact on the natural and built environment.

· The building will not adversely affect the amenity of any immediately adjoining properties in terms of unreasonable overlooking, overshadowing or view loss.

· The proposal aims to provide a high-quality, contemporary mixed use development in an accessible location in accordance with the planning and design requirements for development of this nature in this precinct.

Determination

A. THAT the Georges River Local Planning Panel, as the consent authority, support the request for variation pursuant to Clause 4.6 of Kogarah Local Environmental Plan 2012, in relation to the Height of Buildings (Clause 4.3) control as the variation is considered to be well founded and in the public interest.

B. THAT the Georges River Council Local Planning Panel, as the consent authority, pursuant to Section 4.15 and 4.16(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended) grant development consent to Development Application DA2019/0387 for the construction of a four (4) storey mixed use, “shop top” housing development comprising of twelve (12) apartments, two (2) commercial tenancies and one (1) retail tenancy at ground floor level, two (2) levels of basement car parking for a total of twenty-five (25) vehicles including an area of rooftop communal open space at Lot 1, DP 741779, and known as 28 Princes Highway, Kogarah subject to the following conditions:

DEVELOPMENT DETAILS

1. Approved Plans - The development will 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
Streetscape Analysis	A - 0600	24/2/2020	B	Architecture and Building Works
Site Plan	A-1100	24/2/2020	B	Architecture and Building Works
Basement 2 Floor Plan	A-0800	26/2/2020	B	Architecture and Building Works
Basement 1 Floor Plan	A-0900	26/2/2020	B	Architecture and Building Works
Lower Ground Floor Plan	A-1000	20/4/2020	C	Architecture and Building Works
Upper Ground Floor Plan	A-1100	24/2/2020	B	Architecture and Building Works
First Floor Plan	A - 1200	24/2/2020	B	Architecture and Building Works
Second Floor Plan	A - 1300	24/2/2020	B	Architecture and Building Works
Third Floor Plan	A - 1400	24/2/2020	B	Architecture and Building Works
Roof Plan	A - 1500	24/2/2020	B	Architecture and Building Works
Elevations 01	A - 2000	20/4/2020	C	Architecture and Building Works
Elevations 02	A - 2100	24/2/2020	B	Architecture and Building Works
Section 1	A - 2500	26/2/2020	B	Architecture and Building Works
Section 2	A - 2600	26/2/2020	B	Architecture and Building Works
Adaptable Unit Details	A - 4000	24/2/2020	B	Architecture and Building Works
Adaptable Unit Details	A - 4100	24/2/2020	B	Architecture and Building Works
Solar access and cross ventilation	A - 5100	24/2/2020	B	Architecture and Building works
Shadow Diagrams June 21	A - 6000	24/2/2020	B	Architecture and Building Works
Shadow Diagrams December 21	A - 6100	24/2/2020	B	Architecture and Building Works
Landscape Plans	IS0265DA1 and IS0265DA2	24/2/2020		Isthmus Landscape Design
Survey Plan	Sheet 01 of 01	2/9/2016	N/A	Sydney Surveyor

SEPARATE APPROVALS REQUIRED BY OTHER LEGISLATION

2. Section 138 Roads Act 1993 and Section 68 Local Government Act 1993 – Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

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

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

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

REQUIREMENTS OF CONCURRENCE, INTEGRATED & OTHER GOVERNMENT AUTHORITIES

4. Roads and Maritime Services – The following requirements need to be satisfied;

i) All buildings and structures (other than pedestrian footpath awnings), together with any improvements integral to the future use of the site are to be wholly within the freehold property (unlimited by height or depth), along the Princes Highway boundary.

ii) Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of any works. Please send all documentation to development.sydney@rms.nsw.gov.au A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued.

iii) The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/001. The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime. Please send all documentation to development.sydney@rms.nsw.gov.au

iv) If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) day notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

v) Roads and Maritime is currently undertaking a program to implement “Clearways” on State roads within Sydney. If not already in place, “Clearway” restrictions will be implemented along the full Princes Highway frontage of the development site. All works and signposting associated with the subject development shall be at no cost to Roads and Maritime.

vi) The proposed development should be designed such that road traffic noise from Princes Highway is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 (3) of State Environmental Planning Policy (Infrastructure) 2007.

vii) All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter via Gray Lane. A construction zone will not be permitted on Princes Highway.

viii) A Road Occupancy Licence (ROL) should be obtained from Transport Management Centre for any works that may impact on traffic flows on Princes Highway during construction activities. A ROL can be obtained through https://myrta.com/oplinc2/pages/security/oplincLogin.jsf

ix) The subject property is within an area of investigation for the F6 Extension Stage 1 project. The F6 Extension Stage 1, between the New M5 Motorway at Arncliffe and President Avenue at Kogarah, is the first section of the proposed F6 Extension project. Currently, the F6 Extension Stage 1 is in the process of obtaining planning approval. The project's interactive portal can be used to better understand the property's proximity to the project including proposed construction sites.

For any further questions or feedback about the F6 Extension project, please contact the project team via F6Extension@rms.nsw.gov.au or 1800 789 297.

x) The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements in relation to landscaping and/or fencing, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1-2004, AS2890.6-2009 and AS 2890.2-2018 for heavy vehicle usage. Parking Restrictions may be required to maintain the required sight distances at the driveway.

xi) Sight distances from the proposed vehicular crossings to vehicles on Gray Lane are to be in accordance with the Austroads Guide to Road Design: Part 4A: Unsignalised and Signalised Intersections (Section 3 – Sight Distance) and AS 2890. Vegetation and proposed landscaping/fencing must not hinder sight lines to and from the vehicular crossings to motorists, pedestrians and cyclists.

xii) The swept path of the longest vehicle (including garbage trucks, building maintenance vehicles and removalists) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

xiii) A “No Stopping” zone should be implemented along the Gray Lane frontage of the property.

