Agenda of Georges River Local Planning Panel (LPP)

Georges River Council – Local Planning Panel Thursday, 20 August 2020

Page 2

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

LPP035-20 33-35 Treacy Street Hurstville – DA2018/0366

(Report by Senior Development Assessment Planner)

LPP036-20 608 Forest Road Penshurst – DA2019/0135

(Report by Senior Development Assessment Planner)

LPP037-20 506-508 Railway Parade Allawah – MOD2020/0076

(Report by Senior Development Assessment Planner)

LPP038-20 591-611 Princes Highway Blakehurst – DA2020/0065

(Report by Senior Development Assessment Planner)

LPP039-20 4 Wadsley Crescent Connells Point – DA2019/0638

(Report by Development Assessment Planner)

LPP040-20 35 River Road Oatley – DA2020/0152

(Report by Independent Assessment)

4. Confirmation of Minutes

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 August 2020

LPP Report No	LPP035-20	Development Application No	DA2018/0366
Site Address & Ward Locality	33-35 Treacy Street Hurstville Hurstville Ward
Proposed Development	Construction of thirteen (13) storey mixed use development comprising two (2) commercial/retail on ground floor and a total of 41 residential apartments above, communal open space and five (5) levels of basement car parking and associated site works
Owners	Wolf Construction Group Pty Ltd and Prospa Developments Pty Ltd
Applicant	Danny Daher
Planner/Architect	Brett Daintry - Planner, Stanisic Architects
Date Of Lodgement	5/09/2018
Submissions	Three (3) notification periods which has generated a total of some 219 submissions (139 pro-forma letters and 80 individual submissions).
Cost of Works	$23,650,000.00
Local Planning Panel Criteria	The application is subject to SEPP 65 (Design Quality of Residential Apartment Development) and more than 10 unique objections were received.
List of all relevant s.4.15 matters (formerly s79C(1)(a))	Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy BASIX: 2004, State Environmental Planning Policy No. 55, State Environmental Planning Policy (Vegetation in Non-rural Areas) 2007, State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development, Draft Environment SEPP, Draft Remediation of Land SEPP, Draft Georges River Local Environmental Plan 2020, Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No 2, Draft Georges River Local Environmental Plan 2020, Georges River Interim Policy 2019
List all documents submitted with this report for the Panel’s consideration	Architectural Plans prepared by Stanisic Architects, Statement of Environmental Effects prepared by Brett Daintry, Statement of Heritage Impact prepared by Cracknell and Lonergan, Pedestrian Wind Environment Statement prepared by Windtech, Structural Report prepared by Australian Consulting Engineers and Geotechnical Report prepared by Assetgeo, Traffic and Parking Assessment prepared by The Transport Planning Partnership, Waste Management Plan prepared by Dickens Solutions
Report prepared by	Senior Development Assessment Planner

Recommendation

That the application be granted an “In Principle” Approval subject to the current Modification Application to the Concept Approval (MP_10 0101 Mod 3) being determined by the Department of Planning and Environment and concurrences from State Rail and Water NSW being issued.

Summary of matters for consideration under Section 4.15

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

Yes

Legislative clauses requiring consent authority satisfaction

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

Yes

Clause 4.6 Exceptions to development standards

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

Not Applicable

Special Infrastructure Contributions

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

Not Applicable

Conditions

Have draft conditions been provided to the applicant for comment?

No, standard conditions have been attached with some design changes which will need to be amended when the approval of the “Concept Approval” is granted. The conditions can be reviewed once the report is published.

Site Plan

The subject site is outlined in blue above

Executive Summary

Proposal

1. The development application (DA2018/0366) seeks consent for the demolition of existing structures on site, lot consolidation and the construction of a thirteen (13) storey mixed use (shop top housing) development which provides for two (2) ground floor retail/commercial tenancies, forty one (41) new upper level apartments and basement car parking for a total of seventy four (74) vehicles including landscaping in the form of ground and roof top areas of communal open space and associated site works. The proposed front façade of the building is shown in Figure 1 below known as the West Stage.

Figure 1 – Front elevation of the proposed building and its relationship to the completed (Central Stage) (courtesy: Stanisic Architects)

2. The proposed development forms the final stage (West Stage) of a large, integrated mixed use development comprising of three (3) separate built forms across the site known as 21-35 Treacy Street, Hurstville. The whole development is divided into three (3) stages (East, Central and West). Refer to Figure 2 below which shows the approved staging of the development. The buildings referenced as the East and Central stage have been constructed and completed.

Figure 2 – Site plan showing the staging and siting of the existing and proposed development (courtesy: Stanisic Architects)

Background

3. On 1 July 2011 the Planning and Assessment Commission (PAC) granted approval for the Concept Plan application No.MP_0101 which proposed a large scale, mixed use development across 21-35 Treacy Street, Hurstville (refer to Figure 2 above and 3 below).

4. The approved development scheme included the following features:

(a) Use of the sites for retail and residential purposes and associated car parking;

(b) Indicative building envelope to a maximum height of 55 metres (being a maximum 114.6 metres AHD);

(d) Public domain improvements to Treacy Street; and

(e) Landscaping areas throughout.

5. The concept approval included a series of conditions to ensure that the scale and bulk of future development and the built form across the site is consistent with the Concept plans. The approval also included conditions relating to the design to ensure the external appearance of the development is integrated, balanced and coherent. The same architect is to be engaged for all stages of the development and a statement of commitments was also part of the approval which ensured issues such as wind, acoustic, traffic and parking together with other environmental considerations are detailed and adequately addressed at the DA stage/s.

Figure 3 – Aerial photo of the development site covered by the Concept Plan

6. On 4 September 2012 a Section 75W application to modify the Concept Plan (MP 10_0101 MOD 1) was approved which amended the originally proposed development in the following manner:

· An increase in the residential floor area to 26,775sqm;

· A decrease in retail floor area to 1,499sqm;

· Provision of 200sqm of community floor area;

· Staging of the development;

· Modification to floor layouts;

· Removal of the requirement to have a maximum total number of 257 dwellings and

· A minimum number of 30 parking spaces (as opposed to the original requirement for 79) were to be provided for the retail uses and 5 spaces for the community uses.

7. This modification also included the construction of the approved Concept Plan in three (3) stages being:-

· Stage 1 – Centre Stage (23-31 Treacy Street)

· Stage 2 – West Stage (33-35 Treacy Street); and

· Stage 3 – East Stage (21-23 Treacy Street)

8. To date buildings in relation to Stage 1 and Stage 3 have been constructed and completed.

9. The Concept Plan approval provides that pursuant to Section 75P(1)(b) of the Environmental Planning and Assessment Act 1979 (EP&A Act) (noting this section has been repealed, but transitional provisions apply) that all future stages of the Concept Plan are to be the subject of Part 4 of the EP&A Act, hence the lodgement of Development Applications for each stage.

10. On 10 December 2012 Council granted consent for the demolition of the existing structures on the site, removal of underground storage tanks, remediation of the site which was validated after completion.

11. On 30 May 2014 the Planning and Assessment Commission (PAC) refused the Section 75W Modification No.2 which sought to increase the height of the Central Stage building from 16 to 19 storeys, increase the residential floor area by an additional 3,684sqm, reduce the retail floor space, amend the car parking layout and proposed a Draft Voluntary Planning Agreement with a monetary contribution of $540,000 to Council. The application was refused for the following reasons:

· The current capacity of Hurstville City Centre has recently been reviewed resulting in the adoption of a TMAP, and a revised planning framework to guide development in the centre. The application is contrary to current evidence and planning context.

· The proposed increase in the height and mass of the approved building lacks merit in the immediate context of Treacy Street and the wider context of the Hurstville City Centre.

· The integrity of the original architectural design as approved would be compromised.

· Additional overshadowing of properties to the south of the railway line is unwarranted in the circumstances.

12. On 20 May 2015 the Joint Regional Planning Panel, Sydney Region East granted a Deferred Commencement approval to Development Application DA2014/1066 for the construction of a sixteen (16) storey mixed use development with basement car parking on lots 1-4 DP2752, 1-2 DP2256951 and A DP 398056 known as 23-31 Treacy Street Hurstville. The deferred commencement conditions required more detailed information and documentation to be submitted to satisfy Sydney Rail requirements. This building relates to the Central Stage (Stage 1) in the construction phase for this development and was the first building to be constructed. The main features of this development are:

· Two hundred and twenty seven (227) residential apartments in a mix for 1, 2 and 3 bedrooms (36 x studios/1 bedroom, 184 x 2 bed, 7 x 3 bed) with a combined floor area of 21,197sqm.

· Retail and community space on the ground floor of the development with a gross floor area of 1,012sqm. This includes a community space of 200sqm plus five car parking spaces to be dedicated to Council as required by the Concept approval.

· Two hundred and seventy three (273) car parking spaces and a car wash bay over four (4) levels of basement and

· Landscaped public domain and common areas.

13. A Construction Certificate has been issued for this development and the building has been constructed and completed. It is now known as “Imperial Hurstville”.

14. On 21 December 2016 Hurstville Council approved DA2016/0073 for the construction of a sixteen (16) storey building containing one (1) x retail tenancy on the ground floor and twelve (12) x three (3) bedroom residential units at Lot 6 Section A DP 2752 and known as 21 Treacy Street (East Stage). A Construction Certificate has been issued for this development and the building has been constructed and completed. This building relies on parking which is located below the Central Stage development (as per MOD2016/0016).

15. A series of Modification applications have also been submitted to date varying the development including the following;

· MOD2015/0105 – Approved on 11 December 2015 which amended Condition 80 to increase the number of parking spaces for the residential dwellings in the Central Stage from one hundred and seventy five (175) to two hundred and thirty four (234) and relocated the substation from the basement to the ground floor.

· MOD2016/0024 – Approved on 30 June 2016 to allow for the fifth basement level in the Central Stage that will provides additional parking to cater for the East Stage.

· MOD2018/0006 – Approved on 15 February 2018 to add a mezzanine level to the ground floor retail area as part of the East Stage development.

Figure 4 – 3D Montage showing all stages of the development as visualised when completed (Concept Approval).

Figure 5 – 3D view of the proposed building and development looking east along Treacy Street

16. The subject DA No DA2018/0366 was lodged on 6 September 2018 and proposes a thirteen (13) storey mixed use, shop top housing development that has been designed to comply with the approved concept plan in terms of the proposed architectural design, building footprint and building envelope. There are some minor variations to the internal design of units and the amount and distribution of retail space, however these changes were considered to be minor and within the general terms of the concept approval and scope of works.

17. The application was referred to several external agencies including State Rail given the site adjoins the railway corridor, Water NSW, Ausgrid and Sydney Airports and other general internal referrals occurred in respect to parking and access, stormwater and drainage and given that the property is across the road from a designated Heritage Item the application was referred to Council’s Heritage Officer for comment. Also the proposal was referred to the Design Review Panel for comment.

18. Since the lodgement of the application the Site was subsequently sold and bought by Wolf Construction Group and Prospa Developments who are now the new owners of the property. Council prepared a letter to the new owners outlining all the outstanding planning issues which they began working through. At the time of purchasing the property the outstanding issues related to the need to provide:

· An updated Detailed Site Investigation as contamination had not been accurately assessed across the Site;

· Additional details and documentation required by State Rail; and

· The GFA calculations exceeded the maximum permitted by the Concept Approval and the Applicant was requested to address this variation and area of non-compliance.

19. The new Applicant worked to address these issues in detail.

Site and Locality

20. The subject site is known as 33-35 Treacy Street with a legal description of Lots 5 and Lot 6 in DP11931 (refer to Figure 6 below which is an aerial view of the property). 33 Treacy Street includes a single storey commercial building that extends the whole length of the site. 35 Treacy Street contains a two storey commercial building that extends across the whole of the Site.

21. The site has a combined frontage width of 24.42m to Treacy Street, irregular rear boundary length of 24.47 and depth of 36m with a total site area of 879sqm. The site area of the whole development known as 21-35 Treacy Street Hurstville has a site area of 4,199sqm.

22. To the north of the site are a series of mixed uses of varying forms and scales adjoining the Hurstville Commercial Centre. 18 Treacy Street opposite is known as “Fretus House” which is a local Heritage Item being a two (2) storey commercial building. To the south of the Railway Line are low to medium scale residential properties. Immediately to the west is a large scale on-grade Council car park.

23. To the east is the Central Stage development which comprises of an extensive sixteen (16) storey mixed use (shop top housing) development known as the “Imperial Hurstville” building. The development is visually distinctive in the area given its unique building finishes and materials.

24. The subject site is accessible given it is located within 400m of Hurstville Railway Station and within the Hurstville Commercial Centre. The site is also well serviced by public buses with the Hurstville bus exchange located approximately 450m west of the site.

Figure 6 – 3D Aerial view of the subject site (courtesy Nearmaps 1 June 2020)

Zoning and Permissibility

25. The site is zoned ‘B4 – Mixed Use’ under the Hurstville Local Environmental Plan 2012 (HLEP). The development is defined as ‘shop top housing’ under HLEP, which is a permissible land use with consent in this zone, subject to compliance with Clause 6.6 to ensure that the proposal satisfies the Active street frontage provision.

Submissions

26. The development application was publicly exhibited on three (3) occasions in accordance with the provisions of the Hurstville Development Control Plan (HDCP) 2013. A total of two hundred and nineteen (219) submissions were received in response to all three (3) notification periods.

27. The initial notification stage which occurred between 26 September 2018 to 11 October 2018 included a sign on site which generated three (3) submissions. It was realised after this process that the owners of the adjoining development 23-31 Treacy Street (known as “Imperial Hurstville” the Central Stage of the development site) were not formally notified of the application.

28. A subsequent notification letter was sent to all the owners at the adjoining property with the notification period commencing on 18 September 2019 and finishing on 9 October 2019. A large amount of owners residing at 23-31 Treacy Street (“Imperial Hurstville”) were concerned about the proposed development, in particular the proposed access arrangements that rely on utilising the existing driveway from the Central Stage (along the eastern side of this site) of the development through to the new basement levels at 33-35 Treacy Street. This arrangement is consistent with the concept approval and always relied on this design given the narrowness of the subject site. Council formally met with some owners and representatives of Imperial Hurstville on 6 September 2019 to discuss these and other issues and assured the residents they will be given a formal opportunity to comment on the DA proposal.

29. All the submissions and the issues raised in letters to Council’s are addressed in detail later in this report.

Reason for referral to the Local Planning Panel

30. This development application is referred to the Local Planning Panel for consideration and determination as it comprises development to which State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development applies as required by the Ministerial Direction of 23 February 2018 and that more than ten (10) unique submissions objecting to the proposal have been received.

Planning and Design Issues

31. The proposal’s bulk, scale and proposed building envelope is generally consistent with the approved Concept Plan however since this is the final stage of the integrated development the gross floor area proposed exceeds the gross floor area approved as part of the Concept Plan. Given that the visual bulk and scale of the building is consistent with the approved Building Envelope the additional GFA is a result of the Concept Plan not realising the full extent and potential of the Site as proposed by the indicative envelopes at all stages.

32. The Georges River Design Review Panel (DRP) assessed the proposal and raised no objection to the proposed design resolution of the building subject to some minor design changes being implemented.

33. One (1) controversial element of this proposal is that access to the basement levels of the proposed development is through the existing driveway access from the Central building (also known as Imperial Hurstville) by creating two (2) openings at each basement level to provide this access/connection. Independent access to this building is restricted due to the narrowness of the Site. The Concept approval anticipated and expected that access will be derived in this manner. There are easements for access dedicated as part of the Strata Plan for the Central Stage. The following conditions were included as part of the concept approval consent;

“21. Building – Access to future stages - The construction certificate plans must be accompanied by a certification from a qualified structural engineer that the structural design of the basement walls and ground floor walls will allow physical access required to the west stage (No.33-35) and the east stage (No.21) whilst maintaining support to the building as constructed.

67. Building - Structural Engineers 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 must be submitted.

85. Access for Future Stages - Prior to the issue of a strata certificate or occupation certificate over the subject site, (Stage 1) easements relating to access, fire egress, support, wall openings, construction, common space and garbage shall be registered on the title of the subject land in favour of the adjoining stages 1 & 2 and consistent with the plans approved under MPl0-0101 granted by the Planning Assessment Commission, dated 1 July 2011 as modified on 4 Sept 2012 and this development consent.”

34. Condition 23 on DA consent DA2016/0073 in relation to the construction of the Central Stage (23-33 Treacy Street) stated that “Building – Access between stages - The construction certificate plans must be accompanied by a certification from a qualified structural engineer that the structural design of the walls will allow physical access required between the west stage (No.33-35) and the east stage (No.21) whilst maintaining support to the building as constructed.”

35. This condition envisaged that access arrangements between all three (3) stages was not only anticipated but expected. Similar conditions will be imposed if consent is issued to ensure the structural stability of the existing building walls and associated structures to the adjoining building are maintained during excavation and construction.

36. The proposed development exceeds the maximum Gross Floor Area (GFA) as stipulated in the Concept Approval. The applicant was requested to justify the variation to the conditions in the Concept Approval. Additional information was provided which included legal advice confirming that the proposal (in its amended form) satisfied Schedule 3B (2) (d) of the Savings and Transitional and other Provisions) Regulations 2017 (STOP) as the proposal was “consistent” with the Concept Approval. Council’s independent legal advice did not support the Applicant’s legal advice and stated that the Concept Approval conditions are prescriptive controls that cannot be varied unless the Concept Approval is modified. The proposed built form outcome with respect to height and scale for the site is consistent with the Concept Approval and the excess GFA has come about due to the following:

· The previous stages of the redevelopment - Stage 1 (Central) and Stage 2 (East) have taken up more floor space than originally anticipated through DA’s and modification applications.

· The proposed Winter Gardens were not considered GFA as part of the Concept Approval but they are now elements that contribute to GFA.

· The building is proposed to be constructed to the western boundary however the Concept Approval had anticipated a 1m side setback, this side setback is not consistent with the development and building outcome for development in commercial/mixed use zones.

37. This issue is discussed in greater detail later in this report.

38. The Applicant has submitted a Modification to the Concept Plan (MP10_0101 Mod 3) varying the Concept Approval to be aligned with the proposal currently before the Panel. The recommendation before the Panel is to issue an “in principle” approval of the application subject to the approval of the Modification application and concurrence from State Rail (which is forthcoming) and Water NSW. Draft conditions are attached to this report referencing the conditions to be imposed when the application is determined.

39. If the State Government refuses the Modification application this application should be refused or the applicant provided the opportunity to amend the design to comply with the Concept Approval (resulting in a reduction in GFA and an amended built form outcome) with a report be prepared and provided back to the Panel for determination.

Conclusion

40. 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, the concept plan approved for the precinct known as 21-35 Treacy Street Hurstville, Local Environmental Plan and Development Control Plans with the Panel granting an “in principle” approval subject to

the following information being provided:

· The Modification Application (No.MP10_0101 Mod 3) lodged with the Department of Environment and Planning on 22 July 2020 is approved and plans and documents being consistent with this approval.

· Formal concurrence received from State Rail.

· Formal concurrence received from Water NSW.

· The draft conditions attached to this report are to be updated to reflect any changes and additional conditions and requirements stipulated by Government Agencies.

41. Once the above information is provided and satisfied the Panel delegates responsibility to the Manager Development and Building to issue the formal development consent.

42. If the modification application (Mod 3) before the State Government is refused or approved in a modified form, the Applicant will be provided with the opportunity (21 day period) in which to amend the Development Application and an updated electronic report provided to the Panel within thirty (30) days of receipt of the revised plans.

43. If the Applicant decides not to amend the application and Council decides to refuse the application the Panel delegates this decision to the Manager Development and Building.

Report in Full

DESCRIPTION OF THE PROPOSAL

44. The development proposed is for the demolition of existing structures, lot consolidation, and the construction of a thirteen (13) storey shop top housing development containing, two (2) ground floor retail tenancies and a total of forty one (41) apartments with five (5) levels of basement car parking for seventy four (74) vehicles including ground floor and rooftop areas of communal open space.

45. Concept Approval (MP_0101) was granted on 1 July 2011 for a three staged development at No.21-35 Treacy Street, Hurstville. East stage comprises of a 16 storey shop top housing development at 21-23 Treacy Street and the Central stage comprises of a 16 storey building which is located at 23-31 Treacy Street and the west stage comprises of a 13 storey building at 33-35 Treacy Street. Five (5) levels of basement car parking are catered for below the Central Stage (Imperial Hurstville building) and fulfil the off-street car parking requirements for the East and Central stage uses.

46. The proposed development is known as the “West Stage” of this large mixed use development located at 21-35 Treacy Street, Hurstville. This is the final stage of this integrated development as the East and Central stages have been completed and buildings already constructed across the whole development site.

47. Details of the proposed design and layout of the development are as follows:

The basement parking is designed in a split-level configuration.

Basement 3B Plan

- Eleven (11) Residential car parking spaces.

- Lift lobby area and fire egress stairs.

Basement 3A Plan

- Six (6) residential car parking spaces.

- Access to the lift lobby and egress stairs.

Basement 2B Plan

- Eleven (11) resident car parking spaces.

- Seven (7) designated bicycle parking spaces.

- Lift lobby area and fire egress stairs.

Basement 2A Plan

- Fourteen (14) residential car parking spaces.

- One (1) bicycle parking space.

Basement 1B Plan

- Nine (9) visitor spaces (including one accessible space).

- Seven (7) bicycle spaces.

- Lift lobby area and fire egress stairs.

- One (1) accessible retail space

Basement 1A Plan

- Six (6) retail car parking spaces.

- Two (2) visitor car parking spaces.

- Six (6) residential spaces.

- One (1) bicycle space.

Basement 1C Plan

- Eight (8) residential car parking spaces (6 spaces are accessible).

- Lift lobby area and fire egress stairs.

Basement 1D Plan

- Forty (40) individual storage spaces (cages).

- Plant and equipment and space for a hoist.

- Exhaust fan room.

Basement 1E Plan

- This level is located above 1D.

- Includes plant and services including OSD, switch room, fire hydrant and sprinkler and pump room.

- Main lift lobby and fire egress stairs.

Ground Floor Plan

- Two (2) retail tenancies with total GFA of 210sqm.

- Residential lobby area.

- Fire egress.

- Waste room with a separate hoist.

- Rear area of deep soil comprising of 240sqm in area.

Level 1 Floor Plan

- Void space above the residential lobby and retail area.

- 1 x 2 bedroom apartment.

- Main Lift lobby.

- WC and Pedestrian access to the communal area of open space.

- Communal area of open space at the rear with an area of 240sqm.

Typical Level 2-8 Floor Plan

- 1 x 1 bedroom apartment.

- 2 x 2 bedroom apartments. One (1) being nominated as adaptable on each level.

- 1 x 3 bedroom apartment.

- Main Lift lobby areas and fire egress stairs.

- Storage areas and rises to support services.

Typical Level 9, 10, 11 and 12 Floor Plan

- 1 x 2 bedroom apartment.

- 1 x 3 bedroom apartment.

- 1 x 4 bedroom apartment.

- Main lift lobby and fire stair egress.

- Storage areas and rises to support services.

Level 13

- Roof top communal terrace area with an area of 485sqm.

- Main lift lobby area.

- Services – hot water plant.

- Storage areas and rises to support services.

DESCRIPTION OF THE SITE AND LOCALITY

48. The subject site is known as 33-35 Treacy Street with a legal description of Lots 5 and Lot 6 in DP11931 (refer to Figure 7 below which shows the combined site characteristics). 33 Treacy Street includes a single storey commercial building that extends the whole length of the site. 35 Treacy Street contains a two storey commercial building that also extends across the whole of the Site.

49. The site has a combined frontage width of 24.42m to Treacy Street, irregular rear boundary length of 24.47 and depth of 36m with a total combined site area of 879sqm. The site area of the whole redevelopment site is 4,199sqm.

50. To the north of the site are a series of mixed uses of varying forms and scales adjoining the Hurstville Commercial Centre. 18 Treacy Street across the road is known as “Fretus House” which is a designated local Heritage Item and is a two storey commercial building. To the south of the Railway Line are low to medium scale residential properties.

51. Immediately to the west is a large scale at grade Council car park which was the subject of a Planning Proposal (PP2015/0006) to increase the height and floor space across the site. On the 16 May 2018 Council decided not to proceed with the proposal until a more holistic strategic assessment has been conducted for the Hurstville CBD. This involves completing a series of studies and strategies relating to car parking, affordable housing and urban design within the Centre and which will better inform the future direction and approach for the site and immediate locality.

52. To the east is the Central Stage development which comprises of an extensive 16 storey mixed use (shop top housing) development known as the “Imperial Hurstville” building. The development is visually distinctive in the area given its unique building finishes and materials.

53. The subject site is very accessible located within 400m of Hurstville Railway Station and within the Hurstville Commercial Centre. The site is also well serviced by public buses with the Hurstville bus exchange located approximately 450m west of the Site.

Photo 1: The subject site – 33 and 35 Treacy Street, Hurstville

Photo 2: Council public car park adjoining the site to the west

Photo 3: Commercial and retail uses across the street to the north including 145 Forest Road (glass commercial building to the left of the photo) and 18 Treacy Street (blue building on the right which is a designated heritage item (I163 in HLEP2012)

Photo 4: The eastern section of the Imperial Hurstville building to the east of the subject site

Photo 5: The railway line and medium density development immediately to the rear (south)

Figure 7 – The sites area and main characteristics (courtesy: Stanisic Architects, 2018)

Planning Assessment

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

Environmental Planning Instruments

State Environmental Planning Policies

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

State Environmental Planning Policy	Complies
State Environmental Planning Policy No 55 - Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004	Yes
State Environmental Planning Policy – Infrastructure	Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017	Yes
State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development	Yes

State Environmental Planning Policy No 55 - Remediation of Land

56. 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.

57. Clause 7 of the Policy requires contamination and remediation to be considered in the determination of a development application. The consent authority must not approve of the carrying out of development on land unless it has considered whether or not the land is contaminated. If there is any trace of contamination, the determining authority needs to be satisfied that the site can be appropriately remediated and will be suitable for the proposed land use. This needs to occur prior to the determination being made.

58. The Concept Plan application was accompanied by a Stage 1 Environmental Site Assessment report prepared by Environmental Investigations and dated 22 November 2010. Historically the sites were occupied by a variety of commercial/industrial activities.

59. Stage 1 contamination assessment recommended that:

“In view of the historic activities, on-site areas of environmental concern were subject to soil and/or groundwater contamination. These areas comprised of an underground storage tank (UST) bowser and refuelling area, mechanical workshop areas, panel repairs and spray painting areas and imported fill materials used for site levelling….in view of the findings of Stage 1 ESA a field based investigation comprising of a Stage 2 Environmental Site Assessment is recommended focussing on soil sampling from the identified AECs with strategic groundwater sampling up-gradient and down-gradient of the UST and the rear workshop area to assess potential impacts to groundwater.”

