A G E N D A...40 DAY PERIOD EXPIRED: 29 July 2008 PROPOSAL: Demolition of the existing dwelling then construct new dwelling, swimming pool and detached garage RECOMMENDATION: Refusal

KU-RING-GAI PLANNING PANEL TO BE HELD ON WEDNESDAY, 12 NOVEMBER 2008 AT 5.00PM

LEVEL 3, COUNCIL CHAMBERS 818 Pacific Highway, Gordon

A G E N D A ** ** ** ** ** **

NOTE: For Full Details, See Council’s Website – www.kmc.nsw.gov.au under the link to business papers

APOLOGIES DECLARATIONS OF INTEREST CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING ADDRESSES TO THE PANEL DOCUMENTS CIRCULATED TO THE PANEL CONFIRMATION OF MINUTES

Minutes of Ku-ring-gai Planning Panel File: S06347 Meeting held 15 October 2008 Minutes numbered PP63 to PP68 Minutes of Extraordinary Ku-ring-gai Planning Panel File: S06347 Meeting held 5 November 2008 Minutes to be circulated separately

081112-KPP-Crs-00395.doc\2

MINUTES FROM THE CHAIRPERSON PETITIONS GENERAL BUSINESS

29 Allard Avenue, Roseville Chase - Demolition of the Existing Dwelling then Construct New Dwelling, Swimming Pool & Detached Garage

1

. File: DA0587/08

GB.1

Ward: Roseville Applicants: Mark & Susan Allaby C/- Glendinning Minto & Associates Pty Ltd Owners: Mr Mark James Allaby & Mrs Susan Carol Allaby

To determine Development Application No. 0587/08, for demolition of the existing dwelling and construction of a new dwelling, swimming pool and detached garage. Recommendation: Refusal. 1 Killara Avenue & 469, 473 & 475 Pacific Highway, Killara - Demolition of Four (4) Existing Dwellings & Construction of Two (2) Residential Flat Buildings comprising 69 Units & Associated Basement Car Parking

33

. File: DA0112/08

GB.2

Ward: Gordon Applicants: K & Y Bechara Owners: Mr Kalim Richard Bechara & Mrs Yvonne Bechara

To determine development application No.0112/08 for demolition of four (4) existing dwellings and construction of two (2) five storey residential flat buildings comprising 69 units and associated basement car parking. Recommendation: Approval.

081112-KPP-Crs-00395.doc\3

2 Wolseley Road, Lindfield - Demolition of Three Existing Dwellings & Construction of a Residential Flat Building comprising 18 Units, Basement Car Parking & Associated Landscaping Works

121

. File: DA0468/08

GB.3

Ward: Roseville Applicant: Dugald Mackenzie & Associates Owner: C S Ferraris Pty Limited

To determine development application No.0468/08, which seeks consent for demolition of three existing dwellings and construction of a residential flat building comprising 18 units, basement car parking and associated landscaping works. Recommendation: Approval.

BUSINESS WITHOUT NOTICE - MATTERS OF GREAT URGENCY INSPECTIONS COMMITTEE - SETTING OF TIME, DATE AND RENDEZVOUS

** ** ** ** ** ** ** ** ** ** ** ** **

081112-KPP-Crs-00395.doc\4

Environmental Planning & Assessment Act 1979

(as amended)

Section 79C 1. Matters for consideration - general In determining a development application, a consent authority is to take into consideration

such of the following matters as are of relevance to the development the subject of the development application:

a. The provisions of:

i. any environmental planning instrument, and ii. any draft environmental planning instrument that is or has been placed on public

exhibition and details of which have been notified to the consent authority, and iii. any development control plan, and iv. any matters prescribed by the regulations, that apply to the land to which the development application relates,

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, c. the suitability of the site for the development, d. any submissions made in accordance with this Act or the regulations, e. the public interest.

Ku-ring-gai Planning Panel - 12 November 2008 1 / 1 29 Allard Avenue, Roseville

ChaseItem 1 DA0587/08 7 October 2008

N:\081112-KPP-PR-00350-29 ALLARD AVENUE ROSEVILL.doc/gbolton/1

DEVELOPMENT APPLICATION

SUMMARY SHEET

REPORT TITLE: 29 ALLARD AVENUE, ROSEVILLE CHASE - DEMOLITION OF THE EXISTING DWELLING THEN CONSTRUCT NEW DWELLING, SWIMMING POOL AND DETACHED GARAGE

WARD: Roseville

DEVELOPMENT APPLICATION NO: 0587/08

SUBJECT LAND: 29 Allard Avenue, Roseville Chase

APPLICANT: Mark & Susan Allaby C/- Glendinning Minto & Associates Pty Ltd

OWNER: Mr Mark James Allaby & Mrs Susan Carol Allaby

DESIGNER: Paul Meyer Design Pty Ltd

PRESENT USE: Residential

ZONING: Residential 2(a)

HERITAGE: No

PERMISSIBLE UNDER: Ku-ring-gai Planning Scheme Ordinance

COUNCIL'S POLICIES APPLICABLE: KPSO, DCP 38 – Residential Design Manual, DCP 31 – Access, DCP 40 – Waste Management, DCP 43 – Car Parking, DCP 47 – Water Management, DCP 56 - Notification

COMPLIANCE WITH CODES/POLICIES: No

GOVERNMENT POLICIES APPLICABLE: SEPP 55 Remediation of Land, SREP (Sydney harbour Catchment) 2005, SEPP BASIX, Water Management Amendment Act 2004

COMPLIANCE WITH GOVERNMENT POLICIES:

No

DATE LODGED: 19 June 2008

40 DAY PERIOD EXPIRED: 29 July 2008 PROPOSAL: Demolition of the existing dwelling then

construct new dwelling, swimming pool and detached garage

RECOMMENDATION: Refusal.




DEVELOPMENT APPLICATION NO 0587/08 PREMISES: 29 ALLARD AVENUE, ROSEVILLE CHASE PROPOSAL: DEMOLITION OF THE EXISTING DWELLING

THEN CONSTRUCT NEW DWELLING, SWIMMING POOL AND DETACHED GARAGE

APPLICANT: MARK & SUSAN ALLABY C/- GLENDINNING MINTO & ASSOCIATES PTY LTD

OWNER: MR MARK JAMES ALLABY & MRS SUSAN CAROL ALLABY

DESIGNER PAUL MEYER DESIGN PTY LTD PURPOSE FOR REPORT

To determine Development Application No. 0587/08, for demolition of the existing dwelling and construction of a new dwelling, swimming pool and detached garage.

This application was destined for refusal under staff delegation but was called to full Council by Councillor Anderson on 4 September 2008 (DA was 77 days old when called). As a consequence of the DA exceeding 90 days in age before the next available Council meeting (30 September 2008), the application must now be determined by the Ku-ring-gai Planning Panel.

EXECUTIVE SUMMARY Issues: The preservation of the natural topography of the site, bulk,

scale and amenity.

Submissions: No.

Land & Environment Court Appeal: Yes. Deemed refusal appeal lodged with the Land and Environment Court. First call over scheduled for 1 October, 2008.

Recommendation: Refusal. HISTORY

History of application

1. 19 June, 2008, application received. 2. 25 June, 2008, applicant requested to supply additional information. 3. 22 July, 2008, additional information received. 4. 27 August, 2008, delegated development assessment report completed recommending

refusal. 5. 28 August, 2008, Councillor Jennifer Anderson briefed on application. 6. 3 September, 2008, advice received by Council that it is in receipt of a Class 1 Application to

the Land and Environment Court of NSW. 7. 4 September, 2008. Councillor Jennifer Anderson calls the application to full Council for

determination.




THE SITE AND SURROUNDING AREA The site

Zoning: Residential 2(a) Visual Character Study Category: 1945-68 Lot Number: 11 and B DP Number: 13450 and 359513 Area: 1492m2 Side of Street: Western Cross Fall: South-west to north-east Stormwater Drainage: Retention and on-site detention Heritage Affected: No Required Setback: 9-11 metres Integrated Development: Yes Bush Fire Prone Land: Yes (Bushfire prone vegetation buffer) Endangered Species: No (Sydney Sandstone Gully Forest) Urban Bushland: No Contaminated Land: No

SITE DESCRIPTION

The site is located on the western side of Allard Avenue, approximately 60 metres from its intersection with Lockley Parade. The site has an area of 1492m2 with a frontage width of 21.63 metres to Allard Avenue.

The site generally falls from the south-west to the north-east by approximately 12 metres. Existing improvements include a two storey brick and weatherboard dwelling with tiled and metal roofing. A detached single, metal carport is located approximately 4.8 metres from the Allard Avenue frontage.

Surrounding development:

The surrounding development mainly consists of medium to large single dwellings situated on large landscaped lots.

THE PROPOSAL

The application proposes the demolition of existing structures and the construction of a new 2 storey dwelling house, swimming pool and detached double garage with storage rooms under.

CONSULTATION - COMMUNITY

In accordance with Development Control Plan No. 56, owners of surrounding properties were given notice of the application. No submissions were received.

CONSULTATION – WITHIN COUNCIL Landscaping Council's Landscape and Tree Assessment Officer, Geoff Bird, commented on the proposal as




follows: Site characteristics The site is characterised by an overgrown and neglected landscape setting with mature trees and shrubs within massed garden beds. The site is dissected by an ephemeral watercourse and a rock cliff face adjacent to the northern site boundary. Tree & vegetation removal & impacts The proposed development will result in the removal of the majority of the existing trees and shrub species. The trees, while visually significant/prominent, particularly from below the property in Allard Ave, are in poor condition, overmature, unstable or weed species. The most significant tree proposed for removal is a mature Eucalyptus piperita (Sydney Peppermint) located centrally on site and identified as tree #125. The tree is identified as being significant within the broader landscape setting, but is in fair condition having epicormic growth, a thinning canopy, large sections of deadwood and evidence of termite activity with a short SULE. Subject to adequate tree replenishment being undertaken on site, Landscape Services raises no objections to the nominated tree removal. Landscape plan/tree replenishment Subject to minor changes which can be conditioned, such as the deletion of proposed planting of Bamboo, the landscape plan can be supported by Landscape Services. BASIX A landscape commitment of 20sqm for the planting of low water use/indigenous planting has been made within the BASIX certificate. The landscape plan complies with this commitment. Riparian A watercourse runs adjacent to the northern site boundary, with a tributary running midway across the site. The watercourse is not identified within Council’s Riparian Policy, but is a feature of the site. It can be conditioned that proposed planting within 10m of the watercourse be appropriate Riparian species. Stormwater plan No concerns raised.

Engineering

Council's Senior Development Engineer, Ross Guerrera, commented on the proposal as follows:

“From an engineering perspective there are no objections to this application.”

Heritage

Council's Heritage Advisor, Paul Dignam, commented on the proposal as follows:

The site is in an area of Ku-ring-gai developed post 1945 and its character is mixed and includes recent redevelopment but the predominate building period dates between 1945 and 1965. There are no heritage items within the vicinity and no UCAs.




The site is overgrown and largely consists of two different levels on rock platforms with a creek running along the northern edge of the site and a secondary watercourse running roughly in the middle of the site in a north south direction. Parts of the site have been levelled, parts filled, but largely it is only slightly disturbed with overgrown vegetation, some weeds and some indigenous plantings. The existing house would date to c1960 and is a simple two storey brick house sited to the west of the site. It has no architectural merit. A timber shed/studio is located near the house and a prefabricated metal carport is located over a brick paved driveway. The existing house has no architectural or heritage values and can be demolished. The site is only partially disturbed and the majority of it is located on rock shelves. At the northern side of the site there is a drop to a lower terrace and creek. While it is difficult to investigate due to the overgrown nature of the site, there are markings on the underside of rock shelves that may be aboriginal or may be salts deposited as a result of water running across the site. Some of these areas would be disturbed by excavation works for this house. In my opinion, there is a moderate to high potential that aboriginal relics exist on the site and further assessment is required. Recommendation There is a moderate to high potential for aboriginal relics to be contained within the site, particularly under the rock shelves along the northern side and on the exposed rock outcrops. These areas would be disturbed by excavation works for the new house and this is not supported.

CONSULTATION – OUTSIDE COUNCIL Rural Fire Services In accordance with the provisions of section 79BA of the Environmental Planning and Assessment Act 1979, Council consulted with the Commissioner of the NSW Rural Fire Service, concerning measures to be taken with respect to the protection of persons, property and the environment from danger that may arise from a bush fire. The comments provided by the Rural Fire Service are as follows:

“Based upon an assessment of the plans and documentation received for the proposal, the NSW Rural Fire Service raises no concerns or special considerations in relation to bushfire matters for the proposed development.”

STATUTORY PROVISIONS Department of Water and Energy Under the provisions of Section 91 of the Environmental Planning and Assessment Act 1979, the proposal is Integrated Development on the basis that it requires development consent as well as a Controlled Activity Approval (CAA) under the Water Management Act 2000 (WMA),




due to it involving activity carried out in, on or over the bed of any river, lake or estuary. Accordingly, the development was referred to the Department of Water and Energy (DWE) for comment. No response has been forthcoming from Department of Water and Energy. State Environmental Planning Policy No. 55 – Remediation of Land The provisions of SEPP 55 require consideration of the potential for a site to be contaminated. The subject site has a history of residential use and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 A valid BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and adequately reflects all amendments to the application. Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005 Matters for consideration include biodiversity, ecology and environment protection, public access to and scenic qualities of foreshores and waterways, maintenance of views, control of boat facilities and maintenance of a working harbour. The proposal is not in close proximity to or within views of the waterway, or wetland. The proposed development has been found to adequately satisfy the provisions of the SREP. Ku-ring-gai Planning Scheme Ordinance Part A: Development standards Development standard Proposed Complies Site area: 1492m2 Building height 8m (max) 7m YES Built upon areas 60%(max) 47.3% YES Part B: Aims and objectives for residential zones: The development is unsatisfactory having regard to the following aims for residential development as outlined by Schedule 9: 1. (a) to maintain and, where appropriate , improve the existing amenity and environmental

character of residential zones; and (b) to permit new residential development only where it is compatible with the existing

environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development.




The proposal is unsatisfactory in terms of the aims of the KPSO because of the significant excavation of the site, including up to 5 metres into the existing rock shelf to allow construction of the dwelling and 3 metres for the construction of the basement storage rooms of the garage and the location of the swimming pool and spa area which is projected over a significant rock face. The location of the swimming pool and spa has a detrimental visual impact from the northern neighbour’s perspective and similarly when viewed from the street in front of Allard Avenue Bushcare Reserve. Consequently, the proposal does not respect the natural topography of the site nor the streetscape when viewed from Allard Avenue Bushcare Reserve. POLICY PROVISIONS Development Control Plan No. 38 - Ku-ring-gai Residential Design Manual Development Control Proposed Complies 4.1 Streetscape: Building setbacks (s.4.1.3)

Front setback: 11m (Ave) -75% front elevation 9m (min) – 25% front elevation

32m

6.620m

YES NO

Side setback: Ground floor: 2.52m(min) 1st floor: 3.15m (min)

1.4m

1.5m to2.16m

NO NO

Rear setback: 12m(min)

3.2m NO

4.2 Building form: FSR (s.4.2.1) 0.313:1 (max)

0.32:1(11m2 in excess) NO

Height of building (s.4.2.2) 2 storey (max) and 8m (site >200 slope) or 7m (site <200 slope)

2 storey & 7m

YES YES

Building height plane (s.4.2.3) 450 from horizontal at any point 3m above boundary

YES

First floor (s.4.2.4) FSR: < 40% total FSR

21.5% YES

Roof Line (s.4.2.6) Roof height (5m – single storey) (3m – two+ storey)

1.2m

YES

Roof pitch 350 (max) 90 YES




Development Control Proposed Complies Built-upon area (s.4.2.7)

50% (max)

47.3% YES

Unrelieved wall length (s.4.2.8) 8m (min)

6m YES

Solar access (4.2.11) 4h solar access to adjoining properties between 9am to 3pm

3hours to 3pm YES

Cut & fill (s.4.2.14) Max cut 900mm 5.2m NO Max cut & fill across building area of 1800mm and 900mm

5.2m cut

NO

No cut or fill within side setbacks

3m cut up to bdy NO

4.3 Open space & landscaping: Soft landscaping area (4.3.3) 50% (min)

52.7%

YES

Tree replenishment (s.4.3.6) 7 Trees required

4 additional trees

provided as conditioned

YES

Landscaping cut & fill (4.3.7) max cut or fill 500mm relative to natural ground

5.2m NO

no cut & fill within 2m of boundary

NO

Useable open space (s.4.3.8) Min depth 5m and min area 50m2

Depth 16x12m

Area 192m2

YES YES

4.4 Privacy & security: The location of the spa and adjacent ‘sitout ‘area is 1 to 2metres from the northern site boundary and is elevated up to approximately 9metres above the adjoining property to the north (No.21 Allard Avenue). Consequently, the opportunity for overlooking the adjoining property, including the rear private open space is readily available, particularly due to the cantilevered design. In the circumstances it would be preferable for this area to have a greater setback and scope to establish viable plant screening between the deck area and the property boundary.




Development Control Proposed Complies 4.5 Access & parking: No. of car parking spaces (s.4.5.1)

2 spaces behind building line

2 spaces behind building line

NO

Size of car parking space (s.4.5.2) 5.4m x 5.4m

6m x 8m

YES

Design of Carports and Garages (s4.5.3) Where forward of the building line, front setback complies with s4.1.3 and/or the building line

6.6m (min)

NO

Carport/garage <6m in width or <40% site width whichever is the lesser

<6m in width or <40% site

YES

Driveway width (s.4.5.6) 3m

4m YES

4.6 Ancillary facilities: Swimming pools (s.4.6.1)

Setback from boundary: 2m 1.2-3.8m NO Pool coping <500mm above ground level

5.5m NO

Pool excavation not below the canopy of trees

YES

Part 4.1 – Visual character The desired future character for this area as espoused by DCP 38 and the Visual Character Study for Ku-ring-gai is one that reflects and enhances the existing natural landscape and treed character of Ku-ring-gai. This character should be reinforced in new development which should build on the area’s existing natural and cultural features. Development is encouraged that contributes to the ecology and conserves features such as rock outcrops, creek lines and native vegetation. In this regard, the appropriate design response would be one that integrates into the natural landscape, being sub-ordinate to it. Good design will ensure that the built form blends with its surrounds and achieves development set in gardens dominated by trees and the natural landscape to soften the urban form and maintain the distinctive natural character of the locality. This pattern and form of development is also fundamental in ensuring that an acceptable setting and view from the public domain is maintained. The proposal is not supported as it neither enhances nor is it in harmony with the natural features of the site and the locality. Through excessive excavation and disturbance of the natural features of the site the proposal does not respond to the site’s opportunities and constraints. It imposes a design that disregards the topography and does not minimise disturbance to the natural land form. Setbacks: The proposed dwelling does not comply with the minimum side and rear setbacks required and, as such, will not ensure that the amenity of the neighbouring property is maintained. The side and




rear setbacks of the dwelling are therefore unsatisfactory in the circumstances. The proposed garage is located 6.6metres from the front boundary and Council’s controls require 9 metres. Given the constraints posed by the topography of the site, and the relatively low level of the floor in relation to the street (3.0metres below kerb level), this aspect of the proposal is acceptable. Part 4.2 - Building form: The proposal has a floor space ratio of 0.32:1 which exceeds the permitted maximum of 0.31:1. This represents an additional 11m2 of floor space over the maximum allowed and, given that the side and rear setbacks of the building, including the first floor level are non-compliant with the setback requirements of DCP 38, the proposal has a bulk and scale that does not maintain or enhance the amenity of the adjoining property at No. 31 Allard Avenue nor does it relate well to the local context in terms of separation between buildings. The proposal includes excavation to a depth of up to 5.2 metres into the existing rock to accommodate the lower living area at RL 46, 3 metres, excavation up to the southern property boundary at RL 49 and excavation to a depth of 3 metres within 1.1 metres of the southern side boundary for the basement store rooms to the garage. Given the location and level of the existing dwelling, the aesthetic value of the existing rock outcrop and topography of the site, particularly when viewed from the northern lower properties, the degree of excavation is considered to be excessive and detrimental to the natural features of the site. Part 4.4 – Privacy and security The spa and adjacent ‘sitout ‘area are located between 1 metre and 2 metres from the northern site boundary and are elevated up to approximately 9 metres above the adjoining property to the north. Consequently, the opportunity for overlooking the adjoining property, including the rear private open space is readily available, particularly due to the cantilevered design. In the circumstances it would be preferred that this area had a greater setback together with an opportunity to establish plant screening between the deck area and the property boundary. The spa and associated area is not supported in terms of loss of privacy to the adjoining property to the north. Part 4.5 - Access & parking: The proposed garage is located up to 6.6 metres from the front boundary and is located forward of the existing building line although the existing dwelling is to be demolished. The proposed garage is adjacent to an elevated garage located on the adjoining property to the south, and, as such will be sympathetic to that building in terms of its streetscape relationship. The proposed garage will not dominate the streetscape as its floor level is 3 metres below the level of the kerb located outside the property and the existing vegetation located on the road reserve will assist in screening the garage. The location of the garage is therefore acceptable. Part 4.6 - Ancillary facilities: The swimming pool is proposed to be located up to 5.5 metres above ground level, partially over the existing rock face and set back 1.2 metres to 3.8 metres from the northern site boundary. The




pool shell would be supported by piers from the lower level and the resultant façade is proposed to be screened with timber panelling to a height of 4.6 metres above the existing ground level. The height, exposure and set back of the proposed pool dominates the natural environment and simultaneously has an adverse affect upon the privacy of the adjoining, lower northern properties. The proposal will also have a detrimental visual impact when viewed from Allard Ave Bushcare Reserve. The proposed pool is therefore not supported. Development Control Plan 40 – Construction and Demolition Waste Management An acceptable waste management plan has been submitted in support of the proposed development. Development Control Plan 47 – Water Management Council’s Development Engineer has no engineering objections, subject to conditions. LIKELY IMPACTS The likely impacts have been considered elsewhere in this report. SUITABILITY OF THE SITE The site is suitable for residential development but not as proposed in this application for the reasons given throughout the report. ANY SUBMISSIONS No submissions have been received. PUBLIC INTEREST The approval of the application is not in the public interest. OTHER CONSIDERATIONS There are no other matters for consideration. CONCLUSION Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be unsatisfactory. Therefore, it is recommended that the application be refused. RECOMMENDATION

That the Ku-ring-gai Planning Panel, as the consent authority, refuse development consent to DA0587/08 for the demolition of existing structures and the construction of a dwelling, swimming pool and garage on land at 29 Allard Avenue, Roseville Chase for the following reasons;




Insufficient information: Heritage Impact Statement

The proposal fails to undertake any assessment of impacts on potential aboriginal relics on the site.

Particulars:

(i) Council’s Heritage Advisor has identified the potential for aboriginal relics to be

contained within the site, particularly under the rock shelves along the northern side and on the exposed rock outcrops. These areas would be disturbed by excavation works.

(ii) An assessment by an appropriately qualified person needs to be undertaken to

determine the impact of the proposal on any potential aboriginal relics.