If you have any further inquiries in relation to the subject application, please contact Kerry Ryan, Development Assessment Officer, on 8849 2008 or by email at Development.Sydney@rms.nsw.gov.au.

5. Street trees – The Applicant is to liaise with RMS and obtain their written approval for the planting of four (4) street trees along the Princes Highway frontage. If RMS do not agree to the planting of these street trees they will not be required and the existing grass verge shall be maintained.

6. Ausgrid - The following requirements need to satisfied in the construction of the development;

a) There are existing overhead electricity network assets in Gray Street and Princes Highway. Safework NSW Document – Work Near Overhead Powerlines: Codes of Practice outlines the minimum safety separation requirements between these mains/poles to structures within the development throughout the construction process. It is a statutory requirement that the distances be maintained through out construction. Special consideration should be given to the positioning and operating of cranes and the location of any scaffolding.

The “as constructed” minimum clearances to the mains should also be considered. These distances are outlined in the Ausgrid Network Standard, NS220 Overhead Design Manual. This document can be sourced from Ausgrid’s website, www.ausgrid.com.au.

b) The proposed development may encroach the statutory clearances of nearby powerlines as per the requirements set out in AS7000 and Ausgrid Standard NS220. The developer is required to either:

· Engage an Accreditted Service Provider Level 3 (ASP3) to confirm that the development does maintain the statutory clearances to the powerlines (this must include wind impacts). If the ASP3 determines that the proposed structure does encroach the statutory clearances, suitable arrangements must be made to ensure that the structure will not encroach the powerline statutory clearance either by redesign of the encroaching structure or relocation of the powerlines away from the proposed structure.

· Make suitable arrangements to have powerlines relocated prior to the commencement of construction so that statutory clearances are not encroached.

Should the existing overheard mains require relocating due to the minimum safety clearances being compromised in either the above scenarios, this relocation work is generally at the developer’s expense. It is also the responsibility of the Developer to ensure that the existing overhead mains have sufficient clearance from all types of vehicles that are expected to be entering and leaving the site.

c) Underground cables – there are existing underground electricity network assets in Gray Street. Special care should also be taken to ensure that driveways and any other construction activities within the footpath area do not interfere with the existing cables in the footpath. Ausgrid cannot guarantee the depth of cables due to possible changes in ground levels from previous activities after the cables were installed.

Hence it is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area.

Safework Australia – Excavation Code of Practice, and Ausgrid’s Network known underground services prior to any excavation in the area.

Safework Australia – Excavation Code of Practice, and Ausgrid’s Network Standard NS156 outlines the minimum requirements for working around Ausgrid’s underground cables.

7. Sydney Water – Tap in TM - The approved plans must be submitted to a Sydney Water Tap inTM 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 inTM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.

8. 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.

9. Electricity Supply - An application is required to be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application being lodged with Ausgrid is required to be provided to the Certifying Authority prior to the issue of a Construction Certificate. For further details, you are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and Commercial Services).

10. Electricity Supply to Development – The electricity supply to the development must be underground.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

11. Fees to be paid - The fees listed in the table below will 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 will be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council will 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 (footpaths and roadworks) 18.88m to Prince Highway - $23,335.68 22.24m for Gray Street - $29,960.64	$53,296.32 (calculation based on $1,236.00 per metre of street frontage)
Inspection Fee for Refund of Damage Deposit (minimum of two (2) inspections at $371 per inspection	$742.00
DEVELOPMENT CONTRIBUTIONS
Kogarah Section 94 Development Contributions Plan No.1 - Roads and Traffic Management - Residential	$2,043.00
Kogarah Section 94 Development Contributions Plan No.5 – Open Space	$108,222.07
Kogarah Section 94 Development Contributions Plan No.9 - Kogarah Libraries - Books	$1,721.68
Kogarah Section 94 Development Contributions Plan No.9 – Kogarah Libraries - Building	$2,414.71
Total S94 Contribution	$114,401.46

General Fees

Development Contributions

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

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

Indexation

Timing of Payment

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

Further Information

A copy of all current Development Contributions Plans may be inspected at Council’s offices or viewed on Council’s website www.georgesriver.nsw.gov.au.

12. Design Quality Excellence (Major Development) -

(a) In order to ensure the design quality excellence of the development is retained:

i. The design architect is to have direct involvement in the design documentation, contract documentation and construct stages of the project;

iii. Evidence of the design architect’s commission is to be provided to the Council prior to release of the Construction Certificate.

(b) The design architect of the project is not to be changed without prior notice and approval of the Council.

13. Public Domain works plan – Prior to issuing the Construction Certificate, a Public Domain Works Plan is to be prepared which shall provide details on how the public domain will be treated and landscaped. The following features are to be shown on the plan (but not limited to these);

- Footpath design and layout including materials along Princes Highway, Gray Street and Gray Lane. New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.

- Design and treatment of Council’s front verge along Princes Highway and the Gray Street frontage. This shall include the planting of trees in accordance with the Landscape conditions as part of this consent.

- Location of any infrastructure services although electricity lines are recommended to be relocated below ground where possible.

- Type and area of any grass to be replaced.

- Any new driveway cross-overs.

- Street trees (minimum of 4 trees along Princes Highway, subject to RMS approval) and a minimum of 4 trees along Gray Street) and any associated vegetation. The trees along the Princes Highway frontage will need permission from RMS in the first instance.

- The proposed awning along Princes Highway and Gray Street shall comply with Council’s requirements. The type, style, design and finishes of the awning structure shall be provided to Council as part of the public domain plan.

A detailed plan shall be provided and approved by Council’s Manager of Planning and Building prior to the issuing of the Construction Certificate.

14. Building services - Prior to the issue of a Construction Certificate the applicant may be required, under Clause 144 of the Environmental Planning & Assessment Regulation, 2000 to seek written comment from Fire and Rescue (FR) NSW about the location of water storage tanks, construction of hydrant/booster pump and valve rooms, and any Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.

