12 Lancaster Road, Dover Heights - Demolition of the existing dwelling, Torrens title subdivision of land into two lots and the construction of two storey semi detached dwelling on each lot together with associated pool, basement car park with common entry Report dated 8 November, 2010 from the Development and Building Unit Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred by the DBU due to streetscape impact on existing sand stone wall

Development Assessment Report Torrens Title Subdivision and New dwellings

Development Application No. DA-415/2010 Address

12 Lancaster Road Dover Heights

Lodgement Date 9 August 2010 Proposal

Demolition of the existing dwelling, Torrens title subdivision of land into two lots and the construction of two storey semi detached dwelling on each lot together with associated pool, basement car park with common entry

Zoning and relevant controls

Waverley Local Environmental Plan 1996 • Zoned 2a

Waverley Development Control Plan 2006 • Part D1 – Dwelling House and Dual Occupancy

Development, and associated parts Owner GJ & SJ Spicer Applicant Addglow Pty Ltd Building Classification Class 1a and 10b Submissions

One (1) objection and one (1) submission of support.

Issues

FSR, Public Domain impact due to basement garage

Recommendation

Approval

Site Map

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1. PREAMBLE

1.1 The Site and its Locality The site is located on the northern side of Lancaster Road between the intersections of Old South Head Road and Peel Street. The site is located approximately 3m above Lancaster Road level. The site is approximately 1m higher than the secondary footpath located adjacent to the front boundary with the site having a fall from the rear boundary to the front of approximately 500mm. The site has a frontage of 15.24m and an area of 539.6m².

1.2 Background DA-355/2004 - Demolition of existing and construction of two storey new dwelling with garage. Deferred commencedment approved 28 October 2004 subject to inter alia and the following condition;

Submission of amended plans to Council indicating the proposed garage together with entry hall and stairway being deleted.

Comment: The proposed garage for this application was located 2900mm upon Council’s property, similar to the garage at 4 Lancaster Road. DA-589/2005 - Partial demolition of rear of existing dwelling and 2 storeys addition to rear. Approved 26 June 2006.

1.3 Proposal Description The proposal provides for the demolition of the existing dwelling, Torrens title subdivision of land into two lots and the construction of two storey semi detached dwelling on each lot together with associated pool, basement car park with common entry. The following details apply: Subdivision: Subdivision of the existing 539.6m² lot into two separate lots to be known/identified as lot 121 (12 Lancaster Rd, Dover Heights) and lot 122 (12A Lancaster Rd, Dover heights). Each lot will have an allotment size of 269.8m². Building Development : Basement level: Each dwelling will contain a tandem garage with a common turntable area between the garages and the front boundary. Ground floor level: Each dwelling will contain an entry foyer, kitchen, dining room, study, lounge room, bathroom, laundry and family room.

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Upper floor level: Each dwelling will contain three bedrooms, ensuite, and bathroom. Balconies attached to the front southern and rear northern elevations are proposed. Rear yard area: Each dwelling will contain a pool in the rear yard area.

2. ASSESSMENT The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 State/Regional Environmental Planning Policies State Environmental Planning Policy – BASIX (2006) A BASIX Certificate has been submitted with the application demonstrating compliance with State regulated energy efficiency and water conservation targets. State Environmental Planning Policy No.1 – In relation to Clause 12 of WLEP 1996 - minimum allotment sizes. State Environmental Planning Policy No.1 – Development Standards allows an applicant to pursue flexibility in the application of planning controls in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary. A SEPP 1 objection has been lodged by the applicant to allow for a variation in the minimum subdivision allotment size of 325sqm. Clause 12 (1) of Council’s LEP states that, “a person must not subdivide a land in Zone No. 2(a), 2(c1) or 2(c2) unless each allotment to be created is not less than 325 square metres, except for land shown edged heavy black on the Subdivision map where each allotment to be created must not be less than 500 square metres”. The subject site falls in an area where the minimum subdivision allotment size is 325sqm. The applicant relies on the proposition that the proposed lots will actually be totally consistent with the prevailing lot sizes in the locality. It is not considered unreasonable to support this level of non-compliance given the context of the adjoining sites and the creation of two lots that are identical in size and size to a number of adjoining lots. The proposal will be consistent with the prevailing pattern of subdivision, which will allow for a co-ordinated, orderly and economic use of the land that is not inconsistent with the existing development in this locality. It is not considered necessary to impose the development standard on this block for any planning purpose. The development potential for the site remains unchanged and is reliant on satisfying the objectives of the Development Control Plan. The applicant further argues that ,”Although the surrounding lots that are below the 325m² minimum currently prescribed are historic lots that pre date LEP 1996, the fact that the minimum lot size control in the LEP is based on the zoning of the land rather than being

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based on a locality based controls (as now espoused in the Standard LEP instrument) suggests that a merit based assessment would suggest that bringing the subject site into line with the prevailing lot size rather than insisting on compliance with the LEP zone based lot size is a more logical approach.” In this regard, it is accepted that the underlying purpose or objective of the minimum lot size standards would be to ensure that lot sizes are sufficiently sized to accommodate the expected future development. In this regard, the proposed lots can adequately accommodate future residential development that is consistent with the existing developments and which have been accommodated on similar sized lots. Council is able to support a variation of the development standard given the specifics of this particular site and, as discussed above, compliance with the development standard is unreasonable and unnecessary in this case.