60. A Phase 2 Detailed Environmental Site Assessment was prepared by DLA Environmental and is dated March 2012. Whilst this study considered the whole site comprising 21-35 Treacy Street and includes the legal description of the two subject sites (33 and 35 Treacy Street) no modelling, sampling or bore holes were included across these Sites as can be seen in Figure 8 below. As such the detailed assessment should be expended to conduct some sampling across the subject site. The Applicant was requested to provide additional details and information in relation to this issue. Despite this, the Phase 2 assessment prepared by DLA Environmental concluded that parts of the site are contaminated and recommended that a Remediation Action Plan (RAP) be prepared and implemented for the Site and following the remedial works being conducted a Validation report prepared.

Figure 8: Study area and bore hole and sampling locations as noted in the Phase 2 Detailed Environmental Site Assessment (courtesy: DLA Environmental, 2012)

61. A Remediation Action Plan (RAP) was prepared by DLA Environmental dated May 2012. The remediation of the Central and East Stages of the development and subsequent validation was conducted in accordance with the recommendations of this report. Given that the RAP did not clearly define the subject sites this process will need to be expanded and detailed to include 33 and 35 Treacy Street to ensure that the site can be appropriately analysed and ensure the land will be suitable for the proposed mixed use development.

62. To provide some further historical context to this issue, Council granted consent to Development Application No 12/DA-193 on 10 December 2012 for the demolition of existing structures, removal of an underground storage tank and associated remediation works to 23-31 Treacy Street Hurstville (Central Stage). This consent did not include 21, 33 and 35 Treacy Street Hurstville. In the case of the East Stage development (21-23 Treacy Street) approval, contamination remained an outstanding issue and was resolved by the implementation of conditions where the issue of contamination was to be resolved prior to the Construction Certificate. Although this is a standard practice by some Council’s, SEPP 55 requires certainty prior to the determining of the application that the site (if contaminated) can be made “good” and suitable for the intended land use. In this case the site has been found to be contaminated and it is important to ensure it can be suitably remediated to facilitate the proposed development. The Applicant was requested to prepare a Detailed Site Investigation and if remediation is required a Remediation Action Plan (RAP) developed.

63. The Applicant engaged EI Australia to prepare a Detailed Site Investigation (DSI), dated 1 April 2020. The investigations across the site included two (2) specific testing areas and boreholes and identified areas of fill material which reported elevated lead and asbestos contaminant concentrations within shallow fill that exceeded human health criteria and require remediation. The key findings of the DSI are as follows:

· The site was used for commercial businesses since the 1950’s including automotive repair-related activities including panel beating, spray painting and glass replacement.

· No underground storage tanks (UST’s) were expected to be present.

· The Environmental Protection Authority (EPA) had no outstanding notices or regulatory involvement in relation to the site in accordance with the Contaminated Land Management Act 1997 and the Protection of the Environment Operations Act 1997.

· The site nor its immediate surrounds were included on the List of NSW Contaminated Sites Notified to the EPA.

· Subsurface conditions were generalised as a layer of anthropogenic filling (up to a depth of 1.8m below ground level (BGL), overlying natural, residual, silty clays and shale bedrock.

· With the exception of lead evident in the fill sample as well as some asbestos the concentrations of contaminants of potential concern were found to comply with the adopted soil investigation levels applicable for residential sites with minimal access to soils.

· Ground water sampling could not be conducted, as the monitoring well was dry at the time of the monitoring event conducted on 25 March 2020. However local ground water contamination was unlikely given the DLA (2012) results and substantial depth to the water table. (Refer to the Integrated Development section of this report which discusses the impact of the development on ground water and the potential for dewatering).

64. Although the DSI found that site contamination was at low levels there are certain limitations in the testing and it recommended that the following procedures occur:

· Conduct a Hazardous Materials Survey (HMS) of current site structures (prior to site demolition)

· Prepare and implement a Remediation Action Plan (RAP) for the site, which provides the details of;

§ Procedures required for the effective management of impacted (fill) soils;

§ A SAQP for the validation of all remediation activities;

§ A waste management plan, ensuring all soil materials removed from the site (including virgin excavated natural material (VENM) are classified in accordance with EPA (2014) Waste Classification Guidelines;

§ Validation of any material to be imported to the site in accordance with EPA guidelines (confirming suitability for the intended use or be classified as VENM); and

§ A contingency plan to address unexpected finds, should they be encountered during any stage of the remediation and construction phases of the proposed development.

· Prepare a site validation report, certifying the land is suitable for the proposed use.

65. A Remediation Action Plan (RAP) was prepared by EI Australia, dated 23 April 2020 and outlines the methods and procedures that will be utilised to remediate the site to a condition suitable for the proposed mixed use development without the need for any ongoing environmental monitoring. This document was publicly advertised and notified for a period of 30 days in line with the provisions for Advertised Development pursuant to the Environmental Planning and Assessment Act 1979 provisions and legislation. The remediation works are classified as Category 2 works and technically do not require consent in accordance with the provisions of Clause 14 of SEPP 55.

66. The notification of the RAP generated a large amount of submissions which did not object or make any specific comment in relation to the RAP but rather objected to the development as a whole (refer to submissions section in this report for further comments on the process of advertising/notification).

67. The RAP outlines the preferred approach for remediation which involves excavation and off-site disposal of impacted fill materials which will occur in a staged manner (from site preliminaries through to validation and reporting). This process is detailed throughout the plan which also caters for the management of any unexpected finds. The RAP was referred to Council’s Environmental Health Unit for comment. No objection was raised subject to the imposition of conditions, if consent was to be issued. A condition will also be included that ensures the recommendations and procedures outlined in the RAP are implemented during the construction process.

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

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

69. A BASIX certificate accompanies the DA (BASIX Certificate No.945605M) verifying that the relevant water, energy and thermal comfort targets have been met by the proposal. Conditions of consent have been included in the recommendation to ensure the commitments required under the BASIX certificate will be satisfied by the proposed development.

Integrated Development

70. In accordance with Section 4.46 of the Environmental Planning and Assessment Act, 1979 (as amended) the proposal could be classified as “Integrated Development” as a water use approval, water management work approval or activity approval may be required pursuant to Part 3 Chapter 3 of the Water Management Act , 2000. The proposed works potentially fall within the requirements of Clauses 89 (water use approvals) and 91 (activity approvals) of the Water Management Act, 2000.

71. The Geotechnical report prepared by Asset Geotechnical which accompanies the application found that:

“groundwater is anticipated to be present within fractures in the bedrock, at deeper than about 6m to 10m” and in respect to dewatering the report stated that “some ground water seepage is anticipated through the bedrock. It is expected that this could be controlled by sump-and-pump techniques, and should not adversely affect adjoining developments”.

72. Given that the proposal includes five (5) levels of basement car parking it is likely that dewatering may be required and an activity approval needs to be granted. In this case the application was referred to Water NSW for their formal concurrence on 10 July 2020. To date no response has been received from this agency and concurrence could technically be assumed if there is no response provided within 21 days from the date of the referral in accordance with the EP and A Regulations. The issue of dewatering is technical and quite specific and if an activity application is required then the requirements are detailed through the referral process. Therefore, concurrence in this instance should not be assumed and it is recommended that the application not be approved until such time as Water NSW provides a formal response.

State Environmental Planning Policy (Infrastructure) 2007

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

74. The DA was referred to Ausgrid on 17 September 2019 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. At the time of writing this report, no response had been received. The DA may be determined in the event that no response has been received from Ausgrid within twenty one (21) days of notifying this agency. Draft standard conditions relating to Ausgrid requirements have been included.

75. Clause 85 (Development adjacent to rail corridors) and Clause 86 (Excavation in, above, below or adjacent to rail corridors) of the SEPP, are relevant to this DA on the basis that the proposal involves the construction of residential accommodation on land adjacent to the Illawarra Rail corridor which is immediately to the rear and the development located within 25m of the rail corridor.

76. The application was referred to Sydney Trains for comment and concurrence. On 16 April 2019 Sydney Trains requested further information to assist with the Engineering process and the cross-sectional drawings from the Structural Report provided will require additional information including:

· Basement structural support to rail boundary at the closest point;

· Rail boundary to the overhead catenary structure at the closest point; and

· Rail boundary to the nearest track centre at the closest point.

77. Updated horizontal distances and cross-sectional drawings were provided to Sydney Trains and as at 22 July 2020 State Rail informed Council that internal engineering reviews with the Applicant had recently been completed and conditions were being prepared. Therefore concurrence is considered to be imminent.

78. A Noise and Vibration Intrusion Assessment was prepared by Day Design and dated 21 August 2018. This report assessed the road traffic and rail noise and vibration intrusion and its impact on the proposed mixed use development. Long term traffic and rail noise levels were measured at two (2) locations (refer to Figure 9 below for logger locations).

79. The NSW Department of Planning published the “Development Near Rail Corridors and Busy Roads – Interim Guidelines” in 2008. The guidelines refer to clauses 87 (rail) and 102 (road) of the State Environmental Planning Policy (Infrastructure) 2007 for the noise criteria for developments affected by railway noise or traffic noise, which states the following:

“If the development is for the purposes of a building for residential use, 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 building – 35dB(A) at any time between 10.00pm and 7.00am

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

In addition, it also states that:

“if internal noise levels with windows or doors open exceed the criteria by more than 10 dB, the design of the ventilation for these rooms should be such that occupants can leave windows closed, if they so desire, and also to meet the ventilation requirements of the Building Code of Australia”

Figure 9: Locations of the noise logger (courtesy: Noise and Vibration Intrusion Assessment, Day Design, 2018)

80. Section 3.6.3 of the “Development Near Rail Corridor and Busy Roads – Interim Guidelines” requires vibration levels such as the intermittent vibration emitted by trains to comply with the criteria in the NSW EPA’s “Assessing Vibration: a technical guideline”. These guidelines establish acceptable levels of vibration which are referred to as “vibration dose levels”.

81. The report assumes that all bedrooms and lounge rooms will be carpeted and with kitchens and wet areas being the only spaces to have hard flooring. A condition will ensure this is integrated into the design. Based on the technical findings a series of recommendations have been proposed relating to specific acoustic treatment to facades, masonry treatment to external walls integrating a specific ceiling and roofing system, double glazing to windows and openings which also specifies the type of windows and doors to be utilised (sliding or casement window design preferred with interlocking stiles and Schlegel seals).

82. The application was also accompanied by an Environmental Noise Impact Assessment also prepared by Day Design and dated 21 August 2018. Unlike the Noise and Vibration Intrusion Assessment, this acoustic report aims to ensure that the noise impact from the development will not adversely impact nearby residences. To assess the impacts, it is necessary to measure the ambient background noise level. Figure 10 shows the location of noise loggers when conducting this assessment. The report considers the controls outlined in the Hurstville Development Control Plan No.2 (Amendment No.9) and also in relation to the controls stipulated in the NSW EPA Noise Policy for Industry and the Protection of the Environment Operations Act, 1997. The report concluded that the main noise sources from the proposed development will be from the mechanical ventilation and associated exhaust fans and condensers and also the impact of cars and vehicles entering and exiting the car park.

Figure 10: Locations of the noise logger (courtesy: Environmental Noise Impact, Day Design, 2018)

83. The recommendations of the report are broken up into several components relating to the following;

· Mechanical Plant – mechanical plant and equipment will need to be appropriately treated and sound proofed. It is recommended that prior to the Construction Certificate (CC) stage a detailed acoustic assessment be conducted once the exact location of the equipment is confirmed.

The report suggests a number of design criteria to be implemented to assist with reducing noise from mechanical plant and air conditioning systems including carbon monoxide monitoring system (this will activate the exhaust fans when required), lining ductwork, silencers could be implemented and vibration isolators should achieve minimum static deflection measures and it is recommended that fans be mounted on the roof are not located directly above living areas or bedrooms.

84. If the development approval is to be granted a condition of consent would be necessary to ensure the recommendations of the acoustic report are implemented during the construction of the building and appropriately certified to be consistent with the recommendations of the acoustic report after installation and prior to occupation.

85. The provisions and requirements of the Infrastructure SEPP have been addressed and satisfied by the proposal subject to the imposition of appropriate conditions.

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

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

87. 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).

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

89. No issues arise in terms of satisfying the provisions of the Vegetation SEPP, as there is no vegetation on the site considering existing structures cover the full extent of the Site. There is an existing street tree at the front of 35 Treacy Street. This tree will be retained and one (1) additional street tree to the east of this tree in line with the street planting for this development will be required. A consistent pattern of public domain works will also be required i.e. footpath paving and detailing, species of trees etc. This will be appropriately addressed through conditions.

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

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

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

92. This development is unique in that the Concept Plan approval acknowledged the “excellence in the design” originally proposed and very specific urban design conditions were attached to the approval. The original Concept Approval requested that the original design architect, Frank Stanisic be involved in all stages of the development and to ensure there is consistency in the design in terms of façade treatment and articulation. A design verification statement dated 1 August 2018 has been provided by Frank Stanisic Registered Architect (Registration No. 4480) in accordance with Clause 50(1A) of the Environmental Planning and Assessment Regulation 2000.The proposed building is consistent in design with the Concept Approval and subsequent S75W Modification approval. Modification No.3 has been submitted to the Department of Environment and Planning to slightly modify the building in the following ways;

· Extend the currently recessed snorkel windows by approximately 1m to improve solar access and amenity to the bedrooms. This is in line with the DRP’s recommendation.

· Locate the building directly on the western boundary (the concept approval included a 1m side setback). This is consistent with the intended design approach for mixed use developments in commercial centres.

· Reduce the number of retail spaces across the whole development as stipulated by a condition of the Modification No.1 approval.

· Remove the first floor retail floor space and replace with a residential dwelling.

· The overall bulk, scale and built form design remains as approved by the Concept Approval.

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

Design Review Panel

94. The initial plans that accompanied the application were referred to the Design Review Panel (DRP) on 4 October 2018. In general, the Panel raised no objection to the proposal and their comments are summarised in Table 1 below in respect to the Nine (9) Design Quality Principles of SEPP 65.

Table 1: Assessment against the Design Quality Principles of SEPP 65

SEPP 65 – Design Quality of Residential Flat Buildings

DRP Comment

General comment

Context and Neighbouring

Character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well-designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

This is the second stage of a major residential development located between Treacy Street and the railway line at Hurstville. The first stage comprising two (2) x sixteen (16) storey towers has been completed and is understood to be partly occupied. The current application immediately adjoins the completed development separated by a party wall and sharing access to the basement parking already provided in that development.

The Council site to the west which is currently an open car park is understood to be proposed for development of a similar height and density.

This final stage of the larger integrated development across 21-35 Treacy Street which is consistent with the character and design of the larger development and in keeping with the concept approval.

Built Form and Scale

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

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

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

The proposal is for a thirteen (13) storey tower built boundary to boundary. The height was determined, the Panel understands, by an overall site masterplan which regulates height and density.

The form and scale of the application appears satisfactory within the evolving context.

The height of the building is below the concept plan approved “maximum height” of 55m or 16 storeys. The adjoining buildings (Stage 1 and 2) are 16 storeys in scale whilst the proposed final stage building steps down and is proposed at 13 storeys which translates to an overall maximum height of approximately 45m.

The built form, scale and building envelope is consistent with the Concept approval.

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.

The current proposal was advised by the applicant to have a FSR of 5.6:1 for this site. The proponent advised that this complies with the overall masterplan for the full site FSR recommended at 5:1. It is noted that the LEP provides FSR of only 3:1 which is now to a large extent irrelevant.

The concept approval permitted a maximum GFA across the whole site of 28, 474sqm which translates to an FSR of 6.68:1 across the whole site (21-35 Treacy Street). Although the building footprint and building envelope and form is consistent with the Concept approval, the previous two (2) stages of development have ‘eaten into’ the total GFA more than originally anticipated and with the inclusion of winter gardens in GFA the proposed development exceeds the GFA by 800sqm (equating to a 2.6% variation across the entire development site). Although there is an exceedance in the GFA this is a numerical technicality as there is no alteration to the bulk, scale, form and density of the proposal as envisaged and approved by the Concept Plan. The issue of floor space is discussed in more detail later in this report.

The density comprises of a mix of forty one (41) apartments which is consistent with the original approval.

Sustainability

Good design combines positive environmental, social and economic outcomes.

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

Subject to BASIX

BASIX compliant

Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

The landscape drawings did not provide adequate detail or content to draw satisfactory conclusions on landscape proposals.

The proposal has a very high site cover with very little deep soil opportunity. It is suggested that the proponent investigate capacity for improving deep soil conditions on the southern side of the site adjacent to the railway line where and if possible by way of re-configuring part of the Level 1 Basement to Level 4 Basement and thus providing an extra level of deep soil.

The street front landscaping on Treacy Street should complement the existing new planting on the completed part of the development site to the east. This may require the removal of the existing Paperbark tree in the footpath.

This is the final stage of the development. It is a small site with a narrow frontage of only 24.42m with a depth of some 36m.

Although the Panel state that the building has “very high site coverage”. The site coverage and building alignment in terms of the front and rear setbacks is consistent with the adjoining buildings (Stage 1 and 3) of the development and creates a rear courtyard area to be used as common open space. The Applicant states that this courtyard will comprise of 240sqm of “deep soil” which has been created by “filling in” a section of the ground floor area and raising this area by some 3m. This will allow for nearly all of the rear courtyard to be well landscaped and vegetated. The proposal seeks to have some of this area paved however a condition will require the whole space be softly landscaped with lawn, planter boxes, trees and vegetation. The rear boundary will include larger, mature tree species to create a green buffer and transition to the railway line.

Amenity

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

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

The amenity of the units would be of good standard and compliant with ADG recommendations.

The following detailed issues should be addressed:

· Ensure continuity of covered footpath area to give access to future development on Council’s site to the west

· The snorkel in the second bedroom units is rather deep and could be improved by moving the window a metre or so forward to provide a small desk space or similar. Since this is to improve amenity it would be acceptable as small addition to the FSR

· Balconies on the north western corner for the full height of the building should be screened to ensure adequate protection from the winds

· Provide small enclosed common space and amenities on the roof adjacent to the roof garden. This also would enhance amenity and the very small additional amount of FSR is acceptable.

· The roof garden should be screened to ensure adequate protection against strong winds

The proposed development includes an awning over the ground floor retail tenancies and entry to the building which will be integrated with the existing awning to the other buildings to the west.

A condition will be imposed to move the snorkel window for the second bedrooms out a further 1m so there is a small amount of additional floor space which could allow for a small desk to be placed in this space as per the Panel’s recommendation.

A condition will require full height privacy screens to the balconies along the north western sides of the building.

The Panel request that an enclosed common space with amenities be included within the roof top common open space because this space adjoins the community room that is adjacent to the roof top area and will satisfy the intention of providing a publicly accessible but enclosed space.

The rooftop area of open space has access to a WC located within the lobby at L13.

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

Satisfactory. The building is built boundary to boundary with a high fence to the rear and western boundary providing added security and protection. The building will have standard security measures.

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.

Housing diversity is satisfactory with a mixed range of units.

See comments above under ‘Amenity’ and ‘Landscape’.

It is important that a clear statement of intent and function is provided for the roof garden area.

Mix and diversity of apartments provided which satisfies this design quality objective.

The roof top area of open space has been designed so that it is flexible and will be able to be used by the units within the Central stage (adjoining building 23-33 Treacy Street).

A condition will be imposed to ensure an easement for access is created so that the rooftop area of communal open space (like the community room) can be accessed via the community room and used by all occupants of the development as intended by the Concept Approval.

Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure.

Good design uses a variety of materials, colours and textures.

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

The aesthetics are generally considered acceptable however the following possibilities should be explored:

· Provide greater articulation between the existing building and the subject proposal by way of recessed areas, architectural detail, etc.

· Investigate the possibility of colour/shading variations to the balustrading and/or the wall surfaces in this new extension, in order to enhance the overall character of the north and south facades of this very large development

Provide some articulation and detailed refinement to the large blank wall to the west, which could well be exposed for many years pending resolution of the future of the Council’s car park site

The Panel has suggested that the Designer/Applicant reconsider some of the design and aesthetic qualities expressed in the building.

The design of the building is consistent with the Concept Approval and will sit comfortably in the context of the larger Site and will be well connected to the adjoining building.

In respect to the proposed blank wall along the western side it is agreed that this will be a very tall, visually dominating wall and needs to be treated well to reduce its visual bulk. It is recommended that part of the first two (2) – three (3) levels are treated differently and maybe include a mural or some street art as this is an exposed wall and will give it some expression and creativity. Given it faces a public car park it will be highly visible. A condition will be imposed to look at options in treating this element.

95. In conclusion the Panel “supports” the application subject to resolving some of the issues highlighted above.

Apartment Design Guide

96. Clause 28 of SEPP 65 requires the consent authority to take into consideration the provisions of the Apartment Design Guide. An assessment of the proposed development against the relevant design criteria of the Apartment Design Guide (ADG) is detailed in the compliance table below.