Amenity and environmental character

1. The proposed development does not satisfy the following general aims and objectives of the Ku-ring-gai Planning Scheme Ordinance in relation to land zoned 2(a):

(a) Maintain and, where appropriate, improve the existing amenity and

environmental character of the residential zone; and (b) Permit new residential development only where it is compatible with the

existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development.

(c) All new dwelling-houses and additions to existing dwelling-houses are of a height, size and bulk generally in keeping with neighbouring properties and, where larger buildings are proposed, they are designed so as not to dominate and so far as possible harmonise with neighbouring development.

Particulars:

(i) The proposal entails excavation to a depth of 5.2 metres into the existing rock

face and extends over the majority of the building footprint. The excavation is excessive as the design is not compatible with the environmental character of the area.

(ii) The excavation of up to 3 metres located within 1.1 metres from the southern

site boundary for the basement storage rooms of the garage is also excessive. .

(iii) The proposed swimming pool and spa areas are located up to 5.5 metres above the existing ground level and set back between 1.2 metres to 3.8 metres from the northern site boundary. This results in detrimental visual and amenity impacts to neighbouring properties.

(iv) The proposed side and rear setbacks of the dwelling together with the proposed

floor space ratio of the dwelling results in bulk and scale that does not maintain or enhance the amenity of the adjoining property at No. 31 Allard Avenue nor




does it relate well to the local context in terms of separation between buildings. (v) The building has a length of 36 metres, a constructed height of 8.7 metres when

measured from the floor level of bedroom 3 at RL 46 to the ceiling level of bedroom 1 at RL 54.7 and an apparent height of 12.6m when measured from the base of the swimming pool timber screen panel at RL 43.4 to the ridge height of the dwelling at RL 56, which dominates and is not sympathetic to or harmonious with adjoining development.

Natural environment

2. The proposal does not satisfy the objectives of Part 3 Site Planning and

Environmental Constraints of Development Control Plan No. 38 in that;

(a) The proposed development does not conserve Ku-ring-gai’s landscape and habitat and ensure that the natural environment is not dominated by built form.

(b) The proposal does not respect the natural topography of the site.

Particulars:

(i) The proposal includes excavation up to 5.2 metres into the existing rock face

and extends over the majority of the building footprint which does not conserve Ku-ring-gai’s landscape and habitat.

(ii) The proposed swimming pool and spa overhang the rock shelf located along

portion of the northern site boundary and will have a height of 5.5 metres above the existing ground level and the adjoining properties to the north being 19, 21 and 23 Allard Avenue which dominates the natural environment.

(iii) The excavation to a depth of up to 3 metres, located within 1.1 metres from the

southern site boundary for the basement storage rooms of the garage, is excessive and does not respect the natural topography of the site.

Design elements

3. The proposal does not satisfy the objectives of Part 4.1 Streetscape and Part 4.2 Building Form of Development Control plan No. 38 in that;

(a) The proposed development is not sensitive to its landscape setting. The proposal is not well designed, attractive and site responsive.

(c) The proposal does not ensure that the bulk, scale and height of the proposed works do not dominate the natural landscape and existing streetscape.

(d) The proposal does not protect reasonable neighbour amenity in terms of visual privacy to neighbouring private open space.

Particulars:

(i) The proposal includes excavation up to 5.2 metres into the existing rock face




and extends over the majority of the building footprint which is unacceptable.

(ii) The proposed swimming pool and spa overhang the rock shelf located along portion of the northern site boundary and will have a height of 5.5 metres above the existing ground level and the adjoining properties to the north being 19, 21 and 23 Allard Avenue which will have unacceptable visual and privacy impacts.

(iii) The excavation to a depth of 3 metres located within 1.1 metres from the

southern site boundary for the basement storage rooms of the garage will not allow for sufficient setback area to accommodate adequate screen planting.

(iv) In terms of Clause 4.2.13 Slope of DCP 38.

The building form does not have regard to the slope of the land to ensure appropriate proportions and height in relation to adjoining land.

(v) In terms of Clause 4.2.14

The proposal has an extent of excavation that will significantly alter the natural landscape.

The development is not accommodated within the natural slope of the land, the proposal exceeds 900mm in cut relative to natural ground level and does not avoid cut within the minimum side setbacks as specified in clause 4.1.3 of DCP38.

G Bolton Executive Assessment Officer

S Garland Team Leader Development Assessment – South

C Swanepoel Manager Development Assessment Services

M Miocic Director Development & Regulation

Attachments: Location Sketch – 2008/019941

Zoning Extract – 2008/019941 Site Analysis – 2008/019943 Floor Plans – 2008/019969 Elevations – 2008/019977 Shadow Diagram – 2008/019982 Survey Plan – 2008/019982 Landscape Plans – 2008/020024

Ku-ring-gai Planning Panel - 12 November 2008 2 / 1 1 Killara Avenue & 469, 473 &

475 Pacific Highway, KillaraItem 2 DA0112/08 8 October 2008

N:\081112-KPP-PR-00352-1 KILLARA AVENUE 469 473.doc/pdonnelly/1


SUMMARY SHEET

REPORT TITLE: 1 KILLARA AVENUE & 469, 473 & 475 PACIFIC HIGHWAY, KILLARA - DEMOLITION OF FOUR (4) EXISTING DWELLINGS AND CONSTRUCTION OF TWO (2) RESIDENTIAL FLAT BUILDINGS COMPRISING 69 UNITS AND ASSOCIATED BASEMENT CAR PARKING

WARD: Gordon

DEVELOPMENT APPLICATION NO: 0112/08

SUBJECT LAND: 1 Killara Avenue & 469, 473 & 475 Pacific Highway, Killara

APPLICANT: K & Y Bechara

OWNER: Mr Kalim Richard Bechara & Mrs Yvonne Bechara

DESIGNER: Building Environments Pty Ltd

PRESENT USE: Dwellings

ZONING: Residential 2(d3)

HERITAGE: No


COUNCIL'S POLICIES APPLICABLE: KPSO, DCP 31 - Access, DCP 40 - Waste Management, DCP 43 - Car Parking, DCP 47 - Water Management, DCP 55 - Multi Unit Housing

COMPLIANCE WITH CODES/POLICIES: Yes

GOVERNMENT POLICIES APPLICABLE: SEPP1, Draft SEPP (Application of Development Standards), SEPP 55, SEPP 65, SEPP (Basix)

COMPLIANCE WITH GOVERNMENT POLICIES: Yes

DATE LODGED: 19 February 2008

40 DAY PERIOD EXPIRED: 30 March 2008

PROPOSAL: Demolition of four (4) existing dwellings and construction of two (2) five storey residential flat buildings comprising 69 units and associated basement car parking

RECOMMENDATION: Approval.




DEVELOPMENT APPLICATION NO 0112/08 PREMISES: 1 KILLARA AVENUE & 469, 473 & 475 PACIFIC

HIGHWAY, KILLARA PROPOSAL: DEMOLITION OF FOUR (4) EXISTING

DWELLINGS AND CONSTRUCTION OF TWO (2) RESIDENTIAL FLAT BUILDINGS COMPRISING 69 UNITS AND ASSOCIATED BASEMENT CAR PARKING

APPLICANT: K & Y BECHARA OWNER: MR KALIM RICHARD BECHARA & MRS

YVONNE BECHARA DESIGNER BUILDING ENVIRONMENTS PTY LTD PURPOSE FOR REPORT To determine development application No.0112/08 for demolition of four (4) existing dwellings and construction of two (2) five storey residential flat buildings comprising 69 units and associated basement car parking. EXECUTIVE SUMMARY The proposed development is comprised of the demolition of the existing dwellings and ancillary structures on the site and construction of two buildings (Blocks A & B) containing 69 dwellings and basement parking for 96 vehicles. The proposal complies with all applicable development standards under LEP 194 and predominantly satisfies DCP 55 requirements. The proposal is satisfactory, subject to conditions and is recommended for approval. HISTORY DA History DA0324/07 for demolition of the existing dwellings on Nos.469, 473 and 475 Pacific Highway, retention of the existing dwelling at No.1 Killara Avenue and the construction of two multi unit dwelling buildings containing 70 dwellings was lodged on 27/04/07. The proposal was unsatisfactory in a number of respects, including:

• the architectural interface between the existing dwelling at No.1 Killara Avenue and the proposed adjoining multi unit building

• zone interface non-compliance • adverse impact on the adjoining heritage item at No.3 Killara Avenue • landscaping deficiencies including non-compliance with the deep soil landscaping

requirement The DA was withdrawn by the applicant on 27/08/07. A subsequent pre-DA consultation was held on 26/09/07, prior to the lodgement of the current proposal.




Since lodgement of the current application, numerous modifications have been made by the applicant in order to satisfy Council’s planning controls. There have been several substantial delays in the provision of satisfactory amendments or additional information by the applicant during the assessment process, resulting in an extended assessment period. THE SITE Zoning: Residential 2(d3) Visual Character Study Category: 1920-1945 Lot Number: 1 DP Number: 654150, 511243, 663519, 656376 Area: 4365m2 Heritage Affected: Adjoining heritage item Integrated Development: No Bush Fire Prone Land: No Endangered Species: Yes (BGHF) (No impact) Urban Bushland: No Contaminated Land: No SITE DESCRIPTION The site is comprised of four lots as follows: Lot 1 DP 654150 – No.1 Killara Avenue, Killara Lot 1 DP 511243 – No.469 Pacific Highway, Killara Lot 1 DP 663519 – No.473 Pacific Highway, Killara Lot 1 DP 656376 – No.475 Pacific Highway, Killara The site has an area of 4365m², with a frontage of approximately 27m to Killara Avenue and 107m to the Pacific Highway. The site falls a maximum of 9.8m from RL119.6 adjoining Killara Avenue to RL 109.8 adjoining No.455 Pacific Highway. Existing development on the site includes four one and two storey dwelling houses and other ancillary structures (carports, garages, sheds, etc). Vehicular access to the existing dwellings is gained via Killara Avenue in relation to No.1 Killara Avenue and via the Pacific Highway for the remaining dwellings. SURROUNDING DEVELOPMENT The site is adjoined by a 3 storey residential flat building to the south at No.455 Pacific Highway and a 2 storey dwelling house (a listed heritage item) to the east at No. 3 Killara Avenue. Other surrounding development is predominantly comprised of one and two storey dwelling houses and up to five storey residential flat buildings, including a five storey residential flat building at 2A Killara Avenue, directly opposite the subject site. On the western side of the Pacific Highway, opposite the site is a Mobil service station and a motel.




THE PROPOSAL The proposed development comprises the demolition of the existing dwellings and ancillary structures on the site, and the construction of two buildings (Blocks A & B) containing 69 dwellings and basement parking for 96 vehicles, including visitor parking. Block A is located on No.1 Killara Avenue and is part 3 and part 5 storeys in height and Block B is part 4 and part 5 storeys. The development has the following features:

• 69 dwellings in total, with 36 x 1 bedroom dwellings, 31 x 2 bedroom dwellings and 2 x 3 bedroom dwellings.

• Block A is a part 3 and part 5 storey rectilinear building located on the northern part of the site

• Block B is a part 4 and part 5 storey “U” shaped building located at the southern end of the site

• Basement parking on two levels for 96 vehicles (78 resident spaces and 18 visitor spaces) accessed via Killara Avenue and providing access to three levels of basement parking and storage located predominantly below Block B.

• Proposed external finishes include a base storey of dark face brick with rendered walls above, a feature sandstone faced wall, aluminium framed windows, adjustable louvres and other architectural design features. Both buildings have skillion roofs.




COMMUNITY CONSULTATION In accordance with Development Control Plan No. 56, owners of surrounding properties were given notice of the application. In response, submissions from the following were received: Mrs Stephanie Harpur on behalf of the Owner’s Corporation of Strata Plan 853

455 Pacific Hwy, Killara

Mrs Stephanie Harpur 7/455 Pacific Hwy, Killara P.E. Old 14 Killara Avenue, Killara Kenneth Kwan & Nancy Kwan 3 Killara Avenue, Killara The submissions raised the following issues: unit mix is unsatisfactory, too many 1 bedroom units, need more 2 & 3 bed units The proposed development comprises 36 x 1 bed, 31 x 2 bed and 4 x 3 bed units. This is satisfactory with regard to section 4.7 of DCP 55 in terms of housing mix. sixty nine units will potentially turn the area into a slum It is unlikely that the proposed development will result in the area becoming a slum. traffic impacts, impact on condition of road, dangerous access to highway being on bend The proposed development removes the 3 existing driveways providing vehicular access to the Pacific Highway and includes a single vehicular access point via Killara Avenue. The traffic volumes and impact on local traffic as a result of the development have been assessed by Council’s Development Engineer and are satisfactory. heritage impact on No.3 Killara Avenue due to inadequate side setback Council’s Heritage Advisor has assessed the proposal with particular regard to the provisions contained in section 3.5, Development within the Vicinity of a Heritage Item of DCP 55 and the potential impact of the proposed development on No.3 Killara Avenue. The proposal is considered satisfactory with regard to impact on the heritage significance of the item, as detailed later in this report. loss of privacy to swimming pool, tennis court and rear yard of No.3 Killara Avenue The proposed development has compliant setbacks of 6m from the side boundary for the first two storeys and then a minimum of 9m from the side boundary for the higher levels (zone interface setback requirement). The proposal satisfies the privacy requirements of DCP 55 with regard to minimum separation between buildings. It is acknowledged that there is the potential for a degree of overlooking from the proposed development into the rear yard of No. 3 Killara Avenue, which contains a swimming pool, tennis court and garden area. However, the distance from the proposed development, particularly at the upper levels, is greater than the minimum 9m specified in AMCORD. Additionally, existing and proposed landscape screening will reduce the opportunity for overlooking from the proposed development.




loss of views of Chatswood and the Sydney cityscape The view loss controls in DCP 55 relate to views to and from a heritage item from the public realm. The proposal will not result in an adverse impact on views to and from the item from Killara Avenue. Additionally, the streetscape setting of the item would not be compromised. In relation to view loss generally it is agreed that existing views would be largely obscured by the proposed buildings. When applying the Land and Environment Court’s planning principle on view loss to the proposal it is particularly relevant that the proposal complies with the height and envelope controls and that a differently designed 5 storey building would not retain the views to the south. The proposal is satisfactory with regard to view loss considerations. inadequate on-site parking resulting in additional on-street parking The proposal complies with the required car parking provision, including the required number of resident and visitor spaces. proposed colour palette and textures are not in keeping with the architectural character of Ku-ring-gai south-facing wall of Building B should be a much lighter neutral colour The proposed colour palette includes a dark face brick building base at the ground floor (Austral Bowral Blue and Blue Onyx) with a sandstone faced feature wall to Building A. The remainder of the buildings rendered in unobtrusive neutral tones. A colour board has been provided and the nominated colours and finishes are also indicated on the DA plans. The proposed colours and finishes are satisfactory with regard to the nature of the proposed development, being a contemporary five storey multi unit development. The south-facing wall of Building B is to be rendered a light grey colour (Dulux “Gamelan”) consistent with the contemporary architectural style of the building. It is unclear as to why this colour has been described as a “dark grey”. Overall, the proposed range of colours in the palette is not excessive and will result in a building with satisfactory aesthetics. proposed architectural features (wings, window hoods, louvres, different sized panels, sandstone feature wall, etc) and building articulation and modulation is excessive The use of articulated and modulated façade planes and building elements, vertical and horizontal architectural features such as blade walls and window hoods, balcony recesses and an appropriate range of external colours and textures are generally considered desirable building elements, particularly when combined in appropriate proportion and achieving a satisfactory scale and rhythm. The proposed development features these desirable elements and will read as a contemporary multi unit development of high architectural quality. Building A, being approximately 49m in length, exhibits adequate vertical emphasis, particularly when the varied façade planes and the use of a combination of sandstone facing, rendered finishes and architectural elements including louvres and vertical blade walls are considered. The proposed development is architecturally and aesthetically satisfactory. Amended plans:




Multiple sets of amended plans were received by Council in response to numerous concerns raised by Council regarding landscaping, engineering and urban design issues. These issues have now been satisfactorily resolved. The amended plans were not notified to surrounding residents, in accordance with the provisions of Council’s Notification DCP, as the proposed amendments do not result in a greater environmental impact than the original proposal and a number of modifications actually reduced the environmental impact. INTERNAL REFERRALS Urban design Council's Urban Design Consultant, Russell Olsen, has reviewed the application against the provisions of SEPP 65 and has provided the following comments:

Principle 1: Context SEPP 65 : Good design responds and contributes to its context…Responding to context involves identifying the desirable elements of a location’s current character, or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. Comment: The proposed site is situated 900m from Killara Railway Station. The site is an amalgamation of 4 lots and has an area of 4364 square metres, a street frontage of approximately 23 metres to Killara Avenue and approximately104 metres to the Pacific Highway and a range of depths from the Pacific Highway of approximately 27 metres to 62 metres. The built form context is comprised of

• on the proposed site are four residential dwellings zoned 2(d3) • to the south an existing two storey residential flat building zoned 2(d) • to the north a two storey heritage item zoned 2(b)

The proposal is for two (2) building blocks on site comprising of 69 units with basement carparking. Four (4) existing dwellings on the subject site will be demolished. To the north east of the proposed development is a two (2) storey brick rendered dwelling that is a heritage item. Principle 2: Scale SEPP 65: Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings. Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing transition proposed bulk and height needs to achieve the scale identified for the desired future character of the area. Comment:




The scale of the proposed development is acceptable in terms of its height complying with the controls. Principle 3: Built Form SEPP 65: Good design achieves an appropriate built form for a site and the buildings purpose, in terms of building alignments, proportions, building type and the manipulation of building elements… Comment: The site has four boundaries which require Zone Interface setbacks. All zone interface setbacks comply. The basement carpark infringes on the 10-12 metres street frontage setback zone. The built form of the proposed development is not acceptable in terms of the basement carpark setback. Principle 4: Density SEPP 65 : Good design has a density appropriate to its site and its context, in terms of floor space yields ( or numbers of units or residents)… Comment: The density is acceptable. Principle 5: Resource, energy and water efficiency SEPP 65: Sustainability is integral to the design process. Aspects include…..layouts and built form, passive solar design principles,…soil zones for vegetation and re-use of water. Comment: More than 70% (minimum recommended in the Residential Flat Design Code) of living rooms/balconies in apartments will receive greater than 2 hours sunlight between 9am and 3pm in mid-winter. There are no south facing apartments. More than 60% of apartments (minimum recommended in the Residential Flat Design Code) are naturally ventilated. More than 25% (minimum recommended in the Residential Flat Design Code) of kitchens are located on external walls. Principle 6: Landscape SEPP 65: Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain. Comment: According to the landscape plan provided more than the minimum of 50% deep soil landscaping has been achieved.




Principle 7: Amenity SEPP 65: Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts, and service areas, outlook and ease of access for all age groups and degrees of mobility. Comment: The following amenity problems exist within the development:

• Unit 23 and 24 Bedroom 2 and unit 32 and 43 bedroom 2 are under the minimum 12 metres separation required for habitable rooms.

• Unit 26, 27 and 54 are below the minimum 10m2 of balcony area for a 1 bedroom unit. • Unit 4 has below the minimum 12m2 of balcony area for a 2 bedroom unit. • Unit 58 has a bedroom window opening onto the balcony of Unit 59 • Unit 48 has a bedroom window opening onto the balcony of Unit 49 • The area provided for a living room for units 9,10,13 and 14 is insufficient in area and

poorly planned • The kitchens for units 3,5,7,31,39 and 40 are inadequate and too small. A possibility is

an inclusion of a kitchen island bench. • Unit 69 in particular has a excessively large balcony for a 1 bedroom apartment, the

balcony is approximately 75m2, larger than the unit itself, A possible solution is to reduce the size and proposing a non trafficable roof or combining unit 69 and 68 as a three bedroom apartment (see social dimensions). Other 1, 2 and 3 bedroom apartments achieve the bare minimum balcony area required.

• Unit 13 has no balcony access. This is due to drawing errors on the floor plans. Principle 8: Safety and Security SEPP 65: good design optimises safety and security, both internal to the development and for the public domain. This is achieved by maximising activity on the streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces. Comment: There are no perceived safety and security issues. Principle 9: Social Dimensions SEPP 65: Good design responds to the social context and needs of the local community in terms of lifestyles, affordability and access to social facilities. New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood, or, in the case of precincts undergoing transition, provide for the desired future community. Comment: There are a high number of 1 and 2 bedroom units and unit’s 28 and 36 are the only 3 bedroom apartments proposed. The proposed amenity for a number of units are poor (see




amenity section above). To Council’s discretion a possibility is combining a number of 1 bedroom units to provide a variety of 2 and 3 bedroom apartments that can result in improved amenities and floor layout. Principle 10: Aesthetics SEPP 65: Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area. Comment: A material and colour board and coloured perspective are required to assess the aesthetics fully. 2.0 Conclusion and recommendations It is recommended that

• The basement car park does not infringe on the 10-12 metres street frontage setback zone.

• Separation of units 23 and 24 and 32 and 43 to be a minimum of 12 metres. • Balcony area for units 4, 26, 27 and 54 are below the minimum required, therefore

seek to achieve the minimum. • Living rooms area to units 9, 10, 13 and 14 are insufficient in layout. • Unit 58 has a bedroom window opening onto the balcony of Unit 59 • Unit 48 has a bedroom window opening onto the balcony of Unit 49 • The kitchens to units 3, 5 , 7, 31, 39 and 40 are too small. It is recommended that it be

re-configured or include an additional island bench. • Too many 1 and 2 bedroom apartments with below minimum dimension layouts and

amenities and only two 3 bedroom apartments provided. To Council’s discretion, reduce the amount of apartments so that some of the 1 bedroom units can combine to provide more 2 and 3 bedroom apartments for variety and better quality of amenities.

• A material and colour board and coloured perspective are required to assess the aesthetics fully.

Comment: The proposal has been amended in a number of respects and is now satisfactory with regard to all issues raised by Council’s Urban Design Consultant. Heritage Council's Heritage Advisor, Paul Dignam, commented on the proposal as follows:




Heritage status The site is not identified as a heritage item and has not been identified as having individual heritage significance. The site is not included in a National Trust UCA but is relatively close to UCA No 10 – “Culworth”. UCAs have statutory considerations in DCP 55 however no statutory controls apply to sites within the vicinity of a UCA. The site adjoins a locally listed item at No 3 Killara Avenue and is within the vicinity of several other items including • 2, 3, 4, 6 & 7 Stanhope Road • 6 & 8 Treats Avenue (listed in IDO 40) • 517 Pacific Highway Demolition The house at No 1 Killara Avenue is a relatively good example of a Californian Bungalow and while dilapidated is still relatively intact. While it is considered to have some heritage value, given rezoning of the site demolition is acceptable provided archival photographic recording is undertaken prior to works commencing. The earlier scheme that tried to retain the house resulted in an unacceptable design resolution and it was agreed by Council officers that demolition and a new building with a unified design would be an acceptable option for the site. The other houses on the site have no apparent heritage value and demolition is acceptable. However, it is recommended that archival photographic recording should be undertaken before any works commence consistent with other sites rezoned for medium density development. Building materials salvaged from the site such as stone should be reused on the site, particularly for paving, retaining walls and landscaping works. DCP 55 Design controls for development within the vicinity of a heritage item C – 1 Medium density development shall be:

(i) Setback the first and second stories at least 10m from the heritage building. (ii) Setback the third and fourth floor levels at least 15m from the heritage building. (iii) Be setback from the front boundary so that it is not closer than the heritage item.