2.1.2 Waverley Local Environmental Plan 1996 Clause 3 – Specific Aims Subclause 7 in relation to housing is the only relevant provision in this Clause applicable in the assessment of the application. The plans generally satisfy the subclause by seeking to improve the residential amenity for the development. Accordingly, the proposal is considered to adequately satisfy this Clause. Clause 10 – Zone Objectives The particular objectives of the Residential 2(a) zone are:

(a) to allow for housing only in the form of dwelling-houses and boarding houses; (b) to maintain and improve the amenity and existing characteristics of localities

predominantly characterised by dwelling-houses; and (c) to allow certain non-residential uses of low intensity which are compatible with the

character and scale of low density housing. Clause 10(2) of the LEP stipulates that Council must not grant consent to the carrying out of any development within a zone unless the development meets one or more of the objectives of the zone. The proposal is for a dual occupancy development and therefore satisfies objective (a). The proposal, as will be further discussed, generally improves the amenity and characteristics of the locality, and is considered consistent with the existing context and streetscape subject to the proposed garages and front entry being deleted. Accordingly, objective (b) is satisfied by the proposal. Objective (c) is not relevant to the assessment of the application. The application has been assessed having regard to all the relevant provisions of the LEP and is considered acceptable.

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2.1.3 Waverley Development Control Plan 2010, Part D1 – Dwelling House & Dual Occupancy Development

COMPLIANCE CHECK

Control

Standard

Proposed

Compliance

Height • Wall – 7 metre • Max. – 8.5 metre • Flat roof – 7.5m

• 6.9m • 8.5m

Yes Yes

Excavation • Max. 3m depth • Max. 50% (116.4m²) • Site slope >25% -

require geotech • Min. side boundary

setback 1m

• 4.5m • 60% (140m²) • <25% • 2.5m

No No Yes Yes

Floor Space Ratio (269.8m² each lot)

• Lot subdivision @ 269m² each (.78:1)

• .77:1 (ex basement garages)

Yes

Setbacks • Side 900 to 1500mm • Front and rear est.

building line

• 900 to 2500mm Yes Yes

Front fencing • 1.2 metres • 1.0m solid & remainder open up to1.8m

Yes

Elevated external decks

• 10sqm in area • 1.5m depth

• 7.3m² Yes

Vehicular Access and Parking

• No. of spaces • Dimensions (5.5 m × 2.5m) • Behind building

setback

• 2 each • 12.0m x 3.5m

Yes Yes Yes

Landscaping • 40% of site area • 15% of site as soft • 50% of front lands. • 50% of front lands.

as soft • On-site retention

required

• 57%(306.9m²) • 85% • 100% • 100%

• OSD required

Yes Yes Yes Yes Yes

Floor Space Ratio The proposal complies with the maximum floor space ratio of 0.78:1 (excl basement) as specified under the relevant provisions of WDCP 2010, with a proposed floor space ratio of 0.77 (207.4m²). The floor space ratio control is essentially a bulk and scale control, and in this regard, the objectives outlined in the DCP assist the Council in considering whether to support a variation to the numeric controls.

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In regards to the objectives of the control, the proposed development is considered as follows:

To ensure that new dwellings and alterations and additions to existing dwellings are of an acceptable size and bulk in relation to the size and shape of the allotment:

Section 5.1.3(a) of the DCP stipulates that “Building bulk should be compatible with surrounding built forms and must minimise adverse effects of bulk on adjoining properties and streetscape”. The size and shape of the allotment is considered capable of accommodating a pair of semi-detached dwelling development. The proposal exceeds Council’s floor space ratio requirements if the basement area for the garages is included in the calculations. Whilst It is considered that the basement garaging is not excessive as it doesn’t add to the height or bulk of the development, the access to the garages by punching a hole in the existing sand stone wall is considered unsympathetic to the streetscape and is therefore not supported. The front and rear building lines are comparable to the adjoining sites with the front setback being increased.

To ensure there is no overdevelopment of sites: The proposal exceeds FSR, however the development numerically complies with the front, rear and side boundary setbacks, height and provides for 57% (306.9m²) of the site as open space. Compliance with these prescriptive DCP controls clearly suggests that the proposal is not an over-development of the site.