Table 2: Compliance with Parts 3 and 4 of the Apartment Design Guide

Part 3 - Siting of the development
Section	Design Criteria	Proposed	Comply
3D - Communal and public open space	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 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 roof top communal open space has an area of 485sqm whilst the rear ground floor communal courtyard has a total area of 240sqm. This amounts to a total area of communal open space of 725sqm which amounts to 82% of the site area which is well over the minimum required.	Yes
3E – Deep soil zones	Deep soil zones are required at a sliding scale in this clause. For a site area of 650sqm – 1500sqm, the deep soil zone requirement is 7% with minimum 3m dimensions.	The rear courtyard area is designated as deep soil as it will comprise of 3m of soil depth. This is considered to be enough to provide for larger trees and soft landscaping within this space. The courtyard has a total area of 240sqm which amounts to 27% of the site which satisfies the minimum numeric requirement. The minimum dimensions of this space are 3m. There is currently no existing trees on the site and the development will improve the existing situation whereby the site is fully covered by buildings and there is no landscaped area or deep soil area provided.	Yes
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 Over 25m (9 storeys and over) Habitable – 12m Non-habitable – 6m	Part 3F relates to “visual privacy” and aims to establish 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 in residential zones. 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. The pattern of development, built form and design intent for this area has been established by the existing buildings at 21-33 Treacy Street. The ADG states that “no separation is required between blank walls” which is adopted in this case. The rear setback of the building from the railway line varies from 10-15m. The separation along this side to the closest residential properties which are located along Railway Parade (540-550 Railway Parade) over 30m away so the physical separation along this side is considered substantial.	Yes acceptable given the site is located within a commercial zone
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 design creates two separate entries to each retail tenancy on the ground floor with a recessed, spacious central residential entry lobby area which has a regular shape and area of 49sqm. This is a well located and designed space that will be functional and easily identifiable.	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	Given the narrowness of the site, parking and access arrangements could not be catered for within the site. The Concept Approval for the development as a whole designed access to both the east and west stage buildings through the central stage building which was the largest and longest building. This design approach minimises driveway access points and crossovers which is a benefit to the streetscape. The proposed design complies with the Concept approval. The Central Stage building (23-33 Treacy Street) known also as Imperial Hurstville was built with a series of easements “for access” on the title to allow for future openings for vehicles associated with this building and with the building at 21-23 Treacy Street. The proposed vehicular entry is from the eastern side of the building (adjoining the east stage) and utilises the existing ramps within the central building to access two openings in Basement Levels B3A, B3B, B2A and B2B, B1A and B1B and one opening in B1C. These openings align with the easements within the subdivision plan for the Central stage. This issue is discussed in greater detail later in this report.	Yes
3J – Bicycle and car parking	For development in the following locations: • on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or • on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre, the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less. The car parking needs for a development must be provided off street	The site is within 800m of the Hurstville Railway Station and located within the B4 Mixed Use (commercial) zone. The parking provisions within the ADG are applicable to this development. This development falls in the high density RFB category as the building contains more than 20 dwellings. The site is classified as a “Metropolitan Sub-Regional Centre” and the following parking rates apply; *Residential standards* 0.4 spaces per 1 bedroom unit 0.7 spaces per 2 bedroom unit 1.2 spaces per 3 bedroom unit 1 space per 7 units (visitor parking) *Residential (required)* 0.4 x 7 = 3 spaces 0.7 x 19 = 14 spaces 1.2 x 15 = 18 spaces 41/7 = 6 visitor spaces Total = 41 spaces required for the residential component *Residential (Provided)* Total of 74 spaces broken down into the following; 11 x visitor spaces 7 x retail spaces 56 x resident parking spaces A total of 16 bicycle spaces are provided The development satisfies the ADG parking provisions however Condition No. A8 of the Concept Approval (as Modified by Mod 1) required that residential parking provision shall comply with the Hurstville City Council Development Control Plan No.2. This is addressed in detail later in this report.	Yes however condition on the Concept Plan (as amended by Mod 1) regulates the calculation of retail parking across this Site and requires parking rates to be calculated in accordance with the Hurstville DCP No.2 parking rates.
Part 4 – Designing the Building
4A – Solar and daylight access	Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9am and 3pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm at mid-winter	The building is north-south facing and this orientation is ideal for north facing apartments. The development has minimised apartments facing south, at least by way of having bedrooms facing this side where possible. In this case the submitted solar diagrams which have been assessed to be generally accurate indicate that there are a total of seven (7) apartments which will not achieve a minimum of 2 hours of solar access into their living spaces. This amounts to 17% which exceeds the maximum of 15%. This is considered to be a minor non-compliance and is supported. Most apartments have been orientated to have living spaces and balconies facing north west, north or north east. A total of thirty four (34) apartments satisfy the solar access provisions which amounts to 83% of the development. Many of these apartments particularly on the upper levels exceed this requirement and receive more than two (2) hours of sunlight throughout the day.	Yes
4B – Natural ventilation	At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed. Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.	A minimum of 25 apartments need to be cross-ventilated to achieve the 60% minimum requirement. Natural cross ventilation is achieved by apartments having more than one aspect with direct exposure to the prevailing winds. Most apartments have been designed to be dual aspect and the depth of the apartments (about 17m on average) will improve air flow and circulation within the dual aspect apartments. A total of 29 apartments are designed to allow for cross ventilation which amounts to 70% of the development which is compliant.	Yes
4C – Ceiling heights	Measured from finished floor level to finished ceiling level, minimum ceiling heights are: · Habitable rooms 2.7m · Non-habitable rooms 2.4m · For 2 storey apartments: 2.7m for main living area floor 2.4m for second floor, where its area does not exceed 50% of the apartment area · Attic spaces: 1.8m at edge of room with a 30 degree minimum ceiling slope · If located in mixed use areas - 3.3m for ground and first floor to promote future flexibility of use These minimums do not preclude higher ceilings if desired.	The floor to floor heights for the apartment levels are 3.05m which will allow for the finished floor to ceiling heights to achieve 2.7m. The ground floor retail level has a floor to ceiling height exceeding 5m for Retail No.1 tenancy which includes a void area whilst Retail No.2 has a split level design so its floor to floor height is lower and 3.73m and if the slab is taken out it will achieve the 3.3m minimum. The heights at all levels have been designed to be consistent with the heights of the adjoining building as it needs to connect and achieve the same heights at each level so that it appears to be integrated in appearance.	Yes
4D – Apartment size and layout	Apartments are required to have the following minimum internal areas: Studio – 35sqm 1 bedroom – 50sqm 2 bedroom – 70sqm 3 bedroom – 90sqm 4 bedroom – 102sqm The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5sqm each A fourth bedroom and further additional bedrooms increase the minimum internal area by 12sqm each.	The internal apartment sizes comply with the minimum requirements of the ADG apart from the 4 bedroom apartments which have an area of 100sqm. This non-compliance is considered minor and the internal amenity of the apartment is satisfactory. The unit layouts and sizes comply with the minimum requirements. All apartments include a minimum of one (1) bathroom most include ensuites for the master bedrooms.	Yes
	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.	Every room has a window however the Panel criticised the design of the snorkel windows in the second bedrooms and requested that these be extended out a metre or so to improve the amenity within these spaces. A condition is imposed to address this issue. These windows shall also be full height which will allow more light to penetrate into the spaces. This is consistent with the Modification application currently under consideration by the Department of Planning, Industry and Environment.	Yes
	Habitable room depths are limited to a maximum of 2.5m x the ceiling height.	Room depths for bedrooms are within the 6.75m requirement however where there is an open plan kitchen the room depth is approximately 8m which is acceptable given that some apartments only have a width of 4.855m and 5.1m for the narrower units.	Generally compliant
	In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window	Within prescribed standards with the open plan layouts having maximum living/dining room depth of 8m.	Yes
	Master bedrooms have a minimum area of 10sqm and other bedrooms 9sqm (excluding wardrobe space)	All master bedrooms comply.	Yes
	Bedrooms have a minimum dimension of 3m (excluding wardrobe space)	All bedrooms comply.	Yes
	Living rooms or combined living/dining rooms have a minimum width of: · 3.6m for studio and 1 bedroom apartments · 4m for 2 and 3 bedroom apartments	All living rooms comply with minimum widths of 4.855m	Yes
	The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.	All of the proposed units are in excess of 4m in width internally with the minimum width of 4.85m and 5.1m.	Yes
4E – Private open space and balconies	All apartments are required to have primary balconies as follows: · Studio apartments require 4sqm with no min depth · 1 bedroom apartments require 8sqm with min depth 2m · 2 bedroom apartments require 10sqm with min depth 2m · 3+ bedroom apartments require 12sqm with minimum 2.4m depth The minimum balcony depth to be counted as contributing to the balcony area is 1m. 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.	All balconies achieve the minimum area and depth requirements associated with the unit type. Balconies for one (1) bedroom apartments have a minimum area of 10.5sqm. Two (2) bedroom units have balconies with minimum area of 10sqm with most balconies having an area of 12.5sqm. The three and four bedroom apartments have balconies with minimum areas of 12.5sqm. The eastern and western most 3 and 4 bedroom apartments have two (2) balconies a larger north facing balcony with an area of 12.5sqm and a secondary southern facing balcony with an area of 10sqm, 10.5sqm and 7sqm areas. The south facing balconies have been designed as “wintergardens” which is a requirement of State Rail Authority as balconies along the rail corridor need to be largely enclosed to reduce the impact of noise and potential for throwing objects onto the railways tracks. The adjoining buildings have had their south facing balconies treated in the same manner so this design is consistent. The Applicant has amended the treatment of these semi-enclosed spaces to create light translucent glazed features and louvres. Figure 11 below shows the design treatment for these elements which is considered to be satisfactory. A condition will require the bottom fixed glass element to be constructed of obscure glass so you minimise the potential of seeing through to this space which can be cluttered and messy when viewed from the railway line. There is only one apartment (1001) that has ground floor access. It is a one (1) bedroom apartment with a small recessed balcony along the northern side and with access to the rear communal courtyard.	Yes Yes
Figure 11: Proposed visual treatment and design of the south facing winter gardens.
4F – Common circulation and spaces	The maximum number of apartments off a circulation core on a single level is eight.	A maximum of four (4) apartments access the main lift core.	Yes
4F – Common circulation and spaces	For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.	For levels 9, 10, 11 and 12 there are only three (3) apartments per floor as the larger units are located on these upper levels.	Yes
4G - Storage	In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided: · Studio apartments 4m³ · 1 bed apartments 6m³ · 2 bed apartments 8m³ · 3+ bed apartments 10m³ At least 50% of the required storage is to be located within the apartment.	There are forty (40) individually designated storage cages located within Basement B1C. This is deficient by one (1) storage space for a unit as there are forty one (41) units in total. A condition will require one (1) additional cage to be included in the basement. There is ample space near the hoist to cater for this.	Yes – subject to a condition requiring the inclusion of an additional storage cage in the basement.
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	An assessment in respect to the acoustic compliance of the scheme has been discussed in detail above. Conditions have been imposed to ensure that all the findings and recommendations of the acoustic assessment will be implemented during construction and that validation be provided post construction.	Yes
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 design solution within the ADG which seeks to minimise noise and acoustic impacts have been considered through the design and layout of apartments. If the application was to be supported a condition for compliance with the acoustic criterion would be imposed. The site is located within the Hurstville Commercial Town Centre and adjacent to the railway line and as such it is expected that there are several existing noise sources that will provide some environmental impact but the design seeks to manage and minimise these impacts in the best possible manner.	Yes
4K- Apartment Mix	A range of unit types and sizes is provided to cater for different household types now and into the future The unit mix is distributed to suitable locations within the building	The development offers a mix of 1, 2, 3 and 4 bedroom units and these are distributed in the following manner; 7 x 1 bedroom units = 17% 19 x 2 bedroom units = 46 % 11 x 3 bedroom = 27% 4 x 4bedroom = 10% Total = 41 units (100%)	Yes
4L – Ground floor apartments	Street frontage activity is maximised where ground floor units are located. Design of ground floor units delivers amenity and safety for residents	No ground floor units propose access Treacy Street. The ground floor is taken up by two (2) retail tenancies which is more appropriate given the site is located within a mixed use zone and setting and is defined as shop top housing.	N/A
4M- Facades	Facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale.	The building façade provides articulation along the street frontages at an appropriate scale. The design is consistent with the Concept Approval and aligned with the design and visual appearance of the other two (2) stages of the development which have been completed and it is a requirement of the concept approval that the development as a whole be consistent in design and composition. The existing buildings include aluminium composite cladding in a gold colour. This is a predominant feature of the development, however Council has requested on several occasions to justify that this cladding is not combustible. The Applicant has provided Council with evidence that any newly proposed cladding will comply with the new National Standards for combustible building materials. A condition will ensure this is satisfied.	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.	The roof design is a standard flat roof form with an area of communal open space that will be accessible for the occupants of the adjoining development “The Imperial”. Level access from the thirteenth (13) level through to the roof top area of open space is a requirement and design feature of the original approval. New occupants of this development will in turn be able to access and utilise the community room located on the thirteenth floor in the Imperial development.	Yes
4O – Landscape Design	Landscape design is viable and sustainable, contributes to the streetscape and amenity	Suitable landscaping has been proposed which complies with minimum requirements. Additional conditions will be imposed to improve the landscaping across the site and provide the following features; - The rear ground floor courtyard to be softly landscaped with lawn and the provision of more seating and furniture. - The rear of the ground floor courtyard shall include a row of larger, established trees to provide a dense green buffer and transition to the railway line. - Some additional planter boxes are to be introduced along the periphery of the roof top terrace area.	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	Suitable landscaping is proposed as part of formal Landscape Plan.	Yes
4Q – Universal Design	Universal design – design of units allow for flexible housing, adaptable designs, accommodate a range of lifestyle needs	Satisfactory, six (6) adaptable units are proposed for Apartments 201, 301, 401, 501, 601 and 701.	Yes
4R – Adaptive reuse	Adaptive reuse as unit of existing buildings- new additions are contemporary and complementary, provide residential amenity while not precluding future adaptive reuse.	N/A as the development is new.	N/A
4S Mixed Use	Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement Residential levels of the building are integrated within the development, and safety and amenity is maximised for residents.	The proposal provides an active street frontage and a practical connection between the development and the public domain. The ground floor retail components are consistent with the retail areas within the adjoining buildings as part of the Central and East Stages. The residential component is separated from the retail component to a large degree with a main formal entry to the residential levels above maximising safety for occupants and visitors.	Yes
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	The proposal is BASIX compliant	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	Satisfactory Council’s Engineers have reviewed the stormwater and drainage design and these are considered acceptable subject to the imposition of conditions.	Yes
4W – Waste Management	Waste management – storage facilities are appropriately designed, domestic waste is minimised by convenient source separation and recycling	The proposal has been designed to include a hoist that services the waste room (located on the ground floor level) via the hoist to the Basement (B1E) where the bins are released out to the loading bay within the Imperial Building for collection. The strata plan for the adjoining Imperial development SP90749 includes a series of easements (a total of six) for access for the future development of this west stage connecting through to the central stage. The Loading Dock is to be shared as the easements allow for “access” (vehicular), “waste collection” and “pedestrian access”. The width of the points of access are 1m, 3m and some are “variable” meaning it is unclear how wide some of the points of access are required. Although the hoist is to be predominantly used for waste disposal, it can also be used to assist with furniture delivery or removal etc.	Yes – Further comments are provided later in this report in relation to the number of waste bins, their location and compliance with Council’s Waste Management Policy.
4X – Building Maintenance	Building design provides protection form weathering Enables ease of maintenance, material selection reduces ongoing maintenance cost	Satisfactory. It is in line with the materials, colour palette and finishes that are consistent with the adjoining buildings.	Yes

97. The proposed development has been designed to comply with the design principles and design standards of the Apartment Design Guide. Where compliance has not been fully achieved the variation is considered to be minor and the design response is considered to be satisfactory and consistent with the intent of the criterion and not compromise the internal amenity of the apartments or impact the adjoining development r public domain.

Draft Environmental Planning Instruments

Draft Environment SEPP

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

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

· Changes proposed include consolidating the following seven existing SEPPs:

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

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

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

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

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

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

100. The proposal is generally consistent with the provisions of this Draft Instrument as it is not removing any established vegetation and there will be no tree loss. In fact, the proposal will improve the landscaping outcome. It aims to provide some mature and established trees, plants and vegetation at the rear of the site and within the roof top. This will improve the relationship of the site to its immediate neighbouring property to the south. The new area of green, open space and larger setback and separation is a better outcome than the current situation where the totality of the site is built up.

Draft Remediation of Land SEPP

101. 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.

102. 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 10.7 Planning Certificates.

103. 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.

104. With additional information being provided in relation to contamination and the Detailed Environmental Assessment and RAP being extended to include the subject sites it is considered that the information provided in respect to contamination is acceptable and complies with the Draft SEPP provisions.

Concept Plan Approval Commitments and Conditions

105. It is important to ensure the development proposal satisfies the conditions of the Concept Plan Approval and the S75 Modification Application (MP_0101 MOD 1) as the conditions pertain to future developments across the Site. Table 4 below considers the compliance of the proposal against the terms of both approvals (the strike through sections are the changes that remove parts and the bold sections are additions to the conditions approved pursuant to the Section 75W Modification (Mod 1) approved on 4 September 2012).

106. The Concept Approval conditions were broken up into four (4) parts;

· Part A Terms of Approval – these are the key planning conditions that need to be adhered to.

· Part B Modifications – these are conditions that require changes to the design and built form.

· Schedule 3 Future Environmental Assessment Requirements – these are design and amenity provisions that are generic and will need to be satisfied by the future development applications for all stages of the redevelopment.

· Schedule 4 Statement of Commitments – these are future design commitments that need to be met by the future DA’s.

107. Table 4 below considers the design and layout of the proposal against all the conditions of the Concept Approval and Mod 1.

Non-compliances with the Concept Approval

108. When assessing the proposal against the Concept Approval there are a few numerical non-compliances and anomalies predominantly in respect to Gross Floor Area (GFA). Council sought Legal advice which confirms that technical non-compliances with the Concept Approval can only be addressed by modifying the conditions of the approval via a Section 75W Modification. The non-compliances are discussed in more detail below.

Gross Floor Area

109. After conducting a detailed assessment of the proposal it was found that the development exceeded the maximum gross floor area (GFA) as stipulated by the Concept Approval as this stage of the development is the final stage. Condition 1A(c) established the maximum GFA across the whole redevelopment site and stated that:

A “Maximum GFA of 28,474m² (26,775m² residential, 1,499m² retail & 200m² community space) and Maximum number of 257 dwellings”.

110. Mod 1 removed the total number of dwellings required as part of the development. It was found that the total GFA across the whole site had a total GFA of 29,274sqm which exceeds the maximum amount by approximately 800sqm of floor space. The proposed built form arrangement of the development is consistent with the approved Concept Plan for this final stage and the actual floor space for the building “as proposed” is relatively the same as was envisaged by the Concept Approval. The excess in the floor space is largely a result of the previous stages (Central and East) taking up more floor space than was originally envisaged. Again, the built forms of the Central and East stage buildings are consistent with the Concept Approval however the concept approval wasn’t as detailed as the future project applications and therefore some additional floor space has been included that was not captured at the Concept stage i.e. the winter gardens which technically contribute to GFA but at the time were not considered to be floor space. The increase in the floor space across the whole development site amounts to some 3% which is considered to be a minor variation and will not be readily discernible given the height and scale of the development is consistent with the concept approval.

111. Table 3 below shows the detailed breakdown of GFA across the site since the Concept Approval was issued. The Applicant was requested to formally address the issue of non-compliance with the GFA.

Table 3: Calculation of GFA across the Site since the Concept Approval

GFA Compliance 21-35 Treacy Street, Hurstville (Stages 1, 2 and 3)

Development Approval

(Stage)

GFA Proposed/Approved

Subtotal (remaining GFA) at each stage

Concept Approval

21-35 Treacy Street

MP_0101

PAC Approval, July 2011

Max total GFA = 28,474sqm

28,474sqm

S75W Modification

21-35 Treacy Street

MP_0101 Mod 1

PAC Approval, 4 September 2012

Mod changed distribution of floor space between retail and residential

Max total 28,474sqm

Residential – 26,775sqm

Retail – 1,499sqm

Community – 200sqm

28,474sqm

Stage 1

Central Stage

23-33 Treacy Street

DA2014/1066

JRPP approved “Deferred Commencement” on 20 May 2015, consent activated 1 June 2015

Approved – 22,209sqm

Residential – 21,197sqm

Retail – 1,012sqm

(community 200sqm included within retail component)

6,265sqm

Stage 2

East Stage

21-23 Treacy Street

DA2016/0073

Delegated authority 21 December 2016

Approved – 1,669sqm

Residential – 1,452sqm

Retail – 217sqm

4,596sqm

Modification Stage 2

East Stage

21-23 Treacy Street

S96(1A) DA2018/0006

Delegated Authority 15 February 2018

Amendment to DA2016/0073 to create a mezzanine level to the retail area (additional 149qsm)

4,447sqm

Stage 3

West Stage

33-35 Treacy Street

DA2018/0366

Under Assessment – Georges River LPP

Proposed – 4,986sqm (without winter gardens original calculation)

Actual – 5,247sqm

(including 220sqm for winter gardens and approximately 41sqm contributing to the extension to the bedrooms by increasing the length of the snorkel window)

4,447sqm

(additional 800sqm of GFA proposed)

112. The Concept Approval was determined in accordance with the provisions of Part 3A of the Environmental Planning and Assessment Act (EP&A). In 2011 the NSW Government repealed Part 3A of the EP&A Act, which has been replaced with State Significant Development (SSD) and State Significant Infrastructure (SSI) provisions. Schedule 2 of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (STOP) includes the transferred transitional arrangements on repeal of Part 3A which was the former Schedule 7 of the Act. Schedule 2, 3B outlines a series of provisions that need to be considered when assessing development for which a concept plan has been approved under the former Part 3A.

113. The Applicant’s Town Planner and Legal representative provided Council with formal written advice dated 19 March 2020 and 25 March 2020 respectively to justify that the exceedance in the GFA which concluded that the proposal satisfies clause 3B (2)(d) which states that:

“a consent authority must not grant consent under Part 4 for the development unless it is satisfied that the development is generally consistent with the terms of the approval of the concept plan”.

114. The Applicant’s advice relied on the development being “consistent” with the concept approval and argued this consistency since the built form, architectural integrity and building envelope as proposed is the same as the Concept Approval. It is acknowledged that the scale, height, layout and general visual appearance of the building is consistent and the same as the approved form. Furthermore, the Applicant’s consultant and legal representative referred to clause 3B (2) (f) of the STOP provisions which states that:

“the provisions of any environmental planning instrument or any development control plan do not have effect to the extent to which they are inconsistent with the terms of the approval of the concept plan” and signifies that a Clause 4.6 Statement is not required as the concept approval overrides the environmental planning instrument, in this case the provisions within the Hurstville Local Environmental Plan (HLEP).

115. Council sought independent legal advice to review and confirm the advice provided by the Applicant. Council’s legal advice did not concur with the Applicants interpretation of the STOP provisions. Council’s legal advice does not believe the issue of consistency is relevant or able to be considered in this instance and the proposal must comply with the conditions of the Concept Approval which have become the new planning controls and provisions in accordance with Clause 3B(f) of the STOP regulations. So in this case where there are strict prescriptive conditions restricting floor space or height to a maximum numerical control these must be adhered to and any variations can only be approved by modifying the Concept Approval. The opinion states that

“Clause 3B(2)(d) is in the form of a prohibition, in that the consent authority ‘must not’ grant consent under Part 4 for the development, unless it is satisfied that the development is “generally consistent” with the terms of the approval of the concept plan…..That is cl.3B(2)(d) is a gateway through which a development application must pass in order for a consent authority to have power to grant consent to the DA”.

116. Council’s legal advice goes further to state:

“that it is not sufficient to reach the conclusion that the DA and the Concept Plan are “generally consistent” and on that basis grant consent to the DA” and believes the Applicants legal advice ignores the “development standards in the Concept Approval, which include condition A5, have effect”.

117. In summary, the Concept Approval conditions override the existing planning controls and establish the new statutory provisions that need to be satisfied and adhered to when assessing any future development applications. In the case of the previous DA’s for the Central and East stage the floor space was well within the maximum permitted and these developments generally complied with all the conditions of the Concept Approval. Given this application is the final stage in the redevelopment of the site there are a number of conditions that now cannot be met or satisfied due to the impact of the previous stages taking up more floor space than was conceptually realised.

118. In response to Council’s legal advice and interpretation of the proposal against the STOP provisions the Applicant has submitted a modification application to the Concept Plan with the Department of Planning, Industry and Environment (MP10_0101 Mod 3) which seeks modification to the following conditions:

· Condition A5 – Gross Floor Area

119. The proposed development has been designed largely to be consistent with the built form, architectural appearance, bulk, height and scale of this stage as represented in the Concept Plan; however the maximum gross floor area has exceeded the maximum 28,747sqm required as per Condition A5. The exceedance of approximately 800sqm is contributed by the following;

- The development has been designed to have a nil side setback along the western side. The Concept Approval relied on a 1m setback along the western side. The expectation of any building within a mixed use zone is to have a nil side setback so this design feature is considered to be an improvement in the built form.

- The proposed winter gardens which are consistent with the Concept Approval plans were at the time not calculated as GFA across the whole development site. Since that time these elements are considered to be floor space in accordance with the GFA definition.

- The snorkel windows to some bedrooms have been extended by 1m in length which is additional floor space within the bedroom by extending it. This was requested by the Design Review Panel and improves the internal amenity of the spaces without increasing visual bulk as the spaces are still recessed behind the front façade.

- The take up of additional floor space by previous development stages for Central and East (1 and 3) buildings as the concept stage plans were largely generic and the development applications are more detailed and prescriptive.

120. As a result of these changes it is requested that Condition A5 be modified to accommodate the increased floor space. From a planning perspective the proposed changes are considered minor, beneficial and the additional floor space will not adversely affect the bulk and scale of the building.

· Condition A1(c) – Breakdown of floor space

121. As a result of the additional GFA, this alters the distribution of floor space between uses. Condition A1 (c) limits the amount of floor space for residential purposes to ensure there is a sufficient mix of uses and there is a minimum amount of retail floor space provided. The intent of the condition is to ensure retail uses and their floor space is not diluted and reduced. The condition requires the following breakdown:

“Maximum GFA of 28,474sqm (26,775sqm residential, 1,499sqm retail & 200sqm community space)”.

122. The 200sqm of community space has been captured within the Central stage and a large communal room has been dedicated for this purpose. In respect to the breakdown of retail to residential floor space this has been altered by all the previous development approvals and modifications across the site.

123. Originally the Concept Plan for this stage included two (2) ground floor retail tenancies and a first floor retail/commercial tenancy. The proposed first floor retail tenancy has been deleted and replaced with a residential unit. This development is located on the edge of the Hurstville Town Centre and is by no means envisaged to be an “attractor” for retail or commercial uses. The retail activities at this site will be secondary, small scale and seen as complimentary uses. The Applicant seeks to remove the first floor commercial/retail component and replace it with a residential apartment however retain the two (2) ground floor retail tenancies which is considered satisfactory and consistent with the adjoining buildings. This will alter the distribution of floor space across the two (2) dominant land uses (retail and residential) across the site.

· Condition A8 – Parking numbers and distribution

124. Condition A8 states that “Residential Parking provision shall comply with Hurstville City Council Development Control Plan No 2 requirements and a minimum of 79 30 parking spaces for retail uses and 5 spaces for community uses.” This condition was modified by Mod 1 and the total number of retail spaces were reduced and a minimum of 5 spaces designated for the community use. The 5 community car parking spaces have been catered for in the Central Stage and this has been confirmed by reviewing the Strata Plan. The number of retail spaces catered for by East Stage is five (5) and a minimum of seventeen (17) spaces are provided for the Central Stage. A total of 22 spaces have been catered for across the previous two (2) stages. The final stage provides for seven (7) retail spaces which will create a deficiency of one (1) car space. The deficiency of one retail car space across the whole site is considered a minor non-compliance given that the site is highly accessible and adjoins a large public car park.

125. This is not considered to be a reasonable response simply to achieve compliance. It is unlikely that the additional retail spaces will be utilised by the other stages as they will be physically removed from the retail shops and access from the parking to the retail tenancies is inefficient. Also the additional spaces should be dedicated to the residential component as they are more likely to utilise these spaces. Again in this case, the fact that the development reduces the amount of retail floor space is also partially a result of the lack of retail spaces and due to the numerical compliance with this condition not being achieved in the development’s totality the condition will need to be amended to cater for a maximum of twenty seven (27) retail spaces rather than thirty (30) spaces. This achieves compliance across the site.

126. The Applicant has submitted a formal modification to the Concept Approval and if this modification will be approved then this application will be fully compliant with the Concept Plan as amended. The recommendation of this report is to provide an “in principle” approval subject to the determination of the modification. If the modification is approved then the Council should be provided delegation by the Panel to “electronically determine” the DA subject to the draft conditions included in this report.

127. If the modification is refused by the Department the Applicant has two (2) options, for the application to be determined as it stands (non-compliant with the Concept Approval) or for the building to be amended to achieve full compliance with the Concept Plan approval. Amending the proposal to comply with the Concept Plan approval has been explored and it will have serious visual, functional and amenity impacts on the built form. It would require the loss of levels and removal of the existing communal area of open space on L13 which is to be utilised by the whole of the development (not just the subject occupants of this building). The scale, form and overall design of the building will be severely compromised by achieving compliance; this was never the intent or purpose of the Concept Approval.