Comment – the application does not comply with this control. The setback on the first and second floor is about 7m. The setback on the third is about 10m and is a departure from the DCP control. The setback of the Killara Avenue frontage is not forward of the adjoining item and complies. C 2 – Screen plantings should achieve visual screening with a height of at least 4 meters on

all boundaries. Comment – this control is achieved.




C – 3 – Respect aesthetic character of nearby heritage items and not dominate it. Comment - the adjoining heritage item at 3 Killara Avenue is a good example of the Arts & Crafts Federation style and designed by a noted architect – James Peddle. The proposed development is contemporary in character and would not be confused with the heritage item. The Killara Avenue facade of the development is only 3 storeys in height with the lower floor set down resulting in a total building height corresponding to the western ridge of the heritage item. The third level is set back from the item an additional 4m to provide additional setback and a better scale relationship to it. While it is a different architectural character, it is not a dominant form when viewed from Killara Avenue and in this respect it is considered acceptable and consistent with the desired future character as a result of rezoning. C – 4 – Colours should be complimentary to heritage building. Comment – the colours are recessive and are considered acceptable but there is a predominance of rendered masonry. Face brickwork is used on the base of the building and stone is used as a feature on some wall surfaces to provide additional articulation and visual interest. C – 5 – The front fence should be no higher than the front fence of the heritage item. Comment – no front fence is proposed, however, the model indicates a continuous fence to the boundaries of the site. Detail of any fence should be requested and considered in the assessment. C – 6 – A heritage impact statement must be submitted and should discuss any impacts on the item including its garden and setting. Comment – the applicant submitted a Statement of Heritage Impact (HIS) prepared by an experienced heritage consultant. It concludes that the proposal meets the objectives in 3.5 of DCP 55 in that it respects, will not visually dominate, does not reduce significant views to and from it, and will have negligible impact on the shadowing of the garden of the heritage item. Comments An earlier application proposed retaining the cottage and physically connecting it to a new development. That design solution was considered unacceptable. In a pre DA meeting, advice was provided that demolition of the cottage would be acceptable for a unified building design on the site. The HIS submitted with the application includes a short history of the site and the adjoining item. It indicates that the two houses – 1 & 3 Killara Avenue were built on one title and not subdivided until 1979. It suggests that No 3 Killara Avenue may have been a “de facto dual occupancy”. More history on the relationship of the two houses would be helpful. There is considerable non-compliance with the heritage setbacks. The first two floors have a setback of about 7m, DCP 55 requires 10m. Setback on the third floor is about 10m, DCP 55 requires 15m and about 12m for the top floor, DCP 55 requires 15m setback. Currently the house has a double garage on its western side and a first floor above. There is a small




balcony on the first floor above the garage close to the boundary of No 1 Killara Avenue. The c1990 garage and first floor addition is not shown on the 1987 photograph of the item when the Ku-ring-gai heritage study that identified the item was undertaken. A BA was approved in 1987 but it is unclear when it was actually built. The applicant states that the setback has been taken from the original built form of the heritage item when it was identified (side of original garage) and has not included the “garage addition” on the western side which was built after it was listed (c1990). DCP 55 defines “heritage building” as being any building that forms part of a heritage item, thus the applicant is technically incorrect in measuring the setback from the original garage. When considering the merits of the applicant’s arguments about heritage setbacks, it becomes necessary to consider the intention behind the controls. The objectives for new medium density are • to respect the heritage significance of nearby items • not visually dominate nearby items • not reduce views to or from the public realm • not impact on the garden setting of nearby items or overshadowing its garden or cause

physical impacts on significant trees. As proposed, the Killara Avenue elevation of Building A is three storeys in height, with the top of the parapet below the ridge of the heritage item. The façade is designed with the ground floor set down below the footpath level so that the overall height and scale relates to the two storey height of the adjoining item. The building steps down in height at its side boundary with the item. The fourth level is set back a considerable distance from the Killara Avenue façade (19m) and would not be read from the Killara Avenue elevation. The existing cottage at No 1 Killara is set back about 2.5m from the side boundary, thus there would be an increase in the side setback which would improve the setting of the item from Killara Avenue. Certainly the views of the item from the Pacific Highway would change, but that is a limited and not primary view. Its main presentation is to Killara Avenue and its setting is limited to the immediate streetscape. Despite the non-compliance with the heritage setback control, the application complies with the heritage objectives in DCP 55 in that is achieves a reasonable side setback, steps down in scale at the side boundary and has an acceptable height and scale at the Killara Avenue elevation. In this application, strict compliance with the numeric heritage setback controls in DCP 55 is not warranted as the intention that underlies the control is achieved. The owner of 3 Killara Avenue has stated that there are views from the rear of the house to the city and that the proposed development would completely block the existing views. A site inspection was undertaken in response to these claims. The item is sited on a relatively high local point. From the rear of the house on the first floor there is distant view to the skyline of the city and Chatswood, roughly on the horizon line. The view corridor from the upper floor is framed by two eucalypts with the tennis court in the foreground. There is also a district view to the west from the western balcony above the garage. As proposed, Building B would reduce the distant view to the city and Chatswood and Building A would reduce local views from the western balcony. The setback of Building B is a minimum of 50m from the rear façade of the item. The loss of views from the rear of the house is a loss in terms of amenity and enjoyment of the item but is not considered critical to




the heritage significance or curtilage of the item. The item has a clear presentation to the public realm (Killara Avenue) and its streetscape setting would not be compromised. It must be noted that the development site is zoned for 5 storey residential development and the proposed development is consistent with the desired future character envisaged in the zoning. Conclusions and recommendations Demolition of the existing house on the site is acceptable, provided archival recording is undertaken before the works commence. On balance when considering the zoning of the site and the heritage controls established in DCP 55, the application is a reasonable response to the heritage constraints of the site and is considered satisfactory. Condition Photographic Archival Recording of all buildings to be demolished on the site (Condition No. 7).

Landscaping Council's Landscape and Tree Assessment Officer, Tempe Beaven, commented on the proposal as follows:

Tree & vegetation removal & impacts An arborist’s report, prepared by Urban Landscape Planners, dated 30/01/08, has been submitted as part of the original application. Tree numbers refer to this report. Trees to be removed The following trees are not considered significant due to size, location and condition. Their removal will not have an adverse environmental impact and is supported. Tree 1, 4, 7, 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 26, 30, 31, 32, 35, 38 and 39. Landscape plan Common open space Proposed area of common open space is located to the north of Block B. A further area of communal open space is provided along the Pacific Highway frontage. The proposal includes a corridor of canopy trees representative of Blue Gum High Forest community along the Pacific Highway frontage. Private courtyards Units 29 and 30 have had the private courtyards of the southern side of the building deleted and replaced with larger courtyards to the north of Building B. These units have paved courtyards of 19.4m2 and 18.6m2. This is less than the minimum 25m2 (Clause 4.5.5, DCP55, 25C(2)(g)LEP194 KPSO)




Screen planting Northern boundary Block B (to Heritage item) – Clerodendron tomentosum (Downy Chance Tree) 3m Eastern boundary Block A (to Heritage item) – Elaeocarpus reticulatus (Blueberry Ash) 10H, Clerodendron tomentosum (Downy Chance Tree) 3m Eastern boundary Block B– Clerodendron tomentosum (Downy Chance Tree) 3m, Waterhousia floribunda (Weeping Lillypilly) 6-8m Southern boundary – Waterhousia floribunda (Weeping Lillypilly) 6-8m, Callistemon ‘Mauve Mist’ (Bottlebrush) 2H Landscape plan to be amended to show the following 1. Proposed street tree planting to Pacific Highway of Callistemon ‘Reeves Pink’ to be

replaced with Stenocarpus sinuatus (Firewheel Tree). 2. To provide viable planting areas for the proposed indigenous tall tree, shrub and

groundcover plantings, a minimum of 3 metre width planting area is to be provided along the southern boundary to Building B, eastern boundary to Building A and B and northern boundary of Building B. An exception to this is to north of Unit 24 where a minimum 2 metre width planting area shall be provided and the turf ramp shall be replaced with a ramped 1m wide path of stepping stones or similar.

3. Tree numbers to be at larger size to ensure clarity (See Condition No. 23 ). Deep soil Numerical compliance is achieved of 50.9% Basix Common area landscape nominated for indigenous or low water use species – 500m2 (1193 m2 provided). Stormwater plan No issue Other issues and comments Front Fence – proposed open palisade fence, black, 1m high. No elevation has been provided. Environmental Management Plan (EMP) To preserve health and condition of Tree 25 (Canary Island Date Palm) the proposed site access should not encroach within the canopy spread of this tree. EMP to be marked up and stamped as part of DA approval. CONCLUSION The proposal is supported, subject to conditions




Engineering Council's Team Leader Development Engineers, Kathy Hawken, commented on the proposal as follows:

The following documents were used for the assessment: • Geotechnique Report on Geotechnical Investigation 11391/1-AA dated 18 April 2008; • Building Environments Statement of Environmental Effects, received by Council on 19

February 2008; • ATS Land & Engineering Surveyors Survey Plan, 3 sheets, dated 19/02/07; • Building Environments architectural plans dated 5/09/08; • BASIX Certificate 177824M, dated 21 January 2008. Water management The BASIX commitments do not require any rainwater retention and re-use. Therefore full on site detention will apply. The stormwater drainage design for the site incorporates two on site detention tanks, one for each building. The tank for Building A (OSD2), is smaller due to the smaller roof area, whilst the tank for Building B (OSD1) has a large surface area but is relatively shallow. Some anomalies remain on the plans, and conditions are recommended to remove these from the Construction Certificate plans. Discharge of stormwater from the site is proposed to be by a new 375mm diameter pipe laid in the Pacific Highway and connecting to an existing kerb inlet pit some 50 metres downstream of the site. A detailed design for this work will have to be submitted and approved by Council and the RTA prior to the issue of the Construction Certificate. Traffic and parking The site is further than 400 metres from Killara station, so 71 resident and 18 visitor parking spaces are required. The development provides 18 visitor spaces and a total of 78 resident spaces, 9 of which are tandem spaces. Two tandem spaces can be allocated to the three bedroom units, which leaves 7 surplus spaces, so the car parking provision complies with the LEP. The carpark is reached by means of a two way driveway off Killara Avenue. The headroom is demonstrated on Drawing 14C/1305 to provide a minimum of 2.44 metres as required by DCP 40. The dimensions of the carpark and ramp grades comply with AS2890.1:2004. Construction management A Works Zone will have to be arranged on the Killara Avenue frontage of the site prior to commencement of works. Truck routes to and from the site from both north and south directions will have to be shown in the detailed Construction Traffic Management Plan, to be submitted prior to commencement of works.




The sediment control plan (which was with the stormwater plans and will not be stamped or included in the list of approved plans) shows a construction access from the Pacific Highway. This will not be approved unless RTA approval is first obtained. This is included in the recommended conditions. Geotechnical investigation The site is underlain by deeply weathered shale. Excavation of about 3 metres and 11 metres, respectively, is required to achieve design basement level for Buildings A and B. The recommended conditions address dilapidation reporting of neighbouring structures, excavation support and procedures for temporary anchors.

EXTERNAL REFERRALS The Roads and Traffic Authority (RTA) provided the following comments:

The RTA has assessed the submitted documentation and provides the following comments/requirements. 1. A strip of land has been acquired/vested for road along the subject frontage of the

Pacific Highway. There are no further proposals affecting this property. Therefore there are no objections to the development proposal on property grounds.

2. The RTA notes that the proposed vehicular access to Pacific Highway has been

removed and replaced by the proposed access on Killara Avenue. No vehicular access will be permitted from Pacific Highway.

3. The proposed layout of the car park including, sight distance requirements, driveway

widths, aisle widths, ramp grades, turn paths, parking bay dimensions and loading bays are to be in accordance with AS 2890.1-2004 and AS 2890.2 — 2002 for loading areas. Any proposed columns in the basement parking levels and the multi storey car park are not to interfere with traffic flow, parked cars or pedestrian sight distance. Parking bay dimensions are to include the required clearance distances for columns and walls in accordance with AS 2890.1-2004

4. The required sight lines to pedestrians or other vehicles at the access driveway are not

to be compromised by vegetation, landscaping or fencing. 5. Redundant driveways along the site’s frontage are to be removed with kerb and gutter

(Type SA) reinstated to RTA’s requirements. Details of these requirements could be obtained from the RTA’s Project Services Manager, Traffic Projects Section, Parramatta (ph: 02 8849 2144).

6. The proposed development should be designed such that road traffic noise from Pacific

Highway is mitigated by durable materials and complies with the requirements of Clause 102 — (Impact of road noise or vibration on non-road development) of State Environmental Planning Policy (Infrastructure) 2007.

7. The provision of on-site bicycle parking is to be considered.




8. Council is to be satisfied that appropriate arrangements have been made for garbage

collection, with garbage trucks entering/exiting the site in a forward direction. The turning paths of a garbage truck entering/exiting the loading area as mentioned in the traffic report were not submitted to the RTA for assessment. The traffic report further stated that a 6Am small rigid vehicle would collect garbage from the site. Council is to ensure this is the case or the design modified to cater for an 8.Bm medium rigid vehicle.

9. Suitable provision must be made onsite to accommodate all construction/demolition

vehicles as a construction zone will not be permitted on Pacific Highway. 10. All vehicles must enter and exit the proposed development in a forward direction. 11. Vehicles must be wholly contained onsite before being required to stop. 12. All works associated with the proposed development are to be at no cost to the RTA.

Comment – Conditions are recommended to deal with the RTA’s requirements. STATUTORY PROVISIONS State Environmental Planning Policy No. 65 – Design quality of residential flat development SEPP 65 aims to improve the design quality of residential flat buildings across New South Wales and to provide an assessment framework and design code for assessing “good design”. A Design Verification Statement, prepared by Arvi Rannaste, has been submitted with the application in accordance with the requirements of the SEPP. Part 2 sets out design principles against which design review panels and consent authorities may evaluate the merits of a design. This section is to be considered in addition to the comments of Council’s Urban Design Consultant above. The proposal has been assessed against the heads of consideration specified in SEPP 65 as follows: Principle 1: Context The development site has been zoned 2(d3) which permits five storey buildings. The proposal satisfactorily relates to the adjoining heritage item, being partly 3 storeys in height, and is satisfactory with regard to the site context. Principle 2: Scale The development provides an acceptable bulk and scale to the streetscape that complies with the prescribed building envelope requirements of LEP 194, most notably building height, site coverage and deep soil area controls. The development is below the permissible floor space ratio requirement of 1.3:1, with a FSR of 1.12:1.




Principle 3: Built form The built form is consistent with the desired future character of the 2(d3) zoning, featuring three to five storey buildings within a landscaped setting with 10m-12m setbacks to the Pacific Highway. Although the building length exceeds the maximum permitted under DCP 55, the building form and façades are well articulated and feature a range of materials and a recessive colour palette. Principle 4: Density The development complies with the development standards and controls relating to density, with a FSR of 1.12:1. Principle 5: Resource, energy and water efficiency A compliant 70% of living areas or balconies for the apartments will receive three hours of solar access to living areas between 9am and 3pm in midwinter. More than 60% of the units have natural cross ventilation as required by the Residential Flat Design Code. Communal open space will also receive greater than three hours of direct solar access during mid winter. A valid BASIX certificate has been submitted. Principle 6: Landscape The proposed development results in a deep soil area of 50.9% and complies with the prescribed standard in LEP 194.

The proposed landscaping is consistent with the desired future character of the area and maintains some of the existing feature trees at the site perimeters to soften the built edges of the buildings. Moreover, it will provide privacy for occupants of the development and adjoining properties and will contribute positively to the streetscape.

Principle 7: Amenity

In excess of 70% of the proposed units will have adequate solar access and all units will have visual and acoustic privacy with sufficient separation between windows of habitable rooms and terraces. There will be acceptable levels of privacy to adjoining properties.

Principle 8: Safety and security:

The layout of the development promotes good natural surveillance of public areas and is satisfactory with regard to safety and security. Principle 9: Social dimensions: The proposal includes 36 x 1 bed dwellings, 31 x 2 bed dwellings and 2 x 3 bed dwellings. This is satisfactory with regard to providing a range of unit sizes and configurations. Principle 10: Aesthetics The proposed development features appropriately articulated and modulated façade planes and building elements, vertical and horizontal architectural features such as blade walls and




window hoods, balcony recesses and an appropriate range of external colours and textures, combined in suitable proportion and achieving a satisfactory scale and rhythm. Residential Flat Design Code Relating to the local context: The building envelope, in terms of setbacks, height and articulation is considered to be satisfactory having regard to the desired future character of the locality. Site analysis: An appropriate site analysis was submitted indicating building envelopes, landscape response, access, parking and building performance. In terms of site configuration, the proposal provides acceptable locations for deep soil landscaping and communal open space, with good solar access in compliance with Council’s guidelines. Building design: As detailed in this report, the development provides suitable residential amenity for future occupants in compliance with SEPP 65 and DCP 55. All other relevant matters relating to building design are addressed elsewhere in this report. State Environmental Planning Policy No. 55 – Remediation of Land The provisions of SEPP 55 require consideration of the potential for a site to be contaminated. The subject site has a history of residential use and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 A valid BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and adequately reflects all amendments to the application. State Environmental Planning Policy No.1 & Draft State Environmental Planning Policy (Application of Development Standards) 2004 SEPP 1 provides flexibility to development standards and it enables Council to vary standards where strict compliance with a standard would be necessary, unreasonable or tend to hinder the objectives of the Environmental Planning & Assessment Act, 1979. Where there is a variation to a development standard, the application must be accompanied by a SEPP 1 Objection. When considering a variation it must be demonstrated that the non compliance:

a) is consistent with the objectives of the relevant development standard; b) strict compliance would hinder attainment of the objects specified in Section 5(a)(i) and

(ii) of the Environmental Planning and Assessment Act, 1979; and c) is unreasonable or unnecessary in the circumstance of the case.




Minimum street frontages Clause 25I(3) of the KPSO sets the minimum street frontage of multi unit housing. Sites 1800m2 or more must have a minimum frontage width of 30m. The Pacific Highway frontage substantially exceeds this requirement at approximately 107m. However, the Killara Avenue frontage is approximately 27m in width (with a splayed corner) being approximately 3m less than the required 30m width. The following is an extract from the applicant’s SEPP 1 Objection:

“The development will meet the underlying objectives of the control despite the variation. The proposal provides adequate deep soil landscaping and building setbacks. The deep soil planting to the Pacific Highway and Killara Avenue frontages and the side and rear boundaries allow for landscaping such that the built form will not dominate. To require compliance would be unreasonable and unnecessary given that amalgamations of the adjoining property at No. 3 would be required to achieve site width. No. 3 Killara Avenue is a Heritage Item and not zoned 2(d3) and accordingly could not form part of the proposed development. If strict compliance is required the site would be quarantined which is inconsistent with the zoning. This would hinder the attainment of the objects of Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act, 1979.

The following is an assessment of the adequacy of the SEPP 1 objection using criteria established by the Land and Environment Court. 1. whether the planning control in question is a development standard

Clause 25I(3) is a development standard.

2. the underlying objective or purpose behind the standard

The relevant objectives of this clause are contained within the heads of consideration for consent authority that apply to residential flat development:

“(a) the desirability to provide a high proportion of deep soil landscape to the site area; (b) the desirability to achieve an appropriate separation between buildings and site

boundaries and landscaped corridors along rear fence lines; (c) the environmental features that are characteristic of the zone in which the site is

situated by requiring sufficient space on site for effective landscaping. (d) The desirability of adequate landscaping so that the built form does not dominate the

landscape.”

3. whether compliance with the development standard is consistent with the aims of the Policy and whether compliance would tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the EP & A Act 1979

The proposal will not hinder the attainment of the object of section 5(a)(i) and (ii) of the environmental Planning and Assessment Act 1979.




4. whether compliance with the development standard unreasonable or unnecessary in the circumstance

Compliance is unreasonable and unnecessary in the circumstance for the reasons given below. 5. whether the objection is well founded Despite the variation, the development will meet the underlying objectives of the control. The development provides sufficient and effective deep soil landscaping on the site (50.9%) and includes adequate separation between the subject and surrounding buildings. The development is consistent with the desired future character of the area and the built form will not dominate the landscape. To require compliance would be unreasonable and unnecessary given that it would take the incorporation of No. 3 Killara Avenue (a heritage item) into the site and without an amalgamation the shortfall effectively sterilises the site, which is inconsistent with the zoning. This would hinder the attainment of the objects of Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act, 1979. Consequently, the variation is supported in this instance. Draft SEPP (Application of Development Standards) 2004 Draft State Environmental Planning Policy (Application of Development Standards) 2004 is to be considered, as it relates to the proposed variation. The objectives of this policy seek to provide an appropriate degree of flexibility in the application to particular development of a development standard specified in or under an environmental planning instrument, to achieve better outcomes for and from development in the circumstances in the policy and to promote good strategic planning practice by incorporating provisions allowing flexibility in local environmental plans. The proposed variation to the development standard is reasonable and consistent with the provisions of the Draft SEPP. As discussed throughout the report, the development is consistent with the underlying objectives of the site’s zoning and development standards. In addition, little statutory weight is given to the draft policy given that its adoption is neither imminent nor certain. Ku-ring-gai Planning Scheme Ordinance Part A: Development Standards Development standard Proposed Complies Site area (min): 2400m2 4365m2 YES Deep soil landscaping (min): 50% 50.9% YES Street frontage (min): 30m 107m (Pacific Hwy)

27m (Killara Ave) YES NO*

Number of storeys (max): 5 5 YES Site coverage (max): 35% 33.2% YES Top floor area (max): 60% of level below 60% YES Storeys and ceiling height (max): 4 plus top and 13.4m

4 plus top & 13.2m YES




Development standard Proposed Complies Car parking spaces (min): 18 (visitors) 71 (residents) 89 (total)

18 78 96

YES YES YES

Zone interface setback (min): 9m 9m YES Manageable housing (min): 10% (7 dwellings)

8 dwellings YES

Lift access: required if greater than three storeys

Lift access proposed YES

* SEPP 1 Objection submitted.

Part B: Residential zone objectives:

The development satisfies the objectives for residential zones as prescribed in clause 25D.