To ensure that any negative impacts on residents living in buildings on adjoining or nearby allotments are minimised and where ever possible, eliminated:

The proposed development does not result in any unreasonable privacy or overshadowing impacts to the adjoining properties and is considered to maintain the residential amenity of adjoining properties. The external wall setbacks at ground and upper floor levels are well articulated from both side boundaries and range in setback from 900mm to 2500mm.

To ensure that dwelling house and dual occupancy development adds to and does not detract from the existing streetscape and character of the area:

Lancaster Road is generally characterised by a mixture of dwelling types, which range in height from one to two storeys. The scale and architectural features of the building are consistent and correspond with the existing development within the street.

To ensure that the bulk of dwellings is in character with surrounding development: As discussed above, the bulk and scale of the proposed development is considered an appropriate response to its sitting on the property and with respect to the existing streetscape. Vehicular Access and Parking The proposed parking capacity numerically complies with the maximum controls in the DCP, that is, 2 spaces per dwelling each with 4 bedrooms. The more subjective assessment is that of the streetscape impact created by a punctured entrance through a sandstone retaining wall and the impacts upon the pedestrian amenity on the land above.

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The Waverley DCP 2010 within Part D1 under Section 5.7 provides the following objectives / Strategies and Controls for the assessment of parking proposal, which encompass part demolition / alterations to existing sandstone walls on property boundaries.

a) To ensure that the design and size of off-street car parking facilities does not unreasonably detract from the appearance and quality of the dwelling house or streetscape;

b) Where there is no car parking on an original lot and off-street parking is not

characteristic, vehicular access from the street is not permitted. c) Where works will unreasonably detract from the appearance of the streetscape

or landscape ... a zero parking requirement may be imposed. The characteristics of some sites may mean that car parking should not be provided on site.

d) Existing sandstone walls and natural rock faces are generally not to be

removed for the purpose of car accommodation and ancillary residential development.

The subject site is located on the northern side of Lancaster Road in between Peel Street and Old South Head Road intersection. The general topography in this section of the road is such that the northern side allotments are located above the road level with a sandstone retaining wall fronting the road, which maintains a grass strip and raised footpath. In front of the property the level difference between the road and site is approximately 3m. The proposal intends to excavate into the subject site to provide a basement garage, level at grade with the existing street and is not considered to be in keeping with the adjoining properties that have retained the existing streetscape features. The landform and absence of a rear lane makes car access problematic for these sites. The excavation is considered to be excessive in this instance, and cutting into the existing stone wall to accommodate garages at basement level and at grade to the street is considered to be an unsympathetic design solution that will degrade the original street character and create a “fortress wall” effect along the street. The proposed design is considered to be directly contrary to the above Council strategies and controls and as such this aspect of the proposal cannot be supported. It is however, noted that similar car parking proposals for dwellings in Bronte area, which were refused by Council were later approved by the Land and Environment Court and Council’s decision overturned. The location of such properties are as follows: No.13 St Thomas Street, Bronte No.57 Gardyne Street, Bronte and No.455B, Bronte Road, Bronte Notwithstanding the Land and Environment Court decisions, Council has been consistent in applying this policy to ensure that stand stone walls in Waverley area are retained and that public domain is not degraded for the purpose of providing car accommodation. It is considered that this part of Waverley area has sufficient on-street parking for the residents and having regard to the circumstances of the case the provision of off-street parking by removing the existing sandstone wall in not justified. Variation of Council policy in this regard in therefore not supported. The proposed excavation for the two double garages is to be deleted from the proposal and a condition is to be imposed in this regard.

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2.1.4 Other Matters

Streetscape The streetscape impact of the garage arrangement has been discussed at length above. The streetscape value of the proposed dual occupancy is supported. The design is consistent with the emerging character of the area and presents as a two storey structure compliant with Council’s controls. Privacy The dwellings are not considered to result in unreasonable privacy impacts upon the adjoining properties. The windows on the side elevations are appropriately proportioned, with some containing frosted/opaque glazing, and located to be acceptable for a domestic scale development. The balcony to the front of the dwelling is narrow in depth and primarily overlooks the public domain providing distant district views. Its size and sitting at the front of the property is not considered to adversely impact upon privacy of the surrounding locality. The rear balconies are setback 1.8m from both side boundaries and comply with Council’s policy in area and depth. Not withstanding, privacy screens are proposed on both side elevations of the balconies to minimise overlooking impact on adjoining properties. All other openings are considered reasonable. ESD A BASIX Certificate has been submitted with the application demonstrating compliance with State regulated energy efficiency and water conservation targets. In addition, the dwelling is appropriately cross-ventilated and has adequate access to sunlight. Safety and security The proposed dwelling provides opportunity for passive surveillance of the street from the ground floor lounge rooms and first floor bedrooms. The proposal is considered generally satisfactory with regard to safety and security. Character Study Dover Heights Character Study and Streetscape The subject site falls within the Dover Heights Character Study Area. The proposed development presents to the street and the rear as a two-storey dwelling and is similar in height, bulk and scale than newly constructed dwellings in the near vicinity. A flat roofed design is not dissimilar to the emerging character with the street and Dover Heights generally. The balconies at the first floor level at the front of the dwellings provide articulation to the design of the building. The proposal is considered to be a well-designed contemporary building consistent with the Dover Heights Character Study Area and contributing positively to the streetscape.