Table 4: Assessment of the proposal against the Conditions of the Concept Approval

PART A – TERMS OF APPROVAL
Conditions	Complies
A1. Development Description
Concept approval is granted to the development as described below: (a) Use of the site for retail and residential purposes and associated car parking; (b) Indicative building envelope to a maximum of 55 metres (to a maximum of 114.6 metres AHD); (c) Maximum GFA of 28,474sqm (26,775sqm residential, 1,499sqm retail and 200sqm community space) ~~Maximum number of 257 dwellings~~ (d) Public domain improvements to Treacy Street; ~~and~~ (e) Landscaping areas throughout the site; and (f) Staging of the development	Yes - The proposal is for a mixed use retail and residential building (shop top housing development) with associated basement car parking. Yes - The proposal has a maximum height of 45.5m (at its highest point) which translates to RL108.75. The building is thirteen (13) storeys which is lower than the Central and East stage buildings which are completed and reach sixteen (16) storeys. No – this issue is discussed in greater detail above. Concurrently, the Applicant has lodged a Modification Application with Department of Planning Industry and Environment (DPIE) to amend the GFA to now be in line with the development as proposed which is generally consistent with the building footprint and built form as approved by the Concept Approval. It is recommended that the proposal be approved subject to the approval of this modification. If the modification is not approved then this application would require changes to satisfy the condition and comply with the maximum GFA. Yes – One (1) new street tree is proposed to be installed and the existing street tree to be retained. Standard conditions are imposed to ensure that all public domain works (new paving and landscaping) are consistent with the Central and East stages and comply with Council’s requirements. Yes – The development includes two (2) areas of communal open space with the ground floor rear courtyard area being appropriately softly landscaped. Yes - The development proposal constitutes Stage 2 (West Stage) of the Approved Concept Plan. Stages 1 (Central Stage) and Stage 3 (East Stage) have been completed.
A2. Development in Accordance with Plans and Documentation.
The approval shall be generally in accordance with MP 10_0101 and with the EA, except where amended by the Preferred Project Report and additional information to the Preferred Project Report, and the drawings prepared by Stanisic Associates Architects and Habitation except where amended by Section 75W Modification, prepared by Crosby Texter Pty Ltd, dated April 2012 and the following drawings prepared by Stanisic Associates Architects.	The plans submitted for this application are generally in accordance with MP 10_0101 and Modified in MP 10_0101 MOD1. Frank Stanisic Architects have designed the building to complement its setting and to be consistent with the colours, materials, finishes and design intent of the completed buildings to the east of the site. The proposed internal layout at all levels is aligned with the Concept Approval and modified plans.
A3. Inconsistencies between Documentation
In the event of any inconsistency between modifications of the Concept Plan approval identified in this approval and the drawings/documents including Statement of Commitments referred to above, the modifications of the Concept Plan shall prevail.	Noted. The Modification of the Concept Approval currently under assessment (MP10_0101 Mod 3) at the Department of Planning Industry and Environment (DPIE) will rectify any minor inconsistencies with the approved modification application and the current plans.
A4. Building Envelopes
Building footprints and setbacks are to be generally consistent with the Concept Plan building envelope parameter diagrams for each site, except where amended by the Department of Planning's Modifications in Part B.	The building footprint and setbacks are generally consistent with the concept plan envelope. The proposed footprint of the building is consistent with the approved plans however the one (1) difference in the DA is that the building was approved with a 1m side setback from the western side (adjoining the Council car park at 37-45 Treacy Street). The purpose of this setback is unclear and is considered to be a poor design and planning outcome as any future building at 37-45 Treacy Street will likely have a nil side setback as this site is within a commercial zone where nil setbacks are encouraged. This is a pointless setback as it should be Nil to this boundary in accordance with the ADG and as a “rule of thumb” for all mixed use developments in commercial areas/zones. Both completed buildings to the east are built boundary to boundary. This building has been designed to be sited on both side boundaries to be consistent with the general planning and design approach and to be compatible with development in the streetscape and locality. This change to the building footprint is highlighted in the Modification that is currently under assessment by Department of Planning Industry and Environment (DPIE).
A5. Maximum Gross Floor Area (GFA)
The maximum GFA for the development shall not exceed 28,474m²	No – This issue has been discussed in detail earlier.
A6. Maximum Height
The maximum height for the development shall not exceed 16 storeys and shall not exceed a maximum RL of 114.6 metres AHD	Yes – Compliance has been discussed and outlined above. The building’s height is well below the maximum height permitted across the site.
~~A7. The maximum number of residential dwellings shall not exceed 257 units~~
Condition deleted via Mod 1	N/A
A8. Parking Provision
Residential Parking provision shall comply with Hurstville City Council Development Control Plan No 2 requirements and a minimum of 79 30 parking spaces for retail uses and 5 spaces for community uses.	Yes – the following provides a breakdown of the parking provisions and compliance against the HDCP No.2 car parking provisions. Hurstville DCP No.2 (Amendment No.9) has been effective since 28 February 2019. Residential parking requirements (HDCP) Dwelling (1-2 bedrooms) – 1 space per dwelling Dwelling (3 bedrooms) – 2 spaces per dwelling The DCP doesn’t cater for 4 bedroom apartments and therefore 3 bedroom unit generation is used in this case. Visitor – 1 space per 4 dwellings Calculations: 26 (1bed/2bed) x 1 space = 26 car parking spaces 15 x 2 spaces (3bed/4bed) = 30 car parking spaces Visitor parking = 11 visitor spaces are required. Total required = 67 residential car parking spaces Proposed = 67 spaces provided (11 visitor spaces and 56 residential spaces) The proposed development complies with the requirements. Retail parking (HDCP) HDCP No.2 requires 1 space per 200sqm of retail area. The two (2) tenancies proposed on the ground floor are designated as “retail” uses and their combined floor space is 210sqm. They generate the need for 4.2 spaces rounded up to five (5) spaces. The development provides seven (7) spaces and is therefore compliant. A condition will ensure that Retail Tenancy No.1 will have a minimum of three (3) car parking spaces allocated to this space and that Retail Tenancy No.2 will have a minimum of two (2) car parking spaces allocated to this space. The surplus 2 retail spaces should be dedicated to the residential component as they are in excess to the commercial requirements and would be better utilised by the residential component. Whole of development compliance with parking and Condition A8. The Central Stage development via a modification application (Mod2015/0105) altered the parking distribution and increased the amount of residential parking as Amendment 6 to the Hurstville Development Control Plan (HDCP) modified the parking generation rates. This in turn altered Condition 80 which required a minimum of 22 retail spaces (17 spaces for the Central Stage and 5 for the East Stage) and the 5 community spaces to be accommodated within the Central Stage of the development via the condition. In order to cater for the additional car parking spaces generated by the East Stage building and to avoid excavation of this site, a further modification application was approved to create a new fifth basement level to the Central Stage to cater for this additional parking. The East Stage development included all its parking within the Central Stage. The East Stage generated a total of 32 car parking spaces (5 retail spaces and 24 residential spaces). The approved strata plan SP90749 for the Central Stage shows Basement 5 and the layout of the parking. So when considering compliance with this conditions across the whole development, the Central and East Stage provide for a total of 22 retail car parking spaces and this development will provide for a further 7 spaces bringing the total of the retail spaces to 29. This is a shortfall of 1 space. The issue of the retail car parking deficiency is being addressed by the Modification application (Mod 3) to the Concept Approval which is seeking to rectify this anomaly. The Concept Approval will need to be amended to allow for a total of 27 retail/commercial spaces across the site.
A9. Lapsing of Approval
Approval of the Concept Plan at 21 - 35 Treacy Street Hurstville shall lapse 5 years after the determination date in Part A of Schedule 1, unless an application is submitted to carry out a project or development which concept approval has been given.	The Concept Approval remains active given that Stage 1 (Central) and 3 (East Stage) of the development have been completed.

PART B - MODIFICATIONS
B1. Building Separation
The building separation between the two tower elements shall be increased to a minimum of 12m.	Not relevant to this application.
B2. Basement Parking
An additional level of basement parking may be required to accommodate the number of parking spaces that are required under this approval.	The Concept approval was based on four (4) levels of basement car parking. The determination acknowledged that the Central Stage has the capacity of integrating an additional (fifth) level of basement car parking to accommodate all the parking requirements generated by the East Stage. The development approvals for the Central and East Stage were approved on the premise that a fifth level was created to cater for the combined parking requirements.
B3. Building Setbacks
The zero lot line southern building setback at all basement and ground floor levels may be required to be increased by a distance of up to 1 metre from the southern site boundary. The final rear setback of the basement and ground floor levels shall be subject to written concurrence by RailCorp and may be subject to conditions of consent. If Railcorp concurrence is not granted, then the setback shall be 1 metre from the adjoining rail corridor boundary.	This development application proposes a zero setback for the ground level subject to RailCorp (Sydney Trains) concurrence. Sydney Trains has not objected to this element and provided its concurrence subject to the implementation of a series of conditions of approval is to be granted.

SCHEDULE 3 – FUTURE ENVIRONMENTAL ASSESSMENT REQUIREMENTS
1. Residential Amenity
Future applications shall demonstrate compliance with the provisions of the State Environmental Planning Policy 65 - Design Quality of Residential Flat Development (SEPP 65) and the accompanying Residential Flat Design Code 2002, except where modified by this Concept Plan approval.	The proposal is consistent with the provisions of SEPP 65 and the Apartment Design Code (ADG) as discussed and outlined in detail earlier in this report (refer to Table 1 and 2).
2. Built Form
Future applications shall demonstrate that the development: -is consistent with the design integrity of the approved Concept Plan; -creates a very high quality, five star green star building of distinguished architecture, with an interconnected spatial network of landscaped communal open spaces and public domain; and -achieves a high level of modulation/articulation consisting of a range of high quality materials and finishes.	On 28/03/2012 the Planning Assessment Commission (PAC) advised, that the appointment of Frank Stanisic of Stanisic Associates as the design architect for future development applications relating to the approved Concept Plan, would provide confidence that the high design quality illustrated in The Concept Plan would not be diminished or compromised. The PAC also advised that a design integrity panel would not be required subject to the provision of certification from Mr Stanisic that the design of future applications is substantially the same as the approved Concept Plan and retains the design excellence. This application is accompanied by such certification.
3. Design Excellence
Future applications for development on the site shall achieve design excellence in accordance with the requirements of the Director Generals' Design Excellence Guidelines.	See comment above.
4. Privacy
Future applications shall demonstrate an adequate level of privacy screening and treatment is provided for apartments located adjoining areas of communal open space.	The communal area on the roof top level (L13) does not adjoin any residential apartments but rather services and the community room. The communal area of open space on Level 1 adjoins the bedroom of apartment 1001. There is a privacy screen and planter box included which adjoins the bedroom and reduces the potential for any overlooking from the area of open space into this apartment.
5. Landscaping
Future applications shall include detailed landscape plans demonstrating consistency with the landscape concept plans prepared by Habitation, including that a sufficient soil depth is provided within the deep soil zone at the south-western corner of the site.	The landscape plans provided for this stage are generally consistent with the concept plans. The deep soil zone along the rear of Level 1 is considered to be ample as it will have a depth of 3m.
6. Environmentally Sustainable Development
Future applications shall demonstrate that any future development will incorporate ESD principles in the design, construction and ongoing operation phases of the development, including water sensitive urban design measures, energy efficiency, and recycling and water disposal.	This Development Application has been designed to incorporate ESD principles and is accompanied by reports demonstrating this.
7. Noise and Vibration
Future applications shall ensure that the internal residential amenity of the proposed units is not unduly affected by the noise and vibration impacts from the Eastern Suburbs and Illawarra Railway Line to comply with the requirements of the Department of Planning's 'Development Near Rail Corridors and Busy Roads –Interim Guidelines'.	The application is accompanied by two (2) detailed acoustic reports (Environmental Noise Impact Assessment and Noise and Vibration Intrusion Assessment) prepared by Day Design which considers the noise implication of the development on adjoining properties and the impact of the surrounding environment (traffic and rail noise) on the proposed development.
8. Sydney Water
Extension to the existing wastewater system will need to be designed and constructed to the available 225mm wastewater main that transverse the site. The extension will need to be sized and configured according to the Sewerage Code of Australia (Sydney Water Edition WSA 02-2002) and to the Guidelines for Building Over of Adjacent to Sydney Water's wastewater mains. Details shall be submitted with future applications in accordance with Sydney Water and Council requirements.	The application was referred to Water NSW (former Sydney Water) as the development may require a dewatering licence/activity approval. Sydney Water approval was gained as part of the Centre Stage approval and similar appropriate conditions of consent will be attached to any consent granted.
9. Section 94 Contributions
Future applications shall be required to pay developer contributions to the Council towards the provision or improvement of public amenities and services. The amount of the contribution shall be determined in accordance with the requirements of the Contributions Plan current at the time of approval.	Section 7.11 contributions (former Section 94 contributions) have been calculated in accordance with Council's adopted plans.
10. RTA (now known as RMS)
a) The layout of the proposed car parking areas associated with the proposed development (including driveway, ramp grades, aisle widths, aisle lengths, parking bay dimensions, sight distances and loading bays) should be designed in accordance with AS2890.1 - 2004 and AS2890.2 – 2002.	All car parking for the development was approved as part of the other stages of the development. The basement car parking spaces and associated areas are compliant with Australian Standards. No referral to RMS was required as the site is not located on or adjacent to an arterial road in accordance with the provisions of the Infrastructure SEPP.
b) A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council, for approval.	A condition is included for the provision of a Construction Management Plan to be prepared prior to the issuing of the Construction Certificate.
c) An independent roads safety audit shall be prepared in accordance with RTA requirements. Should any amendments to the development proposal or findings of the independent roads safety audit impact on the operation of nearby traffic signals, the Proponent shall submit this information to the RTA for review. The Audit report shall be submitted to Council as part of any future applications.	A detailed Independent Road Safety Audit was prepared as part of the Central Stage development and recommendations of this report were implemented as part of this approval.
d) The intersections at Forest Road and The Avenue, Railway Parade and The Avenue and Forest Road, Park Road and Alfred Street require further assessment on their performances and measures to be recommended to improve their performances. The assessment report shall be reviewed by the RTA and submitted to Council as part of any future applications.	The Independent Road Safety Audit was prepared in May 2012 by McLaren Traffic Engineering and covers 21-35 Treacy Street being the whole redevelopment site. This is a comprehensive study and assessment of the existing traffic environment adjacent to the site. The report considered a series of issues such as queuing, lane widths, street furniture location, key intersections (Forest Road and PJ Road, Treacy Street and The Avenue and Forest Road, Park Road and Alfred Street). The audit made a series of recommendations but mainly in relation to improved and additional signage and improvements to the pedestrian environment ie pram ramp to be installed along the western side of Treacy Street with the junction with Alfred Street. The audit found that the levels of service of key intersections at the time of assessment were satisfactory and operating at levels of Service A or B which are very good. The report concluded that: “Whilst there are a number of existing deficiencies in terms of traffic management and pedestrian safety those deficiencies can be readily corrected and are NOT considered to be the responsibility of the proponent. Some of these deficiencies have in fact resulted from poor installation of electrical cabling in terms of improper surface treatment of filled trenches. Speed limits in the core area of Hurstville extending to the subject site should be reviewed by Council’s local traffic committee with 40km/hr posted speed limits desirable in town centres where high pedestrian activity exists.”
11. RailCorp (now known as Sydney Trains)
Future applications shall demonstrate consistency with the following:
Property & Title Search Survey a) The Applicant shall provide an accurate survey locating the development with respect to the rail boundary and rail infrastructure. This work is to be undertaken by a registered surveyor, to the satisfaction of RailCorp's representative. A copy of the plan shall be submitted to Council for record purposes.	Sydney Trains has reviewed the application and formal concurrence subject to the implementation of conditions is imminent. Conditions will be included as soon as concurrence is received and issued.
Dilapidation Surveys b) A joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from RailCorp and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by RailCorp.	A condition will require a dilapidation report to be prepared in respect to all immediately adjoining development.
Noise and Vibration c) Future applications shall include an acoustic assessment that demonstrates how the proposed development will comply with the Department of Planning's document titled "Development Near Rail Corridors and Busy Roads -Interim Guidelines"	The application is accompanied by a Noise and Vibration Intrusion Assessment prepared by Day Design and dated August 2018. This report assessed the development against the Department’s “Development Near Rail Corridors and Busy Roads Interim Guidelines”. The recommendations of the report are included as conditions of consent if the application was approved.
Stray Currents and Electrolysis from Rail Operations d) The Proponent is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. All measures recommended in the report to control Electrolysis Risk shall be incorporated into future applications.	Satisfactory – considered by Sydney Trains when assessing the proposal.
Geotechnical and Structural Stability and Integrity e) The Proponent shall provide a Geotechnical Engineering report to RailCorp for review by RailCorp's Geotechnical section. The report shall demonstrate that the development has no negative impact on the rail corridor or the integrity of the infrastructure through its loading and ground deformation and shall contain structural design details/analysis for review by RailCorp. The report shall include the potential impact of demolition and excavation, and demolition- and excavation- induced vibration in rail facilities, and loadings imposed on RailCorp Facilities by the development.	This report was prepared and has been assessed and considered by Sydney Trains in providing concurrence.
Building, Balconies and Window Design f) Given the possible likelihood of objects being dropped or thrown onto the rail corridor from balconies, windows and other external features (eg roof terraces and external fire escapes) that face the rail corridor, measures (eg awning windows, louvers, etc) shall be installed which prevent the throwing of objects onto the rail corridor.	Wintergardens have been designed in accordance with State Rail requirements. These elements are located at the rear of the building adjacent to the railway line and have been designed so as to avoid the potential for anything being able to be thrown onto the railway line.
Derailment Protection of Structures g) The development must be designed and constructed so that supporting elements comply with the redundancy requirements or the minimum collision loads specified in Australian Standard AS5100.	Sydney Trains’ considered this issue in the assessment of the application.
h) The Proponent is to provide the Rail Authority with a report from a qualified structural engineer demonstrating that the structural design of the development satisfies the requirements of AS5100.	Report prepared and provided to Sydney Trains’ and considered as part of their assessment.
Use of Lights and Reflective Materials i) The design, installation and use of lights, sings and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Rail Authority.	The design is considered to be satisfactory and will be conditioned accordingly to ensure reflectivity from lighting is minimised.
Demolition, Excavation and Construction Impacts j) A Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to the Rail Authority for review and comment on the impacts on rail corridor.	A Risk Management Plan was prepared and considered by State Rail to be satisfactory.
Environmental Conditions k) During all stages of the development, environmental legislation and regulations shall be complied with. I) During all stages of the development extreme care shall be taken to prevent environmental harm within railway corridor. Any form of environmental harm to areas within the railway corridor or legislative non-compliance that arises as a consequence of the development activities shall remain the full responsibility of the Proponent. m) During all stages of the development extreme care shall be taken to prevent any form of pollution entering the railway corridor. Any form of pollution that arises as a consequence of the development activities shall remain the full responsibility of the Proponent.	These issues can be covered by standard conditions.
Drainage n) Given the development site's location next to the rail corridor, drainage from the development must be adequately disposed of/managed and not allowed to be discharged into the corridor unless prior approval has been obtained from Rail Authority.	State Rail concurrence is likely to be issued and at this stage the stormwater and drainage arrangement is considered satisfactory.
12. Flooding
Future applications shall comply with Council's flooding requirements	The allotment is not considered to be flood affected.
13. Sydney Airports
Future applications shall demonstrate all necessary approvals have been obtained from SACL and Air Services Australia.	SACL has been formally notified of the proposal and has raised no objections to the proposed height and scale of the development. A standard condition is imposed as a separate approval for a crane application will have to be submitted to this authority.
14. Parking Management Plan
Future applications shall include a parking management plan detailing the allocation and management approaches to residential, visitor and retail parking.	Car parking for this development has been clearly defined and designated and conditions will be imposed to ensure this designation is maintained and that occupants do not park in the Central and East parking areas. A condition will require a detailed plan regarding managing parking, loading facilities and the removal of waste etc be prepared.
15. Community Space
Future applications shall include, at no cost to Council, an appropriate community space within the development, of at least 200m² on the ground floor level with street frontage, which can be used by Council for community purposes. Note: The provision of the community space is in addition to Council's Section 94 Contributions for future development.	Not relevant to this application. The community space and associated car parking has been included in the Central Stage of the development which has been completed.

SCHEDULE 4 – STATEMENT OF COMMITMENTS
8.1 Environmental and Residential Amenity
8.1.1 Acoustic Privacy The details of the mechanical plant for the Concept Plan will be finalised at the Project Application stage. Therefore the Proponent will commit to prepare an Acoustic Report to assess the impact and make necessary recommendation to manage these potential impacts as part of the Project Application stage.	A Noise Impact Assessment has been prepared and submitted with the application which addresses the impact of Mechanical ventilation systems. Although the exact mechanical system has not been developed.
8.1.2 Wind Impact The Proponent will undertake a detailed and accurate analysis of the effects of wind on the proposed building and the environment as part of the Project Application.	A Pedestrian Wind Environment Statement has been prepared by WindTech and dated 11 May 2012. This detailed report considered the likely impact of the proposed design on the local wind environment to the critical outdoor areas within and around the development site. The effect of wind activity within and around the proposed development is examined for the three (3) prevailing winds for the Sydney Region (north-easterly, southerly and westerly winds). This report was prepared for the redevelopment of 21-31 Treacy Street (excluding the subject site). The report recommended measures such as providing dense planting in the Garden Terrace area on Level 7 of the Imperial Hurstville Building and the inclusion of a full height wall/screen along the western edge. If balconies will include perforations they must be no greater than 20% porous and have holes that are evenly distributed. Given that this report did not cover the subject site Windtech were engage to provide an addendum report focusing on the development at 33-35 Treacy Street. This additional report is dated 30 August 2018 and relates to this West Stage. The assessment concludes that this building will largely be shielded by neighbouring buildings and the design of the recessed balconies are effective in mitigating wind impacts. The report focused on the outdoor trafficable areas which are more exposed. The report recommends a series of measures that will reduce wind effects. Including densely foliating vegetation and trees and shrubs/hedge to the communal area along the southern boundary. The inclusion of a pergola, baffle screening, dense foliage and hedge plants along the boundary to a height of 1.5m or a raised balustrade along the edge of the rooftop communal area of open space will mitigate and reduce wind impacts. These recommendations are included as a condition if consent is to be issued.
8.2 Traffic and Parking
All access, servicing and internal layout will be provided in accordance with AS 2890.1:2004 and AS 2890.2 - 2002.	All access, servicing and internal layout has been assessed as part of this application and Council’s Traffic Engineer is satisfied with the layout and design of the basement areas and associated driveways and points of access. The basement areas have been designed to be split level and to connect directly to the existing basement levels within the Central stage (Imperial Hurstville). There is one inconsistency with the levels which is the lift lobby within all basement levels being shown as RL55.00 and this seems to be a simple drafting error. A condition will ensure that the RL’s within all basement levels match up with the existing RL’s within the Imperial Hurstville development (Central Stage).
An assessment of the construction traffic generated by the development will be undertaken at the Project Application stage. The traffic impacts during construction will be assessed in more detail for the Project Application when the construction staging, construction period, truck movements and truck sizes are considered. A construction traffic management plan will be undertaken at the Project Application stage.	The traffic report submitted with the application satisfactorily addresses this issue. A condition will require a more detailed construction management plan to be prepared prior to the issuing of the Construction Certificate to ensure construction vehicles and movements are appropriately managed and coordinated.
A "Green Travel Plan" will be developed for the Project Application stage and will include initiatives such as: -Bicycle storage, showers and changing facilities for employees and bicycle storage for residents. Visitor bicycle parking facilities will be provided at ground level close to entrances, in a visible and weather protected location subject to casual surveillance. -Provide train and bus timetables to staff and residents. -Provision of a small commuter vehicle to transport elderly and infirm residents to Hurstville railway station and for local shopping trips etc. to the CBD. -Co-ordinated car share scheme.	A Green Travel Plan has been prepared with other Central stage of the development. The Plan was prepared by Stanisic Associates and included basic strategies to encourage walking, cycling and alternate modes of transport. A car share scheme has also been integrated into this stage by designating 14 spaces located on Basement 1 in the Imperial Hurstville development designated as part of a coordinated car share scheme i.e. Go Get or the like. A condition is included to ensure the recommendations of this plan are maintained and adhered to as part of this final stage of the site’s redevelopment as this stage is also able to encourage the use of alternative modes of transport.
8.3 Obstacle Limitation Height
Prior to lodging a Project Application, a request will be made to Sydney Airports Corporation regarding any further assessments of the proposal.	SACL has provided its formal approval of the development.
8.4 Geotechnical and Ground Water
The building will be designed and constructed in accordance with the recommendations prepared by Asset Geotechnical and summarised in Table 5 of the Environmental Assessment. In relation to temporary and permanent shoring, Assett Geotechnical has confirmed that either “top-down construction” or “bottom up construction” could be adopted for the proposed development. This will be further confirmed at the Project Application stage. The Concept Plan will be assessed for derailment protection requirements as per Rail Infrastructure Corporation (RIC) Standard C4004 Design Requirements for Pier or Column Protection and then designed to the standard as appropriate. An engineering report will be provided at the Project Application stage for review by the RIC.	The basement excavation may capture some ground water and as a result a dewatering licence (activity approval) may be required. The application has been formally referred to WaterNSW for their comments. Approval of the application is subject to Water NSW concurrence. State Rail have reviewed the design requirements of the building and their siting adjoining the railway line. The technical requirements stipulated by State Rail have been generally met and conditions are included if consent is to be issued once concurrence is issued.
8.5 Public Domain
The footpath adjacent to the building will be treated with bluestone banding with asphalt infill. Street trees will be planted on the footpath at 8 metre centres.	A condition is recommended for a public domain plan including planting to be approved by Council prior to the issue of a Construction Certificate. The existing street tree is to be retained and all other works i.e. footpath improvements are to be consistent with the adjoining development and its completed treatment and in line with Council’s requirements and specifications.
8.6 Safety
A detailed Crime Prevention through Environmental Design assessment will be undertaken at the Project Application stage. The assessment will address the commitments expressed in the EA under the four key principles of surveillance, access control, territorial reinforcement and space management.	A Crime Prevention Assessment was prepared in relation to other stages which is also relevant to the subject site. The development includes a lighting plan and the fact there is only one point of secure formal access to the site reduces the potential for criminal and unsafe behaviour. All areas around and within the development will be monitored and include CCTV cameras and footage.
8.7 Ecologically Sustainable Development
The Proponent is committed to achieving a 5·Star rating (min. 4·Star rating) as detailed in the Architectural Design Report subject to confirmation from the design and development team at the project application stage.	Satisfactory and compliant. A Sustainability and Building Consultants Report prepared by Floth concludes that the building will be able to achieve a 4 star green star rating subject to the implementation of a series of measures ie lighting design, location and type, use of recycled timber and specific types of joinery, appliances to be installed with a minimum 3 star rating, implement a rainwater harvesting system etc. A condition will require the implementation of the recommendations of this report to be included during the construction of the building.
8.8 Drainage
The Proponent is committed to incorporating Water Sensitive Urban Design features such as rainwater harvesting and rain gardens that will be further detailed in the project application.	WSUD measures have been incorporated into the proposed design as reflected in the Landscape Plans.
8.9 Contamination
A field based investigation comprising of a Stage 2 Environmental Site Assessment will be conducted prior to the commencement of any future site redevelopment and will form part of any Project Application. A Hazardous Materials Assessment will be carried out prior to any site demolition. Remediation Action Plans will be prepared where required.	A Detailed Site Investigation report has been prepared which suggests parts of the site are contaminated and a Remediation Action Plan (RAP) has been prepared to address this issue. A Hazardous Materials Assessment will be carried out prior to any site demolition. The process of remediation that is proposed is satisfactory and Council’s Environmental Health Section have consented to the process subject to the implementation of conditions.
8.10 Noise and Vibration
The Proponent will incorporate the recommendations of the Acoustic Assessment prepared by Koikas Acoustics Pty Ltd and which relate to: -Selection of building materials in relation to external walls and windows/sliding doors; -Mechanical ventilation in nominated spaces; and -Building Code of Australia requirements in relation to walls, entry doors, soil and waste pipes and concrete subfloor systems. It is noted that an Acoustic Report is to be prepared in relation to acoustic privacy as detailed in Section 8.1.1 of the revised Statement of Commitments subject to the finalisation of the mechanical plant equipment. There may be additional/alternative recommendations in relation to noise and vibration that will be implemented as part of this report.	The Applicant has prepared updated acoustic reports that consider and address the original recommendations of the Koikas Acoustic assessment. The issue of noise and vibration has been addressed in detail through out this report and the recommendations of the acoustic reports prepared by Day Design have been included as conditions to ensure recommendations are adopted and implemented through the construction process.
8.11 Utilities
The Proponents commit to up-sizing the existing 150mm water main fronting the site in Treacy Street to a 200mm main that will be laid from the existing main at the comer of Treacy Street and Forrest Road to the building connection point. The extension will be sized and configured according to the Water Supply Code of Australia (Sydney Water Edition WSA 03-2002) and evidence of Code compliance will be attached with the extension design.	Sydney Water has commented on the proposal as part of other stages and conditions of consent are recommended to meet their requirements. A Section 73 Certificate will be required via a condition of consent.
8.12 Provision of Community Space
The Concept Plan includes an appropriate community space of 200sm on the ground floor level with street frontage. This space will be dedicated to Council at no cost for community purposes.	Not relevant to this application as this area has been included as part of the Central Stage. The roof top terrace area abuts the designated “community room” which will be easily accessed and utilised by all occupants of the building.
8.13 Construction
Construction of the proposed building should be undertaken without requiring access to the RailCorp owned rail corridor to the southern boundary of the site. If access is required to RailCorp land for any reason then the prior written approval of RailCorp will be required.	RailCorp (Sydney Trains) has provided its conditions relating to access to the rail corridor for construction as part of its concurrence.
8.14 Building Maintenance
The southern boundary wall will be sealed and coated in anti-graffiti product that provides for long-term permanent protection. Any access requirements for future maintenance of the boundary wall will be infrequent and negotiated with RailCorp on an ‘as needs’ basis.	This is included as a condition of approval if consent is granted.