Development Control Plan No. 55 – Railway/Pacific Highway Corridor & St Ives Centre

Development control Proposed Complies Part 3 Local context: Development adjacent to a heritage item: � 10m setback (1st & 2nd storeys)

7m NO

� 15m setback (3rd storey)

10m NO

� No closer than heritage item from front boundary Not closer YES Part 4.1 Landscape design: Deep soil landscaping (min) 150m2 per 1000m2 of site area = 655m2 2223m2 YES

No. of tall trees required (min): 15 trees >15 trees YES Part 4.2 Density: Building footprint (max): 35% of total site area 33.2% YES Floor space ratio (max): 1.3:1 1.12:1 YES Part 4.3 Setbacks: Street boundary setback (min): 10-12 metres (<40% of the zone occupied by building footprint)

10m*-12m / <40% *(600mm minor non-

compliance)

YES

Rear boundary setback (min): 6m 6m YES Side boundary setback (min): 6m 6m YES Setback of ground floor courtyards to street boundary (min):

8m/11m 8m-11m YES




Development control Proposed Complies % of total area of front setback occupied by private courtyards (max):

15% <15% YES Part 4.4 Built form and articulation: Façade articulation: � Wall plane depth >600mm >600mm YES

� Wall plane area <81m2 <81m2 YES Built form: � Building width < 36m 49m (Building A)

36m (Building B) NO YES

� Balcony projection < 1.2m <1.2m YES

Part 4.5 Residential amenity Solar access: � >70% of units receive 3+ hours direct sunlight in

winter solstice >70% YES

� >50% of the principle common open space of the development receives 3+ hours direct sunlight in the winter solstice

>50% YES

� <15% of the total units are single aspect with a western orientation

11.6% YES

Visual privacy: Separation b/w windows and balconies of a building and any neighbouring building on site or adjoining site:

Storeys 1 to 4 � 12m b/w habitable rooms � 9m b/w habitable and non-habitable rooms � 6m b/w non-habitable rooms

12m >9m

>6m

YES YES

YES

5th Storey � 18m b/w habitable rooms � 13m b/w habitable and non-habitable rooms � 9m b/w non-habitable rooms

N.A. (no adjoining 5

storey buildings)

N.A.

Internal amenity: � Habitable rooms have a minimum floor to ceiling

height of 2.7m 2.7m YES

� Non-habitable rooms have a minimum floor to ceiling height of 2.4m

2.4m

YES

� 1-2 bedroom units have a minimum plan dimension of 3m in all bedroom

>3m YES

� 3+ bedroom units have a minimum plan dimension of 3m in at least two bedrooms

>3m YES

� Single corridors: - serve a maximum of 8 units - >1.5m wide - >1.8m wide at lift lobbies

5 units

1.5m

>1.8m

YES

YES YES




Development control Proposed Complies Outdoor living: � ground floor apartments have a terrace or private

courtyard greater than 25m2 in area Unit 29 = 19.4m2 Unit 30 = 18.6m2

NO

� Balcony sizes: - 10m2 – 1 bedroom unit - 12m2 – 2 bedroom unit - 15m2 – 3 bedroom unit

NB. At least one space >10m2

10m2

12m2

15m2

YES YES YES

� primary outdoor space has a minimum dimension of 2.4m

>2.4m YES

Part 4.7 Social dimensions: Visitable units (min): 70% >70% YES Housing mix: Mix of sizes and types Mix of 1, 2 and 3

bedroom units YES

Part 4.8 Resource, energy and water efficiency: Energy efficiency: BASIX Certificate required BASIX Certificate

provided YES

Part 5 Parking and vehicular access: Car parking (min): 71 resident spaces 18 visitor spaces 89 total spaces

78 spaces 18 spaces 96 spaces

YES YES YES

Part 3 Local context:

Development adjacent to a heritage item:

As previously discussed by Council’s Heritage Advisor, the proposed setbacks from the adjoining heritage item at No.3 Killara Avenue are satisfactory with regard to the objectives of the heritage setback requirements, despite numerical non-compliance. The Killara Avenue elevation of Block A is three storeys in height, with the top of the parapet being below the ridge of the heritage item and the façade being designed with the ground floor set down below the footpath level so that the overall height and scale relates to the two storey height of the adjoining item. Block A steps down in height at its side boundary with the item and the fourth level is set back 19m from the Killara Avenue façade. Additionally, given that the existing cottage at No 1 Killara is set back approximately 2.5m from the side boundary, there would be an increase in the side setback which would improve the setting of the item from Killara Avenue.

Part 4.3 Setbacks

Proposed Block A almost entirely complies with the 10m-12m front setback control, with the exception of a 600mm encroachment in relation to part of the balconies of Units 15, 17 & 19, which are located above one another. The proposed encroachment is minor and would not have an adverse streetscape impact to the Pacific Highway.




Part 4.4 Built form and articulation:

Building width: The proposed building width fronting the Pacific Highway of 49m in relation to Block A is 13m in excess of the 36m width requirement in Section 4.4 of DCP 55. Block A is 3 storeys in height at the Killara Avenue end of the site, increasing to 5 storeys (4 storeys plus top storey) at its southern end. The building façade is broken up by a 6m wide, 3 storey high sandstone faced wall plane, at the junction of the 3 storey and 5 storey sections. Additionally, the Pacific Highway façade features well modulated vertical wall plans, further reducing the visual impact of the proposed building. The façade and building treatment, in combination with the proposed large endemic tree planting in the front setback area will result in a building with acceptable visual impact, despite non-compliance with the building width control. Part 4.5 Residential amenity: Private courtyard area: The proposed private courtyards predominantly comply with the 25m² area requirement, however, Units 29 and 30 have courtyards of 19.4m2 and 18.6m2, respectively. The area of these two courtyards is limited essentially by their location within the central court area of Block B. These private open space areas will have adequate amenity and are satisfactory despite being below the 25m² requirement, particularly with regard to both units being 2 bedroom units. Section 94 Plan The development attracts a section 94 contribution of $855,198.55, which is required to be paid by Condition No. 39. LIKELY IMPACTS The likely impacts of the development have been considered within this report and are deemed to be acceptable, subject to conditions. SUITABILITY OF THE SITE The site is suitable for the proposed development. ANY SUBMISSIONS All submissions received have been considered in the assessment of this application. Condition Nos. 9, 12, 21, 23, 44, 45, 47, 48, 49, 50 and 57 have been recommended to address the concerns of the objectors. PUBLIC INTEREST The approval of the application is considered be in the public interest.




OTHER CONSIDERATIONS There are no other matters for consideration. CONCLUSION Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory. Therefore, it is recommended that the application be approved. RECOMMENDATION

A. THAT the Ku-ring-gai Planning Panel, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No.1 – Development Standards to the provisions of clause 25I(3) (minimum street frontages) is well founded. The Planning Panel is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case owing to the site constraints and consistency with the underlying objectives of the controls and the non compliance will have no discernable effect on the surrounding area.

B. THAT the Ku-ring-gai Planning Panel, as the consent authority, being satisfied that

the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to DA 0122/08 is consistent with the aims of the Policy, grant development consent to DA0122/08 for demolition of four (4) existing dwellings and construction of two (2) residential flat buildings comprising 69 units and associated basement car parking on land at 1 Killara Avenue and Nos. 469, 473 & 475 Pacific Highway, Killara, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions

CONDITIONS THAT IDENTIFY APPROVED PLANS:

1. Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no. Drawn by Dated 1D/1305 – Revision D Building Environments Pty Ltd 5/9/8 2B/1305 – Revision D Building Environments Pty Ltd 5/9/8 3B/1305 – Revision D Building Environments Pty Ltd 5/9/8 4B/1305 – Revision D Building Environments Pty Ltd 5/9/8 5B/1305 – Revision D Building Environments Pty Ltd 5/9/8 6D/1305 – Revision D Building Environments Pty Ltd 5/9/8 7E/1305 – Revision E Building Environments Pty Ltd 8/10/8 8E/1305 – Revision E Building Environments Pty Ltd 8/10/8 9E/1305 – Revision E Building Environments Pty Ltd 8/10/8 10E/1305 – Revision E Building Environments Pty Ltd 8/10/8 11E/1305 – Revision E Building Environments Pty Ltd 8/10/8




Plan no. Drawn by Dated 12E/1305 – Revision E Building Environments Pty Ltd 8/10/8 13E/1305 – Revision E Building Environments Pty Ltd 8/10/8 14C/1305 – Revision D Building Environments Pty Ltd 5/9/8 15D/1305 – Revision D Building Environments Pty Ltd 5/9/8 20/1305 – Revision D Building Environments Pty Ltd 5/9/8

Reason: To ensure that the development is in accordance with the determination.

2. Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.


3. Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no. Drawn by Dated 1835/TM Sheet 1 and 2 Urban Landscape Planners 4/09/08


CONDITIONS TO BE SATISFIED PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION:

4. Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason: Statutory requirement.

5. Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.


6. Dilapidation survey and report (public infrastructure)

Prior to the commencement of any development or excavation works on site, the




Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:

Public infrastructure

• Full road pavement width, including kerb and gutter, of Killara Avenue and Pacific Highway southbound over the site frontage, including the full intersection.

• All driveway crossings and laybacks opposite the subject site.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

Note: A written acknowledgment from Council must be obtained (attesting to

this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.

Reason: To record the structural condition of public infrastructure before works

commence.

7. Archival recording of buildings

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that an archival report has been submitted to Council’s Heritage Advisor.

The report must consist of an archival standard photographic record of all buildings on the site (internally and externally), gardens and views of the buildings from the street illustrating their relationship to neighbouring properties and the streetscape. Recording shall be undertaken in accordance with the guidelines for “Photographic Recording of Heritage Items Using Film or Digital Capture (2006)” prepared by the New South Wales Heritage Office. Information shall be bound in an A4 report format. It shall include copies of photographs, referenced to plans of the site. Two (2) copies (one (1) copy to include negatives or CD of images shall be submitted to Council's Heritage Advisor. The recording document will be held in the local studies collection of Ku-ring-gai Library, the local historical society and Council’s files.


this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works.




Reason: To ensure the proper management of historical artefacts and to ensure their preservation.

8. Dilapidation photos (public infrastructure)

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:

• The existing footpath • The existing kerb and gutter • The existing full road surface between kerbs • The existing verge area • The existing driveway and layback where to be retained • Any existing drainage infrastructure including pits, lintels, grates.

Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.

Reason: To protect public infrastructure.

9. Dilapidation survey and report (private property)

Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:

Address

• 3 Killara Avenue • tennis court at 2a Treatts Road • 455 Pacific Highway

The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report. In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain




access and advise the affected property owner of the reason for the survey and that these steps have failed.

Note: A copy of the dilapidation report is to be provided to Council prior to any

excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before

works commence.

10. Construction and traffic management plan

Prior to the commencement of any works on site, the applicant must submit for review by Council's engineers a construction and traffic management plan. The following matters must be specifically addressed in the plan:

1. A plan view of the entire site and frontage roadways indicating:

dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways

If access from the Pacific Highway is proposed, then RTA approval to this must be submitted with the TMP

turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site

the locations of proposed work zones in the frontage roadways location of any proposed crane and concrete pump and truck standing areas on

and off the site a dedicated unloading and loading point within the site for all construction

vehicles, plant and deliveries material, plant and spoil bin storage areas within the site, where all materials

are to be dropped off and collected an on-site parking area for employees, tradespersons and construction vehicles

as far as possible

2. Traffic control plan(s) for the site

All traffic control plans must be in accordance with the RTA publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person (minimum ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage. Approval is to be obtained from Council for any temporary road closures or crane use from public property. Applications to Council shall be made a minimum of 4 weeks prior to the activity proposed being undertaken.




3. A detailed description and route map of the proposed route for vehicles involved in spoil removal, material delivery and machine floatage must be provided.

Light traffic roads and those subject to a load or height limit must be avoided where alternate routes exist. A copy of this route is to be made available to all contractors and shall be clearly depicted at a location within the site. The plan must provide evidence of RTA concurrence where construction access is provided directly from or within 20m of an arterial road. The plan must provide a schedule of site inductions to be held on regular occasions and as determined necessary to ensure all new employees are aware of their construction management obligations. These must specify that construction-related vehicles are to comply with the approved requirements. The plan must provide measures for minimising construction related traffic movements during school peak periods. For those construction personnel that drive to the site, the applicant shall attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area. The construction and traffic management plan shall be prepared by a suitably qualified and experienced traffic consultant and be certified by this person as being in accordance with the requirements of the abovementioned documents and the requirements of this condition. The construction management measures contained in the approved plan shall be implemented in accordance with the plan prior to the commencement of, and during, works on-site including excavation.

As the plan has a direct impact on the local road network, the plan shall be submitted to and reviewed by Council’s Development Engineer. Written acknowledgment from Council’s Engineer shall be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

Reason: To ensure that appropriate measures have been considered during all

phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.

11. Work zone

Prior to commencement of works on the site, the applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site.




If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense. In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason: To ensure that appropriate measures have been made for the operation of

the site during the construction phase.

12. Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason: To preserve and enhance the natural environment.

13. Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.

Schedule Tree/location Radius from trunk Quercus robur (English Oak)Tree 8 5m Melaleuca styphelioides (Prickly Paperbark)Tree 12 2m Phoenix canariensis (Canary Island Palm) Tree 25 4m Archontophoenix cunninghamiana(Bangalow Palm) Tree 28

2m

Phoenix canariensis (Canary Island Palm) Tree 36 3m Eucalyptus saligna (Sydney Blue Gum)Tree 37 2m Eucalyptus saligna (Sydney Blue Gum)Tree 40 6m

Reason: To protect existing trees during the construction phase.




14. Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the proposed driveway/building shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site:

Schedule Tree/location Radius from trunk Melaleuca quinquenervia (Broad Leaved Paperbark)Tree 3 4m Liquidambar styraciflua (Liquidambar) Tree 5 6m Eucalyptus pilularis (Blackbutt) Tree 19 6m


15. Tree protective fencing type galvanised mesh

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacings and connected by securely attached chain mesh fencing to a minimum of 1.8 metres in height prior to work commencing.

Reason: To protect existing trees during construction phase.

16. Tree protection signage

Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:

• tree protection zone • this fence has been installed to prevent damage to the trees and their growing

environment both above and below ground and access is restricted • any encroachment not previously approved within the tree protection zone shall

be the subject of an arborist's report • the arborist's report shall provide proof that no other alternative is available • the arborist's report shall be submitted to the Principal Certifying Authority for

further consultation with Council • The name, address, and telephone number of the developer.


17. Tree protection mulching

Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.





18. Tree protection – avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) beneath the area of the canopy spread of the following tree/s is/are installed:

Schedule Tree/Location Melaleuca quinquenervia (Broad Leaved Paperbark)Tree 3 Liquidambar styraciflua (Liquidambar) Tree 5 Melaleuca styphelioides (Prickly Paperbark)Tree 12 Eucalyptus pilularis (Blackbutt) Tree 19 Eucalyptus saligna (Sydney Blue Gum)Tree 37 Eucalyptus saligna (Sydney Blue Gum)Tree 40


19. Tree fencing inspection

Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.


20. Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s DCP 40 – Construction and Demolition Waste Management. The plan shall address all issues identified in DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

Note: The plan shall be provided to the Certifying Authority.

Reason: To ensure appropriate management of construction waste.

21. Noise and vibration management plan

Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to ensure the noise and vibration levels will be compliant with the relevant Australian Standards and Ku-ring-gai Council’s Code for the Control and Regulation of Noise on Building Sites. The report shall be prepared in consultation




with any geotechnical report that itemises equipment to be used for excavation works.

The management plan shall address, but not be limited to, the following matters

• identification of the specific activities that will be carried out and associated

noise sources • identification of all potentially affected sensitive receivers, including residences,

churches, commercial premises, schools and properties containing noise sensitive equipment

• the construction noise objective specified in the conditions of this consent • the construction vibration criteria specified in the conditions of this consent • determination of appropriate noise and vibration objectives for each identified

sensitive receiver • noise and vibration monitoring, reporting and response procedures • assessment of potential noise and vibration from the proposed demolition,

excavation and construction activities, including noise from construction vehicles and any traffic diversions

• description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction

• construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency

• construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency

• procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration

• contingency plans to be implemented in the event of non-compliances and/or noise complaints

• compliance with Council’s Code for the Control and Regulation of Noise on Building Sites

Reason: To protect the amenity afforded to surrounding residents during the

construction process.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE:

22. Consolidation of lots

Prior to issue of the Construction Certificate the Applicant must consolidate the existing Torrens lots which will form the development site. Evidence of lot consolidation, in the form of a plan registered with Land and Property Information, must be submitted for approval of the Principal Certifying Authority prior to issue of the Construction Certificate.

Reason: To ensure continuous structures will not be placed across separate titles.




23. Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved landscape plan, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

Plan no. Drawn by Dated 1835/TM Sheet 1 and 2 Urban Landscape Planners 4/09/08

The above landscape plan(s) shall be amended in the following manner:

• Proposed street tree planting to Pacific Highway of Callistemon ‘Reeves Pink’ is

to be replaced with Stenocarpus sinuatus (Firewheel Tree). • To provide viable planting areas for the proposed indigenous tall tree, shrub

and groundcover plantings, a minimum 3 metres wide planting area is to be provided along the southern boundary to Building B, eastern boundary to Building A and B and northern boundary of Building B. An exception to this is to the north of Unit 24 where a minimum 2 metres wide planting area shall be provided and the turf ramp shall be replaced with a ramped 1 metre wide path of stepping stones or similar.

• Existing tree numbers to be at larger size to ensure legibility

Note: An amended landscape plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.

Reason: To ensure the development is in accordance with the determination.

24. Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.


25. Builder’s indemnity insurance

The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Certifying Authority for endorsement of the plans accompanying the Construction Certificate. It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $12,000. The




builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).


26. External finishes and materials (new building)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the external finishes of the building are consistent with the character of the streetscape. The materials are to be complimentary to the approved architectural appearance of the development. Nothing in this condition is to be construed as permitting the replacement of previously submitted materials with inferior or inadequate materials or finishes.

Note: Details of the colour, finish and substance of all external materials,

including schedules and a sample board of materials and colours, are to be submitted.

Reason: To protect the streetscape and the integrity of the approved development.

27. Outdoor lighting

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Note: Details demonstrating compliance with these requirements are to be

submitted prior to the issue of a Construction Certificate. Reason: To provide high quality external lighting for security without adverse

affects on public amenity from excessive illumination levels.

28. Stormwater management plan

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must include the following detail:

• exact location and reduced level of discharge point to the public drainage

system • Irrelevant details such as “Section 1-1 through below ground OSD” on Sheet

D03 and “typical section 2-2 through water tank” on Sheet D04 are to be removed from the design plans

• Layout of the property drainage system components, including but not limited to (as required) gutters, downpipes, spreaders, pits, swales, kerbs, cut-off and




intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence)

• location(s), dimensions and specifications for the required rainwater storage and reuse tanks and systems and where proprietary products are to be used, manufacturer specifications or equivalent shall be provided

• specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater in accordance with Ku-ring-gai Council Development Control Plan 47 and/or BASIX commitments

• details of the required on-site detention tanks required by Ku-ring-gai Water Management DCP 47, including dimensions, materials, locations, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 of DCP 47 for volume, PSD and design requirements)

• the required basement stormwater pump-out system is to cater for driveway runoff and subsoil drainage (refer appendix 7.1.1 of Development Control Plan 47 for design)

The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Water Management Development Control Plan 47, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia. The plans may be generally based on the Stormwater Drainage Plans by Australian Consulting Engineers submitted with the development application, which are to be advanced as necessary for construction certificate issue purposes.

Reason: To protect the environment.

29. Stormwater retention

Prior to the issue of a Construction Certificate, the Principal Certifying Authority is to be satisfied that:

• A mandatory rainwater retention and re-use system, comprising storage tanks

and ancillary plumbing is provided. The minimum total storage volume of the rainwater tank system, and the prescribed re-use of the water on site must satisfy all relevant BASIX commitments and the requirements specified in Chapter 6 of Ku-ring-gai Water Management Development Control Plan 47; and

• An on-site stormwater detention system must be provided to control the rate of runoff leaving the site. The minimum volume of the required on-site detention system must be determined in accordance with Chapter 6 of the Ku-ring-gai Council Water Management Development Control Plan 47 - having regard to the specified volume concession offered in lieu of installing rainwater retention tanks. The on-site detention system must be designed by a qualified civil/hydraulic engineer and must satisfy the design controls set out in Appendix 5 of DCP 47.





30. Excavation for services

Prior to the issue of the Construction Certificate, the Principal Certifying shall be satisfied that no proposed underground services (ie. water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Note: A plan detailing the routes of these services and trees protected under

the Tree Preservation Order shall be submitted to the Principal Certifying Authority. Reason: To ensure the protection of trees.

31. Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the building is acoustically designed and constructed to meet the requirements of AS 2107 and the Environment Protection Authority’s Guidelines for Acoustic Privacy within Premises.

Note: Plans and specifications of the required acoustic design shall be prepared

by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason: To minimise the impact of noise from the adjoining major road or rail corridor on the occupants of the development.

32. Location of plant (residential flat buildings)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.

C1. Note: Architectural plans identifying the location of all plant and equipment

shall be provided to the Certifying Authority.

Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.

33. Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993. All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings". Specifications are issued with alignment levels after completing the necessary




application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels. The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

Reason: To provide suitable vehicular access without disruption to pedestrian and

vehicular traffic.

34. Driveway grades – basement car parks

Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:

• vehicular access can be obtained using grades of 20% (1 in 5) maximum and • all changes in grade (transitions) comply with Australian Standard 2890.1 –“Off-

street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.

If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.


vehicular traffic.

35. Basement car parking details

Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:

• all parking space dimensions, driveway and aisle widths, driveway grades,

transitions, circulation ramps, blind aisle situations and other trafficked areas




comply with Australian Standard 2890.1 – 2004 “Off-street car parking” • a clear height clearance of 2.5 metres (required under DCP40 for waste

collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement, including beneath OSD tank 2

• no doors or gates are provided in the access driveways to the basement car park which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area

• the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans

Reason: To ensure that parking spaces are in accordance with the approved

development.

36. Car parking allocation

Car parking within the development shall be allocated in the following way:

Resident car spaces 78 Visitor spaces 18 Total spaces 96

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities. At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities. Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason: To ensure equity of access and appropriate facilities are available for

people with disabilities in accordance with federal legislation.

37. Design of works in public road (Roads Act approval)

Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Roads And Traffic Authority and Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Pacific Highway:

• Installation of approximately 52 metres of 375mm diameter pipe to provide

gravity drainage from the site to the downstream drainage pit.

Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The




Construction Certificate must not be issued, and these works must not proceed until Council and RTA have issued a formal written approval under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council and RTA. A minimum of three (3) weeks will be required for the assessment of the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

Reason: To ensure that the plans are suitable for construction purposes.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION (WHICHEVER COMES FIRST):

38. Infrastructure restorations fee

To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:

a) All work or activity taken in furtherance of the development the subject of this

approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b) The applicant, builder, developer or any person acting in reliance on this

approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c) The Infrastructure Restoration Fee must be paid to the Council by the applicant

prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.




d) In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

e) In this condition:

“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and “Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason: To maintain public infrastructure.

39. Section 94 contribution – residential development

A contribution pursuant to section 94 of the Environmental Planning and Assessment Act as specified in Ku-ring-gai Section 94 Contributions Plan 2004-2009 for the services detailed in column A and for the amount detailed in Column B is required.