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3 REFERRALS

3.1 Internal Heritage and Urban Planning Assessment Council’s Heritage Architect and Urban Planning adviser has provided the following comments; Comments No issues are raised with demolition of the existing residence. Provision of a vehicle entry to the existing stone retaining wall should incorporate return walls in matching stonework. This should include the lower half of the safety wall required above the driveway inset. Recommendations To maintain the setting, streetscape and aesthetic qualities of the road verge retaining wall it is recommended that the return entry to the proposed garage be faced in sandstone matching the finish, stone dimensions and laying pattern of the existing retaining wall. The new wall is to rise a minimum of 450mm above the verge, forming the lower portion of the required safety fence with timber or metal railing above. No glass or glass products are to be used in the retaining wall or safety fence. Vehicular Access The application was referred to Council’s Technical Services Department, and standard conditions of consent have been recommended. Special site specific conditions are follows;

• The applicant is to submit detailed plans showing the proposed work associated with the driveway on the Council land between the Kerb and boundary line prior to the issue of the Construction Certificate to the satisfaction of the Divisional Manager, Technical Services.

• Railings on Council footpath area to be timber arris railings.

• The maximum crossfall on footpath to be no more than three percent.

Stormwater The stormwater plans were referred to Council’s Engineers, and conditions of consent have been recommended. Public Domain/Tree Preservation Council’s strategic Tree Planning Officer has made the following comment; Located on the nature strip is a New Zealand Christmas Bush. The tree is in decline and may be removed to ground level by the applicant. Tree Management Officer This application is not supported in its current form.

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There is a significant sized Araucaria sp in the rear north western corner of the site. This tree has a trunk diameter of approximately 0.77 metres at breast height. AS 4970 – 2009, Protection of trees on development sites states that a TPZ (tree protection zone) for a tree should be DBH (diameter at breast height) x 12. This TPZ is then measured from the middle of the trunk and is the area to be isolated from construction disturbance. There is an allowance of 10% encroachment into this zone as long as it is compensated for elsewhere. For this tree the TPZ should be 9.2 metres, the structural root zone is approximately 3.0 metres and there would be an allowable encroachment of approximately 26 square metres into the TPZ. The TPZ of 9.2 metres extends to include the rear wall of the proposed building of Unit 12, the majority to the area proposed for the pool for Unit 12 and approximately half the area of the proposed pool for Unit 12 A. Due to this site being divided down the middle and only being 7.6 metres wide, there is insufficient space for these measures to be provided and allow the installation of a pool on the western side of the site. There are several different works that impede on the TPZ of the Araucaria such as the masonry fence to be installed along all boundaries and between the 2 residences and excavation for the footings for the proposed residence. These works all require excavation and the possible severing of roots. All of the above works are considered to be the 10% allowance for intrusion into the TPZ zone and therefore it will be recommended that the pool for Unit 12 be deleted from any approval and the pool for Unit 12 A be relocated to either the eastern boundary of the site or be changed in shape to fit in the area outside the TPZ zone. There is a large conifer proposed for removal on the eastern side of the property. The tree is very dense in its canopy; it has co-dominant stems and is growing with a distinct lean to the north. It is dominant to the rear yard not in height but in width and does reduce the usage of this area. For this reason, rather than the effects of any proposed earth works, the tree will be recommended for removal. Although it is shown for retention there is an avocado tree in the rear yard that can be removed, if required to allow for the relocation of the swimming pool. This will not be conditioned unless it is requested on an amended plan. As a result of the proposed changes to the rear yard it shall be conditioned that an amended Landscape plan be presented. This will be detailed in the conditions below. Please note that these conditions have been written to comply with the issues outlined above not on the plans presented. Amendments to design/plans are required. Recommendations Any approval shall be subject to the imposition of the following conditions. General Conditions The pool proposed for the rear of Unit 12 Lancaster Rd be refused and deleted from all plans. The pool proposed for the rear of Unit 12 A be relocated to either the eastern boundary of the site or be changed in shape to fit in the area outside the TPZ zone for the Araucaria sp.

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Tree protection fencing as conditioned below shall be installed prior to any demolition occurring. An inspection of this fencing must be conducted by Waverley Council’s Tree Management Officer before any demolition can occur.

J1 TREE PLAN All trees to be retained on the site are to be protected by AS 4970 – 2009 Protection of trees on development sites and by the conditions below. Protective fencing as conditioned below must be installed prior to any demolition. All trees, shrubs or vegetation on the subject or neighbouring sites identified for retention and within 7.5m of the building work are to be provided with tree protection measures as described below.