STATUTORY COMPLIANCE AND ASSESSMENT

128. The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

Hurstville Local Environmental Plan 2012

129. The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 (LEP 2012) is detailed and discussed in the B below.

Table 5: Compliance with the provisions of HLEP 2012

Clause	Standard	Proposed	Complies
1.2 Aims of the Plan	In accordance with Clause 1.2 (2)	The development is consistent with the aims of the plan.	Yes
1.4 Definitions	Mixed use development defined as “Shop top housing” which “means one or more dwellings located above ground floor retail premises or business premises”.	The proposed development meets these definitions.	Yes
2.3 Zone objectives and Land Use Table	Zoned B4 Mixed Use The objectives of the zone are; To provide a mixture of compatible land uses. To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. To allow for residential development in the Hurstville City Centre while maintaining active retail, business or other non-residential uses at street level. Development must be permissible with consent	The development satisfies the zone objectives and is permissible with development consent. Location of the property within the zone is shown in Figure 12 below.	Yes
2.7 Demolition	Demolition is permissible with consent	Demolition is proposed with this application	Yes
4.3 Height of Buildings	15m as identified on Height of Buildings Map	55m maximum as per Concept Plan Approval. The Concept Approval establishes new environmental planning controls across this site which supersedes the local planning controls. This is in accordance with Schedule 3B (2) (f) of the STOP provisions where the concept plan is inconsistent with local provisions it overrides these. Proposed height is below the maximum stipulated by the Concept Approval.	N/A
4.4 Floor Space Ratio	3:1 as identified on Floor Space Ratio Map	The Stage 3 FSR is 4.42:1 based on a total GFA of 5,247sqm for the building. This control is overridden by the Concept Approval which establishes a maximum GFA across the whole site. The proposal exceeds the maximum GFA as stipulated by the Concept Approval by some 800sqm. The Applicant has submitted a formal Modification with the Department of Planning Industry and Environment to modify the maximum GFA referenced.	N/A
5.10 (5) Heritage Conservation	The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.	The subject site is within the vicinity of a series of local heritage items including 18 Treacy Street (item I163). This two (2) storey building is remnant of the Inter-War development boom, complete with art deco façade in fair condition. Also 127-137 Forest Road (Item I120) the façade being the main historic feature of this property and 167-169 Forest Road (Item I125). The subject site is not within a heritage conservation area (refer to the extract from the heritage mapping shown as Figure 13 below). The application was accompanied by a Heritage Statement prepared by Cracknell and Lonergan and dated 13 June 2018. This report assesses the impact of the proposed development on the heritage significance of this item. The report concludes that: “the proposed works do not have an adverse impact on the significance of the heritage items, and the development should not be restricted on the grounds of heritage”. The report and proposal was referred to Council’s Heritage Officer for comment. On 28 January 2020 Council’s Heritage Advisor raised no objection to the proposed development on heritage grounds and the proposal is supported subject to the implementation of standard conditions.	Yes
6.6 Active Street Frontage	The objective of this provision is “to promote uses that attract pedestrian traffic along certain ground floor street frontages in zone B2, B3 and B4”. The consent authority must be satisfied that the proposed development will have an active frontage.	The subject site is identified on the Active Frontages Map. The proposed development includes two (2) ground floor retail tenancies which satisfy the LEP provision which intend on activating the street frontage after construction.	Yes
6.7 Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: -Supply of water, electricity and disposal and management of sewerage -Stormwater drainage or on-site conservation -Suitable vehicular access	Council’s Engineers have requested some changes to the stormwater drainage arrangement however compliance can be achieved through conditions.	Yes subject to conditions

Figure 12: Zoning with the site outlined in blue

Figure 13: Heritage Items within the vicinity of the subject site, the site is outlined in blue

Draft Georges River Local Environmental Plan 2020

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

131. 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.”

132. There are no changes proposed to the zoning and main planning controls relating to the subject site. The only immediate change is that the adjoining Council owned site to the west (35-49 Treacy Street) has been rezoned from a “Deferred matter” on the zoning plan to reflect a B4 zone as per the adjoining sites.

Development Control Plans

133. Hurstville Development Control Plan No 2 (DCP 2) applies to the proposed development. The site is located within the City Centre East Precinct. The proposed development forms Stage 3 (West Stage) of the Concept Plan Approval granted by the IPC (former PAC) which has determined the building envelope and configuration of the development. This consent was granted prior to DCP 2 (Amendment 9) coming into effect. As such many of the provisions of DCP 2 are not particularly relevant to the application. An assessment however has been undertaken against the main provisions which are of relevance to the application and provided in Table 5 below.

Table 6: Compliance against the provisions of HDCP No.2 (Amendment 9)

DCP Standard

Control/Proposed

Complies

Section 4.6

City Centre East

This precinct is characterised by “the extension of the retail strip along Forest Road and under-utilised development along the railway line in Treacy Street”. The key land use principles for this area are to promote a mix of land uses, activation of the streetscapes and the exclusion of residential uses in the B3 commercial core area to only retail/commercial uses.

Yes

Section 5.2

Building Form Character Principles

A series of principles that encourage and establish good architectural design and development that promotes a high urban form outcome and encourages pedestrian comfort, safety and sustainability.

Yes

Section 5.3

Built form Controls

Site Amalgamation

General building floor plate of 900m - 1,000sqm

Proposed floor plate of 630sqm Although not compliant, Stage 2 and 3 of the development have smaller floor plates whilst Stage 2 has over 1,00sqm floor plate. Considering the development will read as part of a much larger integrated development site the provision is satisfied by meeting the intent of the criterion.

Min 30m street frontage – frontage of 24.2m. Although short of the minimum this is part of a larger consolidated site and this frontage width in this instance is satisfactory as it will not be read as a separate/independent building.

The redevelopment of this site will remove the “fine grain” character of this street and create a larger consolidated development which is in line with the objectives of the DCP for redevelopment in the commercial centre.

Housing mix

Bed-sitters and one bedroom apartments shall not exceed 25% and not less than 10% of the development – one bedroom comprise of 17%

Two bedroom apartments shall not exceed 75% of the development – two bedrooms comprise of 46%

Three bedroom apartments shall not exceed 10% of the development – Three bedrooms comprise of 27%. This exceeds the 10% requirement but is considered satisfactory given that there is a need for some larger apartments in the area and the development still allows for an appropriate mix of apartments. There are no provisions for 4 bedroom apartments and so these are included in the 3 bedroom count.

Adaptable dwellings 1 per 10 or there part of.

Total of 41 dwellings so a minimum of 5 dwellings are to be adaptable. – six (6) dwellings are designated as adaptable (Apartments 201, 301, 401, 501, 601 and 701)

Unit sizes in accordance with the NSW Residential Flat Design Code (2002) (RFDC) – the proposal has been designed to generally comply with the ADG which supersedes the RFDC.

Floor to ceiling heights

Non-residential – min 3.6m – Minimum 3.7m

Residential – 2.7m (3m floor to floor) – minimum 2.7 with floor to floor heights of 3.05m

Setbacks

Development within 25m of rail corridors;

Min 1.5m from rail corridor – setback of the building between 10.6m-13.9m

Basements may adjoin subject to geotechnical reports and State Rail concurrence – State Rail has accepted location of the basement.

Balconies within 20m of the rail corridor need to be enclosed – all rear balconies have been designed as winter gardens and are enclosed with associated glazing and louvered features to the satisfaction of State Rail requirements.

Building separation is consistent with SEPP 65 requirements for mixed use developments.

Solar Access

Demonstrate access to sunlight is to be substantially maintained so that existing private and public open spaces, first and second order street footpaths and the existing windows of all habitable rooms in adjoining buildings receive at least 3 hours of sunlight between 9am and 3pm on 21 June (winter solstice) – Shadow diagrams show compliance with Council’s provisions. Properties to the south along Railway Parade are affected by the development during the winter solstice. There is no affectation to properties to the north along Treacy Street or to the apartments in the Central Stage (Imperial Hurstville). The area of communal open space (sky terrace) within the Imperial Hurstville development is located on Level 8 and Level 9 will be unaffected by any overshadowing until 3pm in midwinter. From about 11am to 1pm in the afternoon the shadow cast will not directly impact on any property and affect the street and rail corridor.

Visual amenity

Privacy and overlooking is minimised by offsetting windows and including privacy screens – the building has been designed so that there are no adverse overlooking created by the apartment location, design and orientation. Also the sides have blank walls.

Acoustic and vibration amenity

Layout of apartments needs to consider noise transmission and a Noise and Vibration Assessment may be required. – An assessment report has been prepared and suggests ways to reduce noise transmission (discussed earlier in this report)

Entrances and lobbies

Need to be clearly visible, identifiable – the entry lobby is centrally located and is highly visible and easy to identify and large and formal.

Balconies

Each dwelling have a minimum of one balcony with a depth of 2.5m – every unit includes a balcony with minimum width of 2m and the larger apartments have the primary balcony width of 2.5m in accordance with the ADG requirements which override these controls.

Awnings

Awnings must be cantilevered and have a minimum height of 3.2m – this can be satisfied however the awning needs to be consistent with the awnings included along the Central and East Stage buildings. A condition will ensure compliance with Council’s specifications and consistency with the awning to the adjoining developments.

Active street frontages

Active land uses included at the ground floor level – two retail tenancies are proposed at the ground floor which is compliant.

Crime Prevention through Environmental Design (CPTED)

The proposal is designed to minimise any potential for criminal behaviour. Natural and causal surveillance is encouraged through the design and camera surveillance and security measures will be implemented including sensitive lighting to ensure safety and security is maintained.

Landscaping

Prepare a detailed Landscape Plan and utilise species which are hardy and indigenous to the area. – Landscape plan provides suitable planting and vegetation across the site.

Planting on structures

Minimum 1000mm depth for tree planting and 500mm depth for shrub planting – The deep soil area at the rear includes over 2m of soil so it can cater for the planting of larger trees and shrubs particularly along the boundary to create screening.

Site Servicing

Ensure all key services (air conditioning units, drying areas, storage areas are all appropriately screened). – most services have been sensitively designed and well located. Conditions will ensure these services are appropriately screened.

Every apartment should have individual or communal drying areas – every apartment has a separate laundry

Provide minimum of 10sqm per dwelling for storage – this is quite a large room and is not feasible in most contemporary developments. The development provides for dedicated internal storage spaces within the apartments which are compliant with SEPP 65 provisions as individual storage cages are also provided in the basement.

Electrical substation

Cater for the requirements of these services – the proposal relies on the existing substation which services the larger development and located as part of the central site.

No but acceptable

No but acceptable as an infill development and the final stage of an integrated 3 stage redevelopment

Partial non-compliance but acceptable.

Yes

Comply with ADG

Yes

Satisfactory

Yes

Yes – subject conditions

Yes

No but compliant with ADG

Yes

Yes subject to conditions

Yes

5.4

Transport, Traffic, Parking and Access

The “Hurstville City Centre Transport Management and Accessibility Plan (TMAP),13 June 2013 ”, has been used to inform the planning controls for the City Centre and has ensured a co-ordinated and efficient approach to planning of land use and transport infrastructure in the centre. The TMAP was endorsed by Council on 13 June 2013.

Developments need to provide the following documents to support their proposal;

Transport and Parking Assessment – this has been prepared by The Transport Planning Partnership and dated 23 August 2018. In terms of parking provisions and compliance with Australian Standards the proposed car parking arrangement is satisfactory. In terms of traffic generation the development generates a total of 11 trips per am peak and 10 trips per pm. The report concluded that “the estimated traffic of 11vph (which translates to 1 additional vehicle movement every 5min) creates an additional 3% to the traffic volumes passing through the site (this is based on the traffic counts conducted by Lyle Marchall and Associates in 2010 accompanying the Concept Approval).” It is recognised that since that time traffic volumes have increased in the vicinity of the site due to new larger scale developments being constructed. However the density of this redevelopment was envisaged and anticipated when the Concept Approval was determined. The total traffic generation is not considered to be significant from this development and although there may be some added pressure on key intersections it is unlikely it will significantly affect their overall performance. The performance of most adjoining intersections at the time of the concept approval was an A to C level of service. Although they may have been impacted by developments in the centre it is unlikely they are operating at F levels of service nor is it anticipated that the traffic generated by this development will have a critical impact to these.

Council’s Traffic Engineer reviewed the reports and raised no objection to the proposed design, layout and conclusions of the report and plans submitted with the application. A condition has been imposed to ensure that mirrors are constructed at every opening within the basement to assist with visibility to and from the driveways.

Construction Management Plan – A condition will require the preparation of this document prior to issuing the Construction Certificate.

A Travel Plan is required if the development exceeds 50 dwellings – N/A for the density proposed.

Bicycle storage – 1 space per 300sqm of retail space and 1 space for every 3 units. A total of 15 bicycle spaces are required. 16 spaces are catered for within the basement levels.

Car parking rates

Retail – 1 space per 50sqm

Residential - 1 space per 1 or 2 bedroom dwelling

2 spaces per 3 bedroom dwelling

1 space per 4 dwellings (or part thereof) for visitors

Development generates the need for 5 retail spaces and 67 residential spaces – Development provides 7 retail spaces and 67 residential spaces. (refer to Table 4 for full calculation).

Minimum of 1 accessible space per adaptable dwelling. Six (6) adaptable dwellings are proposed. Six (6) for the residential, one (1) for visitors and one (1) for the retail.

Car wash bay – One (1) car wash bay is required and can be doubled up as a visitor space. A condition will ensure a space is designated for this purpose and appropriately sign posted.

Vehicular Access

This is proposed through the Central stage (Imperial Hurstville building) eastern side of the site and this has always been the intention and purpose of access through to this site as envisaged by the Concept Approval. A detailed discussion on this issue is addressed in the Submissions section of this report.

The registered strata plan for the Central stage includes several easements which allow for future access to be created through to the western side (subject site). The development plan aligns with the approved strata plan and the concept approval plan. Driveway widths, gradients and points of access are consistent and compliant with Australian Standards. The site is too narrow to permit entry within the site boundaries. A new vehicular access point off Treacy Street would compromise the density permitted on the site and would create conflicts and remove some critical retail area on the ground floor. In addition turning circles within the basements would not be able to be achieved.

Loading/Unloading

New developments must cater for and design an area for loading and unloading. The proposal will share the existing loading bay within the Central Stage which provides easy and convenient access to the building. Easements already exist in this regard.

Yes – satisfactory

Yes subject to conditions

N/A

Yes, however they have not been allocated to a use.

Yes

Yes subject to conditions

Yes satisfactory

6.1

Public Domain

Street trees

Select trees with a mature height and spread which is appropriate to the scale of the street. – A condition will require the retention and protection of the existing street tree and the provision of a new tree adjoining it and planting shall be in keeping with the Hurstville City Centre Public Domain Plan 2007.

Street furniture

A condition will require the Applicant to prepare a detailed Public Domain Plan which looks at paving, planting and street furniture treatment that is consistent with the adjoining integrated development.

Paving, Culture and Public Art

The design of public art to be in accordance with the Hurstville City Centre Public Domain Plan – A condition will require the provision of public art across the western elevation of the building adjoining the public car park for the ground and first floor level. The Applicant shall liaise with Council as to the type of street art to be adopted and implemented and shall borne the cost of this works. This will break up the bulk and scale of the wall and will improve the visual appearance of this element when viewed from the street and key public spaces.

Signage

No advertising signage is proposed just a standard identification signage at the front that will denote the name and number of the building assisting visitors.

Waste Management

The proposal provides a dedicated residential and retail waste room along the ground floor behind the retail areas. A Hoist has been included which allows for bins to be moved down the Basement 1E where they can be collected from the garbage collection area in the Central Stage (easements for this already exist). The calculation of the amount of bins that is required is discussed later in the report and is supported by a condition if consent is issued.

Wind Mitigation

A wind effects report is required. This report has been submitted and assessed earlier in this report to be acceptable.

Yes subject to conditions

Yes

Yes subject to a condition

N/A

Yes

Satisfactory

6.3

Development of a Heritage Item or in the vicinity of a Heritage Item

The proposal needs to satisfy Clause 5.10 of the HLEP. This issue has been addressed earlier in more detail and the impact of the proposal is considered satisfactory and reasonable from a planning and heritage perspective.

Yes

Interim Policy – Georges River Development Control Plan 2020

134. Council at its Environment and Planning Committee Meeting dated 24 June 2019 resolved to adopt the Georges River Interim Policy DCP.

135. 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 DCP 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).

136. The Policy refers to controls relating to dwelling houses, dual occupancy and residential flat building developments. It does not alter or change the provisions for mixed use developments or “shop top” housing developments; therefore the Policy in this case is not applicable.

Developer Contributions

137. The proposed development, if approved, would require the payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979 as the proposal is increasing the density of the locality by the construction of 41 new apartments with a credit for two (2) existing lots. If the development was to be approved a condition outlining the required contributions would be imposed. The monetary contributions are as follows;

138. Contribution for Open Space of $547,309.29

Contribution for City Centre Improvements of $34,342.38

Contribution for Community Facilities of $77,404.97

139. Total contribution of $659,056.64 is applicable. A condition is imposed to ensure this monetary contribution is paid prior to the issuing of the Occupation Certificate.

140. A Ministerial direction has been issued and changes made to the Environmental Planning and Assessment Regulation 2000 that will allow developers to pay all contributions prior to an occupation certificate being issued, instead of up-front before construction commences. The directions have been made following changes to the Environmental Planning and Assessment Act 1979 (EP&A Act) in response to the COVID-19 pandemic.

141. The Department has also prepared a planning circular on a new requirement under the Environmental Planning and Assessment Regulation 2000 (the EP&A Regulation). Certifiers are now required to obtain a document from the local council or the Department of Planning, Industry and Environment (for special infrastructure contributions) confirming the payment of infrastructure contributions prior to the issuing of Occupation Certificates.

142. This change is only temporary to help kick-start the NSW economy, is applicable for projects with a construction cost of $10 million or more, and existing development consents where infrastructure contributions have not yet been paid, and proponents will have until September 2022 to make use of deferred payment provisions.

IMPACTS

Natural Environment

143. The proposed development does not involve excavation other than what will be required for piers/footings/pads for the development. The proposal is unlikely to adversely impact on existing drainage patterns and soil stability in the locality. The site currently has no vegetation, but the proposed development will include a communal open space area and a tree to the street frontage which will improve the current site conditions. It is therefore considered unlikely that the proposal will have adverse impacts on the natural environment.

Built Environment

144. The proposed development is unlikely to have an adverse impact on the built environment. The proposed development is consistent with the Concept Plan Approval granted for the site which has determined the building envelope and configuration of the development. The proposed development complies or exceeds the requirements of the Apartment Design Guide and results in high amenity for the dwellings.

Social Impacts

145. The proposed development has no perceived adverse social impacts.

Economic Impacts

146. The proposed development will provide positive economic impacts in the short term through the investment and injection to the construction industry. Through the estimated 15 month construction period a total of approximately 350 people will be employed in respect to this project.

Suitability of the Site

147. The subject site has no major impediments that preclude it from being developed for the proposed development. Subject to the remediation of the site it is considered it is suitable for its intended use.

Referrals

Council Referrals

Traffic Engineer

148. The proposal was referred to Council’s Traffic Engineer. Council’s Engineers reviewed the Traffic and Parking Assessment that was submitted with the application, prepared by The Transport Planning Partnership and dated 23 August 2018.

149. No objection was raised to the proposed parking and access arrangements. The parking and assessment report that was prepared with the Concept Approval and with the Central Stage development application acknowledged the impact of the expected increase in density across the development site and anticipated there will be some impacts and increases in traffic in the immediate area.

150. The Safety Audit that was prepared and accompanied the Central Stage development considered the general impact on immediate intersections and crossings and found that at the time they were operating at a Level of Service (LOS) of A or B which is very good. There is no doubt that at peak times the LOS of the intersections will be reduced due to the additional traffic but it is not considered that the will fail due to the density proposed (41 additional dwellings). The traffic issues in the locality can only be addressed in a holistic, strategic and integrated manner by the preparation of a Transportation Management Plan which considers the strategic development of an area as a whole and suggests infrastructure and public works that assist in reducing queuing around intersections, traffic calming and other mechanisms to improve traffic flows around the area.

151. The fact that the development adjoins a public car park is beneficial and this alleviates a large degree of on street parking pressures and conflicts as it caters for a large amount of vehicles to be able to park and utilise this area.

Environmental Health

152. The application was referred to Council’s Environmental Health section for comment including a review of the Remediation Action Plan. No objection was raised subject to the imposition of a series of standard conditions if consent is to be issued.

Landscape Officer

153. The application was referred to Council’s Consultant Arborist for comment. No objection was raised in respect to the proposed design of the proposal. Standard conditions are to be implemented if consent is to be granted. Specific conditions are imposed to ensure the street tree will be retained and maintained and protected during construction work.

Building Services

154. The application was referred to Council’s Building Services section for comment. No objection was raised subject to the implementation of a series of standard conditions.

Waste

155. The disposal of waste within the development relies on a garbage chute system which feeds down into two (2) x 240L mobile bins located on the ground floor in the designated waste storage area. The chute system will be mechanically operated by a diverter (splitter) system which will require inspection once a day to ensure the bins do not overflow. The Waste Management Plan (WMP) that accompanied the application prepared by Dickens Solutions and dated August 2018, stipulates the process of waste removal during demolition, construction and the ongoing waste removal when the building is completed and occupied.

156. A Bulky Goods Waste Storage room has also been designed and measures 2.5m x 2.5m, fully enclosed and adjoins the waste room.

157. The waste arrangement relies on the implementation of a hoist system that will send bins from the ground floor level one level below to B1E where they will enter the Loading Dock (located within the Central Stage, as part of the Imperial Hurstville) development and a Private Contractor will then dispose of the waste and the bins taken back up to the waste room via the hoist. There is no other way to take bins out other than through the residential lobby which is a highly undesirable and would be difficult given the large bin size. The strata plan for the adjoining development (Imperial Hurstville) envisaged a series of shared access provisions when the concept approval was issued and has been catered for as “easements” in the Strata Plan.

158. At the time of preparing the Waste Management Plan it wasn’t anticipated that the site required remediation, the waste management plan will require updating in relation to demolition and excavation phase to be consistent and in line with the Remediation Action Plan. A condition will require for this to occur prior to the issuing of the Construction Certificate.

159. In respect to the ongoing waste management of the building it is intended to provide the following to facilitate the intended uses;

- Retail Waste - 2 x 240L bins which relies on 3 services per week.

- Retail Recycling – 2 x 240L bins which relies on 2 services per week.

- Residential Waste – 8 x 240L bins which relies on 3 services per week

- Residential Recycling – 8 x 240L bins and relies on 2 services per week.

160. The retail and residential waste arrangement requires 3 services per week and this is not considered to be suitable solution as both waste and recycling should be removed twice a week as a maximum. The overall bin capacity is also insufficient. To accommodate this reduction in servicing the number of bins will need to be increased. The waste management plan has relied on a larger capacity as it calculates waste for 44 apartments (whilst there are only 41) and 3 retail tenancies (whilst there are only 2 proposed). In accordance with the provisions for waste in the HDCP the following minimum requirements are to be provided;

- Retail Waste – 4 x 240L bins

- Retail Recycling – 2 x 240L bins

- Residential waste – 13 x 240L bins

- Residential recycling – 8 x 240L bins

- Green waste – 1 x 240L bin

161. A condition will require that the Waste Management Plan will be upgraded to provide a system of removing waste that is ongoing and relies on a maximum the 2 services per week.

162. No green waste bin is proposed as the WMP suggests that the Body Corporate will need to ensure any contractors that will be managing and maintaining areas of open space will have to remove this waste as part of their contract. It is considered that a green waste bin should be accommodated which can be filled by occupants or contractors servicing the building and can easily be taken out to the street for collection by Council on designated days.

163. The issues highlighted with waste management are considered to be relatively straightforward and can be addressed via appropriate conditions as the waste room and space has the capacity to be enlarged if it needs to.

Stormwater/Drainage Engineer

164. The application was referred to Council’s Engineers who raised some issues with the connection of the proposed stormwater system through to Council’s kerb and gutter. The design as proposed is not acceptable however this issue can be addressed via a condition which has been imposed and reads as follows:

“Referring 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. A gully pit with 2400mm lintel is to be constructed at this location. If no pipe line exists, a new pipe line must be constructed to discharge stormwater. 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.

The stormwater plans shall be revised and submitted to Council’s Asset Engineer satisfying the following.

· A new 375mm diameter RCP drainage line shall be designed and constructed along Tracey Street from the site to the nearest kerb inlet pit. This is to ensure Council’s requirements are met.

· The proposed drainage along Treacy Street shall be documented on a detailed features survey plan that describes all existing structures, utility services, vegetation and other relevant information.

· The inlet pits shall be cast-in-situ and conforming to Council's standard drainage pit details.

· The minimum distance from the lintel to the near end of the splay of the driveway at kerb line shall be at least 500mm.

· A drainage system longitudinal section drawn at a scale of 1:100 or 1:200 horizontally and 1:10 or 1:20 vertically and showing crossing utility services, pipe size, class and type (minimum class 2), pipe support type in accordance with AS 3725 or AS 2032 as appropriate, pipeline chainages, pipeline grade, hydraulic grade line and any other information necessary for the design and construction of the drainage system.”

165. Other standard engineering conditions are to be imposed if consent is to be granted.

Heritage Officer

166. The site is located within the vicinity of a few local designated heritage items. In accordance with Clause 5.10 of the HLEP, an assessment of the proposed development and its impact on the items is required. This issue was considered in detail earlier in this report. Council’s Heritage Officer has reviewed the Applicant’s Heritage Assessment and concurs with the report in that there is no adverse impact generated to the items.

External referrals

Sydney Trains (RailCorp)

167. The application was referred to Sydney Trains (RailCorp) for concurrence. Formal concurrence has been issued subject to conditions if consent is to be granted. Similar conditions were imposed on the consents issued for Stage 1 (Central) and Stage 3 (East) buildings.

Sydney Airports

168. This application was referred to Sydney Airport for comment. Although the proposal will not penetrate the prescribed airspace for Sydney Airport it does not constitute the need for a ‘controlled activity’ within the meaning of Division 4 of Part 12 of the Airports Act 1996. However, the development exceeds the 15.24m existing ground height (AEGH) and comment is required from this Authority.

169. No objection is raised in respect to the proposed development subject to the Applicant obtaining approval for a crane which is included as a condition if approval is granted. Any increases to the overall height of the building will require referral to this Authority.

Ausgrid

170. The application was referred to Ausgrid for comment on 17 September 2018 in accordance with Clause 45 of the Infrastructure SEPP. To date no response has been provided and given the timeframe concurrence can be assumed.

