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KU-RING-GAI PLANNING PANEL TO BE HELD ON WEDNESDAY, 14 MAY 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 30 April 2008 Minutes numbered PP19 to PP22 MINUTES FROM THE CHAIRPERSON

A G E N D A - kmc.nsw.gov.au · A G E N D A ** ** ** ** ** ** NOTE: For Full Details, See Council’s Website – under the link to business papers APOLOGIES DECLARATIONS OF INTEREST

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Page 1: A G E N D A - kmc.nsw.gov.au · A G E N D A ** ** ** ** ** ** NOTE: For Full Details, See Council’s Website – under the link to business papers APOLOGIES DECLARATIONS OF INTEREST

KU-RING-GAI PLANNING PANEL TO BE HELD ON WEDNESDAY, 14 MAY 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 30 April 2008 Minutes numbered PP19 to PP22

MINUTES FROM THE CHAIRPERSON

Page 2: A G E N D A - kmc.nsw.gov.au · A G E N D A ** ** ** ** ** ** NOTE: For Full Details, See Council’s Website – under the link to business papers APOLOGIES DECLARATIONS OF INTEREST

080514-KPP-Crs-00217.doc\2

PETITIONS GENERAL BUSINESS

Timetable for Completion of Town Centres & Dual Occupancy LEPs 1. Files: S06523, S06524

GB.1

To present to the Planning Panel a work program for the finalisation of the Town Centres Local Environmental Plan (LEP) and the development of a local environmental plan relating to dual occupancy development. Recommendation: That the Planning Panel endorse the work program for the completion of the Town Centres and Dual Occupancy LEPs. 9 Telegraph Road, Pymble - Demolition of Existing Dwelling & Construction of SEPP (Housing for Seniors or People with a Disability) Development comprising 6 Units with Basement Car Parking for 13 Vehicles

11

. File: DA1337/07

GB.2

Ward: Gordon Applicant: Warrick Hanna Owner: Deldale Pty Limited

To determine Development Application No. 1337/07 for the demolition of existing dwelling & construction of SEPP (Housing for senior or people with a disability) development comprising 6 units with basement car parking for 13 vehicles. Recommendation: Deferred commencement consent.

EXTRA REPORTS CIRCULATED AT MEETING BUSINESS WITHOUT NOTICE - MATTERS OF GREAT URGENCY INSPECTIONS COMMITTEE - SETTING OF TIME, DATE AND RENDEZVOUS

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

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080514-KPP-Crs-00217.doc\3

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.

Page 4: A G E N D A - kmc.nsw.gov.au · A G E N D A ** ** ** ** ** ** NOTE: For Full Details, See Council’s Website – under the link to business papers APOLOGIES DECLARATIONS OF INTEREST

Ku-ring-gai Planning Panel - 14 May 2008 1 / 1 Item 1 S06347 14 May 2008

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MINUTES FROM THE CHAIRPERSON

THE WORK OF THE KU-RING-GAI PANEL

The Ku-ring-gai Planning Panel has now been meeting in various forms since 30 January 2008. In that time the Panel has dealt with a number of significant development applications in Ku-ring-gai. Not so obvious to the general public however, is an immense amount of work that the Panel has done behind the scenes to familiarise itself with the strategic planning issues facing the community of Ku-ring-gai; issues which the Panel is now responsible for finalising.

To assist the Panel in its work, it has received numerous briefings from Council staff and consultants on such issues as:

• the problems, opportunities and expectations of Council and the community in relation to dual occupancy development;

• the structure of zones in the Ku-ring-gai Planning Scheme Ordinance, the new zones under LEPs 194 and 200, and how they would translate into the new Standard LEP template;

• opportunities for additional yield around the town centres to meet the requirements of the Metropolitan Strategy and broader State planning policies in relation to provision of housing diversity; and

• Council’s open space acquisition strategy and the implications for the town centres planning process.

• Current issues around dual occupancy in Ku-ring-gai

This process of briefings and workshops will continue in the coming months.

The Panel has also conducted site inspections of a number of town centres including Gordon, Turramurra and Pymble to get an understanding of how the centres work and to get an appreciation for how the centres function and in some cases, do not function. This understanding will help the Panel members when they come to make decisions about improving the functionality and liveability of the town centres. While in the field, the Panel members also took the opportunity to visit sites that were the subject of upcoming development applications which the Panel was to determine.