• Trees to be retained and protected Species Location Action Araucaria sp Rear NW corner of property Retain and protect. *TPZ of 9.2 metres from

the middle of the trunk where possible. Where TPZ is in conflict with the construction of the building it shall be reduced to 1.5m from the rear building line (wall of the building)

*TPZ- Tree Protection Zone TPZ – A 1.8m wooden boarded fence shall be erected around the above trees to be retained to protect them from damage during construction. Fencing is not to be removed until all building work has been completed. Fencing to be installed to the dimensions outlined in the table above. All tree protection fencing shall comply with AS 4970 – 2009 Protection of trees on development sites as detailed in Section 4.3 – Protective fencing and 4.4 - Signs. The maintenance of this TPZ shall be maintained as per AS4970 – 2009, Section 4.6. Established boundary fences are to remain in place at all times to physically protect any existing trees or vegetation on neighbouring sites. If fencing is to be removed and replaced it shall be done in the most minimal time possible. If tree roots are exposed during this process and they are to be exposed for any more than 24 hours them a protective covering of hessian or shade cloth is to run the length of the exposed boundary. This hessian is to be kept moist to prevent the drying out of roots. Soil levels are not to be changed around any trees on the subject or neighbouring properties. No mechanical excavation shall be undertaken within the tree canopy spread (within the dripline) or within the TPZ of any tree, shrub or vegetation that is protected under Waverley Council’s Tree Preservation Order. Construction of any footings within the TPZ are to use pier and beam construction techniques where required. If any tree roots are exposed during any approved works then roots smaller than 30mm are to be pruned as per the specifications below. Any roots greater than 30mm are to be assessed by a qualified arborist before any pruning is undertaken. If tree roots are required to be removed for the purposes of constructing the approved works they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist (with a minimum of the Horticulture Certificate or Tree Surgery Certificate).

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It is the arborist’s responsibility to determine if such root pruning is suitable. If there are any concerns regarding this process then Waverley Council’s Tree Management Officer is to be contacted to make final determination. If any trees or vegetation on the subject property require pruning and are covered by Waverley Council’s Tree Preservation Order an Application to Prune or Remove Trees on Private Property is must be presented to Council for processing. If any trees on neighbouring properties require pruning and are covered by Waverley Council’s Tree Preservation Order then permission must be gained from the owner of the tree(s) and an Application to Prune or Remove Trees on Private Property is then to be presented to Council for processing. N4 TREE PROTECTION Precautions shall be taken when working near trees, shrubs or vegetation on the subject or neighbouring properties to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a

nominated perimeter.

• Trees to be removed Species Location Action Cypresses macrocarpa

Eastern boundary Remove and replace

Hibiscus sp Western boundary towards front Remove and replace Jacaranda sp Rear boundary Remove and replace In line with Council’s policy to maintain and increase tree cover in the Council area, all trees where consent has been given to remove are to be replaced with a local native tree of minimum container size of 75 litres and shall be maintained until they attain a mature height of at least four (4) metres, or whereby they will be protected by Council’s Tree Preservation Order. Any replacement tree is to be planted a minimum of 1.0 metres from any boundary, structure or underground services. Trees shall not be tied to stakes unless support is essential. All advanced trees are to be planted in holes at least 450mm square and 450mm deep, containing good quality soil and humus. In lawn areas, grass is too kept back for a radius of at least 450mm from stems and trunks, a depression should be formed for the collection of water and the area mulched. Woodchip mulch is to be installed to a depth of 75-90mm to all mass planted garden areas and around the base of trees in lawn areas. The mulch should be kept at least 50mm away from plant stems to reduce the risk of collar rot. If the replacement trees are found to be faulty, damaged, dying or dead before being protected by Council’s Tree Preservation Order the tree/s shall be replaced with the same species at no cost to Council.

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J4 AMENDED LANDSCAPE PLAN

The Landscape Plan is to be amended by the following changes: (a) Proposed species of Banksia spinulosa shall be located no closer than 1.5 metres from

any boundary structure or underground or above ground services. They shall be come a feature tree at the front of the property.

(b) There shall be no plantings taller than 1.0 metres (mature height without pruning) to be

planted under the canopy of the Araucaria sp. (c) Proposed location for the Acmena smithii in the SW corner of the property shall be

planted no closer than 2.5 metres from the existing Persea americana and no closer than 1.0 metres from any boundary, structure or underground services.