Column A Column B Community facilities $39,748.11 Park acquisition and embellishment works $554,407.61 Park embellishment works $95,873.98 Sports grounds works $135,651.93 Aquatic / leisure centres $8,030.56 Traffic and transport $11,329.78 Section 94 Plan administration $10,156.57 Total contribution is: $855,198.55

The contribution shall be paid to Council prior to the commencement of any development (including demolition) or prior to the issue of a Construction Certificate (whichever comes first). The charges may vary at the time of payment in accordance with Council’s Section 94 Contributions Plan to reflect changes in land values, construction costs and the consumer price index. Prior to payment, you are advised to check the contribution amount required with Council.

Reason: To ensure the provision, extension or augmentation of community

facilities, recreation facilities, open space and administration that will, or




are likely to be, required as a consequence of the development.

CONDITIONS TO BE SATISFIED DURING THE DEMOLITION, EXCAVATION AND CONSTRUCTION PHASES:

40. Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

• The work must be carried out in accordance with the requirements of the

Building Code of Australia • In the case of residential building work for which the Home Building Act 1989

requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.


41. Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.


42. Engineering fees

For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.


43. Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the




satisfaction of the Principal Certifying Authority prior to the commencement of any works.

Reason: To ensure compliance with the Australian Standards.

44. Demolition, excavation and construction work hours

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12.00pm Saturday. No work and no deliveries are to take place on Sundays and public holidays. Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm. Where it is necessary for works to occur outside of these hours (i.e. concrete pours and standing of plant), approval for such will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note: Failure to obtain a permit for work outside of the approved hours will

result in on the spot fines being issued.

Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.

45. Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.

Reason: To ensure reasonable standards of amenity to neighbouring properties.

46. Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period. The site notice must:

• be prominently displayed at the boundaries of the site for the purposes of

informing the public that unauthorised entry to the site is not permitted • display project details including, but not limited to the details of the builder,

Principal Certifying Authority and structural engineer • be durable and weatherproof • display the approved hours of work, the name of the site/project manager, the

responsible managing company (if any), its address and 24 hour contact phone




number for any inquiries, including construction/noise complaint are to be displayed on the site notice

• be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason: To ensure public safety and public information.

47. Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

• physical barriers shall be erected at right angles to the prevailing wind

direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

• earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

• all materials shall be stored or stockpiled at the best locations • the ground surface should be dampened slightly to prevent dust from becoming

airborne but should not be wet to the extent that run-off occurs • all vehicles carrying spoil or rubble to or from the site shall at all times be

covered to prevent the escape of dust • all equipment wheels shall be washed before exiting the site using manual or

automated sprayers and drive-through washing bays • gates shall be closed between vehicle movements and shall be fitted with shade

cloth • cleaning of footpaths and roadways shall be carried out daily

Reason: To protect the environment and amenity of surrounding properties.

48. Post-construction dilapidation report

The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:

• compare the post-construction dilapidation report with the pre-construction

dilapidation report • have written confirmation from the relevant authority that there is no adverse

structural damage to their infrastructure and roads.

A copy of this report is to be forwarded to Council at the completion of the construction works.




Reason: Management of records.

49. Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Geotechnique. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

• further geotechnical investigations and testing recommended in the above

report(s) and as determined necessary • further monitoring and inspection at the hold points recommended in the above

report(s) and as determined necessary • written report(s) including certification(s) of the geotechnical inspection, testing

and monitoring programs

Reason: To ensure the safety and protection of property.

50. Compliance with submitted geotechnical report

A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.

Geotechnical aspects of the development work, namely:

• appropriate excavation method and vibration control • support and retention of excavated faces • hydro-geological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by Geotechnique. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).


51. Use of road or footpath

During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

Reason: To ensure safety and amenity of the area.




52. Guarding excavations

All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

Reason: To ensure public safety.

53. Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.


54. Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any hoarding, fence or awning is to be removed when the work has been completed.

Reason: To protect public places.

55. Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason: To facilitate recycling of materials.

56. Construction signage

All construction signs must comply with the following requirements:

• are not to cover any mechanical ventilation inlet or outlet vent • are not illuminated, self-illuminated or flashing at any time • are located wholly within a property where construction is being undertaken • refer only to the business(es) undertaking the construction and/or the site at




which the construction is being undertaken • are restricted to one such sign per property • do not exceed 2.5m2 • are removed within 14 days of the completion of all construction works

Reason: To ensure compliance with Council's controls regarding signage.

57. Approval for rock anchors

Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property. If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.

Reason: To ensure the ongoing safety and protection of property.

58. Maintenance period for works in public road

A maintenance period of six (6) months applies to all work in the public road reserve carried out by the applicant - after the works have been completed to the satisfaction of Ku-ring-gai Council. In that maintenance period, the applicant shall be liable for any section of the public infrastructure work which fails to perform in the designed manner, or as would reasonably be expected under the operating conditions. The maintenance period shall commence once the applicant receives a formal letter from Council stating that the works involving public infrastructure have been completed satisfactorily.


59. Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason: To ensure safe public footways and roadways during construction.

60. Road repairs necessitated by excavation and construction works

It is highly likely that damage will be caused to the roadway at or near the subject site as a result of the construction (or demolition or excavation) works. The applicant,




owner and builder (and demolition or excavation contractor as appropriate) will be held responsible for repair of such damage, regardless of the Infrastructure Restorations Fee paid (this fee is to cover wear and tear on Council's wider road network due to heavy vehicle traffic, not actual major damage).

Section 102(1) of the Roads Act states “A person who causes damage to a public road is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.” Council will notify when road repairs are needed, and if they are not carried out within 48 hours, then Council will proceed with the repairs, and will invoice the applicant, owner and relevant contractor for the balance.


61. Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.

Reason: Provision of utility services.

62. Temporary rock anchors

If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993. The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted. The designs are to include details of the following:

• How the temporary rock anchors will be left in a way that they will not harm or

interfere with any future excavation in the public road • That the locations of the rock anchors are registered with Dial Before You Dig • That approval of all utility authorities likely to use the public road has been

obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference.

• That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road.

• That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations




on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.

Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves. All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.

Reason: To ensure the ongoing safety and protection of property.

63. Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason: To protect the environment from erosion and sedimentation.

64. Drainage to street

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the street drainage system. New drainage line connections to the street drainage system shall conform and comply with the requirements of Sections 5.3 and 5.4 of Ku-ring-gai Water Management Development Control Plan No. 47.


65. Grated drain at garage

A 200mm wide grated channel/trench drain, with a heavy-duty removable galvanised grate is to be provided in front of the garage door/basement parking slab to collect driveway runoff. The channel drain shall be connected to the main drainage system and must have an outlet of minimum diameter 150mm to prevent blockage by silt and debris.

Reason: Stormwater control.

66. Sydney Water Section 73 Compliance Certificate

The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing Co-ordinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-




ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.


67. Arborist’s report

The trees to be retained shall be inspected, monitored and treated by a qualified arborist during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the arborist to the Principal Certifying Authority are required at the following times or phases of work:

Schedule Tree/location Time of inspection Melaleuca quinquenervia (Broad Leaved Paperbark) Tree 3

Excavation for driveway, excavation for stormwater pipes and pits

Liquidambar styraciflua (Liquidambar) Tree 5 Excavation for upper 750mm of basement, erection of boundary fence

Quercus robur (English Oak)Tree 8 Excavation for upper 750mm of basement and private courtyard, erection of boundary fence

Eucalyptus pilularis (Blackbutt) Tree 19

Removal of swimming pool and backfilling with suitable soil material. Excavation for upper 750mm of basement

Phoenix canariensis (Canary Island Palm) Tree 25

Erection of boundary fence

Archontophoenix cunninghamiana(Bangalow Palm) Tree 28

Erection of boundary fence

Eucalyptus saligna (Sydney Blue Gum)Tree 40 Excavation for upper 750mm of basement

Reason: To ensure protection of existing trees.

68. Trees on nature strip

Removal/pruning of the following tree/s from Council's nature strip to permit vehicular access shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist holding public liability insurance amounting to a minimum cover of $10,000,000.

Schedule Tree/location Brachychiton populneus (Kurrajong Tree) Tree 2, Killara Avenue





69. Canopy and/or root pruning

Canopy and/or root pruning of the following tree(s) which is necessary to accommodate the approved building works shall be undertaken by an experienced an AQF level 3 Arborist and in accordance with the reduction pruning clause of AS4373-2007. All other branches are to be tied back and protected during construction, under the supervision of a qualified arborist.

Schedule Tree/location Tree works Melaleuca quinquenervia (Broad Leaved Paperbark) Tree 3

Minor root pruning

Liquidambar styraciflua (Liquidambar) Tree 5 Minor canopy pruning in accordance with AS4373-2007 Pruning of Amenity Trees


70. Treatment of tree roots

If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced arborist/horticulturist with a minimum qualification of horticulture certificate or tree surgery certificate

Reason: To protect existing trees.

71. Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk(s) of the following, tree(s) shall be severed or injured in the process of any works during the construction period.

Schedule Tree/location Radius from trunk Quercus robur (English Oak)Tree 8 5m Melaleuca styphelioides (Prickly Paperbark)Tree 12 7m Phoenix canariensis (Canary Island Palm) Tree 25 4m Archontophoenix cunninghamiana(Bangalow Palm) Tree 28

2m

Phoenix canariensis (Canary Island Palm) Tree 36 3m Eucalyptus saligna (Sydney Blue Gum)Tree 37 4m Eucalyptus saligna (Sydney Blue Gum)Tree 40 10m


72. Approved tree works

Approval is given for the following works to be undertaken to trees on the site. Tree numbers refer to arborist report prepared by Urban Landscape Planners, dated 30/01/08.




Schedule Tree location Approved tree worksCrataegus sp. (Hawthorn) Tree 1 Removal Small Tree Tree 4 Removal Eucalyptus nicholii (Small Leaved Peppermint) Tree 7

Removal

Grevillea robusta (Silky Oak) Tree 9 Removal Jacaranda mimosifolia (Jacaranda)Tree 11 Removal Arecastrum romanzoffianum (Queen Palm)Tree 13 Removal Arecastrum romanzoffianum (Queen Palm)Tree 14 Removal Archontophoenix cunninghamiana(Bangalow Palm) Tree 16

Removal


Removal


Removal

Magnolia x soulangiana (Magnolia) Tree 21 Removal Rhododendron sp. (Broad leaf Rhododendron) Tree 22

Removal

Jacaranda mimosifolia (Jacaranda)Tree 23 Removal Cedrus deodara (Himalayan Cedar) Tree 24 Removal Lagerstroemia indica (Crepe Myrtle) Tree 26 Removal Thuja sp. (Arborvitae) Tree 30 Removal Lagerstroemia indica (Crepe Myrtle) Tree 35 Removal Tibouchina semidecandra(Glory Bush) Tree 38 Removal Cotoneaster parneyi (Cotoneaster)Tree 39 Removal

Removal or pruning of any other tree on the site is not approved.


73. Excavation near trees

No mechanical excavation shall be undertaken within the specified radius of the trunk(s) of the following tree(s) until root pruning by hand along the perimeter line of such works is completed:

Schedule Tree/location Radius from trunk Melaleuca quinquenervia (Broad Leaved Paperbark)Tree 3 4m Liquidambar styraciflua (Liquidambar) Tree 5 6m Eucalyptus pilularis (Blackbutt) Tree 19 6m Phoenix canariensis (Canary Island Palm) Tree 25 4m Eucalyptus saligna (Sydney Blue Gum)Tree 40 10m


74. Hand excavation

All excavation within the specified radius of the trunk(s) of the following tree(s) shall




be hand dug:

Schedule Tree/location Radius from trunk Melaleuca quinquenervia (Broad Leaved Paperbark)Tree 3 4m Liquidambar styraciflua (Liquidambar) Tree 5 6m Quercus robur (English Oak)Tree 8 5m Melaleuca styphelioides (Prickly Paperbark)Tree 12 7m Eucalyptus pilularis (Blackbutt) Tree 19 6m Phoenix canariensis (Canary Island Palm) Tree 25 4m Archontophoenix cunninghamiana(Bangalow Palm) Tree 28 2m Phoenix canariensis (Canary Island Palm) Tree 36 3m Eucalyptus saligna (Sydney Blue Gum)Tree 37 4m Eucalyptus saligna (Sydney Blue Gum)Tree 40 10m


75. No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.


76. Tree planting on nature strip

The following tree species shall be planted, at no cost to Council, in the nature strip fronting the property along Coonanbarra Road. The tree(s) used shall be a minimum 25 litres container size specimen(s):

Schedule Tree/ species Quantity Location Stenocarpus sinuatus (Firewheel Tree) 1 Killara Avenue

Reason: To provide appropriate landscaping within the streetscape.

77. Tree removal on nature strip

Following removal of the Brachychiton populneus (Kurrajong Tree) Tree 2, Killara Avenue from Council's nature strip, the nature strip shall be rehabilitated to the satisfaction of Council’s Landscape Assessment Officer at no cost to Council.

Reason: To protect the streetscape.

78. Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.





79. Canopy replenishment trees to be planted

The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species

Reason: To maintain the treed character of the area.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE:

80. Easement for waste collection

Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919. This is to permit legal access for Council, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.

Reason: To permit legal access for Council, Council’s contractors and their

vehicles over the subject site for waste collection.

81. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in the relevant BASIX Certificate have been complied with.


82. Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

Reason: To ensure that the landscape works are consistent with the development

consent.

83. Accessibility

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that:

• the lift design and associated functions are compliant with AS 1735.12 & AS

1428.2




• the level and direction of travel, both in lifts and lift lobbies, is audible and visible

• the controls for lifts are accessible to all persons and control buttons and lettering are raised

• international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2

• the height of lettering on signage is in accordance with AS 1428.1 – 1993 • the signs and other information indicating access and services incorporate

tactile communication methods in addition to the visual methods

Reason: Disabled access & services.

84. Provision of copy of OSD designs if Council is not the PCA

Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

• a copy of the approved Construction Certificate stormwater detention/retention

design for the site • A copy of any works-as-executed drawings required by this consent • The Engineer’s certification of the as-built system.

Reason: For Council to maintain its database of as-constructed on-site

stormwater detention systems.

85. Certification of drainage works (dual occupancies and above)

Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

• the stormwater drainage works have been satisfactorily completed in

accordance with the approved Construction Certificate drainage plans • the minimum retention and on-site detention storage volume requirements of

BASIX and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved

• retained water is connected and available for use • basement and subsoil areas are able to drain via a pump/sump system installed

in accordance with AS3500.3 and Appendix 7.1.1 of Ku-ring-gai Water Management Development Control Plan No. 47

• all grates potentially accessible by children are secured • components of the new drainage system have been installed by a licensed

plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia

• all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices

The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-




site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.

Note: Evidence from a qualified and experienced consulting civil/hydraulic

engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.


86. WAE plans for stormwater management and disposal (dual occupancy and

above)

Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:

• as built (reduced) surface and invert levels for all drainage pits • gradients of drainage lines, materials and dimensions • as built (reduced) level(s) at the approved point of discharge to the public

drainage system • as built location and internal dimensions of all detention and retention

structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site

• the achieved storage volumes of the installed retention and detention storages and derivative calculations

• as built locations of all access pits and grates in the detention and retention system(s), including dimensions

• the size of the orifice or control fitted to any on-site detention system • dimensions of the discharge control pit and access grates • the maximum depth of storage possible over the outlet control • top water levels of storage areas and indicative RL’s through the overland flow

path in the event of blockage of the on-site detention system

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.


87. Basement pump-out maintenance

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a maintenance regime has been prepared for the basement stormwater pump-out system.

Note: A maintenance regime specifying that the system is to be regularly

inspected and checked by qualified practitioners is to be prepared by a




suitable qualified professional and provided to the Principal Certifying Authority.


88. OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Council Water Management DCP 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms. Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.



Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority


90. Certification of as-constructed driveway/car park – RFB

Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

• the as-constructed car park complies with the approved Construction

Certificate plans • the completed vehicle access and accommodation arrangements comply with

Australian Standard 2890.1 – 2004 “Off-Street car parking" in terms of minimum parking space dimensions

• finished driveway gradients and transitions will not result in the scraping of the underside of cars

• no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area




• the vehicular headroom requirements of:

- Australian Standard 2890.1 – “Off-street car parking”, - 2.5 metres height clearance for waste collection trucks (refer DCP 40) are

met from the public street into and within the applicable areas of the basement car park.

Note: Evidence from a suitably qualified and experienced traffic/civil engineer

indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Reason: To ensure that vehicular access and accommodation areas are compliant

with the consent.

91. Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that the following works in the road reserve have been completed:

• new concrete driveway crossing in accordance with levels and specifications

issued by Council • removal of all redundant driveway crossings and kerb laybacks (or sections

thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials)

• full repair and resealing of any road surface damaged during construction • full replacement of damaged sections of grass verge with a non-friable turf of

native variety to match existing

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.


92. Construction of works in public road – approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council/ RTA Roads Act approval and accompanying drawings, conditions and specifications. The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council and the Roads and Traffic Authority.




The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council/ RTA approved stamped drawings. The works must be subject to inspections by Council and/or RTA at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.

Reason: To ensure that works undertaken in the road reserve are to the

satisfaction of Council and RTA.

CONDITIONS TO BE SATISFIED AT ALL TIMES:

93. No door restricting internal waste collection in basement

At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.

Reason: To facilitate access to the garbage collection point.

94. Noise control – plant and machinery

All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.

Reason: To protect the amenity of surrounding residents.

G Youhanna Executive Assessment Officer

S Segall Team Leader Development Assessment – North






Attachments: Locality map – 2008/020239

Zoning extract - 2008/020239 Shadow diagrams - 2008/020241 Floor plans - 2008/020242, 2008/020244 Elevations - 2008/020246 Landscape plan - 2008/020247 Survey plan - 2008/020253

Ku-ring-gai Planning Panel - 12 November 2008 3 / 1 2 Wolseley Road, LindfieldItem 3 DA0468/08 15 October 2008

N:\081112-KPP-PR-00352-2 WOLSELEY ROAD LINDFIELD.doc/reveleigh/1


SUMMARY SHEET

REPORT TITLE: 2 WOLSELEY ROAD, LINDFIELD - DEMOLITION OF THREE EXISTING DWELLINGS AND CONSTRUCTION OF A RESIDENTIAL FLAT BUILDING COMPRISING 18 UNITS, BASEMENT CAR PARKING AND ASSOCIATED LANDSCAPING WORKS

WARD: Roseville DEVELOPMENT APPLICATION NO: 0468/08

SUBJECT LAND: 2 Wolseley Road, Lindfield

APPLICANT: Dugald Mackenzie & Associates

OWNER: C S Ferraris Pty Limited DESIGNER: Mackenzie Architects

PRESENT USE: Residential

ZONING: Residential 2(d3)

HERITAGE: No


COUNCIL'S POLICIES APPLICABLE: KPSO - LEP 194, DCP 31 - Access, DCP 40 - Waste Management, DCP 43 - Car Parking, DCP 47 - Water Management, DCP 55 - Multi-unit housing, DCP 56 - Notification, Draft LEP (Town Centres)

COMPLIANCE WITH CODES/POLICIES: YES

GOVERNMENT POLICIES APPLICABLE: SEPP 6 – No. of storeys in a building, SEPP 55 – Remediation of land, SEPP 65 – Design quality of residential flat development, SEPP (Sydney Harbour Catchment) 2005, SEPP (Basix)

COMPLIANCE WITH GOVERNMENT POLICIES:

YES

DATE LODGED: 22 May 2008

40 DAY PERIOD EXPIRED: 1 July 2008

PROPOSAL: Demolition of two dwellings & medical centre, construction of a residential flat building comprising 18 units, basement car parking and associated landscaping works

RECOMMENDATION: Approval.



DEVELOPMENT APPLICATION NO 0468/08 PREMISES: 2 - 6 WOLSELEY ROAD, LINDFIELD PROPOSAL: DEMOLITION OF TWO DWELLINGS &

MEIDCAL CENTRE, CONSTRUCTION OF A RESIDENTIAL FLAT BUILDING COMPRISING 18 UNITS, BASEMENT CAR PARKING AND ASSOCIATED LANDSCAPING WORKS

APPLICANT: DUGALD MACKENZIE & ASSOCIATES OWNER: C S FERRARIS PTY LIMITED DESIGNER MACKENZIE ARCHITECTS PURPOSE FOR REPORT To determine development application No.0468/08, which seeks consent for demolition of three existing dwellings and construction of a residential flat building comprising 18 units, basement car parking and associated landscaping works. EXECUTIVE SUMMARY Issues:

Building separation, privacy and residential amenity

Submissions:

Original application: 3 submissions Amended application: 5 submissions

Land & Environment Court Appeal:

No

Recommendation: Approval HISTORY Site history: The site was previously zoned ‘Residential 2(c)’ under the KPSO. On 28 May 2004, Local Environmental Plan 194 was gazetted, rezoning the site to Residential 2(d3) which permits five storey residential flat development. Development application history:

Development Application 687/06 12 October 2006 Council refused (under delegated authority) DA0687/06 for demolition of 3

dwellings and construction of a residential flat building comprising 22 units and basement car parking for 22 vehicles and 5 visitor spaces at 2-6 Wolseley Road, Lindfield. Reasons of refusal included inadequate information, deep soil non-compliance, inadequate car parking, excessive bulk and scale of the building, inadequate setbacks, residential amenity impacts and failure to satisfy manageable housing requirements.



The current application 22 May 2008 DA0468/08 lodged.

6 June 2008 Notification commenced, 3 submissions received.

30 July 2008 Council officers sent a preliminary assessment letter to the applicant. Issues

raised included site coverage and font setback non-compliances, deep soil calculation and compliance diagram inaccurate, FSR calculation inaccurate, inadequate information regarding solar access, inaccurate plans regarding floor-to-ceiling height, discrepancies regarding elevation architectural detail, poor residential amenity associated with Units 3 and 9, inadequate storage, poor building design to the front south-eastern corner and absence of a design verification statement.

25 August 2008 Applicant lodges amended plans and additional information.

28 August 2008 Notification of amended application commenced.

29 September & 8 October 2008

Applicant lodges solar access modelling information.

13 October 2008 Applicant lodges amended plans and additional information including floor plan changes required to address solar access.