The Panel has also commenced meeting with key stakeholders to get an appreciation for the issues and outcomes that the broader community is looking for as the Panel undertakes its functions under the Minister’s Order. The Panel has a number of such meetings arranged over coming months and will endeavour to see as many stakeholders as possible.

By the very nature of the work that it is charged with carrying out, the Panel must continue where necessary to conduct confidential briefings and workshops with Council staff and

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Ku-ring-gai Planning Panel - 14 May 2008 1 / 2 Item 1 S06347 14 May 2008

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consultants. The same would in fact be true of any Council undertaking their normal course of reviewing planning controls which apply to land.

The Panel appreciates the importance of the issues it has been asked to finalise. Consequently I have asked Council’s General Manager to give some consideration to initiating a series of information briefings which may be open to the public to attend. The idea of these briefings is to keep the community up to date with where the panel is at in its deliberation on key matters which will impact on the community going forward. A schedule of briefings will be posted on Council’s website shortly, however I anticipate that briefings will cover such issues as:

• Council’s recently completed Employment Lands Study;

• The implications for Council’s Open space acquisition strategy on town centres planning;

• Heritage planning;

• Development contributions;

• Dwelling yields;

• Public domain planning and preparation of a technical manual; and

• Parking management.

• Dual occupancy

To start this series of open briefings I have asked Council’s General Manager to arrange a briefing on vegetation mapping for the Panel’s next meeting on May 28th. When the Panel meets on 11th June I am advised that Council officers will present the revised Ku-ring-gai Town Centres Draft Local Environmental Plan which the Panel requested at its meeting of March 26th. I am pleased that this work will be presented ahead of schedule. I anticipate that an open briefing will be made in relation to the improvements made to the revised draft local environmental plan from the version submitted to the Department of Planning previously.

We have initiated this series of open briefings so that the community can be assured that the panel is carrying out its functions in an open and accountable manner and there is good scope for community input. The Panel will continue to work closely with stakeholders in the months ahead.

RECOMMENDATION

That the Minute from the Chairperson, as printed, be adopted. Elizabeth Crouch Chairperson

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Ku-ring-gai Planning Panel - 14 May 2008 1 / 1 Item 1 S06523, S06524 6 May 2008

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TIMETABLE FOR COMPLETION OF TOWN CENTRES & DUAL OCCUPANCY LEPS

EXECUTIVE SUMMARY

PURPOSE OF REPORT: To present to the Planning Panel a work

program for the finalisation of the Town Centres Local Environmental Plan (LEP) and the development of a local environmental plan relating to dual occupancy development.

BACKGROUND: Part 4 of the Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008 confers to the Planning Panel the functions of making local environmental plans covering the town centres and to control dual occupancy development.

COMMENTS: A work program for the completion of the Town Centres LEP and Dual Occupancy LEP has been developed in consultation with the Department of Planning. The work program takes into consideration the agreed process for the finalisation of the Town Centres LEP adopted by the Planning Panel on 26 March 2008.

RECOMMENDATION: That the Planning Panel endorse the work program for the completion of the Town Centres and Dual Occupancy LEPs.

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Ku-ring-gai Planning Panel - 14 May 2008 1 / 2 Item 1 S06523, S06524 6 May 2008

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PURPOSE OF REPORT To present to the Planning Panel a work program for the finalisation of the Town Centres Local Environmental Plan (LEP) and the development of a local environmental plan relating to dual occupancy development.

BACKGROUND The Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008 was gazetted on 3 March 2007. Part 4 of the Order confers to the Planning Panel the functions of making local environmental plans covering the town centres and to control dual occupancy development. On 12 March 2008 the Planning Panel made resolutions to commence the preparation of a dual occupancy LEP and a comprehensive LEP covering the Town Centres. This second resolution facilitates the completion of the existing draft Town Centres LEP, including extending its coverage to include additional sites within the town centres boundaries identified in the maps contained in the gazetted Order. On 26 March 2008 the Planning Panel resolved a process for the completion of the Town Centres LEP. This was a 2 stage process whereby: • The first stage would see the LEP made substantially in the form it was submitted to the

Department of Planning in December 2006, subject to such amendments determined by the Panel which would not require further exhibition of the draft LEP. It was resolved that this LEP be presented for consideration to the Panel at a meeting before the end of June 2008.