The amended landscape plan is to be submitted to Waverley Council’s Tree Management Officer for final approval with the plans for the Construction Certificate. Planning Comment: Having regard to the issues raised by Council’s Tree Management Officer in relation to impact on trees and that the applicant has not submitted any details of the swimming pools in respect to section drawings, levels, fencing details and location of pool pump it is considered that the two proposed pools be deleted and a condition is to be imposed in this regard. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposed development is considered to result in adverse environmental impact on the existing natural topography of the public domain, which is due to the result of the proposed double garage entrance. This aspect of the proposal is recommended to be deleted. No social or economic impacts are expected. Section 79C(1)(c) - The suitability of the site for the development. The proposed dual occupancy development is permissible in this zone and satisfies the controls in the Council’s DCP except for the proposed excavation for the double garages. Contemporary design in Waverley is not discouraged where the project satisfies the DCP and does not translate into unreasonable impacts upon the adjoining properties.

4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development. One (1) submission was received. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

14 Lancaster Rd east • Loss of privacy • Overdevelopment • Structural damage due to

excavation 16 Lancaster Rd east • Supports the proposal

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• Issue: Loss of privacy Comment – See section 2.1.4 • Issue: Overdevelopment Comment - See section 2.1.3 – Floor Space Ratio • Issue: Structural damage due to excavation Comment - See section 2.1.3 –Vehicular Access & Parking Section 79C(1)(e) - The public interest. Subject to the conditions given below and for the reasons discussed above, the proposal is not contrary to public interest.

5. DEVELOPMENT AND BUILDING UNIT ASSESSMENT The DBU gave consideration to the proposal having regard to the relevant matters under Section 79C of the Act. This included the issues raised in submissions to the application and the provisions of Council’s Development Control Plan.

The DBU reviewed the proposal and noted that there are two parts to the proposal i.e. (a) subdivision of land into two lots and (b) to construct a semi detached style dwelling on each lot. The proposed torrens title subdivision of land is considered to be acceptable given that the new lots being created are compatible with the existing subdivision pattern in the area. The new subdivision is not likely to create an undesirable precedent in this part of Lancaster Road. The bulk, scale and height of the proposal is considered to be satisfactory given that the development generally complies with the policies given in DCP 2010. The only outstanding issue is the proposed excavation for the two tandem double garages and the puncturing of a new entrance through the existing sand stone wall. The proposed new entry through the sand stone wall is considered to be unsympathetic to the existing streetscape, which will degrade the existing public footpath and the existing sand stone retaining wall. The DBU noted that the DCP discourages the removal of sand stone walls for the purpose of car accommodation and in such circumstances a zero off street parking is considered acceptable. The DBU noted the Land and Court approvals of similar nature, which were approved in the Bronte Area. One of the main reasons why approval for off street parking was granted for properties in Bronte was due to the fact that their location is close to the beach, where on-street parking for residents is difficult. In contrast Lancaster Road is not located close to the beach and on-street parking in this part of Dover Heights is readily available to the residents. Having regard to the circumstances of the case, the proposed car parking access through the sand stone retaining wall to make way for off street parking is not supported. The application is recommended for approval subject to the conditions given in the report.

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6. RECOMMENDATION That Development Application No. DA-415/2010 at 12 Lancaster Road Dover Heights for demolition of the existing dwelling and the construction of a two storey dual occupancy, two pools, basement level car park, and Torrens title subdivision into two lots be approved by Council, subject to the following conditions:

SCHEDULE A – APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan/Dwg nos 01/07,02a/07,02b/07,03/07 to 07/07, tables and

documentation prepared by SABTON AND SON, dated 28 July 2010, and received by Council on 9th August 2010,

(b) Landscape Plan/Dwg LP 01-ISSUE 1 and documentation prepared by Cerra Flora,

Landscape Services, dated 24th July 2010 and received by Council on 9th August 2010; (c) Stormwater drawings by Vladimir Stojnic, dated 5 August 2010 and received by Council

on 9th August 2010 (d) BASIX Certificate; and (e) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance

with the SWRMP Checklist of Part G1, Waverley DCP 2006. Except where amended by the following conditions of consent.

2. SUBDIVISION The development must be in accordance with: (a) Plan of proposed subdivision prepared by DUNLOP THORPE & Co Surveyors Pty Ltd, ref

no.-17136-2 and received by Council on 9th August 2010.

(b) A linen plan and six copies are to be submitted to Council or Accredited Certifier in

accordance with Section 109C(d) of the Environmental Planning and Assessment Act, 1979.

(c) Prior to the registration of the linen plans a Sub-division Certificate must be obtained from Council or an Accredited Certifier in accordance with Section 109 C (d) of the Environmental Planning and Assessment Act, 1979.

(d) Before the release of the linen plan for subdivision, a compliance certificate under Section 73 of the Sydney Water Act, 1994, Part 6 Division 9 must be obtained from Sydney Water and submitted to Council or the Accredited Certifier. Sydney Water may require the construction of works and/or the payment of developer charges.

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3. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) No approval is granted for the excavation of the proposed two tandem double

garages, vehicle entry through the sand stone wall, car turntable, and associated structures, shown in the basement plan. These structures are to be deleted and revised plans submitted to Council for approval.