The applicant is also advised to seek written advice from FR NSW on the location and construction of the proposed Fire Control Centre Facility and location and installation of the sites Fire Indicator / mimic Panels.

15. SEPP 65 Design Verification Statement - A design verification statement, prepared by a qualified designer, shall be submitted to the Certifying Authority verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out under Schedule 1 of State Environmental Planning Policy No 65 -Design Quality of Residential Flat Development.

16. 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 address for the subject development is allocated as follows:

Primary Address

· 28 Prince Highway, Kogarah.

Unit Addresses

· Please contact Council’s GIS section in respect to the allocated units numbers for this development

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

Additional comments

Please note that the allocated unit addresses may be different to what was noted on the plan.

If there are modifications or changes to the number of units during the DA process, please advise the GIS team before the final approval.

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

17. Above ground power lines – Where practicable, all existing overhead power lines within or adjacent to the development site shall be relocated underground to Energy Australia standards and specifications. If not practicable to relocate the power line underground, arrangements shall be made with Energy Australia to place the conduit to carry those power lines underground so that they can be utilised at a later date by Energy Australia. In this regard all associated costs shall be borne by the applicant.

Written compliance with this condition is required to be provided prior to the issuing of the Construction Certificate.

18. NBN Connection - Prior to the issue of the Subdivision or Construction Certificate in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

(Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

19. Damage Deposit - Major 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: $53,296.32

(b) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee (for two inspections) to enable assessment of any damage and repairs where required: $742.00 per inspection.

(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.

20. Design changes - The following changes are required to be made and shown on the Construction Certificate plans:

(a) The recreational room located on the roof top enclosing the BBQ area shall be opened up. The roof, sliding doors along the south eastern side and the louvred screen/wall along the east shall be removed. A small pergola can be installed to provide some protection but this structure should not exceed the width of the BBQ bench and shall be of an open form. The BBQ shall remain.

(b) Fixed louvred privacy screens with a minimum width of 900mm and shall be installed along the south facing balconies to Units 1.03 and 2.03 to minimise any potential for overlooking to the south.

(c) The space adjoining the western side of car space No.12 (at both basement parking levels) shall become a dedicated storage space to be used in association with that car space. Details of how this space will be designed and treated shall be shown on the floor plan.

(d) The basement car parking spaces at both levels shall be amended to ensure that each car space has its own unique number. Currently some car parking spaces are numbered the same.

(e) The small space along the western side of the fire stair and adjacent to the bin store at the ground floor (lower ground floor plan) level shall include a planter box with landscaping that will make this space more attractive.

Amended plans detailing compliance with the above specifications shall be submitted to Council and shall be to the satisfaction of the Manager of Development and Building.

21. Use of Rooftop open space - A Plan of Management (POM) for use of rooftop open space must be submitted for approval of Council prior to the issuing of the Construction Certificate. The POM must outline the following:

(i) hours of use of the rooftop deck which shall be restricted from 8am until 10pm;

(ii) maximum number of users at any one time shall be specified (for this development a maximum of 15 persons at any one time is recommended) given the size of the space;

(iii) Outline provisions to maximise the safety (fire safety and general safety) for users of this area.

(iv) no amplified music to be played;

(v) identify other measures to ensure that the amenity and safety of persons within the development and in nearby existing and future development is maintained.

(vi) Location and type of signage to be installed in the building to notify residents and visitors in respect to the use of this space.

(vii) The approved POM shall be incorporated into the Owners Corporation by-laws in any future Strata subdivision and a sign in the front entry of the building shall be included to ensure the use of this space is monitored and understood by all occupants.

The POM shall be prepared and shall be to the satisfaction of the Certifying Authority and in accordance with the provisions of this condition.

22. Parking and Layout – The development shall comply with the following requirements;

· Parking spaces shall be clearly designated (sign posted and marked on ground) and line marked prior to the issuing of an Occupation Certificate. Signage, pavement symbols and line marking shall comply with Australian Standards, AS1742, Manual of Uniform Traffic Control Devices and NSW Road Transport (Safety and Traffic Management) Regulations 1999.

· Driveway access to comply with figure 3.3-Minimum Sight Lines for Pedestrian Safety as per AS 2890.1:2004 of the Australian Standard for off-street car parking. Figure 3.3 specifies the minimum sight lines for pedestrian safety along a circulation driveway or domestic driveway.

· All allocated car parking spaces shall be freely available for the customers of the proposed development.

· In the instance of multi storey car park and to prevent vehicles from running over the edge of a raised platform or deck of a multi-story car park, barriers in accordance to AS2890.1:2004 section 2.4.5.3 need to be installed.

· Any wall or fence or solid object on either side of the driveway/vehicular crossing where it meets the Council’s road reserve at the boundary must comply with sight distance requirements stipulated in the Australian Standards AS2890.1.

· The maximum size of truck/service vehicle using the proposed development shall be restricted to Small Rigid Vehicle.

· All vehicles shall enter and exit the premises in a forward direction.

· No deliveries to the premises shall be made direct from a public place or street inclusive of footpaths, nature strip, roadway and car parks.

· All loading and unloading of vehicles in relation to the use of the premises shall take place wholly within the dedicated loading/unloading areas, which is wholly within the site.

· A safe designated area shall be provided for one (1) motorbike within the development

23. Parking and layout - The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements in relation to landscaping and/or fencing, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1- 2004, AS2890.6-2009 and AS 2890.2 – 2002 for heavy vehicle usage. Parking Restrictions may be required to maintain the required sight distances at the driveway.

24. Materials and finishes - The proposed materials and finishes selected shall be non-reflective and shall be of the highest quality minimising the need for regular maintenance.