• The second stage would consider more substantial amendments to the draft LEP including a

review of significant sites within the existing draft LEP, consideration of inclusion of additional sites, interface zoning, and consideration of open space and heritage issues.

As the amendments identified in the second stage would likely include additional sites or potential increase in the capacity of existing sites within the draft LEP, a new draft LEP and formal exhibition process would be required. The Planning Panel’s resolution on 26 March 2008 requested that the studies and reviews for these amendments continue to be prepared and a detailed timetable be prepared for the Panel’s consideration.

COMMENTS A work program for the completion of the Town Centres LEP and Dual Occupancy LEP has been developed in consultation with the Department of Planning. A copy of the proposed work program and time table is included as Attachment 1 to this report.

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Ku-ring-gai Planning Panel - 14 May 2008 1 / 3 Item 1 S06523, S06524 6 May 2008

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The work program takes into consideration the agreed two stage process for the finalisation of the Town Centres LEP adopted by the Planning Panel on 26 March 2008 and seeks to align this process with both the Dual occupancy LEP and Council’s Principal LEP. Council resolved a final work program and time table for the completion of its comprehensive (Principal) LEP on 29 April 2008. There are a number of studies which are currently being undertaken as part of Council’s comprehensive LEP which will also inform the making of the final Town Centres LEP.

CONSULTATION The proposed work program and timetable has been developed in consultation with the Department of Planning and was discussed with the Planning Panel members at a briefing on 30 April 2008. The attached work program identifies key consultation stages for the completion of the LEPs. It also includes update briefings for Councillors at key stages in the process.

FINANCIAL CONSIDERATIONS In finalising the LEPs covering the town centres and dual occupancy there may need to be significant additional work carried out by Council staff and/or using external contractors within different timeframes that it would ordinarily have been carried out in the Council’s comprehensive LEP process. The Panel’s resource requirements to complete the LEPs will be incorporated in Council’s 2008/2009 budget.

CONSULTATION WITH OTHER COUNCIL DEPARTMENTS In preparing this report other Departments of Council have been consulted where relevant.

SUMMARY Part 4 of the Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008 confers to the Planning Panel the functions of making Local Environmental Plans covering the Town Centres and to control dual occupancy development. A work program for the completion of the Town Centres LEP and Dual Occupancy LEP has been developed in consultation with the Department of Planning. The work program takes into consideration the agreed process for the finalisation of the Town Centres LEP adopted by the Planning Panel on 26 March 2008.

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Ku-ring-gai Planning Panel - 14 May 2008 1 / 4 Item 1 S06523, S06524 6 May 2008

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RECOMMENDATION

That the Planning Panel endorse the work program for the completion of the Town Centres and Dual Occupancy Local Environmental Plans.

Craige Wyse Team Leader Urban Planning

Andrew Watson Director Strategy

Attachments: Planning Panel Work Program Town Centres and Dual Occupancy LEPs - 928728

Page 10: A G E N D A - kmc.nsw.gov.au · A G E N D A ** ** ** ** ** ** NOTE: For Full Details, See Council’s Website – under the link to business papers APOLOGIES DECLARATIONS OF INTEREST

Planning Panel – Work Program – Town Centres and Dual Occupancy LEPs Updated 6/5/08

DRAFT 928728 1/6

Planning Panel – Work Program – Town Centres and Dual Occupancy LEPs

Panel Briefing/Workshop

Report to Panel

Council Briefing/Report

MEETING/ DATE

TOWN CENTRES Stage 1

(Group 1 & 2 Amendments)

DUAL OCCUPANCIES TOWN CENTRES

Stage 2 (Group 3 Amendments)

PRINCIPAL LEP

2nd mtg April (30/4/08)

Tripartite working group meets to: • Confirm their role and ToR • Review Panel’s timetable for Dual Occ and TC work • Reviews Council timetable for PLEP, Reclassifications, Heritage etc

2nd mtg April (30/4/08)

Panel briefing on progress of interface and open space planning.

Report to Council for s54 resolution and adoption of methodology and work program for PLEP

1st mtg May (14/5/08)

Panel briefed on draft broad strategic parameters for Dual Occupancy LEP/DCP eg.what areas in, what areas are out, other opportunities/constraints. Draft consultant’s brief for panel endorsement

Panel briefing on vegetation mapping.