(b) The proposed two swimming pools in the rear yard area are not approved as no

details (i.e. section drawings, coping levels, fencing & pump details) have been submitted and that the proposed pools do not comply with AS 4970-2009 Protection of trees on Development Sites, in that the pool structures impact upon the root zone of effected trees in the rear yard area;

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

4. SECTION 94A CONTRIBUTION A cash contribution is payable to Waverley Council pursuant to Section 94A of the

Environmental Planning and Assessment Act 1979 and the ' Waverley Council Development Contributions Plan 2006' in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and submitted to Council: (i) Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or, (ii) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost

Report". (b) Prior to the issue of the Construction Certificate, evidence must be provided that the

levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

Waverley Council Development Contributions Plan 2006 may be inspected at Waverley

Council Customer Service Centre, 55 Spring Street, Bondi Junction. Advisory Note

• A development valued at $100,000 or less will be exempt from the levy. • A development valued at $100,001 - $200,000 will attract a levy of 0.5%. • A development valued at $200,001 or more will attract a levy of 1% based on the full cost

of the development.

5. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $10,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any

ouncil property as a consequence of this building work. C

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This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of

amage to Council property will be refunded after satisfactory completion of the building work e deposit.

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this building work. In this regard, roof that the levy has been paid is to be submitted to Council prior to the issue of a

ote

dto the person who paid th LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to pConstruction Certificate. N : Council acts as an agent for the Long Service Payment Corporation and the levy may

ore.

. ERTIFICATE

) ion Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act,

) otified of

the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning

(c) Council is given at least two days Notice in writing of the intention to commence the

The owner/applicant may make application to Council or an Accredited Certifier for the issue

to be the Principle Certifying Authority. 8.

tions, and such hoardings to be maintained during the ourse of building operations. Details of the hoarding are to be provided to Council prior to

here the hoarding is to be erected over the footpath or any public place, the approval of ing.

9.

rley DCP 006 prior to the issue of the Construction Certificate. In this regard, Council expects

waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or m

7 NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION C The building work, including demolition, must not be commenced until:

(a a Construct

1979; and

(b a Principal Certifying Authority has been appointed and Council has been n

& Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

building works.

of a Construction Certificate and

HOARDING REQUIRED A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operacissue of the Construction Certificate. WCouncil must be obtained prior to the erection of the hoard

SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Wave2demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction

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10. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

11. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 4) - Part G4 prior to the issue of a Construction Certificate.

12. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components and the sandstone wall to Lancaster Road prior to the issue of a Construction Certificate.

13. USE OF RENEWABLE TIMBERS Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

14. BASIX The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

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15. TREE PLAN

All trees to be retained on the site are to be protected by AS 4970 – 2009 Protection of trees on development sites and by the conditions below. Protective fencing as conditioned below must be installed prior to any demolition. All trees, shrubs or vegetation on the subject or neighbouring sites identified for retention and within 7.5m of the building work are to be provided with tree protection measures as described below.

• Trees to be retained and protected Species Location Action Araucaria sp Rear NW corner of property Retain and protect. *TPZ of 9.2 metres from

the middle of the trunk where possible. Where TPZ is in conflict with the construction of the building it shall be reduced to 1.5m from the rear building line (wall of the building)

*TPZ- Tree Protection Zone TPZ – A 1.8m wooden boarded fence shall be erected around the above trees to be retained to protect them from damage during construction. Fencing is not to be removed until all building work has been completed. Fencing to be installed to the dimensions outlined in the table above. All tree protection fencing shall comply with AS 4970 – 2009 Protection of trees on development sites as detailed in Section 4.3 – Protective fencing and 4.4 - Signs. The maintenance of this TPZ shall be maintained as per AS4970 – 2009, Section 4.6. Established boundary fences are to remain in place at all times to physically protect any existing trees or vegetation on neighbouring sites. If fencing is to be removed and replaced it shall be done in the most minimal time possible. If tree roots are exposed during this process and they are to be exposed for any more than 24 hours them a protective covering of hessian or shade cloth is to run the length of the exposed boundary. This hessian is to be kept moist to prevent the drying out of roots. Soil levels are not to be changed around any trees on the subject or neighbouring properties. No mechanical excavation shall be undertaken within the tree canopy spread (within the dripline) or within the TPZ of any tree, shrub or vegetation that is protected under Waverley Council’s Tree Preservation Order. Construction of any footings within the TPZ are to use pier and beam construction techniques where required. If any tree roots are exposed during any approved works then roots smaller than 30mm are to be pruned as per the specifications below. Any roots greater than 30mm are to be assessed by a qualified arborist before any pruning is undertaken. If tree roots are required to be removed for the purposes of constructing the approved works they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist (with a minimum of the Horticulture Certificate or Tree Surgery Certificate). It is the arborist’s responsibility to determine if such root pruning is suitable. If there are any concerns regarding this process then Waverley Council’s Tree Management Officer is to be contacted to make final determination.