Water NSW

171. The application was referred to Water NSW for comment as the development may fall within the “Integrated” development provisions in accordance with Sections 89 and 91 of the Water Management Act, 2000. The proposal relies on excavation to accommodate five (5) basement levels and the Geotechnical assessment states that ground water may be found 12-16m below ground level. Given this situation a dewatering licence may be required and the proposal may require an activity licence.

172. Water NSW concurrence is forthcoming and it is recommended that the application be deferred subject to concurrence being issued from Water NSW.

SUBMISSIONS AND THE PUBLIC INTEREST

173. The application was neighbour notified on three occasions in accordance with the provisions of the Hurstville DCP 2013 for a period of 14 days on three (3) occasions.

174. The original notification period occurred between 26 September 2018 until 11 October 2018. A total of three (3) submissions were originally received. A second round of notification occurred as the occupants of 21-33 Treacy Street (known also as Imperial Hurstville) were not originally notified. The second notification period was from 18 September 2019 to 9 October 2019.

175. The third and final notification period occurred as a result of receiving the Remediation Action Plan (RAP) which required formal notification and advertising between 6 May 2020 until 5 June 2020. This generated a significant amount of submissions with no objections being raised in respect to the RAP itself but rather to the development and its direct impact on the adjoining development to the east The Imperial Hurstville building (21-33 Treacy Street).

176. Combined, one hundred and thirty nine (139) pro-forma letters were received with 80 individual submissions so in total two hundred and nineteen (219) submissions have been received.

177. A summary of the issues raised by all the submissions received by Council are provided below.

· Inadequate eastern side setback from the Imperial Hurstville building.

178. Comment: The proposed building is to be built to the eastern boundary to 23-31 Treacy Street. This is consistent with the built form outcome envisaged by the Concept Approval. A Nil side setback between all three (3) buildings reflects the approved design outcome for this site.

· Lack of open space and green landscaped area

179. Comment: The amount of deep soil area and the total area of open space (on the ground floor at the rear and roof top) satisfies the provisions and minimum numerical requirements stipulated within the Apartment Design Guide (SEPP 65). The area has been well designed, is functional and contributes to the overall amenity of the development. Again the areas of open space are reflective of the approved Concept Plan. Additional conditions are imposed to improve the visual appearance and functionality of these spaces to enhance their appeal as “green spaces” however the changes are considered minor.

· Loss of sunlight to apartments in Imperial Hurstville (in particular Unit 731)

180. Comment: Apartment 713 is located adjacent to the large communal area of open space (refer to Photo 5 below). The apartment is recessed but its main orientation is to the north and as such receives good solar access. The construction of the building will reduce the amount of light entering the apartment in the afternoon, however, a minimum of 3 hours of solar access will be received during the day which satisfies the assessment criterion for Residential Flat Buildings.

Photo 5: Units on Level 7 and 8 in the Imperial Hurstville building which adjoin the garden terrace level, proposed development will include a wall along the western side.

· Adverse impact creating an unsafe environment and relationship at Level 7 to the adjoining building.

181. Comment: The building has been designed to comply with the built form outcome anticipated by the Concept Approval. The west stage building will be similar to the east stage building that has been completed and this outcome is consistent with the approval. There are no openings located along the eastern side on Level 7 and 8 that adjoin the sky terrace of the Imperial Hurstville building. The relationship between the new building and the existing building and rooftop area of open space is considered to be satisfactory. Granted there will be some view loss to the west, the northern views will be retained which are important and more iconic and the apartments along this level are largely focused and orientated towards the north.

· Structural Integrity of the building wall to Imperial Hurstville will be compromised by the proposed access arrangements and new openings.

182. Comment: A large proportion of occupants within the adjoining building (Imperial Hurstville) are concerned about the impacts of the development on the structural stability and integrity of the existing building given that new openings are to be created within the existing structural wall and given a new five level basement is to be constructed which will create more instability onto the existing building structure.

183. The original concept approval anticipated that there will be new openings within the Central stage building along the eastern and western side of the building. The Central Stage approved (DA2014/1066) plans indicated potential future openings within the wall to cater for vehicular and/or pedestrian access through the central stage development (refer to the approved Basement 1A/1B plan below in Figure 12). The approved strata plan for the Central Stage includes easements for the driveway access through the development and caters for openings within the wall for vehicles to access the basement levels at 33-35 Treacy Street.

Figure 12: Approved basement 1A/1B plan for Central Stage building showing future cut outs on the western and eastern boundaries to accommodate future access for the East and West Stages (courtesy: Frank Stanisic, 2015)

· Increased parking and traffic congestion

184. Comment: The proposed increase in density will generate more traffic movements and activity in the streetscape and in the immediate area than what was envisaged at the time the concept approval was assessed and consented to. Given that Treacy Street is located on the periphery of the Hurstville Town Centre, the impacts are not direct but rather secondary. The traffic report submitted with the application calculated that traffic generated by the development is some 11 additional vehicle movements in the am peak and 10 in the pm peak. This isn’t considered to be significant or create adverse delays or conflicts at key intersections.

185. The Concept Approval in 2012 always envisaged this higher density in this area and the subsequent approvals of other larger scaled mixed uses in the commercial area have increased traffic and congestion in the area. The cumulative impact of parking and traffic impacts should be considered in a more holistic way and every individual development will find it difficult to correct impacts generated by a series of developments. Town Centres are constantly faced with the challenge of accommodating larger scaled developments and managing the longer term impacts. By in large Council’s policies around parking numbers and generation should assist in providing a longer term targeted program to ease congestion and manage traffic impacts during certain times.

186. The development comprises of 41 apartments and the traffic generated by this number of dwellings is not considered to be significant. It will no doubt create some added pressure on key intersections but this is not considered to be at a level that is unmanageable.

· Existing leaks in the car park of No.21-33 Treacy Street and the impact of this development may worsen this situation

187. Comment: If there are current building construction issues and deficiencies these are issues that need to be rectified with the Builder under their insurance policy. The proposed development includes a Geotechnical report which outlines the method of excavation and piering/piling that will need to occur to create a structurally secure building. Appropriate conditions will be included to ensure the excavation and construction is safe and structurally viable.

188. The proposed development does not rely on the adjoining building wall for structural stability. It will have its own wall along the common boundary and will require separate piling within the boundary of the subject site. Conditions will require a detailed assessment by a qualified Structural Engineer prior to construction and during construction. Conditions are imposed to ensure structural stability of the existing building and the new works occurs as Council does appreciate the sensitivity around building and construction matters in the current environment. The East stage development successfully achieved this through a number of openings within the Central Stage similar to what is proposed.

· Increased safety concerns as more people will be accessing the basement areas (new boomgates, cameras etc)

189. Comment: Although there will be some more people accessing the basement of the Imperial Hurstville, they are only using the driveway to access the subject site, they will not be parking in this development. The only other shared use is the loading bay which will allow for waste removal and assist with any deliveries to the premises. A condition will require the creation of easements in relation to the use of the driveway and loading bay and a Plan of management will need to be prepared prior to the Construction Certificate being issued to resolve these issues and the management of them moving forward.

190. The L13 rooftop area of open space is also communal for the whole development so the strata plan needs to acknowledge this element as well.

· Increased traffic congestion at the intersections with The Avenue, Forest Road and Jack Brabham Drive.

191. Comment: The main intersections that will be used by the occupants and visitors are Treacy Street and The Avenue and Treacy Street, The Avenue and Forest Road or Treacy Street and Forest. Traffic will not be able to access Brabham Drive unless coming from the south as part of this road is one way onto Treacy Street so it is unlikely many vehicles will use this as it will only capture cars returning from the south. There are several options for vehicles to use to leave Treacy Street and enter the town centre or travel north. Given the options this will disperse traffic flows rather than have all cars utilise one intersection.

· Increased maintenance costs for the occupants of Imperial Hurstville as the new development will be utilising some of their resources ie additional electricity, lighting etc.

192. Comments: As mentioned above, the proposal requires access through the Imperial Hurstville building and the Strata Plan for this development SP90749 includes easements for access utilising the existing driveway, loading bay and allows for openings within the wall to facilitate this access. It is not envisaged that there will be any significant additional pressure on utilities such as lighting and electricity as the vehicles are only using the existing driveway and established resources. There should not be any additional electricity or lighting requirements.

· Loss of views and outlook to Units 801 and 813 in the adjoining development.

193. Comment: Units 801 and 813 located within Imperial Hurstville may lose some western view but this is not considered to be an iconic or key view/outlook. The outlook from these units was taken into consideration when the built form of this stage was assessed as part of the concept approval.

· 23-33 Treacy Street was not notified of the proposal

194. Comment: Originally 21-33 Treacy Street were not notified of the proposal. This was rectified and the adjoining property owners were formally notified and given an opportunity to comment on two (2) separate occassions. Notification was conducted in accordance with the provisions of the Hurstville DCP.

· Loss of views and outlook from a commercial property across the road on Treacy Street

195. Comment: The properties on the northern side of the street face south and the views and outlook are limited to the railway line and some medium density residential developments beyond (located along Railway Parade) and the distant skyline. The loss of this outlook is not considered unreasonable given these are not iconic or important views and the development scale, form and height was determined during the assessment and determination of the concept approval. The outlook will be replaced with larger scaled mixed use developments which are more appropriate development in this zone; The existing buildings on the site are in poor condition and reflect small scale almost industrial like buildings which are uncharacteristic of commercial development in Town Centres.

· Increase in crime and anti-social behaviour i.e. more abandoned trolleys

196. Comment: The development is not encouraging more anti-social behaviour. It is a well-designed and high quality development which should present well and has been designed to ensure a safe and crime free environment.

· Retention of the existing street tree on Treacy Street important.

197. Comment: A condition is included that maintains the existence of the street tree and ensures its protection during construction and seeks to ensure its longer term viability.

· Pavement along 145-147 Forest Street needs urgent repair

198. Comment: This issue is not considered to be relevant to this application. The proposal seeks to improve the pedestrian environment by providing a new pavement that is consistent with the public domain along this side of Treacy Street. The quality and amenity of the streetscape will be improved for pedestrians and locals.

· Proposal exceeds the maximum 15m height limit and the 3:1 FSR.

199. Comment: The Local Environmental Plan height and Floor Space Ratio controls have been superseded by the Concept Approval conditions which establish new controls across the site.

· Access arrangement unsatisfactory from Central Stage development

200. Comment: As much as the existing residents are not satisfied with additional vehicles utilising the existing services and driveway, this was always anticipated as part of the Concept Approval.

CONCLUSION

201. The application seeks permission for the demolition of existing structures and construction of a 13 storey mixed use development (West Stage of approved Concept Plan). The proposed development has been assessed against the Concept Plan Approval and relevant environmental planning instruments and development control plan and is consistent with these requirements. Accordingly, the application is recommended for an “in-principle” approval subject to the determination of Modification No.3 application and concurrence of State Rail and Water NSW. If these issues are satisfactorily addressed the application should be approved subject to the “draft” conditions of consent attached to this report.

DETERMINATION AND STATEMENT OF REASONS

Statement of Reasons

202. The reasons for this recommendation are:

· The proposal generally satisfies the conditions, requirements and commitments of the Concept Plan Approval and subsequent Modification application subject to the approval of the current Modification application which is with the State Government and is currently “under assessment”

· If this Modification application is approved the amended design will be in keeping with the proposed development scheme for this Site. It will also ensure consistency with the Concept Approval (as modified) and the proposed development.

· Subject to formal concurrence being obtained from State Rail and Water NSW the development satisfies the Integrated Development requirements pursuant to the Infrastructure SEPP and Environmental Planning and Assessment regulation.

· The proposed built form, scale and density of the development is consistent with the Concept Approval and approval of this development will finalise the delivery of the redevelopment of the

· The proposal will provide additional housing in the Georges River Local Government Area and provide a mix and diversity of apartment designs and options within a highly accessible location.

· The proposal is not considered to create any adverse amenity impacts and when completed and should improve the visual appearance of the site and have a positive visual impact to the street and immediate surrounds.

· The proposal intends to provide a high quality mixed use development within the Hurstville Commercial Centre.

RECOMMENDATION

203. THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Georges River Local Planning Panel grants an “in principle” approval to Development Application No DA2018/0366 for the demolition of existing structures, lot consolidation, site remediation and construction of a thirteen (13) storey mixed use development containing two (2) ground floor retail tenancies and forty one (41) residential apartments above five (5) levels of basement car parking for a total of seventy four (74) car parking spaces, communal landscaping on the ground level and at the roof level including associated site works on Lots 5 and 6 DP1193, known as 33-35 Treacy Street, Hurstville subject to the following information being provided:

· The Modification Application (No.MP10_0101 Mod 3) lodged with the Department of Environment and Planning on 22 July 2020 is approved and plans and documents being consistent with this approval.

· Formal concurrence received from State Rail.

· Formal concurrence received from Water NSW.

· The draft conditions attached to this report are to be updated to reflect any changes and additional conditions and requirements stipulated by Government Agencies.

Once the above information is provided and satisfied the Panel delegates responsibility to the Manager Development and Building to issue the formal development consent.

204. If the modification application (Mod 3) before the State Government is refused or approved in a modified form, the Applicant will be provided with the opportunity (21 day period) in which to amend the Development Application and an updated electronic report provided to the Panel within thirty (30) days of receipt of the revised plans.

205. If the Applicant decides not to amend the application and Council decides to refuse the application the Panel delegates this decision to the Manager Development and Building.

DRAFT DEVELOPMENT CONDITIONS

DEVELOPMENT DETAILS

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

(note: plan numbers may need to be altered to reflect the Mod 3 plans if approved)

The following architectural plans prepared by Stanisic Architects
Description	Reference No.	Date	Revision
Cover Sheet	DA 00	16/07/2018	Issue 9
Location Plan	DA 01	15/06/2018	Issue 7
Context Analysis Plan	DA 02	15/06/2018	Issue 8
Site Analysis Plan	DA 03	15/06/2018	Issue 7
Site Plan	DA 04	15/06/2018	Issue 8
B3, B2 Plans	DA 05	30/07/2018	Issue 9
B1, B1C Plans	DA 06	30/07/2018	Issue 10
Level 1 (Ground) Plan	DA 07	30/07/2018	Issue 9
B1E, B1D, L1, L2 Plans	DA 08	1/08/2018	Issue 12
L3, L4, L5, L6	DA 09	13/07/2018	Issue 9
L7, L8, L9, L10	DA 10	15/06/2018	Issue 8
L11, L12, L13, Roof	DA 11	13/07/2018	Issue 10
North Elevation	DA 12	1/08/2018	Issue 10
South Elevation	DA 13	1/08/2018	Issue 11
West Elevation, Section A-A	DA 14	1/08/2018	Issue 10
Section B-B	DA 15	13/07/2018	Issue 10
Cross ventilation Diagrams	DA 19	16/07/2018	Issue 10
Common open space Diagram	DA 20	1/08/2018	Issue 7
Adaptable Unit – Pre and Post Adaptable	DA 23	16/07/2018	Issue 9
The following structural plans prepared by Australian Consulting Engineers
Description	Reference No.	Date	Revision
General notes sheet 1 of 3	S0000	24/05/2018	B
General notes sheet 2 of 3	S0001	24/05/2018	A
General notes sheet 3 of 3	S0002	24/05/2018	A
Shoring Plan	S0100	28/05/2018	C
Shoring Elevations	S0101	28/05/2018	C
Shoring Details 1 of 2	S0102	28/05/2018	B
Shoring Details 2 of 2	S0103	28/05/2018	A
Railway Profile Sections	S0104	24/05/2018	A
Monitoring Plan	S0105	28/05/2018	A
Basement B3A and B3B Slab on Ground	S0300	24/05/2018	A
Basement B2A and B2B	S0400	24/05/2018	A
Basement B1A and B1B	S0500	24/05/2018	A
Basement B1C and B1D	S0600	24/05/2018	A
Basement B1E	S0700	24/05/2018	A
Ground Floor Slab Plan	S0800	24/05/2018	A

Also the following plans and documentation:

Landscape Plans Drawing No.s 1-6 Rev E prepared by Distinctive Living Design, Drawing No.s 23-18.00- 23-18.05 and dated 3 August 2018

Statement of Heritage Impact prepared by Cracknell and Lonergan, dated 13 June 2018

Stormwater Drawings dated 23 September 2018 prepared by Australian Consulting Engineers

Survey Plan dated 22 November 2010 and prepared by Danny Linker and Co and Survey Plan prepared by Lockley Land Titles Solutions, reference 34357DT and dated 28 August 2011

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.

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. This approval is to be obtained from RMS.

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

(a) Placing or storing materials or equipment;

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

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

(e) Pumping concrete from a public road;

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

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

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

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

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

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

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

The relevant Application Forms for these activities can be downloaded from Council’s website www.georgesriver.nsw.gov.au. For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

3. 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:

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. An amount will be determined when the application is lodged;

e) 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.

f) 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.

4. Vehicular Crossing – Major Development - The following road frontage works shall be constructed in accordance with the specifications issued under the “Application for Driveway Crossing and Associated Works on Council Road Reserve” Approval issued by Council’s Assets and Infrastructure Division.

(a) Construct a new footpath for the full length of the frontage of the site on Treacy 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.

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

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

5. 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 AND OTHER GOVERNMENT AUTHORITIES

6. 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.

7. Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance.

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

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

8. 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).

9. Electricity Supply to Development – The electricity supply to the development must be underground.

10. Sydney Trains – The following requirements need to be satisfied;

(i) Insert conditions when concurrence issued.

11. Sydney Water – The following General Terms of Approval (GTA’s) for dewatering shall be satisfied;

(i) Groundwater shall not be pumped or extracted for any purpose other than temporary construction dewatering at the site identified in the development application.

(ii) An authorisation under the relevant water legislation, such as a Water Access Licence (WAL) shall be obtained for the take of groundwater as part of the activity. For avoidance of doubt, these terms do not represent any authorisation for the take of groundwater, nor do they constitute the grant, or the indication of an intention to grant, any WAL.

(iii) An authorisation under the relevant water legislation, such as an Approval, is also required for the works involved in extracting the groundwater. For avoidance of doubt, these terms do not represent any authorisation for the construction or installation of such works.

(iv) The relevant works must not be carried out. Installed or operated until a specialist hydrogeological assessment has been completed by the Department of Planning Industry and Environment which concludes that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source, or its dependent ecosystems as a consequence of the construction or use of the proposed water management work.

(v) The design and construction of the building must prevent any take of groundwater after the authorisation has lapsed by making any below-ground levels that may be impacted by any water table fully watertight for the anticipated life of the building. Waterproofing of below-ground levels must be sufficiently extensive to incorporate adequate provision for unforeseen high water table elevations to prevent potential future inundation.

(vi) Sufficient permanent drainage shall be provided beneath and around the outside of the watertight structure to ensure that natural groundwater flow is not impeded and: a. groundwater mounding at the edge of the structure shall be at a level not greater than 10% above the level to which the water table might naturally rise in the location immediately prior to the construction of the structure; and b. any elevated water table is more than 1.0m below the natural ground surface existent at the location immediately prior to the construction of the structure; and c. where the habitable part of the structure (not being the footings or foundations) is founded in bedrock or impermeable natural soil then the requirement to maintain ground water flows beneath the structure is not applicable.

(vii) Construction methods and material used in and for construction shall be designed to account for the likely range of salinity and pollutants which may be dissolved in groundwater, and shall not themselves cause pollution of the groundwater.

(viii) The Applicant is bound by the above terms and any other terms and conditions of the subsequent authorisations required for the extraction of groundwater and the associated works under the relevant water legislation.

(ix) Measurement and monitoring arrangements to the satisfaction of WaterNSW are to be implemented. Weekly records of the volumes of all groundwater pumped and the quality of any water discharged are to be kept and a completion report provided after dewatering has ceased. Records of groundwater levels are to be kept and a summary showing daily or weekly levels in all monitoring bores provided in the completion report.

(x) Following cessation of the dewatering operations and prior to the surrender of any associated authorisation, the applicant shall submit to WaterNSW the completion report which shall include: a. detail of the volume of water taken, the precise periods and location of water taken, the details of water level monitoring in all of the relevant bores; and b. The location and construction of groundwater extraction works that are decommissioned c. a water table map depicting the aquifer’s settled groundwater condition and a comparison to the baseline conditions and d. a detailed interpreted hydrogeological report identifying all actual resource and third party impacts, including an assessment of altered groundwater flows and an assessment of any subsidence or excessive settlement induced in nearby buildings and property and infrastructure.

(note: these are standard Water NSW conditions which may need to be amended after concurrence is issued).

12. Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

13. Ausgrid – The following Ausgrid requirements are to be satisfied;

a) Prior to any development being carried out, the approved plans must be submitted to Ausgrid’s local customer service office for approval to determine whether the development will affect Ausgrid’s network easements.

b) 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) Ausgrid is to be consulted to determine if underground electricity conduits are to be installed in the footway. If so, the developer is to install the conduits within the footway across the frontage/s of the development site, to Ausgrid's specifications. Ausgrid will supply the conduits at no charge. The developer is responsible for compaction of the trench and restoration of the footway in accordance with Council direction. For details visit www.ausgrid.com.au or call 131365

14. Ausgrid - Clearances to electricity mains - If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, Ausgrid is to be consulted to determine if satisfactory clearances to any existing overhead High Voltage mains will be affected. If so, arrangements are to be made, at your cost, with Ausgrid for any necessary modification to the electrical network in question. For details visit www.ausgrid.com.auor call 131365.

15. Ausgrid - Undergrounding electricity mains (Hurstville CBD area) - Arrangements are to be made with Ausgrid to install underground all low voltage street mains in that section of the street/s adjacent to the development and to provide conduits for the future under grounding of high voltage mains. This shall include any associated services and the installation of underground supplied street lighting columns where necessary. These works to be carried out at the expense of the beneficiary of the consent. For details visit www.ausgrid.com.au or call 131365.

16. Sydney Airport – The following requirement/s from Sydney Airport shall be satisfied;

(i) Approval to operate construction equipment including cranes (Application for Approval of Crane Operation) should be obtained prior to commencing any construction work.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

17. Required Design Changes – The following amendments are to be made to the plans and details provided with the Construction Certificate to the satisfaction of the Principal Certifying Authority;

(a) The winter gardens shall have the lower pane of glass from the finished floor level constructed of obscure glazing.

(b) An entry door shall be included to Unit 603 on Level 6 in the Construction Certificate Plans.

(c) The basement finished floor levels shall be consistent with the finished floor levels within the Central Stage (Imperial Hurstville) building. The lobby area in the basement/s shall also be designed to reflect these levels.

(d) The rooms with a snorkel window shall have this window relocated and extended 1m to the north and the windows to this elevation shall be full height operable windows to increase the amount of light and ventilation into these spaces.

(e) Full height, louvred privacy screens shall be implemented along the western sides of balconies to Units 1201, 1101, 1001, 901, 801, 701, 601, 501, 401, 301 and 201.

(f) One additional storage space/cage shall be created in the basement to ensure every apartment has access to an individual storage area/cage. The space shall satisfy the minimum storage requirements as stipulated in the Apartment Design Guide.

(g) The Landscape Plan shall be updated to cater for the following details;

- Planter boxes shall be included around the periphery of the roof terrace especially along the western side and shall be designed to include a self irrigation system and include a minimum of 5 medium sized trees/shrubs.

- The roof top terrace area shall include some benches and seating that can be built into the planter boxes.

- The roof top landscaped area shall be redesigned to be similar and consistent with the original landscape plans that were lodged with the Concept Approval prepared by Habitation, plan No.s 10_081 L02 dated 26 November 2010 (Rev A).

- The rear ground floor communal area shall be softly landscaped and shall be consistent with the original landscape plans that were lodged with the Concept Approval prepared by Habitation, plan No.s 10_081 L06 dated 26 November 2010 (Rev A). The water feature may not be necessary and could be replaced with planting.

- A minimum of four (4) new trees with heights of 8m at maturity to be planted along the rear boundary to provide additional screening shall be included.

- A WC is to be included adjoining the Lobby on L13.

(h) Details of the proposed treatment of the western elevation wall (when completed) shall be designed by Stanisic architects.

(i) An area with minimum dimensions of 9m wide (equivalent to two panels CN1 wide as shown on the western elevation plan DA 14) and up to the finished floor level of Level 2 shall be dedicated as a public art space.

(j) The awning design shall be consistent with the existing awning adjoining the site along the front of 21-33 Treacy Street and shall comply with Council’s specifications and requirements in respect to awnings. Cut outs may be required to accommodate street trees.

(k) The floor to ceiling height of the retail tenancy No.1 shall be a minimum of 3.3m.

18. Stormwater drainage design changes – The stormwater plans shall be revised and submitted to Council’s Asset Engineer satisfying the following.

· A new 375 mm diameter RCP drainage line shall be designed and constructed along Tracey Street from the site to the nearest kerb inlet pit. This is to ensure Council’s requirements are met.

· The proposed drainage along Treacy Street shall be documented on a detailed features survey plan that describes all existing structures, utility services, vegetation and other relevant information.

· The inlet pits shall be cast-in-situ and conforming to Council's standard drainage pit details.

· The minimum distance from the lintel to the near end of the splay of the driveway at kerb line shall be at least 500mm.

· OSD Volume and orifice size calculations shall be revised up to100 year ARI flood event and shown on the Stormwater Plan. Please note that DRAINS model results table in drawing D14, Rev B shows up to the 20 year ARI event which is not acceptable. It is noted Lane Cove Council On-Site Stormwater Detention System label is used on the drawing.

19. 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 line 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.

20. 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 within the Georges River Stormwater Management Policy.

21. Structural stability - The construction certificate plans must be accompanied by a certification from a qualified structural engineer that the structural design of the basement walls and upper level walls will be structurally sound and stable to support the building as well as considering the siting and maintaining support to the adjoining building (21-33 Treacy Street).

22. Access through to adjoining building - The construction certificate plans must be accompanied by a certification from a qualified structural engineer that the structural design and construction method proposed to create the new openings for access through to No.21-33 Treacy Street (Imperial Hurstville building) will be structurally stable and will be able to support the new and existing building.

23. Building - Structural Engineers 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 must be submitted.

24. Mechanical Plant – the proposed design and location of the mechanical ventilation system, plant and equipment will need to be provided to the Certifier. All plant and equipment shall be appropriately treated and sound proofed. It is recommended that prior to the Construction Certificate (CC) being issued a detailed acoustic assessment be conducted once the exact location of the equipment is confirmed.

25. Development Assessment - Design Quality Excellence - In order to ensure the design quality excellence of the development is retained:

(i) The design architect – Frank Stanisic 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.

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

26. External Finishes (Colours and Textures) – The development shall be constructed in accordance with the schedule of finishes, colours and materials as stipulated in the plan submitted with the application and prepared by Stanisic Architects.

27. BCA Compliance – The recommendations in the BCA Compliance Assessment Report prepared by BCA Consulting and dated 4 July 2018 shall be implemented as part of the Construction Certificate and the Certifier shall ensure compliance is achieved.