25. Construction materials - Any proposed cladding shall be constructed of fire resistant materials which comply with the requirements of the National Construction Code (NCC) 2019 Volume (1) One Building Code of Australia (BCA). Details of the proposed materials and finishes shall be to the satisfaction of the Principal Certifier.

26. Mechanical ventilation – Any proposed mechanical ventilation system will need to satisfy Council’s requirements and those stipulated by the National Construction Code and AS1668.2-2002. Details of the proposed Mechanical Ventilation system shall be provided to the Certifier and shall be sensitively located to minimise visual appearance of these ancillary structures and in a way to minimise any noise or visual impacts from adjoining properties.

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

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

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

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(d) Access arrangements; and

(e) Proposed traffic measures to minimise impacts of construction vehicles must be submitted for the approval of Council’s Engineers. Council’s Engineers must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.

The Construction Traffic Management Plan may require approval from Roads and Maritime Services.

30. Geotechnical report - Geotechnical Reports: The applicant must submit a Geotechnical Report, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

(a) Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks/stabilization works and any excavations.

(b) Dilapidation Reports on the adjoining properties including, but not limited to 30 and 32 Princes Highway and 73 Gray Street prior to any excavation of site works shall occur. The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any external paths, grounds etc. This must be submitted to the PCA and the adjoining residents as part of the application for the Construction Certificate. Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

(d) Measures to minimise vibration damage and loss of support to other buildings. Where possible any excavation into rock is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures. Where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) the report shall detail the maximum size of hammer to be used and provide all reasonable recommendations to manage impacts.

(e) Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

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

The waste storage area shall be large enough to accommodate the required number of bins for the development and located in an area to suitably facilitate servicing on waste collection day.

The path to the bin room is to be at least 1.0 metres wide and kept clear and unobstructed at all times.

Residential Waste

The development will require the provision of the following waste and recycling facilities:

Domestic Waste and recycling

– 1 x 240 litre mobile bins per 2 unit/dwelling.

a. Domestic Waste – minimum 6 x 240 litre mobile bins

- 1 x 240 litre mobile bin per 3 units/dwellings.

b. Domestic Recycling – minimum 4 x 240 litre mobile bins

c. Green Waste – minimum 1 x 240 litre mobile bins.

Commercial waste

d. Commercial Recycling – minimum 4 x 240 litre mobile bins

e. Commercial waste – minimum 4 x 240 litre mobile bins

32. Waste room design - The waste room will contain the following to minimise odours, deter vermin, protect surrounding areas, and make it a user-friendly and safe area:

· waste room floor to be sealed;

· waste room walls and floor surface is flat and even;

· all walls painted with light colour and washable paint;

· equipment electric outlets to be installed 1700mm above floor levels;

· The bin storage rooms will be mechanically exhausted as required by AS 1668.2;

· light switch installed at height of 1.6m;

· waste rooms must be well lit (sensor lighting recommended);

· optional automatic odour and pest control system installed to eliminate all pest

· types and assist with odour reduction - this process generally takes place at

· building handover - building management make the decision to install;

· all personnel doors are hinged and self-closing;

· waste collection area must hold all bins - bin movements should be with ease of access;

· Conform to the Building Code of Australia, Australian Standards and local laws; and childproofing and public/operator safety shall be assessed and ensured.

· Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored.

· Cleaners will monitor the bin storage area and all spills will be attended to immediately by cleaners.

This information shall be reflected on construction drawings submitted to the certifying authority.

33. 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 from trunk

Cupaniopsis anacardioides

Councils Street trees on Gray Street

4.0 metres

Both trees shall be encompasses within the one tree protection zone, without blocking the footpath

- The Applicant shall engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.

- A certificate of compliance letter for tree protection measures shall be completed and forwarded to the PCA – Principal Certifying Authority, before works, during works and once all building works have been completed, that tree protection measures have been installed and maintained during the building process.

General Tree Protection Measures

(a) All trees on Council property, subject site and adjacent sites, 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 qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.

(d) The engaged Project Arborist must be present on-site during the stages of excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.

(e) In accordance with AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. 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 and regularly to minimise the effects of construction works.

(g) No building products/ materials or services shall be installed within the TPZ of the tree/s 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.

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).

A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy, Masterplan, and Tree Management Policy 2019, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

34. 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.

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

A copy will be forwarded to Council where Council is not the Principal Certifier.

36. Access for Persons with Disabilities - Access for persons with disabilities must be provided to and within the site, including to all foyer areas, basement carpark, required communal areas including the sanitary and kitchen facilities and allocated balconies in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS 1428.1. Details must be submitted with the Construction Certificate Application.

In regards to the above, pedestrian access throughout basement levels shall be highlighted/line marked and sign posted to safeguard egress.

In the event that full compliance cannot be achieved the services of an accredited access consultant is to be obtained to determine alternative methods of compliance, such a report must be submitted to and endorsed by the Principal Certifying Authority prior to issue of the Construction Certificate.

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

38. Access - The recommendations of the Access Report prepared by AED Group and dated 5 July 2019 shall be implemented in the Construction Certificate Plans and Documents.

39. BCA Assessment - The recommendations in the Assessment of BCA Compliance Capability prepared by Metropolitan Building Approvals and dated 29 July 2019 shall be incorporated within the Construction Certificate Plans and relevant documents.

40. Preliminary Site Investigation (PSI) - The recommendations of the Preliminary Site Investigation prepared by EI Australia and dated 29 May 2019 shall be implemented prior to construction and during excavation and the construction process.

41. Traffic – The recommendations included within the Traffic and Parking Assessment Report prepared by Motion Traffic Engineers and dated April 2019 shall be incorporated into the Construction Certificate Plans and related documents.

42. Geotechnical – The recommendations included within the Geotechnical report prepared by EI Australia and dated 12 June 2019 shall be incorporated into the Construction Certificate Plans and Documents.