Commence 62 consultation with State agencies on issues such as:

• Land holdings • Future infrastructure issues • Input into relevant LES

2nd mtg May (28/5/08)

Tripartite group consider proposed approach to Dual Occ and confirm process for LEP and DCP components.

2nd mtg May (28/5/08)

Panel briefed on final list of proposed Group 1 and Group 2 amendments and revised draft LEP

Council briefing on Dual Occ process Panel briefing on heritage planning process

PBW

PBW

RTP

CBR

PBW

PBW

PBW

CBR

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Planning Panel – Work Program – Town Centres and Dual Occupancy LEPs Updated 6/5/08

DRAFT 928728 2/6

MEETING/ DATE

TOWN CENTRES Stage 1

(Group 1 & 2 Amendments)

DUAL OCCUPANCIES TOWN CENTRES

Stage 2 (Group 3 Amendments)

PRINCIPAL LEP

1st mtg June (11/6/08)

Tripartite group reviews approach to Group1&2 amendments and confirms consistency with other Council work. Agree on s68 resubmission approach.

1st mtg June (11/6/08)

Panel to endorse formal proposal for s68 submission. Stage 1 submitted to DoP

Panel briefing on Employment Lands Study

Employment Lands Study reported to Council

2nd mtg June (25/6/08)

Panel receive report on draft Dual Occ LEP/DCP and how work from consultants and parameters set by Panel in May might be implemented in Ku-ring-gai.

Panel briefed on TC LEP issues common to all centres. Finalise process and timetable for completion – including consultation requirements.

Update reports on LESs: • Heritage • Vegetation Mapping and

NRM issues • Interface (outside Panel

areas)

July - August DoP gazettal timetable considered

S62 consultations on Dual Occupancy

Council briefed on process to finalise stage 2

1st mtg July (23/7/08)

Council briefed on draft Dual Occupancy DCP/LEP issues

Panel workshop on Gordon and Pymble centres Workshop to address appropriate LEP coverage for each Town Centre, zonings used, interface issues, review of contentious sites

2nd mtg July (30/7/08)

. As above for Roseville and Lindfield centres

.Update reports on LESs: • Traffic and transport • Affordable housing. • Open space and recreation

RTP

RTP

PBW

PBW

PBW

CBR

CBR

PBW

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Planning Panel – Work Program – Town Centres and Dual Occupancy LEPs Updated 6/5/08

DRAFT 928728 3/6

MEETING/ DATE

TOWN CENTRES Stage 1

(Group 1 & 2 Amendments)

DUAL OCCUPANCIES TOWN CENTRES

Stage 2 (Group 3 Amendments)

PRINCIPAL LEP

1st mtg August (13/8/08)

As above for St Ives and Turramurra centres

2nd mtg August (27/8/08)

Tripartite group consider approach to interaction between Town Centres (proper) and PLEP. E.g. How far with TC boundaries extend. What zones will TC pick up versus PLEP?

2nd mtg August (27/8/08)

Council briefed on outcomes of Town Centre workshops

1st mtg Sept (10/9/08)

Panel receive report on Dual Occ code after s62 and adopt approach to send to DoP for s65 certificate. Endorsement of draft DCP to recommend to Council.

Panel to receive report on the review and recommended amendments to Gordon and Pymble Town Centres. Report will confirm approach for zoning, Interface sites identified for review, additional sites. Comment on how interacts with PLEP and Heritage work undertaken by Council. Comment also provided on issues related to DCP also canvassed The expected yield and likely timeframe for development will be reported. NB. Tripartite group may meet before each Panel meeting to discuss.

2nd mtg Sept

Report draft Dual Occupancy DCP to Council for resolution to exhibit.

1st mtg October (14/10/08)

Draft Housing Strategy Reported to Council

PBW

CBR

RTP

RTP

CBR

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Planning Panel – Work Program – Town Centres and Dual Occupancy LEPs Updated 6/5/08

DRAFT 928728 4/6

MEETING/ DATE

TOWN CENTRES Stage 1

(Group 1 & 2 Amendments)

DUAL OCCUPANCIES TOWN CENTRES

Stage 2 (Group 3 Amendments)

PRINCIPAL LEP

2nd mtg October (22/10/08)

As above, but for Lindfield and Roseville Town Centres

October - November

Formal exhibition of Dual Occupancy LEP and DCP

1st mtg Nov 2nd mtg Nov (18/11/05)

As above, but for Turramurra and St Ives Town Centres.