28. Remediation – The recommendations of the Remediation Action Plan prepared by EI Australia and dated 19 May 2020 Remediation Works shall be implemented prior to any form of demolition and excavation occurring.

All remediation work must be carried out in accordance with: -

· The State Environmental Planning Policy No 55--Remediation of Land (SEPP 55); and

· Guidelines made or approved by the EPA include the National Environment Protection (Assessment of Site Contamination) Measure 1999 (April 2013) (ASC NEPM), Guidelines for consultants reporting on Contaminated Sites and Guidelines for the NSW Site Auditor; and in accordance with the Remediation Action Plan, 33-35 Treacy St Hurstville. Version E24585.E06_Rev1” by Eiaustralia dated 19 May 2020.

29. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 945605M and dated 28 August 2018 must be implemented on the plans lodged with the application for the Construction Certificate.

30. 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.

31. Acoustic attenuation for apartments adjoining lift core – Where bedrooms 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)

32. Wind mitigation – The recommendations in the Addendum Report prepared by Wind Tech and dated 30 August 2018 shall be included as part of the Construction Certificate Plans. Updated Landscape Plans shall include the recommendations included as part of this report.

33. Building Sustainability – The recommendations of the Building Sustainability report prepared by Floth Consultants and dated 20 April 2012 shall be incorporated into the development and compliance shown at the Construction Certificate stage to ensure a minimum 4 Star Rating against the Green Star Scheme can be achieved.

34. Geotechnical – The recommendations of the Geotechnical report prepared by Assetgeo and dated 25 May 2018 shall be implemented as part of the Construction Certificate details and plans.

35. Street trees – The existing street tree at the front of the site along Treacy Street shall be retained and an additional street tree installed to the east of the existing tree. The new tree shall be to Council’s specifications having a min 100L pot size and will be consistent with the planting of street trees along the front of 21-31 Treacy Street.

36. 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 provided to Council with the construction certificate plans and documents.

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

(a) location of protective site fencing;

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

(d) provisions for public safety;

(e) dust control measures;

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

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

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

(i) provisions for temporary sanitary facilities;

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

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

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

(m) construction and demolition traffic management details.

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

38. Crime Prevention/Maintenance Conditions - The construction certificate plans shall show the following details:

- External boundary walls to be sealed and coated in anti-graffiti product that provides for long-term permanent protection.

- Lighting to the Treacy Street frontage and in the residential and commercial foyers

39. Development Engineering – Alignment Levels - An Application under Section 138 of the Roads Act 1993 shall be submitted to Council’s Engineer for the issue of levels for the new kerb and gutter, footpath design and alignment levels for the full frontage of the site in Treacy Street. These kerb and alignment levels shall be issued prior to the issue of the Construction Certificate.

Constructing a vehicular crossing, kerb, gutter and/or footpath requires separate approval under Section 138 of the Roads Act 1993, prior to the issue of the Construction Certificate.

40. Health - Acoustic Certification - Rooftop Mechanical Equipment (CBD only) - The Construction Certificate plans must be accompanied by a certificate from a professional acoustic engineer certifying that noise from the operation of any roof top mechanical plant and equipment will not exceed the background noise level when measured at any boundary of the site. If sound attenuation is required, this must be detailed on the plans lodged with the Construction Certificate.

41. 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 and finishes (to be consistent with the adjoining footpath detailing and treatment at the front of 21-31 Treacy Street;

· Design and treatment of Council’s front verge. This shall include the planting of mature 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.

· New driveway cross-overs

A detailed plan shall be provided and approved by Council’s Delegate prior to the issuing of the Construction Certificate.

42. 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.

43. 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:

(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).

44. Acoustic Requirements - Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the recommendations in the Acoustic Report, titled “Environmental Noise Impact” prepared by Day Design and dated 21 August 2018.

Written verification from a suitably qualified acoustic consultant must be submitted to Council validating that the acoustic objectives and recommendations contained within the aforementioned report will be met, must be submitted to Council prior to the issuing of the Construction Certificate.

45. Noise and vibration - The Construction Certificate plans shall demonstrate compliance with the recommendations in the “Noise and Vibration Intrusion Assessment” report prepared by Day Design and dated 21 August 2018.

46. Traffic management – Mirrors are to be installed at each breakaway connection between the basement levels to ensure that vehicles moving between the two developments are visible to each other at all times.

47. 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.

48. Fire requirements - 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 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.

49. 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 for General Fees 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 24.42m frontage x $1236.00 Treacy Street frontage	$30,183.12
Inspection Fee for refund of Damage Deposit (x2)	$742.00
DEVELOPMENT CONTRIBUTIONS
Hurstville Section 94 Development Contributions Plan 2012 (Amendment No.2) City Centre Contributions	$34,342.38
Hurstville Section 94 Development Contributions Plan 2012 (Amendment No.2) Community Facilities	$77,404.97
Hurstville Section 94 Development Contributions Plan 2012 (Amendment No.2) Open Space	$547,309.29
Total Development Contributions (this excludes General Fees – damage deposit and inspections)	$659,056.64

General Fees

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

Development Contributions

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

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

Indexation

The above contributions will be adjusted after 1May 2020, 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 development contribution that is required to be paid in accordance with this condition of this consent must be paid before the issue of the first Occupation Certificate in respect of any building to which this consent relates, except as noted below in accordance with the Ministerial Direction issued 25 June 2020.

If no Construction Certificate in respect of the erection of any building to which the consent relates has been issued before or on 25 September 2022, the monetary contribution must be paid before the issue of the [first] Construction Certificate after that date for any such building.

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.

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

i. 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: $30,183.12

ii. 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.

51. Landscape Plans - All landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Distinctive Living Design, drawing numbers – 23 – 18.01 - 05 .

The landscaping shall be maintained in accordance with the approved plans (apart from any landscape design changes specified in other conditions specified as part of this consent) in perpetuity, subject to the following:

· All proposed trees shall be minimum 75 litre trees.

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

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.

53. Tree Removal & Retention - The following trees shall be retained and protected:

Tree Species

Location of Tree / Tree No.

Tree Protection Zone (metres)

Fencing distance from trunk

Robinia psuedoacacia

Council’s street tree

4.2 metres radially around tree

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.

Street Tree Removal / Replacement by Council –

a) One street tree of species to be determined and to Council’s satisfaction must 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.

c) The fees must be paid in accordance with the conditions of this consent. The fee payable is to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

d) The fees payable 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 conditions set out in this consent.

Fee Type – Tree planting on public land	Number of trees	Amount per tree
Administration Fee, tree planting and maintenance	X1	$452.00
Cost of tree removal	-	N/A
Cost of Stump Grinding	-	N/A

54. Use of Rooftop open space - A Plan of Management (POM) for use of rooftop open space must be submitted to the satisfaction of the Principal Certifying Authority with a copy provided to Council prior to the issuing of the Construction Certificate. The POM must outline the following:

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

(ii) The maximum number of users at any one time shall be specified (for this development a maximum of 20 at any one time is recommended) given the size of the space;

(iii) Include provisions to maximise the safety (fire safety and general safety) for users of this area.

(iv) no amplified music is permitted;

(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.

55. Parking and Layout - The design of the development shall comply with the following requirements with details demonstrating this submitted to the satisfaction of the Principal Certifying Authority prior to the release of a Construction Certificate;

· The layout of the proposed car parking and loading 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) shall be in accordance with AS 2890.1-2004, AS2890.6-2009 and AS 2890.2-2002 for heavy vehicle usage.

· Bicycle parking associated with the subject development shall be in accordance with AS 2890.3 (Bicycle Parking Facilities).

· Driveway access is 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.

· 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.

· All vehicles shall enter and exit the premises in a forward direction.

56. Construction materials - Any proposed new 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.

57. Railway corridor – The wall to the railway corridor shall be finished or painted with anti-graffiti paint or similar materials.

58. 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.

59. 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 to the satisfaction of the Principal Certifying Authority 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.

60. 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.

61. 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 unit 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.

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

63. Development Engineering - Driveway Construction Plan Details - Engineer's details shall be submitted with the Construction Certificate application regarding the proposed construction of the driveway.

These details shall show longitudinal and cross sections, gradients, swept paths, type of construction materials and shall be designed in accordance with AS/NZS2890.1-2004.

The driveway shall be designed with a surface that shall be non-slip.

64. Construction Traffic Management Plan (CTMP) - A Construction Traffic Management Plan is to be prepared detailing:

(a) construction vehicle routes;

(b) anticipated number of trucks per day;

(d) how construction works will be coordinated with the use of No.21-33 Treacy Street

(e) Access arrangements; and

(f) 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 CTMP shall be sent to Georges River Council email to mail@georgesriver.nsw.gov.au Attention: Traffic Section - Construction Traffic Management Plan for DA2018/0366.

65. Community room – The builder shall communicate and coordinate with the Strata Manager of the adjoining development (21-31 Treacy Street) the construction process which will provide a physical opening within this room through to the roof terrace on Level 13 for access for occupants within the Imperial Hurstville building.

66. Easements – An easement for access may need to be created prior to the issuing of the Occupation Certificate that entitles the owners and occupants of No.21-31 Treacy Street to be able to use the roof top garden and the Plan of Management is provided to the Body Corporate of the neighbouring building for their information.

67. Waste Management Plan – an updated/revised Waste Management Plan shall be prepared and lodged to the satisfaction of the Certifier prior to the issuing of the Construction Certificate and shall outlined waste management and removal during construction and ongoing occupation of the building. It shall also outline how waste removal will be coordinated with the existing waste removal arrangements at 21-31 Treacy Street. Measures shall be adopted to minimise any conflicts and the proposed arrangements shall comply with Council’s requirements for waste disposal.

68. Waste Storage (Residential and Mixed Use Developments) - The plans shall include details of the waste storage area as below to the satisfaction of the Principal Certifying Authority prior to the release of a Construction Certificate. 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 1.0metre wide and kept clear and unobstructed at all times. All garbage rooms must have double doors to allow the access of bins from the basement to kerbside.

Residential Waste

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

Putrescible Waste

(a) A minimum of 13 x 240L garbage bins.

Recycling Waste

(b) A minimum of 8 x 240L recycling bins.

Green Waste

Retail Waste

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

Retail Putrescible Waste

(a) A minimum of 4 x 240L or 1 x 1100L mobile bins for commercial waste, and

Retail Recycling

(b) A minimum of 4 x 240L or 2 x 1100L mobile bins for commercial recycling

The number of bins and the removal of waste shall be once to a maximum of twice a week.

69. Garbage rooms – The residential garbage/recycling rooms shall be separate to the commercial garbage/recycling areas. These rooms shall be clearly designated on the construction certificate plans and will need to accommodate the minimum number of bins as specified in Condition 49 to the satisfaction of the Principal Certifying Authority prior to the release of the Construction Certificate.

70. Removal of waste – Garbage and recyclable waste shall be removed from the street or loading bay located at 21-31 Treacy Street. An arrangement for either a Private Contractor or Council to remove waste shall be organised and either arrangement shall ensure that waste removal will minimise noise and impact on the streetscape.

71. Bulky Goods Waste Room – An area shall be enclosed and designated as a Bulky Goods Waste/Storage space. This room is to cater for larger goods such as furniture that is to be disposed of and can be stored in this space until collection occurs and is to be shown within the approved building envelope on the Construction Certificate Plans to the satisfaction of the principal certifying authority prior to the release of a Construction Certificate.

72. 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 to the satisfaction of the Principal Certifying Authority.

73. 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.

74. Access for Persons with a Disability and Adaptable Housing - Access for persons with disabilities must be provided throughout the site, including to all communal spaces, lobby/entry 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.

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 Certifying Authority prior to issue of the Construction Certificate.

75. 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.

76. Protection of basement from inundation of stormwater waters - 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 demonstrating compliance with this requirement to the satisfaction of the Principal Certifying Authority.

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

An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and installed. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

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

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

Full details shall accompany the application for the Construction Certificate.

78. 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 and the section of driveway that cannot drain from the site by gravity 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 to the satisfaction of the Principal Certifying Authority.

79. 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 to the satisfaction of the Principal Certifying Authority.

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.

80. 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 Applicant shall liaise with Council’s Geographical Information System to confirm the primary street address.

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.

81. Written comments from Fire and Rescue 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 water storage tanks, construction of booster pump and valve rooms and any Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.

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

82. 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).

83. 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.

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.

84. Building - Structural Engineers 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 must be submitted.

85. 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 Certifier for approval prior to construction of the specified works. A copy shall be forwarded to Council where Council is not the Certifier.

86. 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.

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

(i) Photographs showing the existing condition of the road pavement fronting the site

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

(iii) Photographs showing the existing condition of the footpath pavement fronting the site

(iv) Photographs showing the existing condition of any retaining walls within the footway or road,

(v) Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

(vi) The full name and signature of the structural engineer.

The Dilapidation Report must be prepared by a qualified structural engineer. The report must be provided to the Certifier 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.

88. Hazardous materials survey – A hazardous materials survey shall be prepared prior to the commencement of works on site.

89. Site Stormwater Discharge Pipe across the Footpath - The stormwater connections to the street gutter are to discharge via a silt arrestor pit within the site and are to have a minimum 1% fall to the street gutter. The connections are to be made to Council’s requirements and are to be spaced a minimum 100mm at the street gutter and shall not connect against the flow in the street.

90. 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.

91. Demolition and 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 Principal Certifier 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.

92. 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.

93. Demolition Notification Requirements - 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.

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.

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.

94. 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.

95. Erosion and Sedimentation Control - Erosion and sediment controls must be provided to in accordance with the approved Site Management Plan.

Removal or disturbance of vegetation and top soil is confined to within 3 m of the approved building area (no trees to be removed without approval). All disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar.

All clean water run-off is diverted around cleared or exposed areas.

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

Controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway. Compliance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by Landcom 2004 is to be met.

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.

96. Site sign – Soil and 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.

97. 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.

98. Utility Services - The applicant shall undertake and bear all costs associated with the liaison, approval and relocation of any utility services. All correspondence and approvals between the Applicant and utility authorities shall be provided to the Council in conjunction with engineering documentation for the stormwater drainage works.

99. Drainage Works - Construction inspections shall be required by Council’s Asset Engineer for the Council stormwater drainage works on public roads at the following hold points: -

· Upon excavation of trenches shown on the approved drainage drawings.

· Upon installation of pipes and other drainage structures.

· Upon backfilling of excavated areas and prior to the construction of the final pavement surface.

An inspection fee is applicable for each visit, and at least 24 hours’ notice will be required for the inspections.

During Construction

100. Site Validation report – A Validation report shall be prepared in accordance with the requirements of the EPA (2020) Guidelines for Consultants Reporting on Contaminated Sites and the EPA (2017) Guidelines for the NSW Site Auditor Scheme and will confirm that the site has been remediated to a suitable standard and in accordance with the process stipulated in the Remediation Action Plan prepared by EI Australia and dated 19 May 2020.

A fully qualified Auditor will be required to sign off on the remediation works and a copy of the Validation report shall be provided to Council at the completion of the remediation works program.

101. Site Validation and monitoring Report - After completion of all Remediation works, a Notice of completion of remediation work must be submitted to Council in accordance with clause 17(2) of the SEPP 55 and the Notice must address all requirements listed in Clause 18 of SEPP 55.

Where a full clean-up is not feasible, or on-site containment of contamination is proposed, the need for an ongoing monitoring program should be assessed. If a monitoring program is needed, it should detail the proposed monitoring strategy, parameters to be monitored, monitoring locations, frequency of monitoring, and reporting requirements.

This Report must be completed and submitted for approval by an EHO prior to the site being granted an OC.

102. Site contamination (Additional information) - 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.

103. Public Street Art – The developer shall liaise with Council’s Coordinator of Cultural Services and scope the works for a local artist/s to prepare an artwork along the designated section of the western elevation of the building. The artwork will be at the Applicants expense and the final artwork selected shall be to the satisfaction of Council’s Coordinator of Cultural Services.

104. Bollards to spaces associated with Community Room – The Applicant shall liaise with the Body Corporate of 21-31 Treacy Street and Council to install bollards to the 5 designated car parking spaces related to the community room subject to the agreement of the Body Corporate and Council.

105. Archaeology - As required by the National Parks and Wildlife Service Act 1974 and the Heritage Act 1977, in the event that Aboriginal cultural heritage or historical cultural fabric or deposits are encountered/discovered where they are not expected, works must cease immediately and Council and Heritage NSW must be notified of the discovery.

In the event that archaeological resources are encountered, further archaeological work may be required before workscan re-commence, including the statutory requirement under the Heritage Act 1977 to obtain the necessary approvals/permits from Heritage NSW.

Note: The National Parks and Wildlife Service Act 1974 and the Heritage Act 1977 impose substantial penalty infringements and / or imprisonment for the unauthorised destruction of archaeological resources, regardless of whether or not such archaeological resources are known to exist on the site.

106. 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:

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

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

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

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

107. 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.

108. 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.

109. 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.

110. Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifier, and Council, where Council is not the Principal Certifier.

111. Site contamination – Discovery of Additional information – If any new information is discovered during demolition or construction (unexpected finds) that has the potential to alter previous conclusions about site contamination, all works must cease the site made secure and the Council and the Principal Certifying Authority (if Council is not the PCA) must be notified as soon as practicable and appropriate action taken, reporting and approvals obtained.

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

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

(i) Set out before commencing excavation;

(ii) Floor slabs or foundation wall, before formwork or commencing brickwork;

(iii) 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;

(iv) 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;

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

(vi) 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 of all structures.

Work must 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.

Prior to the issue of the Occupation Certificate

114. Art work – The public artwork to be located along the western elevation of the building (across the ground and first floor levels) shall be completed to the satisfaction of Council’s delegate.

115. 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.

116. Completion of Landscape Work- All landscape works must be completed before the issue of the Final Occupation Certificate in accordance with approved landscape plans and specifications, drawn by Distinctive Living Design, reference numbers – 23 – 18.01 - 05. The landscaping shall be maintained in accordance with the approved plans in perpetuity, subject to the following –

All proposed trees shall be minimum 75 litre trees.

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 .

117. Major Development - Internal driveways and parking spaces are to be adequately paved with concrete or bitumen, or interlocking pavers to provide a dust-free surface. All car parking spaces are to be line marked in accordance with AS1742, ‘Australian Standard Manual of Uniform Traffic Control Devices’ and the relevant guidelines published by the RMS.

118. 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 five adjoining premises.

The report is to be prepared at the expense of the applicant and submitted to the Principal Certifier prior to the issue of the Occupation Certificate. In ascertaining whether adverse structural damaged has occurred to the adjoining premises, the Principal Certifier, 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 Principal Certifier prior to the issue of any Occupation Certificate.

119. Design Excellence Verification Statement - A certifying authority must not issue an Occupation Certificate for development unless the certifying authority has received a design verification from Frank Stanisic being a statement in which it is verified that the building as constructed meets the design excellence requirements of the PAC approval MP10_0101 in terms of design, materials and finishes.

120. Green Travel Plan – The Green Travel Plan approved as part of the Centre Stage shall be implemented and communicated to residents and employees of the development. The car share scheme shall be operated by a registered car share company.

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

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

122. Consolidation of Sites - 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 an occupation certificate.

123. Access for facilities - Prior to the issue of a strata certificate or occupation certificate over the subject site, (West Stage) easements relating to access, fire egress, support, common space and garbage shall be registered on the title of the subject land in favour of the adjoining stages 1 & 3 and consistent with the plans approved under MPl0-0101 granted by the Planning Assessment Commission, dated 1 July 2011 as modified on 4 Sept 2012 and this development consent.

124. Restriction to User and Positive Covenant for On-Site Detention Facility - A Restriction on Use of the Land and Positive Covenant shall be created an 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

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

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

ii) 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

iii) 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

iv) 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.

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

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 b) (iii) above.

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 (c) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (c) 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.

125. Maintenance Schedule for 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.

126. Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the Principal Certifier prior to the issue of the Occupation Certificate:

a) 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.

b) 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.

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

d) 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.

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

(a) 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.

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

(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) The materials and finishes shall be consistent with the eastern section of the roadway and shall be in accordance with Council’s specifications.

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

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

128. Completion of major road related 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) Driveways and vehicular crossings within the road related area;

(b) Removal of redundant driveways and vehicular crossings;

(d) Relocation of any existing above ground utility services

(e) Relocation/provision of street signs

(f) New or replacement street trees;

(g) New footway verges, if 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.

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

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

(j) New or replaced street trees

(k) The proposed artwork located along the western elevation of the building.

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

129. Dilapidation Report on Public Land - Upon completion of works, a follow up dilapidation report must be prepared or 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:

(i) Photographs showing the condition of the road pavement fronting the site;

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

(iii) Photographs showing the condition of the footway including footpath pavement fronting the site;

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

(v) Closed circuit television/video inspection (in DVD format) of public stormwater drainage systems fronting, adjoining or within the site, and

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

The report must be provided to the Principal Certifier 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.

130. 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.

131. 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 that:

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

(ii) 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 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.

132. 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.

133. 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 Certifier prior issue of the Occupation Certificate.

134. Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the Acoustic Report, titled “Environmental Noise Impact” prepared by Day Design and dated 21 August 2018 and 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.

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

136. Certification - Air handling systems (including water cooling system, hot water systems and warm water systems) - Certification by a suitably qualified person engineer ‘2012 must be submitted to the PCA prior to the issue of any occupation certificate verifying that the air handling system has been installed in accordance with:

(a) Public Health Act 2010 (as amended)

(b) Public Health Regulation 2012 (as amended)

(c) AS/NZS 3666.1:2011 Air-handling and water systems of buildings -Microbial control -Design, installation and commissioning

Operational Conditions (Ongoing)

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

138. Maintenance of Sound Attenuation - Sound attenuation must be maintained in accordance with the Acoustic Report Acoustic Report, titled “Environmental Noise Impact” prepared by Day Design and dated 21 August 2018.

139. Communal Open Space - A Plan of Management for the use of this space shall be adhered to for the perpetuity of the development. The Strata Manager shall ensure that the plan is provided to all residents and occupants of the development and a sign shall be installed communal open space areas to highlight the hours of use of the area and any other operational restrictions i.e keeping the space clean, rules around using the BBQ’s.

140. Final Acoustic Report – Verification of Noise report - Within three months from the issue of an Occupation Certificate, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report.

141. 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.

142. 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.

143. Security - If any security screens/grilles are installed, they are to be openable from within the building.

144. Building identification - The numbering is to be constructed from durable materials and shall not be obscured by vegetation and consistent with the signage of the adjoining building.

145. Entering & Exiting of vehicles - All vehicles shall enter and exit the basement in a forward direction.

146. Loading Bay operations – The Loading bay shall be utilised for the following way;

· The Loading Bay shall be utilised for deliveries to the site and for waste removal.

· Appropriate access arrangements will need to be made with 21-31 Treacy Street as the Loading bay is a shared facility.

147. 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.

148. Responsibility of Owners Corporation - The Owners Corporation shall be responsible for presenting all approved waste and recycling receptacles for collection, and returning all receptacles to the Main Waste Collection Room, as soon as practicable after they have been serviced.

The Owners Corporation shall 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.

149. Maintenance of Landscaping - All trees and plants forming part of the approved landscaping in must be maintained in perpetuity. 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.

150. 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.

151. Waste facilities - 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 must monitor the bin storage area and all spills need to be attended to immediately by cleaners.

152. 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.

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

154. Intensity of car park lighting - Prior to occupation, the intensity of lighting at the entrance to the basement car park is to be designed to allow for progressive adjustment of light.

155. Removal and collection - Bins are to be collected from the loading bay area or taken to the kerbside for collection and garbage bins and recycling bins are to be collected on a twice a week basis. They are to be removed from the kerbside as soon as possible after collection.

156. Allocation of Car Parking Spaces - A total of seventy-four (74) car parking spaces, and a minimum of fifteen (15) bicycle parking spaces associated with the development is to be allocated as follows, sign posted and/or line marked accordingly:

· Fifty eight (58) residential spaces, including designated accessible spaces. Every unit shall have a minimum of one (1) space

· Minimum of five (5) spaces for the retail component dedicated in the following manner;

Retail 1 tenancy – 2 car parking spaces

Retail 2 tenancy – 3 car parking spaces

· Eleven (11) dedicated visitor spaces (with a minimum of one (1) accessible space)

· Fifty eight (58) resident car parking spaces with each residential apartment being allocated a minimum of one (1) car parking space.

· One (1) of the visitor spaces will double up as a shared as a car wash bay.

· Twenty two (22) bicycle spaces.

· Two (2) dedicated motor bike parking spaces

All car parking spaces will be numbered and marked accordingly and all other spaces shall be marked and signposted accordingly.

157. 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 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 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.

(c) Designation of Visitor Car Spaces on any Strata Plan - 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 - 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.

(g) Creation of Positive Covenant for the accessway – A positive covenant shall be created over the rear driveway access 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 rear accessway clean at all times and maintained in an efficient working condition. The accessway 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.

158. Strata Subdivision - 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.

Council will undertake the required inspections to satisfy the requirements of the Strata Schemes Development Regulation 2016 to determine the Strata Certificate.

Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded. 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).

Operational Requirements Under the Environmental Planning & Assessment Act 1979

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

160. Appointment of a Principal Certifier - The erection of a building must not commence until the applicant has:

i) appointed a Principal Certifier for the building work; and

ii) if relevant, advised the Principal Certifier 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:

i) 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

ii) notify the Principal Certifier of the details of any such appointment; and

iii) 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.

161. Notification of critical Stage Inspections - 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.

162. 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.

163. 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.

164. Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the Principal Certifier at least 48 hours before each required inspection needs to be carried out. Where Georges River Council has been appointed as the Principal Certifier, 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.

165. 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

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

167. 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.

168. 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.

169. 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.

170. 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.

171. 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.

END CONDITIONS

NOTES/ADVICES

172. 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.

173. 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.

174. Lapsing of Consent - This consent will lapse unless the development is physically commenced within 7 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.

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

176. 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.

177. 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:

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

· 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 & warning systems and the location of the fire control centre.

· Emergency lighting and exit signs throughout, including communal open space areas, lobby/foyer and basement areas.

· Construction of all fire (smoke) doors including warning and operational signage to required exit and exit door areas.

· Egress grades, provision of handrails, travel distance and the discharge from fire isolated exits.

· The protection of openings, entry to basement areas.

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

· The location and construction of an electricity substation, including the location and smoke separation of electrical distribution boards.

· Re-entry facilities from fire isolated exit stairways.

· Sound transmission and insulation details.

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

· Stretcher facility and emergency lift installation.

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.

178. 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.

179. 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.

180. 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).

181. 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)

182. 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).

183. 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.

184. 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.

185. 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.

186. 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.

187. 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.

188. 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.

189. 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).

190. 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 “Stormwater Drainage 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 number and reference this condition number (e.g. Condition 10)

(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 Stormwater applications.

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

The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and specifications for the new 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.

191. 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.

192. 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.