THE SITE AND SURROUNDING AREA The site Zoning: Residential 2(d3) Visual Character Study Category: 1920 - 1945 Lot & DP Number: Lot 1 and 2 in DP781752 (2-4 Wolseley Road) & Lot 1 in

DP168308 (6 Wolseley Road) Area: 1839.54m2 Heritage Affected: No Within the vicinity of a heritage item: 386 – 390 Pacific Highway, 21 Lindfield Avenue, 1 and 6

Highfield Road Integrated Development: No Bush Fire Prone Land: No Endangered Species: Blue Gum High Forest (no impact) Urban Bushland: No SITE DESCRIPTION The site comprises 3 lots and is located on the north-western corner of Wolseley Road and Pacific Highway, Lindfield. The site is rectangular in shape, with an eastern frontage of 45.72 metres to Wolseley Road and a southern frontage of 40.235 metres to Pacific Highway. The total area of the



site is 1839.54m2. The site has a cross fall from the south-western corner (RL98.67) to the north-eastern corner (RL94.50) at an average gradient of 6.7% (gently sloping). No 2 Wolseley Road (located on the corner of Wolseley Road and Pacific Highway) contains a single storey building used as a medical centre. No.4 and No.6 Wolseley Road each contain a single storey dwelling house. SURROUNDING DEVELOPMENT Surrounding development to the east and south of the site includes commercial and retail development (Lindfield Town Centre). Residential development is located to the west and north of the site. The Northern Railway Line is located further to the north of the site. THE PROPOSAL The proposed development is as follows: • Demolition of the existing medical centre and 2 residential dwellings • Erection of a 4 storey residential flat building accommodating 4 x 1 bedroom, 12 x 2 bedroom

and 2 x 3 bedroom units (18 units in total) • Two levels of basement car parking accommodating:

- 21 residential car parking spaces, including 2 residential disabled spaces - 5 visitor car parking spaces, including 1 visitor disabled space - 1 removalist parking/wash bay - Garbage storage area for 19 x 240L bins - Bicycle parking for 6 bicycles - Residential storage

• Vehicular access to the basement is provided via a driveway ramp to the north-east corner of

the site with access from Wolseley Road. Pedestrian access is provided via an entrance portico to the centre of the Wolseley Road frontage.

• Landscaping works includes the removal of all existing trees on site and re-landscaping of the

site. CONSULTATION - COMMUNITY In accordance with Development Control Plan No. 56, owners of surrounding properties were given notice of the original application. In response, submissions from the following were received:

1. Amanda Swann, 8 Wolseley Road, Lindfield. 2. Joel & Belinda Williams, 10 Wolseley Road, Lindfield 3. Larry Noble, 14 Wolseley Road, Lindfield.

On 28 August 2008, owners of surrounding properties and all persons who made a submission to the original application were given notice of the amended application. In response, submissions from the following were received:



1. Amanda Swann, 8 Wolseley Road, Lindfield. 2. Joel & Belinda Williams, 10 Wolseley Road, Lindfield 3. Larry Noble, 14 Wolseley Road, Lindfield. 4. Patricia Bongiorno, 365 Pacific Highway, Lindfield 5. WH & N Oliver, 12 Wolseley Road, Lindfield

The submissions to the original and amended proposals raised the following issues: excessive size, bulk and scale, excessive FSR, out-of-character with surrounding development The development complies with the KPSO and DCP55 build form controls, including the zone interface control which applies to the adjoining Residential 2(c) zone located to the north and west of the site. The proposed 4 storey building is permitted within the Residential 2(d3) zone.

traffic, access and safety

Council’s Team Leader Development Engineers has raised no objection to proposal in relation to traffic, access and safety, subject to conditions.

loss of privacy to adjoining residential development

The proposal complies with the zone interface controls to the north and west of the site. Screen planting has been provided to the respective boundaries of the site.

loss of trees

Landscaping works include the removal of all existing trees on site and re-landscaping of the site. No objections have been raised by Council’s Landscape Officer in relation to on-site landscape works. Removal of all trees within the road reserve is not supported. Removal of trees of poor health and decline is supported, however, replacement tree planting is recommended.

overshadowing of adjoining development

The development allows for a minimum of 3 hours of solar access to adjoining residential development. The proposal complies with the solar access requirements under C-6, Section 4.5.1 (solar access) under DCP55.

inadequate setbacks

The development complies with the front, side and zone interface set back requirements under the KPSO and DCP55.

impact on heritage items surrounding the site

Council’s Heritage Advisor has advised that impact on surrounding heritage items is minimal and no objection is raised to the development in this regard.

non-compliance with car parking requirements under DCP43

The car parking provisions under DCP43 do not apply to residential flat development lodged under Part 3A of the KPSO. The proposal complies with the car parking requirements under Clause 25J (Car parking) of the KPSO.



height of the basement above ground level and excessive height of the building excessive cut and fill The development complies with the maximum number of storeys and height requirements under Clauses 25I(5),(8) and (9) of the KSPO and the degree of excavation is commensurate with this type of development. building design and materials are not high quality Council’s Urban Design Consultant has advised that the overall design and materials and finishes of the building are now satisfactory. proposed development will negate any opportunity for stepping down to R3 Medium Density zone under Council’s Town Centres DLEP. Residential development to the north and west of the site is zoned R3 Medium Density Residential under the Town Centres DLEP, which has a reduced height and density control when compared to the subject site (zoned R4 High Density Residential). The development of the site satisfactorily responds to its zoning under the Town Centres DLEP. Future redevelopment of land to the north and west of the site would be subject to separate controls associated with its R3 zoning. The proposed development does not negate future development opportunity for adjoining sites. CONSULTATION - WITHIN COUNCIL Urban design Council’s Urban Design Consultant, Russell Olsson, commented on the proposal as follows:

1.0 Design Review Principle 1: Context SEPP65: Good design responds and contributes to its context…Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design polices. Comment: The proposed site is located on the north-western corner of the intersection of Wolseley Road with the Pacific Highway at Lindfield and is within walking distance to Lindfield Railway Station.

The built form context is comprised of – • on the proposed site, three single storey detached residential dwellings fronting

Wolseley Road • to the north, a residential dwelling • to the south, a one and two storey commercial development zoned 3(a)



• to the east, a two and three storey commercial building zoned 3(a) The proposal should relate to the adjoining commercial land use. The proposal should respond to the difference characters of the Pacific Highway and Wolseley Road. The existing scale of housing and zoning to the north and west of the site creates the need for a transition of scale and building setback as required in the KPSO. The site contains a number of significant trees that will be retained to maintain the established landscape character of the immediate area. Principle 2: Scale SEPP65: Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and surrounding buildings. Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area. Comment: The scale of the proposed building is acceptable, as it complies with the height controls in the KPSO. Principle 3: Built form SEPP65: Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements… Comment: The zone interface setback complies with the minimum of 9 metres to the third and fourth storeys. The side and rear setbacks comply. The subject site is a corner site and the setbacks comply with both street frontages. Building separation is in the range of approximately 7.5 - 11 metres from adjoining neighbouring dwellings. The proposal is non-compliant in some respects of the control but the Statement of Environmental Effects prepared by Chapman Planning, contains justification to seek variance from the visual privacy and building separation control and from a SEPP65 design assessment is deemed acceptable. Principle 4: Density SEPP65: Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).



Comment: The site coverage is 34.9%, which is in compliance with the KPSO. The 4th level occupies approximately 60% of the floor area of the lower floors. Council’s planners are requested to check the compliance areas. In terms of density, there are as follows: • 4 x 1 bedroom units • 12 x 2 bedroom units • 2 x 3 bedroom units The density is acceptable. Principle 5: Resource, energy and water efficiency SEPP65: Sustainability is integral to the design process. Aspects include…layouts and built form, passive solar design principles…soil zones for vegetation and reuse of water. Comment: More than 70% (minimum recommended in the Residential Flat Design Code) of living rooms/balconies in the apartments will receive greater than 3 hours sunlight between 9am and 3pm in mid-winter. There are no south-facing apartments. More than 25% (minimum recommended in the Residential Flat Design Code) of all the kitchens are located on external walls. More than 60% (minimum recommended in the Residential Flat Design Code) of apartments are naturally ventilated. The development has a deep soil landscaping area of approximately 50%. Principle 6: Landscape SEPP65: Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain. Comment: The landscape design is acceptable. Principle 7: Amenity SEPP65: Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space,



efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility. Comment: As indicated in section A-A and B-B, the bedrooms to Unit 14 and Unit 15 are under the minimum floor to ceiling height of 2.7 metres. It cannot be confirmed whether other bedrooms are under the minimum 2.7 metres as there are only two sections provided. It is recommended that the proposed ceiling heights for all rooms are checked and that a minimum height of 2.7 metres is achieved in all habitable rooms. The wardrobes of the master bedrooms to Unit 3 and Unit 9 are too small and inadequate and are required to be larger to be a useful wardrobe and provide satisfactory amenity. It is recommended that dedicated lock up storage areas are provided to each unit within the storage areas of the basement levels so that each unit satisfies the minimum requirement of storage space that is required. Some of the units are below the 50% storage space required within the units. Other than the above comments, the amenity and layout of the units is acceptable. Principle 8: Safety and Security SEPP65: Good design optimises safety and security, both internal to the development and for the public domain. This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired future activities, and clear definition between public and private spaces. Comment: There are no perceived safety and security issues. Principle 9: Social Dimensions SEPP65: Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities. New development should optimise the provisions of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community. Comment: The mix of apartments is acceptable. Principle 10: Aesthetics SEPP65: Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape, or, in precincts undergoing transition, contribute to the desired future character of the area.



Comment: The drawing and coloured elevations in particular the eastern and southern elevations that face Wolseley Road and Pacific Highway and floor plans have discrepancies and contradicting elements drawn. For example, some of the windows shown in plan are individual window units but in the elevations and the perspective they are represented as a row of connected windows. The architect should resolve these matters in order to get a clear understanding of the finished elevations in colour and on plan. From a SEPP No.65 design assessment point of view, the architect has emphasised the corner site by protruding Unit 6, 12 and 16 towards the south-eastern corner (Pacific Highway and Wolseley Road) with fc cladding finish, which is a positive solution, but the top floor (penthouse level) is poorly designed and is weaker in this sense. A recommendation is for Bedroom 2 of Unit 18 (penthouse level) to be shifted towards the corner (to the east) to continue the prominent corner protrusion as emphasised by the lower 3 levels (Unit 6, 12 and 18). Making this modification will make the corner a stronger feature and further prominence when viewed from the Wolseley Road and Pacific Highway. The range of materials and finishes used, such as timber cladding, fc cladding, render, butterfly roof forms and fixed blades etc. is a positive step in enhancing the future character of the streetscape and context. Other than the above comments, the aesthetics of the proposal is acceptable. Conclusion and recommendations It is recommended that: • Habitable rooms have a minimum floor to ceiling height of 2.7 metres • The wardrobes of the master bedrooms to Units 3 and 9 are enlarged • The minimum amount of storage space is provided for each unit and clearly indicated in

the unit and corresponding to the unit basement level • The discrepancies and contradictions of the elevations and floor plans are resolved, so

that there is a clear understanding of the final elevations and 3D perspectives • Bedroom 2 in Unit 18 is modified to further emphasise the subject site’s corner with the

units of lower levels on the south east corner. Council’s Urban Design Consultant has advised that the amendments to the front south-east corner address the initial design concerns raised above. In addition, the amended plans also address floor-to-ceiling height requirements, storage, and discrepancies identified with the original plans. Heritage Council's Heritage Advisor, Paul Dignam, commented on the proposal as follows:



Heritage status The site is not identified as having heritage significance and is not located in a National Trust UCA. There are several heritage items in the area but none adjoining. The site is located in an area recommend as a special character area “Wolseley Road” for the consistency and intact grouping of Inter War bungalows which appear to have been developed at a similar time following subdivision of the land in 1911. Nearby heritage items The site is within the vicinity of several heritage items including the following: 386 – 390 Pacific Highway 21 Lindfield Avenue 1 Highfield Road 6 Highfield Road Clause 61 E of the KPSO requires consideration of the impacts from development on heritage items within the vicinity of any nearby items. Clause 25 D of the KPSO requires the applicant to submit a heritage impact statement to address any potential impacts on the heritage significance of the nearby heritage items as a result of the proposed development. The applicant has not submitted a heritage impact statement to address heritage issues. Nearby items Nos.386 – 390 Pacific Highway, is a group of commercial shop buildings. No 386 Pacific Highway is a one storey Art Deco building and 388-390 Pacific Highway is a Tudor style two storey building. The location of these buildings on the Pacific Highway provides reasonable separation from the development site. The other nearby items are further removed from the subject site and it is unlikely that the development would have adverse impacts on them. Demolition of existing houses The existing buildings are all reasonable examples of Inter War brick cottages and are similar to other Inter War houses in Wolseley Road. However, these houses are physically separated from the other houses grouped around the southern end of Wolseley Road and separated by a road reserve. The condition and intactness of these houses is not as good as the remainder of the group. Given rezoning of the site, demolition is acceptable, but photographic archival recording is required before any works on site commence. DCP 55 Council has prepared specific design objectives and design controls to assist applicants in preparing applications for medium density development within the vicinity of heritage items. Chapter 3.5 of DCP 55 applies



Design Controls for development within the vicinity of a heritage item C – 1 Setbacks. Minimum setback is 10 m from any building on the site of the heritage

item for the ground and first floor increasing to 15m for the second and third floors.

Comment: The nearby heritage items are separated from the site and this control is not

applicable C- 2 Screen plantings on the development site should achieve adequate screening

from the adjoining item. Comment : Substantial screen planting is achieved that would assist in screening the

development from the nearby items. C – 3 Respect aesthetic character of nearby heritage items. Comment : The proposed development is contemporary in style and, in my opinion, would not

affect the heritage significance of the nearby items. C – 4 Colours should be complimentary to heritage items Comment: The colours are recessive and considered satisfactory. C – 6 Heritage impact statement to discuss impacts on the item including its garden

and setting Comment: The applicant has not submitted a heritage impact statement. Comments The nearby heritage items are relatively distant from the site. The closest item is a commercial building on the opposite side of the Pacific Highway and located further to the south. This site is orientated more to the commercial strip of development along the Pacific Highway than the residential houses in the area. As shown in the drawings, the proposed building is rectangular in shape and has highly articulated street elevations. The surface finish is a mix of banded painted render, FC panels and timber cladding. Further visual variety and articulation is achieved by sliding aluminium louvers glass balustrades and steel awnings. The colours are generally recessive, with a mix of textures and are considered satisfactory. It is considered that the proposed development would have minor impacts on the nearby heritage items and, given rezoning of the site, is acceptable. Impacts on the streetscape of Wolseley Road would be minimal due to the separation of this site by a road reserve. The more intact portion of Wolseley Road would be largely retained. Conclusions Demolition of the existing houses is acceptable, provided archival photographic recording is undertaken before any works commence.



The scheme is considered to be a reasonable response to the site, the rezoning and desired future character of the area. It is concluded that heritage impacts on the nearby items would be minimal and acceptable. The application is supported, subject to a condition requiring archival photographic recording of all three properties to archival standards.

Landscaping Council's Landscape and Tree Assessment Officer, Geoff Bird, commented on the proposal as follows:

Site characteristics The site is characterised by an open established landscape setting with mature trees and shrubs. The site is dominated by numerous trees located within the Wolseley Rd nature strip. Tree & vegetation removal & impacts The development proposes the removal of all existing trees and vegetation on site and the removal of numerous trees on Council’s nature strip. While Landscape Services raises no objections to the removal of existing trees located on site, the removal of all the nominated trees within Council’s nature strip cannot be supported. It will be conditioned for some of the existing nature strip trees to be retained, while others will be given consent for removal subject to adequate tree replenishment being undertaken. The most visually significant trees proposed for removal include, two Jacarandas located adjacent to the western/rear site boundary. Landscape Services concurs with the applicant’s consulting Arborist about the health and condition of the trees and their state of decline and ongoing viability. Subject to adequate tree replenishment being undertaken adjacent to the western site boundary for resident and neighbour amenity, no objections are raised to their removal. Landscape plan/tree replenishment The proposed landscape works for the site include grassed private courtyards for each ground floor unit without external access. This is an impractical design outcome and will only result in the small grassed areas becoming paved. It will be conditioned for either the grassed areas to be planted with appropriate species or for external access gates to be included within the courtyard fences. It will also be conditioned that the proposed grassed area within the courtyard of Unit 6, below the balcony above, to be hard paved as it is impractical for the grass to grow in this location. This will not impact upon the deep soil as the area is excluded from the deep soil calculations. Subject to the above and other minor changes which can be conditioned, the landscape plan can be supported. Deep soil By the applicant’s calculations, the proposed development will have a deep soil landscape area of 993.45sqm or 54.01% of the site area.



Landscape Services is not in agreement with the areas included within the deep soil calculable area. The areas in dispute include: • The private courtyard for Unit 6 (less than 2.0m wide beyond the balcony overhang)

approximately 11.9sqm. However, it is agreed that even with the exclusion of this courtyard area the proposed development would still comply with the minimum 50% deep soil landscape area as defined by LEP194. BASIX Commitments for low water use/indigenous planting have been made within the BASIX certificate. They include; 356.37sqm of common areas, 4.1sqm for Unit 1 4.9sqm for Unit 3 and 5.3sqm for Unit 5. By the applicant’s calculations the common landscape area has a low water use/indigenous planting area of 701.2sqm. While Landscape Services does not agree with all the areas included within the low water use/endemic planting area, due to the mixing of low water use and moderate/high water use plantings, Landscape Services is in agreement that the application is in compliance with the BASIX commitments made. Stormwater plan The Stormwater Plan is supported by Landscape Services. CONCLUSION Subject to conditions the application can be supported by Landscape Services.

An amended deep soil compliance diagram has been submitted which demonstrates compliance with the deep soil definition requirements under Clause 25B and Clause 25I(2) of the KPSO. Engineering Council's Senior Development Engineer, Ross Guerrera, commented on the proposal as follows:

Stormwater disposal The stormwater plans submitted detail a system which complies with Council’s Water Management DCP No.47 in relation to on-site detention and retention, water quality and discharge from the site. The design has incorporated two (2) rainwater tanks within the basement areas totally a volume of 10,000L with the overflow directed to a detention tank located under the driveway area of 24.5m3. The detention volume has also been offset by 25% for the rainwater tank, which is acceptable with a separated detention basin of 8m3 within the front landscaped area. The rainwater tanks shall collect runoff from 328m2 of roof area and be reused for toilet flushing and irrigation as per the BASIX commitments. A new kerb inlet pit and Ø375mm pipe discharge to existing kerb inlet pit shall also be provided. A ‘Roads Act Approval’ is required for the proposed works.



The stormwater disposal system for the site is considered a satisfactory system for this development. Traffic generation The traffic report submitted predicts a traffic generation potential of approximately 9.3 vehicle trips per hour during peak periods. According to the traffic generation rates nominated by the RTA Guidelines, this would generate a potential of approximately 0.85 peak hour vehicle trips per dwelling which will result in a decrease in the level of traffic generated by the site by approximately 12vph (more than 50% due to being a doctors surgery). The projected reduction in traffic activity would clearly not have any unacceptable traffic implications in terms of road network capacity. Vehicle access and accommodation arrangements The proposed development comprises 18 units. Therefore, under the provisions of LEP 194, (the site is <400m from the railway station) 1 space per unit and 1 space per 4 units for visitor spaces are required. The plans submitted show a total of 27 off-street car parking comprising 21 resident spaces (inc. 2 disabled) and 5 visitor spaces (inc. 1 disabled) and 1 car wash bay, thereby satisfying the requirements of both DCP No.43 and DCP No. 55. Vehicular access to the car parking facility is to be provided via a new 2-way driveway 6m in width located in Wolseley Road. The driveway gradients and the dimensions of the parking bay, ramp grades and aisle widths comply with Australian Standard 2890.1 (2004) “Off-Street car parking”. Waste collection The development allows a garbage truck to enter and depart the garbage/room recycle storage area located on basement 1. The swept path adopted to access the waste collection area has been designed in accordance with the small waste collection vehicle (6m long Mitsubishi Canter with a 4m3 capacity) which is longer than the Council garbage truck (5.5m). The driveway grades and turning manoeuverability are suitable for the small waste collection vehicle. Construction management Based on the scale of works and expected construction vehicle movements, a detailed construction traffic management plan must be submitted for review by Council Engineers prior to the commencement of any works on site. A works zone could be established along the Wolseley Road frontage. No Stopping signs shall be provided on the opposite side of the site frontage to allow trucks to easily manoeuvre in and out from Pacific Hwy. The procedure for this is included in the recommended engineering conditions. Traffic Committee approval is required for the parking restrictions opposite the subject site, which is included in the recommended conditions. Impacts on Council’s infrastructure The developer will be required to construct new footpath and kerb inlet pit with a 375mm pipe to existing kerb inlet pit along the Wolseley Road frontage of the site. Detailed design



drawings for these works will be assessed by Council’s Technical Services section for approval under the Roads Act. No occupation certificate would be issued until the works are completed to the satisfaction of Council. Geotechnical investigation A previous geotechnical subsurface investigation on the site was completed in January 2006 which has been included in the geotechnical report submitted. As part of the investigation procedure, 3 boreholes were spiral auger drilled to depths between 6.0m to 7.3m below the existing surface levels. The investigation encountered fill or top soil over residual silty clay, which graded into weathered shale at depths ranging from 1.6m to 2.2m below existing surface levels. The shale was of extremely low to very low strength to termination at 6.0m. Excavations for the proposed basement will be required estimated depths in the order of 4.5m to 7.5m below existing levels, which is expected to be readily achievable with conventional earthmoving equipment. The report contains recommendations for vibration monitoring in the event that the use of rock hammers is necessary. All other recommendations during the construction phase shall be carried out as specified within the report. Recommendations From an engineering perspective there are no objections to approval of this application, subject to conditions.

CONSULTATION – EXTERNAL AUTHORITIES Rail Corporation NSW (RailCorp) Rail Corporation New South Wales (RailCorp) has reviewed the proposal and has requested that the following issues be addressed in the conditions of consent:

1. Noise and vibration RailCorp is concerned that the future occupants of the development will encounter rail-related noise and vibration from the adjacent rail corridor. Rail noise and vibration can seriously affect residential amenity and comfort, jeopardise the structural safetyof buildings, and thus should be addressed early in the development process. RailCorp has published the following documents as part of an initiative aimed at managing rail noise and vibration impacts associated with development near the rail corridor:

• Interim Guidelines for Councils – consideration of rail noise and vibration in the planning process. This aims to assist local government in considering and assessing rail noise and vibration as part of their strategic planning and development control functions.

• Interim Guidelines for Applicants – consideration of rail noise and vibration in the planning process. This aims to assist those involved in the planning and design of developments near the rail corridor.



These documents are available at: http://www.railcorp.info/building_near_the railway/environmental_guidelines

In assessing the application, councils are encouraged to adopt the recommendations given in Part B – Development Assessment Process of the Guidelines for Councils. Section 11 of the Guidelines for Councils provides recommended conditions of consent for specific development categories such as multi-unit residential within the acoustic assessment area. Council should extract the relevant conditions from this section and insert them into the development consent. Alternatively, Council could include the following condition of consent: • An acoustic assessment is to be submitted to Council prior to the issue of a construction

certificate demonstrating how the proposed development will comply with RailCorp’s Interim Guidelines for Applicants in the consideration of rail noise and vibration from the adjacent rail corridor (Condition 30).

2. Stray currents and electrolysis from rail operations Stray currents as a result of rail operations may impact on the structure of the development. Electric currents on overhead wiring pass through the train’s motor and return to the power substation via the rail tracks. Occasionally, these currents may stray from the tracks and into the ground. Depending on the type and condition of the ground, these may be passed to the nearest conductive material (concrete reinforcement, piling, conduits, pipework and earthing rods) accelerating corrosion of metals and leading to concrete cancer. Therefore, the Applicant should consider this possible impact, and engage an expert consultant when designing its buildings. It is requested that Council include the following condition of consent: • The applicant is to procure a report on the electrolysis risk to the development from stray

currents and the measures that will be taken to control that risk. The applicant is advised to consult an electrolysis expert. The expert’s report must be submitted to RailCorp for review by the Senior Electrolysis Engineer or nominated Electrolysis Section personnel (Condition 31).