43. Waste Management - The recommendations included within the Waste Minimisation and Management Plan prepared by AB Works shall be included as part of the Construction Certificate Plans and associated documents.

44. Noise – The recommendations included in the Acoustic Report prepared by Koikas Acoustics and dated 1 July 2019 shall be included as part of the Construction Certificate Plans and associated documents.

45. Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.

The report must be submitted with the Construction Certificate application.

46. Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units will have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, will comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and will be detailed on the plans lodged with the application for the Construction Certificate.

47. Advice from Fire and Rescue (FR) NSW - Prior to the issue of a Construction Certificate the applicant may be required, under Clause 144 of the Environmental Planning & Assessment Regulation, 2000 to seek written comment from FR NSW about the location of hydrant facilities and any Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.

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

(a) location of protective site fencing;

(b) location of site storage areas/sheds/equipment, not within the curtilage of the heritage item;

(d) provisions for public safety;

(e) dust control measures;

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

(g) details of methods of disposal of any materials off site;

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

(i) provisions for temporary sanitary facilities;

(j) location and size of waste containers/skip bins, not within the curtilage of the heritage item;

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

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

(m) traffic management details during construction.

The site management measures are to be implemented prior to the commencement of construction works. 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 will be kept on site and is to be made available upon request.

49. Driveway Construction Plan Details - 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.

50. Car Wash Bays – Plans and specifications of the car washing system approved by Sydney Water must be submitted with the application for the Construction Certificate. One visitor space shall be designated as a Car wash bay and this space shall be conveniently located in order to serve this purpose.

All car washing bays will be contained within a roofed and bunded car wash bay with pre-treatment approved by Sydney Water. The water from the car wash bay must be graded to a drainage point and connected to sewer.

If alternative water management and disposal options are proposed (ie where water is recycled, minimised or reused on the site), detailed plans and specifications of the water recycling system must be submitted with the application for the Construction Certificate for approval by Council’s Environmental Health Officers.

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

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

52. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No.1018331M and dated 1 July 2019 must be implemented on the plans lodged with the application for the Construction Certificate.

53. Acoustic requirements for timber flooring - If timber flooring is installed within the development, then appropriate insulation between floors shall be implemented to exceed the minimum sound attenuation.

54. Acoustic attenuation for apartments adjoining lift core – Where bedrooms:

(a) Within apartments that adjoin the internal lift core; appropriate noise attenuation measures are to be applied to prevent transmission of noise in accordance with the Building Code of Australia (BCA)

55. Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Isthmus Landscape Design, Ref No Dwg –ISO 265 DA1 and DA2, and dated 24 February 2020. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following -

a) Minimum of four (4) new street trees provided along Princes Highway (subject to RMS approval) and a minimum of two (2) new street trees along Gray Street if the existing trees are considered to be a good condition. If these are to be removed then a total of four (4) new street trees along Gray Street. This is to be at the applicants expense and the trees shall be minimum 45 litre pot/ bag size and denoted upon the landscape plan

b) The proposed six (6) trees (within the site boundary to be located along the Princes Highway frontage) and 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.

c) All trees proposed upon the approved landscape plan shall comply with AS 2303 – 2018, Tree Stock for Landscape use and NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification.

d) All trees proposed upon the approved landscape plan shall comply with NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification, and AS 2303 – 2015/ 18

e) If the trees and plants are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.

f) The Outline Landscape Specification shall be completed and form part of landscape works for their entirety.

g) A certificate of compliance for the planting of all six (6) trees and shrubs proposed for the site. An AQF 5 Horticulturist shall be engaged and in writing certify that all trees have been planted as per landscape plan and specifications and forwarded to the PCA – Principal Certifying Authority.

56. Street Tree Removal / Replacement by Council – The Applicant is to liaise with Council regarding the type of street trees to be planted in this location if approved by RMS in the first instance. Details of the number, type of street trees and their location and size (along Princes Highway and Gray Street) shall be confirmed by Council and included in the Construction Certificate documentation to the satisfaction of the Certifier prior to issuing the CC.

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

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

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

58. Stormwater System – The submitted stormwater plans (Stormwater Plans dwg No.2005 S1, S4/5 Rev B dated 11 June 2019 prepared by John Romanous and Associates Pty Ltd have been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.

(a) All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 as shown on the approved drainage plan. The control pit in the OSD tank shall contain a silt trap and the outlet pipe to the kerb shall be RHS galvanised as indicated on the plan.

(b) The PCA shall ensure that the approved drainage design levels are surveyed during construction by a registered surveyor.

(c) The PCA shall ensure that a drainage engineer shall supervise the construction of the OSD stormwater system on site and certify his supervision in writing and state his satisfaction of the constructed site stormwater system is built as intended in this consent.

(d) 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.

(e) The design and structural adequacy of the OSD tank system shall be certified by a practicing drainage engineer to the satisfaction of the PCA.

Design details and certifications shall be submitted for approval with the Construction Certificate application.

59. Stormwater Systems with Basement - The underground basement car park must pump to and all other stormwater must drain by gravity to the drainage system within the site via a silt trap pit.

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

60. Protection of basement from inundation of stormwater waters – the following measures will need to be implemented;

(a) The protection of the underground basement shall be protected from possible inundation by surface waters from the street.

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

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

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

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

(d) The design and structural adequacy of the OSD tank system shall be certified by a practicing drainage engineer to the satisfaction of the PCA.

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.

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

(a) The pump stormwater pit shown in the Civil Engineering Plan prepared by WSP is acceptable to Council. The pump system shall consist of two pumps, connected in parallel, with each pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 100 year storm.

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

(c) The drainage disposal shall be discharged to the OSD system. Details and certification of compliance from a professional engineer specialising in civil engineering shall be provided for approval with the Construction Certificate application.