193. 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 - 33-35 Treacy St Hurstville
Attachment ⇩2	North Elevation - 33-35 Treacy St Hurstville
Attachment ⇩3	South Elevation - 33-35 Treacy St Hurstville
Attachment ⇩4	West Elevation Section A-A - 33-35 Treacy St Hurstville

Georges River Council – Local Planning Panel Thursday, 20 August 2020

Page 221

REPORT TO GEORGES RIVER COUNCIL

LPP MEETING OF Thursday, 20 August 2020

LPP Report No	LPP036-20	Development Application No	DA2019/0135
Site Address & Ward Locality	608 Forest Road Penshurst Mortdale Ward
Proposed Development	Demolition works and construction of a three (3) storey mixed use development over two (2) levels of basement parking
Owners	Three Olives Pty Ltd
Applicant	D Tsagaris
Planner/Architect	Architect: Lyle Marshall and Partners Pty Ltd
Date Of Lodgement	12/04/2019
Submissions	First Notification – 13 and Second Notification - 14
Cost of Works	$3,170,000.00
Local Planning Panel Criteria	The application is subject to SEPP 65 (Design Quality of Residential Apartment Development), more than 10 unique objections were received and a variation to the height of buildings standard of greater than 10%.
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 (Infrastructure) 2007, State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Draft SEPP (Environment) 2017), Draft Remediation SEPP, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Draft Georges River Local Environmental Plan 2020, Hurstville Local Environmental Plan 2012, Hurstville Development Control Plan No 1 - LGA Wide
List all documents submitted with this report for the Panel’s consideration	Architectural Plans, Landscape Plans, Stormwater Plans Statement of Environmental Effects, Traffic Report, Acoustic Report
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 4.3 - Height of buildings

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. The condition can be reviewed when the report is published.

Site Plan

The site is outlined in blue

Executive Summary

Proposal

1. The development application proposes demolition works and construction of a three (3) storey shop top housing development comprising two (2) levels of basement parking. The development consists of one (1) retail tenancy fronting Forest Road on the ground floor, three (3) commercial offices at the rear of the ground floor and vehicular access from Forest Road on the north western side of the site. The total number of units proposed is eight (8) residential units (5 x 1 bedroom units with one being nominated as accessible and 3 x 2 bedroom units). Communal open space is provided on the rooftop.

Figure 1: Photomontage of the proposal

Site and Locality

2. The subject site is legally identified as Lot B in DP 404106, and has a street address of 608 Forest Road, Penshurst.

3. The site is located on the north eastern side of Forest Road, adjacent to the petrol station and is 40m from the intersection with George Street with a signalised intersection commencing within the frontage of the site, being the Forest Road and Junction Street intersection. The site currently contains a single storey weatherboard building with vehicle access along the south eastern boundary.

4. The wider locality features a mix of land uses including shop top housing, commercial, food and drink premise, residential and a service station immediately north west of the site.

Figure 2: Uses of allotment in the immediate vicinity of the site.

Zoning and Permissibility

5. The site is zoned ‘B2 Local Centre’ under the Hurstville Local Environmental Plan 2012 (HLEP). The development is defined as shop top housing under HLEP which is permissible with consent in the zone.

Submissions

6. The development application was publicly exhibited in accordance with the provisions of the Hurstville Development Control Plan No.1.The initial notification was between 24 April 2019 to 17 May 2019 and fourteen (14) submissions were received in response.

7. The amended plans were renotified between 20 November 2019 and 4 December 2019 and one (1) submission containing thirteen (13) signatures was received.

8. The final set of plans dated May 2020, which form the basis of this report were no required to be re-notified under the provisions of the HDCP as they did not result in additional environmental impacts and were an improvement in relation to privacy for neighbouring properties.

Level of Determination

9. This development application is referred to the Local Planning Panel for consideration and determination as it comprises development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies, there are more than ten (10) unique submissions and there is a Clause 4.6 variation to the height control as required by the Ministerial Direction of 23 February 2018.

Conclusion

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

Report in Full

Description of Proposal

11. The development application proposes demolition works and construction of a three (3) storey shop top housing development comprising two (2) levels of basement parking. The development consists of one (1) retail tenancy fronting Forest Road on the ground floor, three (3) commercial offices at the rear of the ground floor and vehicular access from Forest Road on the north western side of the site. The total number of units proposed is eight (8) residential units (5 x 1 bedroom units with one being nominated as accessible and 3 x 2 bedroom units). Communal open space is provided on the rooftop.

12. Specifically, the proposal includes the following:

- Basement Level 2 - contains seven (7) residential parking spaces, three (3) bicycle spaces, storages cages for each unit, lift and stair access to the levels above. A waiting bay and signalized system is proposed to manage vehicle movements.

- Basement Level 1 – contains one (1) x residential parking space being the accessible space, one (1) x retail parking space, two (2) commercial parking spaces and three (3) visitor parking spaces (one doubling as a car wash bay), 3 x bicycle spaces, plant room, lift and stair access to the levels above. A waiting bay and signalized system is proposed to manage vehicle movements.

- Ground floor - contains a retail tenancy at the front of the building fronting Forest Road, an access corridor providing pedestrian movement to the residential lobby, bin store and the three (3) commercial tenancies and open space at the rear of the site, letterboxes, booster assembly, driveway to the basement parking levels including a passing bay at the top of the ramp.

- First floor - contains four (4) residential apartments (2 x 1B units and 2 x 2B units). Balconies are located to the front and rear of the site, with courtyard style open spaces also provided to the side elevations servicing the front-facing units.

- Second floor - contains four (4) residential units (3 x 1B unit with 1 nominated as assessable and 1 x 2B unit). Balconies are located to the front and rear of the site, with courtyard style open spaces also provided to the side elevations servicing the front-facing units.

- Rooftop - contains communal open space and rooftop gardens. The communal area includes a kitchenette and a WC.

Description of the Site and Locality

13. The subject site is legally identified as Lot B in DP 404106, and has a street address of 608 Forest Road, Penshurst.

14. The site is located on the north-eastern side of Forest Road, adjacent to the petro; station and is 40m from the intersection with George Street with a signalised intersection commencing within the frontage of the site, being the Forest Road and Junction Street intersection. The site currently contains a single storey weatherboard building with vehicle access along the south eastern boundary.

Figure 3: The subject site

15. The wider locality features a mix of land uses including shop top housing, commercial, food and drink premise, residential and a service station immediately north west of the site.

16. Land to the north of the site is residential land characterised by one (1) and two (2) storey dwelling houses. Figure 4 is the dwelling located directly behind the subject site on Carruthers Street.

Figure 4: 27 Carruthers Street (directly behind the site)

17. The site to the south east is occupied by a single storey building most recently operating as a food and drink premise. Further south east is another single storey dwelling and a recent two (2) storey shop top housing development with basement car parking.

Figure 5: 606 Forest Road (adjacent to the site)

Figure 6: Development further south of Forest Road

18. The land to the north west is a service station and land on the opposite side of the intersection of Forest Road and Junction Street contains two (2) storey older style shop top housing and commercial development.

Figure 7: Service Station on the corner of Forest Road and George Street

Figure 8: Commercial development on southern side of Forest Road

PLANNING ASSESSMENT

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

Environmental Planning Instruments

State Environmental Planning Policies

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

State Environmental Planning Policy	Complies
State Environmental Planning Policy No 55 - Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004	Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017	N/A
State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development	Yes
State Environmental Planning Policy – Infrastructure	Yes

State Environmental Planning Policy No 55 - Remediation of Land

21. 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.

22. 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.

23. A Preliminary Investigation Report was submitted with the application, which concludes:

“The data quality objectives of the report have been fulfilled. Therefore, the findings of this report, and the results of the chemical analyses indicate the site is suitable for the proposed development in a ‘standard residential with garden/accessible soil’ (‘A’) setting, which is considered suitable for Residential properties with garden/accessible soil (home grown produce <10% fruit and vegetable intake (no poultry), also includes childcare centres, preschools and primary schools, and does not require any remediation works.”

24. The findings of the assessment determined the site is suitable for its intended use and therefore satisfies the requirements of SEPP 55.

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

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

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

State Environmental Planning Policy (Infrastructure) 2007

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

28. The DA was referred to Ausgrid on 16 April 2019 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid had not provided comment at the time of writing this report.

29. The DA was referred to Transport for NSW (RMS) on 16 April 2019 in accordance with Clause 101 of State Environmental Planning Policy (Infrastructure) 2007. Comments on the original plans were provided on 15 May 2019 advising:

1. In accordance with Australian Standards 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway should be a minimum of 5.5 metres in width for a minimum distance of 6 metres from the property boundary. Roads and Maritime notes that the proposed development is not compliant in this regard, in conjunction with the proposed development’s increased vehicle movements near the Forest Road/Junction Street intersection, which could be dangerous to existing road users and future occupiers of the site.

Roads and Maritime acknowledges that there is an existing traffic signal lantern near the existing access point of the subject site, which limits potential widening. As such, Roads and Maritime recommends that the existing driveway is removed and replaced with kerb and guttering to match existing with a new access point, in accordance with Australian Standards, to be established at the most north western extent of the property.

30. Amended plans were referred back to the RMS, and concurrence was granted on 3 December 2019, subject to conditions of consent.

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

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

32. The Vegetation SEPP applies to clearing of:

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

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

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

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

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

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

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

37. A design verification statement dated May 2020 has been provided by Erica Marshall-McClelland Registered Architect (Registration No. 6513) in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000. Was there a new one following the design changes?

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

Design Review Panel

39. The initial plans that accompanied the application were referred to the Design Review Panel (DRP) on 11 July 2019. The amended plans were referred back to the Panel on 12 March 2020.

40. The design quality principles of SEPP 65 are addressed as follows, in the context of the DRP comments. Commentary in response has been provided by the Assessment Officer where necessary. The comments in italics relate to the original plans submitted with the DA and the comments below the italicised text relate to the amended plans submitted in response to those comments.

SEPP 65 – Design Quality of Residential Flat Buildings

DRP Comment

General comment

Context and Neighbouring

Character

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 on the north western extremity of a small local centre. It sits between a service station, a couple of remnant cottages used for business purposes and some church buildings and facilities. On the other side of Forest Road are a number of commercial premises including a bottle shop and a large computer games establishment. Low density residential development surrounds this small local centre.

It is very likely that in the medium to long term the adjoining sites on both sides are very likely to be re-developed, and the design must take this into consideration, assuming that it is not unlikely that continuous solid walls could be constructed along both common boundaries.

The proposed design considers possible future development by providing solid walls and voids to the side boundaries. Future development can be accommodated on the adjacent site with a similar footprint. This development is not indifferent to the development constructed at 598-602 Forest Road.

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.

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

The proposal comprises a small commercial retail space at street level with two storeys of residential apartments above and four (4) boarding house rooms at the rear with two levels of residential apartments above. These components are linked in the centre of the site by a lift and the fire stairs. There are 2 spaces either side of the central core landscaped at ground floor level. The driveway enters the site at the north west corner occupying a significant portion of the frontage, leaving a narrow pedestrian entry to the residential accommodation. This results in a constricted point of pedestrian access to the development overlooking the ramp to the parking areas.

The driveway is now on the south west corner of the site; however the access to development is still constrained.

The development is set into the site at the rear and the roof level steps at the front to fit underneath the 9m height standard. It should be noted that the floor to floor heights for the apartments are 2.9m and the commercial retail has a 3.4m ceiling height. The applicant will have to demonstrate that the ADG ceiling height of 2.7m can be achieved given that the guideline is 3.1m floor to floor.

The floor heights have been amended and now appear to be acceptable.

The rear setback is non-compliant at 4m. The building is built to the side boundaries.

The setback is now 6m to the main building line, although the balconies to the upper levels project 1m further towards the boundary. These should be redesigned to comply with the 6m setback.

The drawings show two (2) basement levels with retaining walls of approximately 200mm thick to the boundaries. It is questionable whether this is achievable noting the geotechnical information is not available to the Panel.

The thickness has been increased to 450mm which should be satisfactory. See further comments below in relation to setback of the basement level B2.

Close examination of the ramp configurations in the basement indicates that they cannot achieve a rise of 2.7m between the basement floors. This has been determined by calculating ramp gradings and distances and also by calculating using the RL’s provided.

This appears to be resolved.

There is insufficient separation between habitable rooms of 8.5m instead of the required 12m.

With the revised plan the main concern is now the extremely small midblock courtyard spaces which are overlooked by bedrooms and balconies. The Panel believes these spaces should be increased, eg by deleting the second bedrooms in the south facing units, which would then achieve courtyards of acceptable size and amenity. These courtyards should be further enhanced by floor slabs covering the ground floor level so that the courtyards are accessible to level 1 and will act as a lightwell to level 2. There should be more solid boundary walls/screens to both boundaries to deal with overlooking, light intrusion from car headlight etc and noise from the service station on the north west side, and potential future development on the south east side. These should be designed to maximise light to the courtyards.

The lift overrun should be clarified, although the Panel has no objection to it penetrating the height plane.

As above. See further comments below under ‘Landscape’.

The Panel is not concerned about the definitional aspects of shop top housing with regards to this application.

No further comment, however the following initiatives should be explored:-

· With the covering of the all the ground floor spaces the open space adjacent to the retail could be converted to an extension of the retail area.

· The space above the driveway entrance could be fully enclosed and converted for use as storage for garbage bins or additional storage for units.

The applicant will need to provide evidence that the fire egress from the central fire stairs complies with the National Construction Code. It is also noted that blade walls to balconies on the boundaries are not in fire rated material.

To be confirmed.

The basement level 2 should be re-planned to provide consolidated deep soil in the northern corner adjacent to Unit 7 and Unit 3. This should be an unimpeded area, free from all structure and of minimum of 5m in any dimension. A medium sized tree should be included in this corner. This may require re-configuration of the car park levels, review of storage layout and removal of one car parking space at a minimum.

The pedestrian lobby widens closer to the lift entry to improve and open up the common area and also provide a transition to the commercial spaces at the rear of the development.

RMS has granted concurrence to the proposal and Council’s Traffic Engineer supports the proposal.

Floor heights are compliant.

A compliant 6m setback is now proposed.

Noted.

Council’s Engineer supports the revised design.

The first floor voids are now courtyards accessed from the living room and bedrooms of the unit. The balconies off the units above have been deleted and glass block walls proposed along the corridor on the units above for privacy.

Location clarified.

The open space has been amended to a bin store room and the floor over the ramp has been widened to provide a planter at the entrance to the commercial tenancies.

A Fire Safety Report has been submitted that confirms the non-compliances with egress, fire separation and services and equipment will be the subject of a fire engineered design.

The deep soil area has been increased and now extends across the width of the site at the rear measuring between 1.7m and 6m in depth.

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.

It is understood that the proposal complies with the LEP being equal to or less than 1.5 to 1 FSR. However Clause 4.4A1 requires commercial/retail space to be a minimum of 0.3 to 1. Considerably less than this amount is provided and the question arises as to whether the application should have the benefit of the shortfall to be re-assigned to residential GFA.

The commercial area would be increased by the extension over the area presently proposed as a courtyard/lightwell and floor space would be further expanded with recommended changes (covering driveway access and courtyards space at level 1). The recommended deletion of the four second bedrooms would reduce total floor area, so that overall the FSR would approximate that permissible. Subject to compliance with FSR control, these changes are recommended.

The Panel has identified several deficiencies throughout the application documents that arise from the intention to put so much accommodation on this small constrained site. In these circumstances it is not appropriate to maximize available floor space.

This will be largely resolved by reduction in unit sizes and increases in courtyard/lightwell areas.

The proposal complies with the maximum FSR standard for the site.

Sustainability

Good design combines positive environmental, social and economic outcomes.

The apartments achieve 75% of direct solar access but 25% receive no solar access which is non-compliant. All apartments are cross ventilated. Otherwise subject to BASIX.

As presented the units would not achieve ADG recommended 70% solar access. Contrary to the statement in the applicant’s submission which claims compliance, however if the south facing units on the second floor were to be provided with rooftop lights/vents to provide good winter sunlight compliance could be achieved. All units would continue to achieve good cross ventilation.

Sustainability issues should be addressed by inclusion of adequate deep soil, rainwater collection and recycling, tree planting, and very desirably solar energy collection and improved solar access to the units.

The proposal is BASIX compliant and meets ADG controls for solar access and ventilation as roof lights have been included in the latest plans.

Landscape

Deep soil provision is inadequate. The only proposed deep soil is a narrow 2m side strip located on the rear of the development. This width also does not comply with ADG min 3m width requirements. Furthermore the design drawings include reference to “deep soil planters” – soil in planters over basement car park is not deep soil.

Refer to comments above under ‘Built Form’ regarding deep soil provision.

The development provides no communal open space for residents. Communal open space is a required, to provide opportunities for group and individual recreation and activities, social interaction

The proposal now provides communal open space on the roof top which is a positive outcome. It is recommended that the roof top space be replanned to provide a planted buffer to both side boundaries. A small enclosed communal space with kitchen/toilet should also be provided.

The internal ground level landscape spaces would be deeply shadowed, and these raised planters offer limited amenity The typical details provided do not illustrate actual conditions and nominated plant species may not be suitable for this context. The configuration and design provide inadequate capacity to achieve optimum plant growth/ health.

The revised application does not provide revised landscape plans therefore we cannot comment on items raised above. It is recommended that the rear space be redesigned to maximise soil areas and space for tree canopy and root ball growth. This condition should be documented clearly in plan and section in the revised landscape submission. This ground level space should be designed as garden outlook for commercial units at ground floor and with trees to provide screening and visual amenity for units above.

There is also poor access to nominated communal space for boarders at the rear of the lot, and the space configuration would create privacy/ overlooking issues for tenants.

Refer comments above. The communal residential space has now been moved to the roof top. It is recommended that the ground level space will be accessed by the commercial tenants only.

The built form and landscape strategy requires substantial review to provide adequate and amenable communal open space for residents.

Provide adequate deep soil provision and minimum dimension across the site.

Refer comments above.

A consolidated area of deep soil is provided at the rear of the site which equates to 7% of the site area.

Landscaped planters are proposed on the rooftop and a communal kitchen and bathroom facilities are provided.

Amended Landscape Plans have been submitted and supported by Council’s Consulting Arborist subject to conditions.

The ground level landscaped area is now nominated for the use of the commercial tenants and the rooftop communal open space is provided for the residents.

Amenity

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

Several aspects of the application arising from the quantum of accommodation sought on this constrained site result in poor amenity as follows:-

- Basement car spaces are with insufficient clearance to side walls. Not complying with AS2980.1 Part 2.4.2(d).

- Constricted cave like character of the lift lobbies in the basement.

- Insufficient storage in the basement.

- Poor residential access.

- Under sized boarding house rooms.

- Garbage storage beside front entrance and lift lobby.

- Bathrooms that are too small.

- Lack of bench space in the kitchens.

- Apartments 5 & 6 do not have sufficient shelter over balconies.

- Maintenance access to landscaped light wells is difficult or non existent.

With the re-planning as recommended above and the amended function of the ground floor north facing spaces these issues should be able to be addressed.

An additional issue is to ensure that the constant noise from the arterial road is considered in the design of the south facing units. For example the soffits of the balcony should be acoustically treated and the screen walls at the end of balconies should similarly deal with the noise.

In relation to the covering of the south facing second floor balconies the drawings are ambiguous in relation to the documents provided (see Sections AA and BB as well as the Massing Model Image). These balconies should be fully covered to ensure protection from weather.

A condition of consent has been included requiring compliance with the recommendations of the Acoustic report.

The second floor balconies are roofed.

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.

Main residential entry doors intended to serve as fire egress need to be recessed opening outwards if compliance can otherwise be demonstrated.

The car park ramp is not at a gradient of 1:20 for the first 6m.

Acceptable

Safety and security have been adequately addressed in the design and public and private areas are defined acceptably.

Surveillance of public and communal areas is achieved.

The separation of the retail entry and the pedestrian entry to the commercial tenancies and residential lobby defines the different uses.

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.

Mix of apartments and boarding house accommodation is satisfactory.

Acceptable

There is nowhere on site for residents to mix and have social interaction.

Now provided on the roof level, and to be enhanced as recommended above by provision of enclosed communal space and attractive landscaping.

A mix of 5 x 1B units and 3 x 2B units are proposed.

The rooftop communal open space now provides a kitchen and bathroom facilities and covered areas with landscaped planters to the roof edge.

Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure.

Good design uses a variety of materials, colours and textures.

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

The splayed columns at the south east corner are completely at odds with the modest scale of this building and also out of character in the urban context. A more straight forward and simple structure is warranted.

The ground level boundary to the service station requires some screening treatment to separate the subject building entry from activities in the service station.

As recommended above the ends of balconies facing the service station and the courtyard/lightwell space in the centre all need to be adequately screened to deal with light and noise. Those on the other side adjacent to the existing and future potential residential developments also need consideration in relation to privacy and overlooking. These issues will require revision of the design and appearance of the side walls.

Planters shown on balconies need to be fully documented in the landscape package.

Timber battens provide screening to the lobby area.

A condition of consent has been recommended to screen the courtyard and balcony side edges of the units at the rear with fixed louvre screens for privacy which will maintain solar access. The street facing units have screens shown on the plans.

An amended Landscape Plan has been submitted with the amended architectural plans.

41. The amended plans dated 20 May 2020, which form the basis of this assessment report, are considered to respond positively to the Design Review Panel’s comments and approval of the proposal is recommended.

Apartment Design Guide

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

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

Section	Design Criteria	Proposed	Comply
3D - Communal and public open space	Communal open space has a minimum area equal to 25% of the site (495 x 0.25 = 123.75sqm)	Communal open space is located on the rooftop: 26% (128.7sqm)	Yes
3D - Communal and public open space	Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter)	2 hours of sunlight is achieved to all of the communal open space areas, with the roof top area receiving direct sunlight.	Yes
3E – Deep soil zones	Deep soil zones are required at a sliding scale in this clause. For a site area of 495sqm, the deep soil zone requirement is 7% with no minimum dimensions.	39.71sqm (8%) of deep soil is provided on the site.	Yes
3F – Visual privacy	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	Sides: Nil setback with solid wall; and 3m with frosted glass block windows; and Privacy screens to balcony edges (front units only). Rear: 6m	Sides: Refer to comments below Yes
Comments on visual privacy: The proposal requires setbacks of between 3m (non-habitable rooms) and 6m (habitable rooms and balconies) to the side setbacks. The development proposed nil setbacks for a majority of the building and setbacks of 3m to provide the internal courtyards and light wells for the residential units. Despite the numerical non-compliance, the proposed setbacks are acceptable on merit as the design of the building meets the objectives for the visual privacy control, in that future development to the east is not compromised as the two (2) allotments at Nos. 604 and 606 are in the same family ownership, therefore the two (2) allotments could be redeveloped as an amalgamated site and able to adopt a similar ‘boundary to boundary’ built form without compromising development potential. Possible future redevelopment of the petrol station site to the west is not compromised as it has the benefit of a substantially larger site area and dual frontage enabling building separation to the subject site to be more easily achieved.
3J – Bicycle and car parking	For development in the following locations: · on sites that are within 800m of a railway station or light rail stop in the Sydney Metropolitan Area; or · on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less The car parking needs for a development must be provided off street	NA – DCP parking rates apply. The following are the DCP controls for car parking: 1 space per 1B or 2B unit: 1B x 5 units = 5 2B x 3 units = 3 8 spaces required 8 proposed	NA
4A – Solar and daylight access	Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9am and 3pm at mid-winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas	87.5% of units (7 of 8) achieve minimum 2 hours sunlight in mid-winter.	Yes
4A – Solar and daylight access	A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm at mid-winter	One unit (12.5%) (Unit 1) receives no direct sunlight)	Yes
4B – Natural ventilation	At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.	100% of units are cross ventilated.	Yes
4B – Natural ventilation	Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.	All of the proposed units are less than 18m in depth.	Yes
4C – Ceiling heights	Measured from finished floor level to finished ceiling level, minimum ceiling heights are: · Habitable rooms 2.7m · Non-habitable rooms 2.4m · For 2 storey apartments: 2.7m for main living area floor - 2.4m for second floor, where its area does not exceed 50% of the apartment area · Attic spaces: 1.8m at edge of room with a 30 degree minimum ceiling slope · If located in mixed use areas - 3.3m for ground and first floor to promote future flexibility of use - These minimums do not preclude higher ceilings if desired.	All of the proposed units have ceiling heights of minimum 2.8m. The commercial and retail tenancies have 2.8m and 3.4m floor to ceiling heights respectively.	Yes
4D – Apartment size and layout	Apartments are required to have the following minimum internal areas: - Studio – 35sqm - 1 bedroom – 50sqm - 2 bedroom – 70sqm - 3 bedroom – 90sqm - The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5sqm each A fourth bedroom and further additional bedrooms increase the minimum internal area by 12sqm each.	All apartments meet the minimum internal size requirements. Minimum 50sqm for 1 bedroom units and Minimum 75.3sqm for 2 bedrooms units. Calculated accordingly. N/A	Yes Yes N/A
	Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.	All within the prescribed range. It is noted that all bathrooms are internal.	Yes
	Habitable room depths are limited to a maximum of 2.5m x the ceiling height.	All within the prescribed range.	Yes
	In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window	All within the prescribed range.	Yes
	Master bedrooms have a minimum area of 10sqm and other bedrooms 9sqm (excluding wardrobe space)	All bedrooms comply.	Yes
	Bedrooms have a minimum dimension of 3m (excluding wardrobe space)	All bedrooms comply.	Yes
	Living rooms or combined living/dining rooms have a minimum width of: · 3.6m for studio and 1 bedroom apartments · 4m for 2 and 3 bedroom apartments	All living rooms comply.	Yes
	The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.	All of the proposed units are in excess of 4m in width internally.	Yes
4E – Private open space and balconies	All apartments are required to have primary balconies as follows: · Studio apartments require 4sqm with no min depth · 1 bedroom apartments require 8sqm with min depth 2m · 2 bedroom apartments require 10sqm with min depth 2m · 3+ bedroom apartments require 12sqm with minimum 2.4m depth The minimum balcony depth to be counted as contributing to the balcony area is 1m.	All primary balconies achieve the minimum area and depth requirements. Calculated accordingly.	Yes Yes
4E – Private open space and balconies	For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15sqm and a minimum depth of 3m.	There are no ground floor units proposed.	N/A
4F – Common circulation and spaces	The maximum number of apartments off a circulation core on a single level is eight.	A maximum of 4 units at each level.	Yes
4F – Common circulation and spaces	For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.	NA	NA
4G - Storage	In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided: · Studio apartments require 4m³ · 1 bedroom apartments require 6m³ · 2 bedroom apartments require 8m³ · 3+ bedroom apartments require 10m³ At least 50% of the required storage is to be located within the apartment.	All units have compliant total storage volumes as per the Apartment Design Guide (ADG) volumes. At least 50% of storage is located within the apartments.	Yes Yes

Draft Environmental Planning Instruments

Draft Environment SEPP

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

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