1st mtg Dec (3/12/08)

Panel receive report on s68 submission to finalise Dual Occupancy LEP

Report Final Environmental Studies to Council – Council adopt principles for LEP to address findings of studies against subregional strategy objectives.

2nd mtg Dec

Final dual Occupancy DCP reported to Council of adoption.

December (08) – February (09)

S62 consultations

February (09) – May (09)

DoP gazettal timetable considered

Commence preparation of Draft LEP instrument

RTP

RTP

RTP

CBR

Page 14: A G E N D A - kmc.nsw.gov.au · A G E N D A ** ** ** ** ** ** NOTE: For Full Details, See Council’s Website – under the link to business papers APOLOGIES DECLARATIONS OF INTEREST

Planning Panel – Work Program – Town Centres and Dual Occupancy LEPs Updated 6/5/08

DRAFT 928728 5/6

MEETING/ DATE

TOWN CENTRES Stage 1

(Group 1 & 2 Amendments)

DUAL OCCUPANCIES TOWN CENTRES

Stage 2 (Group 3 Amendments)

PRINCIPAL LEP

1st mtg March (09)

Panel receives report on Final amendments to draft LEP. Endorsement of draft Town Centre DCP to recommend to Council. Submits to DoP for 65 certificate

2nd mtg March (09)

Report draft town centre DCP amendments to Council for resolution to exhibit.

Final housing strategy report to Council – takes into consideration final panel approach to town centres and dual occupancy.

April (09) – May(09)

45 day exhibition period, including centre by centre focus groups with Panel

June (09) – July(09)

Review of Submissions

Final consultation with state agencies (S.62)

August (09) Panel received report on draft s68 submission for finalisation.

Council adopt final Draft LEP to submit under Section 64

Sept (09) DoP gazettal timetable considered Draft plan submitted to the Department (S.64) Draft plan certified to enable exhibition (S.65)

February 2010 Planning Panel tenure expires

February (10) – March (10)

Environmental studies and draft LEP simultaneously exhibited (S.66)

April (10)- May (10)

Council considers submissions and makes amendments, as required.

RTP

CBR

RTP

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Planning Panel – Work Program – Town Centres and Dual Occupancy LEPs Updated 6/5/08

DRAFT 928728 6/6

MEETING/ DATE

TOWN CENTRES Stage 1

(Group 1 & 2 Amendments)

DUAL OCCUPANCIES TOWN CENTRES

Stage 2 (Group 3 Amendments)

PRINCIPAL LEP

June (10) Final Draft LEP adopted by Council. Council submits draft plan to the Department (S.68 (4))

Page 16: A G E N D A - kmc.nsw.gov.au · A G E N D A ** ** ** ** ** ** NOTE: For Full Details, See Council’s Website – under the link to business papers APOLOGIES DECLARATIONS OF INTEREST

Ku-ring-gai Planning Panel - 14 May 2008 2 / 1 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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DEVELOPMENT APPLICATION

SUMMARY SHEET

REPORT TITLE: 9 TELEGRAPH ROAD, PYMBLE - DEMOLITION OF EXISTING DWELLING & CONSTRUCTION OF SEPP (HOUSING FOR SENIORS OR PEOPLE WITH A DISABILITY) DEVELOPMENT COMPRISING 6 UNITS WITH BASEMENT CARPARKING FOR 13 VEHICLES

WARD: Gordon

DEVELOPMENT APPLICATION NO: 1337/07

SUBJECT LAND: 9 Telegraph Road, Pymble

APPLICANT: Warrick Hanna

OWNER: Deldale Pty Limited

DESIGNER: Winter Group Architects

PRESENT USE: Residential dwelling house

ZONING: Residential 2(c2)

HERITAGE: No

PERMISSIBLE UNDER: Ku-ring-gai Planning Scheme Ordinance

COUNCIL'S POLICIES APPLICABLE: SEPP (Housing for seniors or people with a disability) 2004, SEPP 55 - Remediation of Land, SREP 20 - Hawkesbury-Nepean River, DCP 56 - Notification, DCP 47 - Water Management, DCP 43 - Car parking, DCP 40 - Waste Management, DCP 31 - Access