PRIOR TO COMMENCEMENT OF WORKS

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

(a) Construct a 1.2m wide footpath for the full length of the frontage of the site along the Princes Highway and Gray Street in accordance with Council’s Specifications applying at the time construction approval is sought.

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

(c) 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. The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought.

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

64. Building – Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footway/roadway where the building is within 3.0 metres of the street boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council.

65. Below ground anchors - Information to be submitted with S68 Application under LGA 1993 and S138 Application under Roads Act 1993 - In the event that the excavation associated with the basement carpark is to be supported by the use of below ground (cable) anchors that are constructed under Council or RMS roadways/footways, an application must be lodged with Council or RMS under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works.

The following details must be submitted:

(i) That cable anchors will be stressed released when the building extends above ground level to the satisfaction of Council;

(ii) The applicant has indemnified council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of Council.

(iii) Documentary evidence of such insurance cover to the value of $20 million;

(iv) The applicant must register a non-terminating bank guarantee in favour of Council. An amount will be determined when the application is lodged;

(v) The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released.

(vi) In the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors will be borne by the applicant.

66. Erosion & Sedimentation Control - Erosion and sediment controls must be in place prior to commencement of any work on the site. These measures include:

(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 excavation and construction 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 excavation) and will remain until works are completed and all exposed surfaces are landscaped/sealed.

67. Site Management - The site management measures are to be implemented prior to the commencement of construction works. 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 will be kept on site and is to be made available upon request.

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

A high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).

69. Dilapidation Report on Public Land – Prior to the commencement of works (including excavation), a dilapidation report must be prepared for the Council infrastructure adjoining the development site.

The report must include the following:

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

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

(d) Photographs showing the existing condition of any retaining walls within the footway or road, and

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

(f) The Dilapidation Report must be prepared by a qualified structural engineer. The report must be provided to the PCA and a copy provided to the Council.

The Dilapidation Report must be prepared by a professional engineer. The report must be provided to the PCA and a copy provided to the Council.

The report is to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.

Note: Council will use this report to determine whether to refund the damage deposit after the completion of works.

70. Registered Surveyor's Report - During Development Work - A report will be submitted to the Certifier 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 will be provided at each subsequent storey.

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

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

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

71. 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.

72. Structural Engineer’s Details - Supporting Council road/footway - Prior to the commencement of work in connection with the excavation of the site associated with the basement carpark, structural engineer’s details relating to the method of supporting Council’s roadways/footways and the Heritage Item on site will be submitted to the satisfaction of Council.

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

(a) The developer/builder will notify adjoining residents five (5) working days prior to excavation. Such notification is to be a clearly written note giving the date works will commence, contact details of the developer/builder 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 site.

(b) Five (5) working days prior to excavation, the developer/builder is to provide written notification to Council advising of the commencement date, and details of the list of residents advised of the works.

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

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

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

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

76. Structural Engineer’s Details - Supporting excavations and adjoining land - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting the excavation will be submitted.

DURING CONSTRUCTION

77. Hazardous or Intractable Waste – Removal and Disposal - Hazardous or intractable waste arising from the excavation or construction process shall be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and with the provision of:

· Work Health and Safety Act 2011 (NSW) (as amended);

· Work Health and Safety Regulation 2011 (as amended);

· Protection Of the Environment Operations Act 1997 (NSW) (as amended); and

· Protection of the Environment Operations (Waste) Regulation 2014 (as amended)

78. Site Contamination – Additional Information - Any new information that comes to light during construction which has the potential to alter previous conclusions about site contamination and remediation must be notified to Council and the accredited certifier immediately.

79. Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifier. 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.

80. Site sign - A clearly legible Site Management Sign is to be erected and maintained throughout the course of the works. The sign is to be centrally located on the main street frontage of the site and is to clearly state in legible lettering the following:

a) The builder's name, builder's telephone contact number both during work hours and after hours.

b) That no works are to be carried out in Council's Road Reserve without prior application and approval of a Road Opening Permit from Council.

c) That a Road Opening Permit issued by Council must be obtained for any road openings or excavation within Council's Road Reserve associated with development of the site, including stormwater drainage, water, sewer, electricity, gas and communication connections. During the course of the road opening works the Road Opening Permit must be visibly displayed at the site.

d) That no skip bins or materials are to be stored on Council's Road Reserve.

e) That the contact number for Council for permits is 9970 1111.

81. Soil & Erosion Control Measures - Prior to the commencement of works (including excavation), a durable site sign, issued by Council in conjunction with this consent, will 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 will remain in a prominent location on site up until the completion of all site and building works.

82. 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.

83. 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.

84. Hours of Construction 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 must 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.

85. Hazardous or Intractable Waste – Removal and Disposal – Hazardous or intractable waste arising from the excavation or construction process must be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and all applicable legislation.

86. Structural Certificate During Construction – The proposed building must be constructed in accordance with details designed and certified by the practising qualified structural engineer and endorsed by the Geotechnical Engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building must be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design; will be submitted to the Principal Certifying Authority at each stage of Construction.

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

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

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

89. Redundant Driveway - All existing vehicular crossings adjacent to the subject premises that have become redundant will be removed and the footway and kerb and gutter reinstated at the developer/applicant’s expense.

90. Damage within Road Reserve & Council Assets - The owner will bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

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

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

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

Copies of all receipts for the disposal, or processing of all such materials will be submitted to the Principal Certifier and Council, where Council is not the Principal Certifier.

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

PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE

95. Section 73 Compliance Certificate – A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be submitted to the Certifier prior to the issue of the Occupation Certificate.

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

97. 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.

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

(a) All adjoining properties identified in the dilapidation condition prior to Construction Certificate

99. 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. Only the Principal Certifier appointed for the building work can issue the Occupation Certificate.

100. SEPP 65 Design Verification Statement – The PCA must not issue an Occupation Certificate to authorise a person to commence occupation of the residential flat development unless the PCA has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65Design Quality of Residential Flat Development.