STATUTORY PROVISIONS State Environmental Planning Policy No. 55 - Remediation of Land The provisions of SEPP 55 require consideration of the potential for a site to be contaminated. The subject site has a history of residential use and, as such, it is unlikely to contain any contamination and further investigation is not warranted in this case. State Environmental Planning Policy No. 65 - Design quality of residential flat development and the Residential Flat Design Code (RFDC) SEPP65 aims to improve the design quality of residential flat buildings across NSW and provides an assessment framework, the Residential Flat Design Code (RFDC), for assessing ‘good design’.



In accordance with Clause 50 of the EP& A Regulation 2000, a Design Verification Statement has been submitted by Dugald Mackenzie, dated 13 October 2008, which submits that the amended application has been designed in accordance with the design quality principles under Part 2 of the SEPP. Part 2 of SEPP65 includes 10 design principles which a residential flat development must satisfy. The 10 principles are assessed as follows: Principle 1: Context Surrounding development includes a mix of commercial and retail development to the south and east of the site (Lindfield Town Centre). Pacific Highway is located to the south of the site and the northern suburb rail line is located further to the north. No.2, 4 and 6 Wolseley Road is zoned Residential 2(d3) under the KPSO. Residential development to the west of the site includes detached dwelling houses zoned Residential 2(e). Further to the west (fronting Pacific Highway) includes medium density residential development. Land to the south side of Wolseley Road (north-west of the site) is subject to Interim Development Order 78 and includes detached dwelling houses. The development complies with landscaping, setbacks (including zone interface setbacks to the north and west) height and storey requirements under the KPSO and DCP55. The development satisfactorily responds to the built form controls applicable for the site. Principle 2: Scale The total area of the site is 1839.54m2 and the maximum number of storeys permitted under Clause 25I(5) of the KPSO is 4. The development complies with the storey and height requirements of the KSPO. The third and forth level of the development comply with the zone interface requirements to the northern and western boundaries of the site. The top storey (Level 4) has been set back from the outer face of the floor below and meets the planning intent of the 60% top storey control. Principle 3: Built form A variety of building materials (timber cladding, fibro cement panels, colourbond roofing, aluminium sliding doors and windows and non-reflective glass) have been incorporated to soften the visual appearance of the development to ensure that it blends with the surrounding environment. The development complies with the front setback provisions of DCP55 and satisfactory landscaping forward of the building has been provided. Principle 4: Density The development provides 18 dwellings and basement carparking for 26 vehicles. The proposed FSR of 0.9:1 complies the maximum FSR of 1:1 prescribed in DCP55. Principle 5: Resource, energy and water efficiency A BASIX certificate (Certificate No. 218337M, dated 8 October 2008) has been provided which demonstrates that the amended proposal satisfies the thermal comfort, water and energy



consumption requirements of SEPP (BASIX). The proposal also satisfies the solar access and natural ventilation requirements of the RFDC. Principle 6: Landscape The development provides 53.68% deep soil landscaping on the site which complies with Council’s KPSO–LEP194 requirement. Council’s Landscape Officer has no objection to the landscape design, subject to conditions. Principle 7: Amenity The applicant has submitted a solar access analysis, which demonstrates that 70% of dwellings achieve 3+ hours of sunlight to living areas and private open space areas between 9am and 3pm in Mid-winter, which satisfies the minimum 70% requirement under the RFDC. The performance of the building satisfies the requirements of the RFDC and DCP55 in relation to natural ventilation, solar access, storage, privacy and access. Principle 8: Safety and security The proposal provides satisfactory passive surveillance to the surrounds of the building. Principle 9: Social dimensions The proposed size and mix of apartments, which includes 4 x 1 bedroom, 12 x 2 bedroom and 2 x 3 bedroom units, is satisfactory. Principle 10: Aesthetics External finishes to the building include timber cladding, fibro cement panels, colourbond roofing, banded render and painted walls, aluminium sliding doors and window frames, and non-reflective glass. The external finishes provide satisfactory visual interest to the facades of the building. The materials and finishes suitably blend with the existing landscape and built environment.

SEPP (Sydney Harbour Catchment) 2005

The site is located within the Sydney Harbour Catchment area (Clause 3(1) of the SREP). The proposal will not have a detrimental impact on the catchment. The planning principles of the SREP are generally satisfied and the site is not in close proximity to or within view of any waterway, wetland or riparian zone.

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

A valid BASIX certificate has been submitted for the amended application (Certificate No. 218337M, dated 8 October 2008). The certificate demonstrates compliance with the provisions of the SEPP and adequately reflects all amendments to the application.

Ku-ring-gai Planning Scheme Ordinance (KPSO)

Zoning and permissibility

The site is zoned Residential 2(d3).



Under Clause 25B (definitions) of the KPSO – LEP194, a residential flat building is defined as ‘a building containing three or more dwellings.’ The residential flat building proposed on the site satisfies this definition and is permissible with Council’s consent pursuant to the development control table under Clause 23 of the KPSO. The development satisfies the zone objectives under Clause 25D of the KPSO. Ku-ring-gai Planning Scheme Ordinance Part A: Development Development standard Proposed Complies Site area (min): 1800 m2 or more but less than 2400m2

1839.54m2 YES

Deep landscaping (min): 50% 53.68% 987.28 m2

YES

Street frontage (min): 30m 40.235m (Pacific Highway) 45.72m (Wolseley Road)

YES

Number of storeys (max): 4 4 YES Site coverage (max): 35% 34.93% YES Top floor area (max): 60% of level below <60% YES Storeys and ceiling height (max): 3 and 10.3m

3 & <10.3m YES

Car parking spaces (min): 4.5 (visitors) 18 (residents) 22.5 (23) (total)

5

21 26

YES YES YES

Zone interface setback (min): 9m 9m YES Manegeable housing (min): 10% 1.8 (2)

11% Units 2 and 15

YES

Lift access: required if greater than three storeys

Lift access proposed YES

Part B: Residential zone objectives: The development satisfies the objectives for residential zones as prescribed in clause 25D. Part C: Clause 61E - Development in the vicinity of heritage items The site is in the vicinity of four heritage items, being No.386 – 390 Pacific Highway, 21 Lindfield Avenue, 1 & 6 Highfield Road, Lindfield. The items are not in the immediate context of the site. Impacts on the nearby heritage items would be minimal.



Development Control Plan No. 55 - Railway/Pacific Highway Corridor & St Ives Centre Development control Proposed Complies Part 3 Local context: Part 4.1 Landscape design: Deep soil landscaping (min) 150m2 per 1000m2 of site area = 275.93m2 890m2 YES No. of tall trees required (min): 7 trees 14 trees YES Part 4.2 Density: Building footprint (max): 35% of total site area 34.93% YES Floor space ratio (max): 1:1 0.9:1 YES Part 4.3 Setbacks: Street boundary setback (min): 10-12 metres (<40% of the zone occupied by building footprint)

10-12m <40%

YES YES

Rear boundary setback (min): 6m 6m YES Side boundary setback (min): 6m 6m YES Setback of ground floor courtyards to street boundary (min):

8m 8.5m YES % of total area of front setback occupied by private courtyards (max):

15% <15% YES Part 4.4 Built form and articulation: Façade articulation: Wall plane depth >600mm <600mm YES

Wall plane area <81m2 <81m2 YES Built form: Building width < 36m <36m YES

Balcony projection < 1.2m <1.2m YES

Part 4.5 Residential amenity Solar access: >70% of units receive 3+ hours direct sunlight in

winter solstice 70% YES

>50% of the principle common open space of the development receives 3+ hours direct sunlight in the winter solstice

>50% YES

<15% of the total units are single aspect with a western orientation

27% NO



Development control Proposed Complies Visual privacy: Separation b/w windows and balconies of a building and any neighbouring building on site or adjoining site:

Storeys 1 to 4 12m b/w habitable rooms 9m b/w habitable and non-habitable rooms 6m b/w non-habitable rooms

7.8m

NO

Internal amenity: Habitable rooms have a minimum floor to

ceiling height of 2.7m 2.7m YES

1-2 bedroom units have a minimum plan dimension of 3m in all bedroom

>3m YES

3+ bedroom units have a minimum plan dimension of 3m in at least two bedrooms

>3m YES

Single corridors: - serve a maximum of 8 units - >1.5m wide - >1.8m wide at lift lobbies

6 units

>1.5m >1.8m

YES

YES YES

Outdoor living: ground floor apartments have a terrace or

private courtyard greater than 25m2 in area >25m2 YES

Balcony sizes: - 10m2 – 1 bedroom unit - 12m2 – 2 bedroom unit - 15m2 – 3 bedroom unit

NB. At least one space >10m2

10m2

12m2

15m2

YES YES YES

primary outdoor space has a minimum dimension of 2.4m

2.4m YES

Part 4.7 Social dimensions: Visitable units (min): 70% 100% YES Housing mix: Mix of sizes and types 4 x 1 bedroom

12 x 2 bedroom 2 x 3 bedroom units

YES

Part 4.8 Resource, energy and water efficiency: Energy efficiency: >65% of units are to have natural cross

ventilation >65% YES

single aspect units are to have a maximum depth of 10m

<10m YES

25% of kitchens are to have an external wall for natural ventilation and light

27% YES



Development control Proposed Complies Part 5 Parking and vehicular access: Car parking (min): 4.5 (visitors) 18 (residents) 22.5 (23) (total)

5 21 26

YES YES YES

Part 2 Elements of good design • Air conditioning Air conditioning (A/C) units have been located within the basement of the building and will not be externally visible. It is recommended that all mechanical ventilation be installed in accordance with the BCA and Australian Standard requirements and shall not emit a noise level of greater than 5dbA above the background when measured at the nearest adjoining property (Conditions 32, 33,80, 94 and 101). Part 4.5 Residential amenity: Visual privacy/building separation

The building separation between the proposed development and the adjoining dwelling houses to the west and north of the site is 7.8 metres. The development complies with the 6 metres side setback control to the ground and first floor level (Level 2). The third and fourth storey of the building comply with the 9 metres zone interface control. Tall tree planting and screen landscaping has been provided to the north and west side boundaries of the site which would obscure views to neighbouring properties. The development complies with the built form controls for the site and does not result in an unreasonable loss of privacy and amenity to adjoining dwellings. Western orientated units

Units 4, 5, 10, 11 and 15 are western orientated units which represent 27% of the total number of units (18) within the development. Units 5, 11 and 15 are located to the south-western corner of the building, the southern elevation includes highlight windows which do not provide outlook amenity to the respective units. The development satisfies the 70% solar access requirements and a BASIX Certificate has been submitted which demonstrates the proposal satisfies energy efficiency commitments.

Storage

The basement levels of the building provide 18 individual storage areas. The storage areas comply with the DCP55 and RFDC requirements.

Part 4.8 Resource, energy and water efficiency:

Waste management

The development generates the following number of bins:



1 x 240L garbage bin per 2 units = 9 bins 1 x 240L paper bin per 4 units = 4.5 bins 1 x 240L recycling bin 4 units = 4.5 bins Total bins: 18 The proposal includes a functional and accessible garbage storage area within Basement Level 1 which accommodates 19 x 240L bins. Satisfactory access and temporary parking for a waste collection truck have been provided adjacent to the garbage storage area. Part 5 Parking and vehicular access:

Parking Requirement Proposed Complies 18 Residential car parking spaces 21 residential spaces YES 1 disabled space per adaptable unit = 2 2 residential spaces allocated to 2

adaptable units YES

Visitor parking (4.5) 5 spaces

5 visitor spaces YES

1 adaptable/disabled visitor space 1 disabled visitor space YES 1 service/removalist vehicle/carwash bay 1 service/removalist/carwash bay YES 1 bicycle parking space per 5 residential units (3.6 spaces)

4 residential bays YES

1 bicycle parking space per 10 visitor spaces (1.8 spaces)

2 visitor bays YES

Development Control Plan 31 - Access Matters for assessment under DCP 31 have been taken into account in the assessment of this application against DCP 55 and the proposal is satisfactory in this regard. Development Control Plan 40 - Construction and Demolition Waste Management Matters for assessment under DCP 40 have been taken into account in the assessment of this application against DCP 55 and the proposal is satisfactory in this regard. Development Control Plan No. 43 - Car Parking Matters for assessment under DCP 43 have been taken into account in the assessment of this application against DCP 55 and the proposal is satisfactory in this regard. Development Control Plan 47 - Water Management Matters for assessment under DCP 47 have been taken into account in the assessment of this application against DCP 55 and the proposal is satisfactory in this regard. Section 94 Plan The development attracts a section 94 contribution of $335,170.44, which is required to be paid by Condition No.46.



DRAFT KU-RING-GAI LOCAL ENVIRONMENTAL PLAN 2006 (Town Centres) The site is included in Draft Ku-Ring-gai Local Environmental Plan 2006 (Town Centres) (DLEP) for the locality of Lindfield.

Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 requires consideration of the provisions of any Draft Environmental Planning Instrument (EPI) that has been placed on public exhibition. The draft LEP 2006 (Town Centres) has been placed on public exhibition and is a draft EPI for the purposes of this section of the Act. Any such assessment must consider the degree of weight placed upon such provisions and whether the implementation of the draft LEP is certain and imminent. It must also consider the effect of any savings provisions contained within the instrument. The precise terms and effect of such provisions have not been decided. There appears to be no doubt that the Draft LEP 2006 (Town Centres) will eventually be made and, to that extent, it is imminent. However, the precise final form of the LEP is not certain at this stage, for that depends upon any amendments that might be required by the Ku-ring-gai Planning Panel or the Minster for Planning. The development standards applicable to the site under DLEP are as follows:

Clause 11 Zoning The proposed zoning for the site is Residential ‘R4’ (High Density Residential). Under this zoning, a ‘Residential Flat Building’ is permissible with Council’s consent. Clause 21 Height of Buildings

The Height Map under Clause 21 of DLEP indicates the site would have a maximum building height of 15 metres. The maximum building height of the development is 13 metres. The development appropriately responds to the zoning of the site and its built form satisfies the objectives under Clause 21 of DLEP. Clause 22 Floor Space Ratio

The Floor Space Ratio Map under Clause 22 of DLEP requires a maximum floor space ratio of 1.0:1. The proposal complies with this requirement (proposing 0.9:1).

LIKELY IMPACTS

The proposal does not result in any unreasonable impacts to surrounding development.

SUITABILITY OF THE SITE

The site is suitable for the proposed development.

PUBLIC INTEREST

Approval of the application is considered to be in the in the public interest.

CONCLUSION Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory. Therefore, it is recommended that the application be approved.



RECOMMENDATION

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 THAT the Ku-ring-gai Planning Panel, as the consent authority, grant development consent to DA0468/08 for demolition of two dwellings & medical centre, construction of a residential flat building comprising 18 units, basement car parking and associated landscaping works, on land at 2 – 6 Wolseley Road, Lindfield, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions: CONDITIONS THAT IDENTIFY APPROVED PLANS:

1. Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no. Drawn by Dated SK01B, SK03B, SK04B, SK05B, SK06B, SK09B, SK010B SK16.01B, SK16.02B

Dugald Mackenzie & Associates 03.10.2008

SK02A, SK07A, SK08A Dugald Mackenzie & Associates 08.08.2008 SK27 Dugald Mackenzie & Associates 10.03.2008 Materials & Colours Plan Issue B Dugald Mackenzie & Associates 03.10.2008 LPDA08-301/4B Conzept Landscape Architects August 2008


2. Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.


3. Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no. Drawn by Dated LPDA 08-301/1B LPDA 08-301/3B

Conzept Landscape Architects August 2008

LPDA 08-301/2 April 2008




CONDITIONS TO BE SATISFIED PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION:

4. Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.


5. Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.


6. Dilapidation survey and report (public infrastructure)

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:

Public infrastructure Full road pavement width, including kerb and gutter, of Wolseley Road over the

site frontage, including the full intersection. All driveway crossings and laybacks opposite the subject site.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.


this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.

Reason: To record the structural condition of public infrastructure before works

commence.



7. Archival recording of buildings

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that an archival report has been submitted to Council’s Heritage Advisor.

The report must consist of an archival standard photographic record of the building (internally and externally), its garden and views of it from the street illustrating its relationship to neighbouring properties and the streetscape. Recording shall be undertaken in accordance with the guidelines for “Photographic Recording of Heritage Items Using Film or Digital Capture (2006)” prepared by the New South Wales Heritage Office. Information shall be bound in an A4 report format. It shall include copies of photographs, referenced to plans of the site. Two (2) copies (one (1) copy to include negatives or CD of images shall be submitted to Council's Heritage Advisor. The recording document will be held in the local studies collection of Ku-ring-gai Library, the local historical society and Council’s files.


this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works.

Reason: To ensure the proper management of historical artefacts and to ensure

their preservation.

8. Dilapidation photos (public infrastructure)

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to CD-ROM in ‘jpg’ format). The photos must include detail of:

- The existing footpath - The existing kerb and gutter - The existing full road surface between kerbs - The existing verge area - The existing driveway and layback where to be retained - Any existing drainage infrastructure including pits, lintels, grates.

Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.




9. Dilapidation survey and report (private property)

Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:

Address 65 Pacific Highway, Lindfield 8 Wolseley Road, Lindfield

The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.

In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.

Note: A copy of the dilapidation report is to be provided to Council prior to any

excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before

works commence.

10. Construction and traffic management plan

Prior to the commencement of any works on site, the applicant must submit for review by Council's engineers a construction and traffic management plan. The following matters must be specifically addressed in the plan:

(a) A plan view of the entire site and frontage roadways indicating:

dedicated construction site entrances and exits, controlled by a certified

traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways

turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site

the locations of proposed work zones in the frontage roadways location of any proposed crane and concrete pump and truck standing

areas on and off the site



a dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries

material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected

an on-site parking area for employees, tradespersons and construction vehicles as far as possible

(b) Traffic control plan(s) for the site

All traffic control plans must be in accordance with the RTA publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person (minimum ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage. Approval is to be obtained from Council for any temporary road closures or crane use from public property. Applications to Council shall be made a minimum of 4 weeks prior to the activity proposed being undertaken.

(c) A detailed description and route map of the proposed route for vehicles

involved in spoil removal, material delivery and machine floatage must be provided

Light traffic roads and those subject to a load or height limit must be avoided where alternate routes exist. A copy of this route is to be made available to all contractors and shall be clearly depicted at a location within the site. The plan must provide evidence of RTA concurrence where construction access is provided directly from or within 20m of an arterial road. The plan must provide a schedule of site inductions to be held on regular occasions and as determined necessary to ensure all new employees are aware of their construction management obligations. These must specify that construction-related vehicles are to comply with the approved requirements. The plan must provide measures for minimising construction related traffic movements during school peak periods. For those construction personnel that drive to the site, the applicant shall attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area. The construction and traffic management plan shall be prepared by a suitably qualified and experienced traffic consultant and be certified by this person as being in accordance with the requirements of the abovementioned documents and the requirements of this condition. The construction management measures contained in the approved plan shall be implemented in accordance with the plan prior to the commencement of, and during, works on-site



including excavation. As the plan has a direct impact on the local road network, the plan shall be submitted to and reviewed by Council’s Development Engineer. Written acknowledgment from Council’s Engineer shall be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

Reason: To ensure that appropriate measures have been considered during all

phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.

11. Work zone

If a works zone is proposed, the applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site. Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense. In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason: To ensure that appropriate measures have been made for the operation of

the site during the construction phase.

12. Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas. The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully



stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.


13. Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.


14. Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site. Existing public pedestrian access along the footpaths is to be maintained at all times.

Schedule Tree/location Radius in metres #1 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #6 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #16 Phoenix canariensis (Canary Island Date Palm) Adjacent to western site boundary in neighbouring property

6.5m

8.0m

3.0m


15. Tree protective fencing type galvanised mesh

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metres spacings and connected by securely attached chain mesh fencing to a minimum of 1.8 metres in height prior to work commencing.

Reason: To protect existing trees during construction phase.

16. Tree protection signage

Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:



tree protection zone this fence has been installed to prevent damage to the trees and their growing

environment both above and below ground and access is restricted any encroachment not previously approved within the tree protection zone shall

be the subject of an arborist's report the arborist's report shall provide proof that no other alternative is available the arborist's report shall be submitted to the Principal Certifying Authority for

further consultation with Council The name, address, and telephone number of the developer.


17. Tree protection mulching

Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.


18. Tree fencing inspection

Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.


CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE:

19. Lot consolidation

Prior to issue of the Construction Certificate the Applicant must consolidate the existing Torrens lots which will form the development site. Evidence of lot consolidation, in the form of a plan registered with Land and Property Information, must be submitted for approval of the Principal Certifying Authority prior to issue of the Construction Certificate.

Reason: To ensure continuous structures will not be placed across separate titles.

20. Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

Plan no. Drawn by Dated LPDA 08-301/1-3 Conzept April 2008



The above landscape plan(s) shall be amended in the following ways:

The proposed planting of Syncarpia glomulifera (Turpentine) beneath the

canopy drip line of Tree 16 Phoenix canariensis (Canary Island Date Palm) is to be deleted due to spatial conflicts with Tree 16.

50% of the proposed planting of Syncarpia glomulifera (Turpentine) are to be changed to Angophora floribunda (Rough Barked Apple) and/or Angophora costata (Sydney Redgum) to promote biodiversity within the tree canopy.

Direct access for maintenance to private courtyards from the communal space is to be included. Alternatively, the proposed grassed/turf areas are to be deleted and planted with appropriate ornamental grasses groundcovers.

The proposed planting of Cupaniopsis anacaroides (Tuckeroo) is to be deleted and replaced with a deciduous exotic species such as lagerstroemia indica (Crepe Myrtle) or Pyrus spp to complement the existing and desired streetscape character and broader landscape setting of Lindfield.

Two tall exotic feature trees are to be planted centrally within the site frontage to Wolseley Rd, one on each side of the pedestrian entry path in front of the proposed residential flat building, to soften and screen the proposed development and to maintain and enhance the landscape amenity of the site.

Tree’s 19 & 20 are to be shown to be retained. Tree 2 is to be correctly located within the neighbouring property and shown to

be retained.

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended as required by this condition.

Note: An amended landscape plan, prepared by a landscape architect or

qualified landscape designer shall be submitted to the Certifying Authority.


21. Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.


22. Builder’s indemnity insurance

The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the



Certifying Authority for endorsement of the plans accompanying the Construction Certificate.

It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).


23. External finishes and materials (new building)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the external finishes of the building are consistent with the character of the streetscape. The materials are to be complimentary to the approved architectural appearance of the development. Nothing in this condition is to be construed as permitting the replacement of previously submitted materials with inferior or inadequate materials or finishes.

Note: Details of the colour, finish and substance of all external materials,

including schedules and a sample board of materials and colours, are to be submitted.

Reason: To protect the streetscape and the integrity of the approved development.

25. Access for people with disabilities (residential)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.

Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.