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If any trees or vegetation on the subject property require pruning and are covered by Waverley Council’s Tree Preservation Order an Application to Prune or Remove Trees on Private Property is must be presented to Council for processing. If any trees on neighbouring properties require pruning and are covered by Waverley Council’s Tree Preservation Order then permission must be gained from the owner of the tree(s) and an Application to Prune or Remove Trees on Private Property is then to be presented to Council for processing.

16. TREE PROTECTION Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a

nominated perimeter. Trees to be removed The New Zealand Christmas Bush located on Council’s nature strip may be removed by the applicant at their expense. Species Location Action Cypresses macrocarpa

Eastern boundary Remove and replace

Hibiscus sp Western boundary towards front Remove and replace Jacaranda sp Rear boundary Remove and replace In line with Council’s policy to maintain and increase tree cover in the Council area, all trees where consent has been given to remove are to be replaced with a local native tree of minimum container size of 75 litres and shall be maintained until they attain a mature height of at least four (4) metres, or whereby they will be protected by Council’s Tree Preservation Order. Any replacement tree is to be planted a minimum of 1.0 metres from any boundary, structure or underground services. Trees shall not be tied to stakes unless support is essential. All advanced trees are to be planted in holes at least 450mm square and 450mm deep, containing good quality soil and humus. In lawn areas, grass is too kept back for a radius of at least 450mm from stems and trunks, a depression should be formed for the collection of water and the area mulched. Woodchip mulch is to be installed to a depth of 75-90mm to all mass planted garden areas and around the base of trees in lawn areas. The mulch should be kept at least 50mm away from plant stems to reduce the risk of collar rot. If the replacement trees are found to be faulty, damaged, dying or dead before being protected by Council’s Tree Preservation Order the tree/s shall be replaced with the same species at no cost to Council.

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17. AMENDED LANDSCAPE PLAN

The Landscape Plan is to be amended by the following changes:

a) Proposed species of Banksia spinulosa shall be located no closer than 1.5 metres from any boundary structure or underground or above ground services. They shall be come a feature tree at the front of the property.

b) There shall be no plantings taller than 1.0 metres (mature height without pruning) to

be planted under the canopy of the Araucaria sp.

c) Proposed location for the Acmena smithii in the SW corner of the property shall be planted no closer than 2.5 metres from the existing Persea americana and no closer than 1.0 metres from any boundary, structure or underground services.

The amended landscape plan is to be submitted to Waverley Council’s Tree Management Officer for final approval with the plans for the Construction Certificate.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

18. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or

intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

19. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

20. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

21. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

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22. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven (7) days before excavating below the level of the base of the footings

of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

23. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected; the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and (a) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

24. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

25. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

26. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint;

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(b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

27. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the DECC, and with the provisions of: (a) New South Wales Occupational Health and Safety Act, 2000; (b) The Occupational Health and Safety (Hazardous Substances) Regulation 2001; (c) The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; (d) Protection of the Environment Operations Act 1997 (NSW) and (e) DECC's Environmental Guidelines; Assessment, Classification and Management of Liquid

and Non Liquid Wastes (1999).

28. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

29. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

30. SOIL AND WATER MANAGEMENT SIGN Throughout the construction/remediation/demolition period, Council's warning sign for soil and water management must be displayed on the most prominent point of the building site, visible to both the street and site works. A copy of the sign is available from Council.

31. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

32. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

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33. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.

34. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

35. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental

Operations (Noise Control) Regulation 2000. 36. USE OF HEAVY EARTH MOVEMENT EQUIPMENT Excavation works involving the use of heavy earth movement equipment including rock

breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

37. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

38. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia.

39. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate.

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MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls). Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

40. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

41. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

42. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

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43. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

44. SMOKE ALARM SYSTEM A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia.

45. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

46. WORK OUTSIDE PROPERTY BOUNDARY All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

47. NO WORKS BEYOND BOUNDARIES No portion of the proposed front fence, including the footings, is to encroach beyond the boundaries of the subject property.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

48. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

49. BINS REQUIRED/BINS STORAGE AREA

• Each residential dwelling should have 1x 140L MGB for garbage, 1 x 140L MGB for paper/cardboard, 1 x 140L MGB for other recyclables and 1 x 80L MGB for green waste.

• Space must be allocated in the proposed garage for all of the MGBs, in order to avoid having to take them down the steps and decrease the chances f bins being left of footpaths for longer than necessary.

• Each dwelling must have a dedicated waste storage cupboard to accommodate two days worth of recycling.

50. STREET NUMBER/S

The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. Should the number be fixed to an awning then it shall be a minimum 150mm high.

51. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of

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the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

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