101. Requirements prior to the issue of the Occupation Certificate - The following will 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) A Section 73 (Sydney Water) Compliance Certificate for the Subdivision shall be issued and submitted to the PCA prior to the issue of the Occupation Certificate.

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

102. 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 Isthmus Landscape Design, Ref No Dwg –ISO 265 DA1 and DA2, and dated 24 February 2020.

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

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

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

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

The above works shall be carried out at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

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

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

Restrictions on Use of Land

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

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

Positive Covenants

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) New footpaths within the road related area;

(e) Relocation of existing power/light pole where required;

(f) Relocation/provision of street signs where required;

(g) New or replacement street trees where required;

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

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

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

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

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

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

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

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

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

A Works As Executed plan of Council's Stormwater system extension as constructed including all levels will be submitted and approved by Council.

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

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

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

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

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

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

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

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

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

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

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

OPERATIONAL CONDITIONS (ONGOING)

111. Intensity of car park lighting – Prior to occupation, the intensity of lighting at the entrance to the basement carpark is to be designed to allow for progressive adjustment of light.

112. Loading Bay operations – The Loading bay shall be utilised for the following way;

- The Loading Bay shall be utilised for deliveries to the site with deliveries restricted between the hours of 7am to 5pm Monday to Saturday and 9am to 5pm Sundays and Public Holidays.

- The Loading Bay shall be appropriately line marked and a sign included to restrict the hours of its usage.

- When no deliveries are occurring the space shall be free.

- A sign shall be erected restricting this space “no parking” access only for deliveries.

113. Removal and collection – Bins are to be taken to the kerbside for collection and garbage bins and recycling bins are to be collected on a weekly basis. They are to be collected from the kerbside and removed from the kerbside as soon as possible after collection.

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

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

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

115. Development Engineering - Conditions relating to future Strata Subdivision of Buildings - No approval is expressed or implied for the subdivision of the subject building(s). For any future Strata subdivision, a separate Development Application or Complying Development Certificate shall be approved by Council or an Accredited Certifier.

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied:

(a) Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

The unit number shall coincide with the strata plan lot numbering.

(b) Car Parking Space Marking and Numbering

Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering.

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

(d) Allocation of Car Parking Spaces, Storage Areas and Common Property on any Strata Plan.

i. All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

ii. All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

iii. The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

iv. No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required.

If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with section 39 of the Strata schemes (freehold development Act 1973.

The above requirements regarding car parking spaces and storage areas may only be varied with the conditions of a separate Development Application Approval for Strata Subdivision of the Building(s).

(e) On Site Detention Requirements - The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

(f) Creation of Positive Covenant – Detention Basin

A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

"It is the responsibility of the Owner's Corporation to keep the on-site detention facilities, together with any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The on-site detention facilities shall not be modified in any way without the prior approval of Georges River Council."

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

116. Acoustic Certification - Prior to the issue of any Occupation Certificate, a suitably qualified acoustic consultant will certify that the operation of the premises and plant equipment will not give rise to a sound pressure level at any affected premises that exceeds the relevant acoustic criteria. The development will at all times comply with these noise levels post occupation.

117. BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent will be implemented before issue of any Occupation Certificate. A Compliance Certificate will be provided to the Principal Certifier regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.

118. 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.

Payment of the required Long Service Levy payment must be made and proof of payment provided to the Principal Certifier prior to the issue of an Occupation Certificate.

119. Allocation of Car Parking Spaces – A total of ninety-three (93) car parking spaces, and a minimum of twenty-two (22) bicycle parking spaces associated with the development is to be allocated as follows, sign posted and/or linemarked accordingly:

· Two (2) car parking space designated as visitor car parking spaces including the car wash bay

· Two (2) car parking spaces designated as retail parking

· Four (4) car parking spaces designated to the 2 commercial tenancies

· Seventeen (17) resident car parking spaces (a minimum of 1 car parking space designated to each unit within the development)

120. Electricity Supply - Evidence will be provided demonstrating that the development has been connected to the electricity network.

121. Structural Certificates - The proposed structure will be constructed in accordance with details designed and certified by the practising qualified structural and geotechnical engineer. In addition, Compliance or Structural Certificates, to the effect that the building works have been carried in accordance with the structural design; will be submitted to the Principal Certifier prior issue of the Occupation Certificate.

122. Stormwater & Ancillary Works - Applications under Section 138 of the Roads Act and/or Section 68 Local Government Act 1993, the applicant must obtain all necessary approvals. An approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work will be carried out by a private contractor in accordance with Council’s specifications prior to the issue of an Occupation Certificate.

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

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

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

123. 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.

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

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

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

(b) Volume of storage available in any detention areas;

(d) The orifice size/s

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

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

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

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

(c) Photographs showing the condition of the footway including footpath pavement fronting the site Photographs showing the condition of retaining walls within the footway or road

(d) Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

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

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

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

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

a. Compliance with conditions of development consent relating to stormwater;

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

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

d. Pipe inverts levels and surface levels to Australian Height Datum.

127. Lighting - Any outdoor/security lighting must be located, designed, oriented and shielded in a manner that does not cause disturbance to surrounding premises and/or passing vehicular traffic. This requirement also applies to external lighting within the rooftop communal open space area.

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

Flashing, moving or intermittent lights or signs are prohibited.

128. Activities and Storage of Goods Outside Buildings - There will be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.

129. Boundary fencing - Any new boundary fencing erected along the side and rear boundaries shall not exceed a height of 1.8m unless specified by any other conditions.

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

131. Electrical connection - Any new electrical and telecommunication connections to the site are to be carried out using underground cabling.

132. Finishes - Any materials or surfaces addressing the public domain on the ground and first floor (where accessible by members of the public) shall utilise graffiti-resistant materials.

133. Safety - All communal entrances for the building will be capable of being secured. Entry doors are to be self-closing and signs are to be displayed requesting that building occupants not wedge doors open.