Reason: To ensure the provision of equitable and dignified access for all people in

accordance with disability discrimination legislation and relevant Australian Standards.

26. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, (Units 2 and 15) are designed as adaptable housing in accordance with the provisions



of Australian Standard AS4299-1995: Adaptable Housing. Note: Evidence from an appropriately qualified professional demonstrating

compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Disabled access & amenity.

27. Stormwater management plan

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must include the following detail:

exact location and reduced level of discharge point to the public drainage

system Layout of the property drainage system components, including but not limited

to (as required) gutters, downpipes, spreaders, pits, swales, kerbs, cut-off and intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence)

location(s), dimensions and specifications for the required rainwater storage and reuse tanks and systems and where proprietary products are to be used, manufacturer specifications or equivalent shall be provided

specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater in accordance with Ku-ring-gai Council Development Control Plan 47 and/or BASIX commitments

details of the required on-site detention tanks required by Ku-ring-gai Water Management DCP 47, including dimensions, materials, locations, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 of DCP 47 for volume, PSD and design requirements)

the required basement stormwater pump-out system is to cater for driveway runoff and subsoil drainage (refer appendix 7.1.1 of Development Control Plan 47 for design)

The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Water Management Development Control Plan 47, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia. The plans may be generally based on the Stormwater Management Plan Job No. 08520 Dwg. DA01 & DA02 dated 7 May 2008 prepared by Northrop Consulting Engineers submitted with the development application, which are to be advanced as necessary for construction certificate issue purposes.




28. Stormwater detention / retention

Prior to the issue of a Construction Certificate, the Principal Certifying Authority is to be satisfied that:

1. A mandatory rainwater retention and re-use system, comprising storage tanks

and ancillary plumbing is provided. The minimum total storage volume of the rainwater tank system, and the prescribed re-use of the water on site must satisfy all relevant BASIX commitments and the requirements specified in Chapter 6 of Ku-ring-gai Water Management Development Control Plan 47; and

2. An on-site stormwater detention system must be provided to control the rate of

runoff leaving the site. The minimum volume of the required on-site detention system must be determined in accordance with Chapter 6 of the Ku-ring-gai Council Water Management Development Control Plan 47 - having regard to the specified volume concession offered in lieu of installing rainwater retention tanks. The on-site detention system must be designed by a qualified civil/hydraulic engineer and must satisfy the design controls set out in Appendix 5 of DCP 47.


29. Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the building is acoustically designed and constructed to meet the requirements of AS 2107 and the Environment Protection Authority’s Guidelines for Acoustic Privacy within Premises.

Note: Plans and specifications of the required acoustic design shall be prepared

by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason: To minimise the impact of noise from the adjoining major road or rail

corridor on the occupants of the development.

30. Noise and vibration

An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with RailCorp’s Interim Guidelines for Applicants in the consideration of rail noise and vibration from the adjacent rail corridor.



31. Stray currents and electrolysis from rail operations

The applicant is to procure a report on the electrolysis risk to the development from stray currents, and the measures that will be taken to control that risk. The applicant



is advised to consult an electrolysis expert. The expert’s report must be submitted to RailCorp for review by the Senior Electrolysis Engineer or nominated Electrolysis Section personnel.



32. Noise from plant in residential zone

Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm –6.00 am) when measured at the boundary of the site.

C1. Note: A certificate from an appropriately qualified acoustic engineer is to be

submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.

Reason: To comply with best practice standards for residential acoustic

amenity.

33. Location of plant (residential flat buildings)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.

C1. Note: Architectural plans identifying the location of all plant and equipment

shall be provided to the Certifying Authority. Reason: To minimise impact on surrounding properties, improved visual

appearance and amenity for locality.

34. Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993. All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant



must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.


vehicular traffic.

35. Driveway grades – basement car parks

Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:

vehicular access can be obtained using grades of 25% (1 in 4) maximum and all changes in grade (transitions) comply with Australian Standard 2890.1 –“Off-

street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.

If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.


vehicular traffic.

36. Basement car parking details

Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:

all parking space dimensions, driveway and aisle widths, driveway grades,

transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 – 2004 “Off-street car parking”

a clear height clearance of 2.5 metres (required under DCP40 for waste



collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

no doors or gates are provided in the access driveways to the basement car park which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area

the dimensions of all parking spaces, including lengths and widths, comply with the State Environmental Planning Policy for Senior Living relating to height clearances and space dimensions (delete clause if not seniors living)

the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans


development.

37. Drainage of paved areas

All new exposed impervious areas graded towards adjacent property and/or habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that direct such runoff to the formal drainage system. Details of such measures shall be shown on the Construction Certificate drawings, to the satisfaction of the Certifying Authority.

Reason: To control surface run off and protect the environment.

38. Vehicular access and garaging

Driveways and vehicular access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard 2890.1 – 2004 “Off-Street car parking”. Details are to be provided to and approved by the Certifying Authority prior to the issue of the Construction Certificate.


development.

39. Car parking allocation

Car parking within the development shall be allocated in the following way:

Resident car spaces 21 Visitor spaces 5 Total spaces 26

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities. At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities.



Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason: To ensure equity of access and appropriate facilities are available for

people with disabilities in accordance with federal legislation.

40. Number of bicycle spaces

The basement car park shall be adapted to provide 6 bicycle spaces in accordance with DCP 55. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.

Reason: To provide alternative modes of transport to and from the site.

41. Design of works in public road (Roads Act approval)

Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Wolseley Road:

a kerb inlet pit and 375mm pipe discharge to existing kerb inlet pit a footpath along the Wolseley Road frontage

Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.

A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development



Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

Reason: To ensure that the plans are suitable for construction purposes.

42. Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

Reason: To ensure compliance with the requirements of Energy Australia.

43. Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason: To ensure compliance with the requirements of relevant utility providers.

44. Underground services

All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.

Reason: To provide infrastructure that facilitates the future improvement of the

streetscape by relocation of overhead lines below ground.



CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION (WHICHEVER COMES FIRST):

45. Infrastructure restorations fee

To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:

a) All work or activity taken in furtherance of the development the subject of this

approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b) The applicant, builder, developer or any person acting in reliance on this approval

shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior

to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

d) In consideration of payment of the Infrastructure Restorations Fee, Council will

undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

e) In this condition:

“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and “Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason: To maintain public infrastructure.

46. Section 94 contribution – residential development

A contribution pursuant to section 94 of the Environmental Planning and Assessment



Act as specified in Ku-ring-gai Section 94 Contributions Plan 2004-2009 for the services detailed in column A and for the amount detailed in Column B is required.

Column A Column BCommunity facilities $10,676.68 Park acquisition and embellishment works $259,613.99 Park embellishment works $20,514.04 Sports grounds works $36,437.25 Aquatic / leisure centres $2,157.08 Traffic and transport $3,043.27 Section 94 Plan administration $2,728.14 Total contribution is: $335,170.44

The contribution shall be paid to Council prior to the commencement of any development (including demolition) or prior to the issue of a Construction Certificate (whichever comes first). The charges may vary at the time of payment in accordance with Council’s Section 94 Contributions Plan to reflect changes in land values, construction costs and the consumer price index. Prior to payment, you are advised to check the contribution amount required with Council.

Reason: To ensure the provision, extension or augmentation of community

facilities, recreation facilities, open space and administration that will, or are likely to be, required as a consequence of the development.

47. Tree protection bond

Prior to the commencement of any development or excavation works or prior to the issue of the Construction Certificate (whichever comes first) the applicant must lodge a $ 2 000.00 tree protection bond with Council. This bond is to provide security that the following trees are maintained in a healthy condition as found prior to commencement of work upon the site.

Schedule Tree/location Bond value #1 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #6 Lophostemon confertus (Brushbox) Wolseley Rd nature strip

$1,000.00

$1,000.00

The bond shall be lodged in the form of a deposit or bank guarantee. The bond will be returned following issue of the Occupation Certificate, provided the trees are undamaged and are in a healthy condition.

In the event that any specified trees are found damaged, dying or dead as a result of any negligence by the applicant or its agent or as a result of the construction works at any time during the construction period, Council will have the option to demand the whole or part therefore of the bond.

Reason: To ensure that the trees are maintained in the same condition as found

prior to commencement of work.



CONDITIONS TO BE SATISFIED DURING THE DEMOLITION, EXCAVATION AND CONSTRUCTION PHASES:

48. Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

The work must be carried out in accordance with the requirements of the

Building Code of Australia In the case of residential building work for which the Home Building Act 1989

requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.


49. Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.


50. Engineering fees

For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.


51. Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any



works.

Reason: To ensure compliance with the Australian Standards.

52. Demolition, excavation and construction work hours

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12.00pm Saturday. No work and no deliveries are to take place on Sundays and public holidays. Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm. Where it is necessary for works to occur outside of these hours (i.e. concrete pours and standing of plant), approval for such will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note: Failure to obtain a permit for work outside of the approved hours will

result in on the spot fines being issued. Reason: To ensure reasonable standards of amenity for occupants of neighbouring

properties.

53. Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

be prominently displayed at the boundaries of the site for the purposes of

informing the public that unauthorised entry to the site is not permitted display project details including, but not limited to the details of the builder,

Principal Certifying Authority and structural engineer be durable and weatherproof display the approved hours of work, the name of the site/project manager, the

responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason: To ensure public safety and public information.

54. Dust control

During excavation, demolition and construction, adequate measures shall be taken to



prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

physical barriers shall be erected at right angles to the prevailing wind

direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

all materials shall be stored or stockpiled at the best locations the ground surface should be dampened slightly to prevent dust from becoming

airborne but should not be wet to the extent that run-off occurs all vehicles carrying spoil or rubble to or from the site shall at all times be

covered to prevent the escape of dust all equipment wheels shall be washed before exiting the site using manual or

automated sprayers and drive-through washing bays gates shall be closed between vehicle movements and shall be fitted with shade

cloth cleaning of footpaths and roadways shall be carried out daily

Reason: To protect the environment and amenity of surrounding properties.

55. Post-construction dilapidation report

The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:

compare the post-construction dilapidation report with the pre-construction

dilapidation report have written confirmation from the relevant authority that there is no adverse

structural damage to their infrastructure and roads.

A copy of this report is to be forwarded to Council at the completion of the construction works.

Reason: Management of records.

56. Compliance with submitted geotechnical report

A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.

Geotechnical aspects of the development work, namely:



appropriate excavation method and vibration control support and retention of excavated faces hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Report Ref22142SLrpt dated 16 May 2008 prepared by Jeffery & Katauskas Pty Ltd. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).


57. Use of road or footpath

During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

Reason: To ensure safety and amenity of the area.

58. Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.


59. Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason: To protect public places.



60. Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason: To facilitate recycling of materials.

61. Construction signage

All construction signs must comply with the following requirements:

are not to cover any mechanical ventilation inlet or outlet vent are not illuminated, self-illuminated or flashing at any time are located wholly within a property where construction is being undertaken refer only to the business(es) undertaking the construction and/or the site at

which the construction is being undertaken are restricted to one such sign per property do not exceed 2.5m2 are removed within 14 days of the completion of all construction works

Reason: To ensure compliance with Council's controls regarding signage.

62. Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason: To ensure safe public footways and roadways during construction.

63. Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by



another authority.

Reason: Provision of utility services.

64. Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason: To protect the environment from erosion and sedimentation.

65. Drainage to street

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the street drainage system. New drainage line connections to the street drainage system shall conform and comply with the requirements of Sections 5.3 and 5.4 of Ku-ring-gai Water Management Development Control Plan No. 47.


66. Grated drain at garage

A 200mm wide grated channel/trench drain, with a heavy-duty removable galvanised grate is to be provided in front of the garage door/basement parking slab to collect driveway runoff. The channel drain shall be connected to the main drainage system and must have an outlet of minimum diameter 150mm to prevent blockage by silt and debris.

Reason: Stormwater control.


The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing Co-ordinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.


68. Trees on nature strip

Removal/pruning of the following tree/s from Council's nature strip shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist



holding public liability insurance amounting to a minimum cover of $10,000,000.

Schedule Tree/location #3 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #4 Harpephyllum caffrum (Kaffir Plum) Wolseley Rd nature strip #5 Lophostemon confertus (Brushbox) Wolseley Rd nature strip


69. Treatment of tree roots

If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced arborist/horticulturist with a minimum qualification of horticulture certificate or tree surgery certificate


70. Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk(s) of the following, tree(s) shall be severed or injured in the process of any works during the construction period.

Schedule Tree/location Radius from trunk #1 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #6 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #16 Phoenix canariensis (Canary Island Date Palm) Adjacent to western site boundary in neighbouring property #19 Platanus x hybrida (London Plane) Pacific Hwy nature strip #20 Platanus x hybrida (London Plane) Pacific Hwy nature strip

6.5m

8.0m

3.0m

6.0m

6.0m


71. Approved tree works

Approval is given for the following works to be undertaken to trees on the site:

Schedule Tree location Approved tree works#3 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #4 Harpephyllum caffrum (Kaffir Plum)

Removal

Removal



Schedule Tree location Approved tree worksWolseley Rd nature strip #5 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #7 Phoenix canariensis (Canary Island Date palm) Adjacent to eastern site boundary #8 Arbutus unedo (Irish Strawberry Tree) Centrally located in site frontage #9 Camellia sasanqua (Chinese camellia) Within site frontage #10 Schefflera actinophylla (Umbrella Tree) Centrally located on site #11 Melaleuca armillaris (Honey Myrtle) Centrally located on site #12 Melaleuca spp (Paperbark) Centrally located on site #13 Allamanda nenifolia (Bush Allamanda) Centrally located on site #14 Melaleuca incana (Grey Leafed Honey Myrtle) Centrally located on site #15 Cinnamomum camphora (Camphor laurel) Adjacent to western site boundary #17 Jacaranda mimosifolia (Jacaranda) Adjacent to western site boundary #18 Jacaranda mimosifolia (Jacaranda) Adjacent to western site boundary

Removal

Removal

Removal

Removal

Removal

Removal

Removal

Removal

Removal

Removal

Removal

Removal

Removal or pruning of any other tree on the site is not approved.


72. Hand excavation

All excavation within the specified radius of the trunk(s) of the following tree(s) shall be hand dug:

Schedule Tree/location Radius from trunk #1 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #6 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #16 Phoenix canariensis (Canary Island Date Palm) Adjacent to western site boundary in neighbouring property #19 Platanus x hybrida (London Plane) Pacific Hwy nature strip #20 Platanus x hybrida (London Plane) Pacific Hwy nature strip

6.5m

8.0m

3.0m

6.0m

6.0m




73. Thrust boring

Excavation for the installation of any services within the specified radius of the trunk(s) of the following tree(s) shall utilise the thrust boring method. Thrust boring shall be carried out at least 600mm beneath natural ground level to minimise damage to tree(s) root system

Schedule Tree/location Radius from trunk #1 Lophostemon confertus (Brushbox) Wolseley Rd nature strip #6 Lophostemon confertus (Brushbox) Wolseley Rd nature strip

6.5m

8.0m


74. No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.


75. Tree planting on nature strip

The following tree species shall be planted, at no cost to Council, in the nature strip fronting the property along Wolseley Rd. The tree(s) used shall be a minimum 25 litres container size specimen(s):

Schedule Tree/ species Quantity Location Lophostemon confertus (Brushbox) 3 Evenly spaced within the

Wolseley rd nature strip as shown on the landscape plan

Reason: To provide appropriate landscaping within the streetscape.

76. Tree removal on nature strip

Following removal of the (enter tree species) from Council's nature strip, the nature strip shall be rehabilitated to the satisfaction of Council’s Landscape Assessment Officer at no cost to Council.


77. Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall



be removed from the site on completion of the building works.


78. Canopy replenishment trees to be planted

The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species

Reason: To maintain the treed character of the area.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE:

79. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 218337M, dated 8 October 2008 have been complied with.


80. Mechanical ventilation

Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:

1. The installation and performance of the mechanical systems complies with:

The Building Code of Australia Australian Standard AS1668 Australian Standard AS3666 where applicable

2. The mechanical ventilation system in isolation and in association with other

mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.

Note: Written confirmation from an acoustic engineer that the development

achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

Reason: To protect the amenity of surrounding properties.



81. Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

Reason: To ensure that the landscape works are consistent with the development

consent.

82. Accessibility

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that:

the lift design and associated functions are compliant with AS 1735.12 & AS

1428.2 the level and direction of travel, both in lifts and lift lobbies, is audible and

visible the controls for lifts are accessible to all persons and control buttons and

lettering are raised international symbols have been used with specifications relating to signs,

symbols and size of lettering complying with AS 1428.2 the height of lettering on signage is in accordance with AS 1428.1 – 1993 the signs and other information indicating access and services incorporate

tactile communication methods in addition to the visual methods

Reason: Disabled access & services.

83. Retention and re-use positive covenant

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Water Management Development Control Plan No. 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms. Registered title documents showing the covenants and restrictions must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.




84. Provision of copy of OSD designs if Council is not the PCA

Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

a copy of the approved Construction Certificate stormwater detention/retention

design for the site A copy of any works-as-executed drawings required by this consent The Engineer’s certification of the as-built system.

Reason: For Council to maintain its database of as-constructed on-site

stormwater detention systems.

85. Certification of drainage works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

the stormwater drainage works have been satisfactorily completed in

accordance with the approved Construction Certificate drainage plans the minimum retention and on-site detention storage volume requirements of

BASIX and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved

retained water is connected and available for use basement and subsoil areas are able to drain via a pump/sump system installed

in accordance with AS3500.3 and Appendix 7.1.1 of Ku-ring-gai Water Management Development Control Plan No. 47

all grates potentially accessible by children are secured components of the new drainage system have been installed by a licensed

plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia

all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices

The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.

Note: Evidence from a qualified and experienced consulting civil/hydraulic

engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.




86. WAE plans for stormwater management and disposal

Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:

as built (reduced) surface and invert levels for all drainage pits gradients of drainage lines, materials and dimensions as built (reduced) level(s) at the approved point of discharge to the public

drainage system as built location and internal dimensions of all detention and retention

structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site

the achieved storage volumes of the installed retention and detention storages and derivative calculations

as built locations of all access pits and grates in the detention and retention system(s), including dimensions

the size of the orifice or control fitted to any on-site detention system dimensions of the discharge control pit and access grates the maximum depth of storage possible over the outlet control top water levels of storage areas and indicative RL’s through the overland flow

path in the event of blockage of the on-site detention system

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.


87. Basement pump-out maintenance

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a maintenance regime has been prepared for the basement stormwater pump-out system.

Note: A maintenance regime specifying that the system is to be regularly

inspected and checked by qualified practitioners is to be prepared by a suitable qualified professional and provided to the Principal Certifying Authority.


88. OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater



detention facilities on the lot.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Council Water Management DCP 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.



Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority


90. Certification of as-constructed driveway/car park – RFB

Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

the as-constructed car park complies with the approved Construction

Certificate plans the completed vehicle access and accommodation arrangements comply with

Australian Standard 2890.1 – 2004 “Off-Street car parking" and the Seniors Living State Environment Planning Policy in terms of minimum parking space dimensions

finished driveway gradients and transitions will not result in the scraping of the underside of cars

no doors, gates, grilles or other structures have been provided in the access driveways to the basement car park, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area

the vehicular headroom requirements of:

- Australian Standard 2890.1 – “Off-street car parking”, - The Seniors Living SEPP (as last amended) for accessible parking spaces, - 2.44 metres height clearance for waste collection trucks (refer DCP 40)

are met from the public street into and within the applicable areas of the basement car park.

Note: Evidence from a suitably qualified and experienced traffic/civil engineer



indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Reason: To ensure that vehicular access and accommodation areas are compliant

with the consent.

91. Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that the following works in the road reserve have been completed:

new concrete driveway crossing in accordance with levels and specifications

issued by Council removal of all redundant driveway crossings and kerb laybacks (or sections

thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials)

full repair and resealing of any road surface damaged during construction full replacement of damaged sections of grass verge with a non-friable turf of

native variety to match existing

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.


92. Construction of works in public road – approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.

The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.

The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings. The works must be subject to inspections by Council at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.

Reason: To ensure that works undertaken in the road reserve are to the

satisfaction of Council.



93. Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.


94. Mechanical ventilation

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that all mechanical ventilation systems are installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standards AS1668.2 and AS3666 Microbial Control of Air Handling and Water Systems of Building.

Reason: To ensure adequate levels of health and amenity to the occupants of the

building .

95. Fire safety certificate

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.

Note: A copy of the Fire Safety Certificate must be submitted to Council. Reason: To ensure suitable fire safety measures are in place.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE:

96. OSD positive covenant

Prior issue of the Subdivision Certificate, the applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the on-site stormwater detention facilities on site. The terms of the instruments are to be generally in accordance with the Council's "terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Water Management Development Control Plan No. 47). The location of the on-site detention facilities for all dwellings is to be noted on the final plan of subdivision.

Reason: To ensure maintenance of on site stormwater detention facilities.



97. Retention and re-use positive covenant

Prior to issue of the Subdivision Certificate, the applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site retention and re-use facilities. The terms of the instruments are to be generally in accordance with the Council's "terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Water Management Development Control Plan No. 47). The location of the on-site detention facilities for all dwellings is to be noted on the final plan of subdivision.

Reason: To ensure maintenance of site retention and re-use facilities.

98. Easement for waste collection

Prior to issue of the Subdivision Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919. This is to permit legal access for Council, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.

Reason: To permit legal access for Council, Council’s contractors and their

vehicles over the subject site for waste collection.

CONDITIONS TO BE SATISFIED AT ALL TIMES:

99. Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason: To protect the amenity of surrounding properties.

100. No door restricting internal waste collection in basement

At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.

Reason: To facilitate access to the garbage collection point.



101. Noise control – plant and machinery

All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.

Reason: To protect the amenity of surrounding residents.

102. Car parking

At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building. These requirements are to be enforced through the following:

restrictive covenant placed on title pursuant to Section 88B of the Conveyancing

Act, 1919 restriction on use under Section 68 of the Strata Schemes (Leasehold

Development) Act, 1986 to all lots comprising in part or whole car parking spaces

Reason: To ensure adequate provision of visitor parking spaces.

103. Unobstructed driveways and parking areas

At all times, all driveways and parking areas shall be unobstructed. Driveways and car spaces shall not be used for the manufacture, storage or display of goods, materials or any other equipment and shall be used solely for vehicular access and for the parking of vehicles associated with the use of the premises.

Reason: To ensure safe traffic movement.

R Eveleigh Executive Assessment Officer

R Kinninmont Team Leader Development Assessment - Central





Attachments: A: Locality Map -2008/020070 B: Zoning extract - 2008/020070 C: Site Plan, Floor plans, basement plans, elevations and sections - 2008/020072, 2008/020075 D: Landscape plan - 2008/020076 E: Shadow diagrams - 2008/020076 F: Survey plan – 2008/020077 G: Stormwater drainage plan - 2008/020077

Documents

A G E N D A...40 DAY PERIOD EXPIRED: 29 July 2008 PROPOSAL: Demolition of the existing dwelling then construct new dwelling, swimming pool and detached garage RECOMMENDATION: Refusal