134. Security - If any security screens/grilles are installed, they are to be openable from within the building.

135. Building identification numbering that presents to public areas (ie the adjoining road reserve) are to be at least 7cm high and are to be situated 1-1.5m above ground level on the street frontage. The numbering is to be constructed from durable materials and shall not be obscured by vegetation.

136. Noise Control - The use of the premises will not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997.

137. Amenity of the Neighbourhood - The implementation of this development will 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.

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

The maintenance of the landscaping shall be undertaken in perpetuity. Should any plants or trees die, then they shall be replaced with the same species (i.e. like for like).

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

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

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

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

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

140. Responsibility of Owners Corporation - The Owners Corporation will be responsible for presenting all approved waste and recycling receptacles for collection, and returning all receptacles to the waste collection room, as soon as practicable after they have been serviced.

The Owners Corporation will also be responsible for maintaining all equipment, systems, facilities and storage areas used in conjunction with the provision of waste management services in accordance with all applicable regulatory requirements, relevant health and environmental standards, and to the satisfaction of Council.

141. Management of Waste Facilities – The ongoing management of onsite waste facilities shall be undertaken in accordance with the following requirements:

(a) Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored.

(b) Any cleaners will monitor the bin storage area and all spills will be attended to immediately be cleaners.

142. Waste - The ongoing operation of recycling and waste management services is to be undertaken in accordance with the Waste Management Plan.

143. Air conditioning - Any external plant/air-conditioning system must not exceed a noise level of 5dBA above the background noise level when measured at the boundaries of the property. Any proposed air conditioning systems or mechanical ventilation shall be appropriately screened from view and not located so that it can be seen from the street.

144. Graffiti - Any graffiti on the site is to be removed within forty eight (48) hours.

OPERATIONAL REQUIREMENTS UNDER THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979

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

Should Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA.

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA, must be submitted to the Principal Certifying Authority with the Construction Certificate Application.

Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

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

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

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

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

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

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

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

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

147. Notification Requirements of Principal Certifier - No later than two days before the building work commences, the Principal Certifier 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.

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

149. Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifier. 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.

150. Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifier appointed for the building work can issue the Occupation Certificate.

PRESCRIBED CONDITIONS

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

152. 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.

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

154. 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.

155. 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.

156. 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 of a building must be executed safely and in accordance with appropriate professional standards.

All excavations associated with the erection 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 of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage.

END CONDITIONS

NOTES/ADVICES

157. 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.

158. 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.

159. 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.

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

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

162. Energy Efficiency Provisions - Energy Efficiency Provisions - Should Council be appointed as the Principal Certifier, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifier.

163. Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointment as the PCA, the Construction Certificate Application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Council’s DCP and AS 4299 Adaptable Housing.

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

Useful links relating to Noise:

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

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

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

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

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

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

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

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

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

163. Strata Subdivisions

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

(b) Council will undertake the required inspections to satisfy the requirements of the Strata Schemes Development Regulation 2016 to determine the Strata Certificate.

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

166. Sydney Water Section 73 Certificates - The Section 73 Certificate must be a separate certificate that relates specifically to this development consent. For example, if the development consent relates to the subdivision of the land, a Section 73 Certificate for the construction of the building that is subject to a different development consent will not suffice.

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

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

169. Council as PCA - Total Conformity with BCA - Accompanying Information - Should the Council be appointed as the Principal Certifier, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

a) Mechanical ventilation to bathroom, laundry and basement areas not afforded natural ventilation.

b) Fire-fighting services and equipment including hydrant systems and booster assembly location, sprinkler and valve room systems, hose reels, portable fire extinguishers, smoke hazard management systems, sound and warning systems.

c) Emergency lighting and exit signs throughout, including communal open space areas, lobby/foyer and basement areas.

d) Construction of all fire doors including warning and operational signage to required exit and exit door areas.

e) Egress travel distances to exits and the discharge from fire isolated exits including the swing of exit doors.

f) The spandrel protection of openings in external walls

g) The protection of paths of travel from a fire isolated exit when passing within 6m of an opening within the external wall of the building.

h) Fire compartmentation and fire wall separation details including all stairway, lift and service shaft areas.

i) The location and construction of an electricity substation, including the location and smoke separation of electrical distribution boards.

j) Sound transmission and insulation details.

k) Window schedule is to include the protection of openable windows.

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifier with the Construction Certificate Application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

In the event that full compliance with the BCA cannot be achieved and the services of a fire engineer are obtained to determine an alternative method of compliance with the BCA, such report must be submitted to and endorsed by the Principal Certifier prior to issue of the Construction Certificate.

170. 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.

171. 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.

172. 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).

173. 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:

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

(ii) In the Application Form, quote the Development Consent No. (eg. DA2018/0580)

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

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

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

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

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

175. Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. The proposed measures and feature of the building that facilitate the efficient use of energy must be identified and detailed on the architectural plans. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority.

176. Compliance with Access, Mobility and AS4299 - Adaptable Housing - Should the Council be appointment as the PCA, the Construction Certificate Application must be accompanied by detailed working plans and a report or a Certificate of Compliance from an Accredited Access Consultant certifying that the building design and access to the adaptable units complies with Council’s DCP and AS 4299 Adaptable Housing.

ATTACHMENTS

Attachment ⇩1	Site Plan - 28 Princes Hwy Kogarah
Attachment ⇩2	Elevations - 28 Princes Hwy Kogarah

Meeting:	Georges River Local Planning Panel (LPP)
Date:	Thursday, 21 May 2020
Time:	4.00pm
Venue:	Council Chambers, Civic Centre, Hurstville
Panel Members:	Paul Vergotis (Chairperson) Helen Deegan (Expert Panel Member) John Brockhoff (Expert Panel Member) George Vardas (Community Representative)