COMPLIANCE WITH CODES/POLICIES: Yes

DATE LODGED: 20 December 2007

40 DAY PERIOD EXPIRED: 29 January 2008

PROPOSAL: Demolition of existing dwelling & construction of SEPP (Housing for seniors or people with a Disability) development comprising 6 units with basement carparking for 13 vehicles

RECOMMENDATION: Deferred commencement consent

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 2 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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DEVELOPMENT APPLICATION NO 1337/07 PREMISES: 9 TELEGRAPH ROAD, PYMBLE PROPOSAL: DEMOLITION OF EXISTING DWELLING &

CONSTRUCTION OF SEPP (HOUSING FOR SENIORS OR PEOPLE WITH A DISABILITY) DEVELOPMENT COMPRISING 6 UNITS WITH BASEMENT CARPARKING FOR 13 VEHICLES

APPLICANT: WARRICK HANNA OWNER: DELDALE PTY LIMITED DESIGNER WINTER GROUP ARCHITECTS PURPOSE FOR REPORT To determine Development Application No. 1337/07 for the demolition of existing dwelling & construction of SEPP (Housing for senior or people with a disability) development comprising 6 units with basement carparking for 13 vehicles. EXECUTIVE SUMMARY Issues:

Privacy, streetscape/residential character and access

Submissions:

Twenty (20) submissions received

Land & Environment Court Appeal:

N/A

Recommendation:

Deferred commencement consent

HISTORY Site history: The site has historically been used for residential purposes. Development application history:

• The application was lodged on 20 December 2007. • A request for additional information was sent to the applicant on 9 January 2008. The

information was received on 24 January 2008. • The application was referred to Council’s Engineering, Landscaping and Heritage Officers

for comment on 9 January 2008. The referrals were completed on 11 February 2008. • Neighbour notification commenced on 9 January 2008 and was completed on 18 February

2008. A one (1) week extension of time was granted to the owner’s of No. 11 Telegraph Road. Twenty (20) submissions were received.

• A letter advising the applicant to withdraw the application as a result of numerous issues was sent on 5 March 2008. Council officers raised concerns regarding building height and bulk, floor space, garbage storage, privacy, access, landscape and deep soil areas,

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 3 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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geotechnical assessment, manoeuvrability, vehicle access, BASIX, tree impacts, fencing, and owner’s consent.

• A meeting was held on 17 March 2008 with the applicant and his consultants regarding the issues raised in the letter. The applicant requested additional time on the basis that he would address the issues raised by Council’s officers and submit amended plans and the additional information required by Council staff.

• The application was referred to Council’s Manager of Waste on 18 March 2008. The referral was completed on 31 March 2008.

• The amended plans and additional information were received by Council on 11 April 2008. • The amended plans were referred to Council’s engineering and landscape officers. The

referrals were completed on 28 April 2008. THE SITE AND SURROUNDING AREA The site Zoning: Residential 2(c2) Visual Character Study Category: before 1920 Lot Number: A DP Number: 332132

Area: 1708.7m2

Side of Street: South-eastern Cross Fall: North-west to south-east Stormwater Drainage: Inter-allotment easement proposed Heritage Affected: No Integrated Development: No Bush Fire Prone Land: No Endangered Species: Yes – Blue Gum High Forest (no significant impacts) Urban Bushland: No Contaminated Land: No The site is located on the south-eastern side of Telegraph Road, Pymble. The site is irregular in shape, with a maximum width of 29.31 metres and a maximum depth of 62.24 metres, and a frontage to Telegraph Road of 30.48 metres. The site has an area of 1708.7m2. The site is situated on the low side of the street, with a fall of approximately 7 metres from the north-west to the south-east. Development currently on the site comprises a one to two storey dwelling, with an attached garage and carport (see Image 1 below). There is a low brick fence along the front boundary. The rear of the site is overgrown and contains a number of large trees adjacent to the rear boundary.

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 4 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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Image 1: Existing dwelling Surrounding development The site is surrounded by residential development. The adjoining property to the east is a hatchet shaped allotment known as No. 11 Telegraph Road. The property contains a single storey dwelling, with an attached carport and ancillary swimming pool. The main dwelling is located towards the southern part of the site. There is a smaller, secondary, building towards the frontage of the site. The site is zoned Residential 2(c2). The adjoining property to the west is known as No. 7 Telegraph Road. The property contains a single storey dwelling. The site is zoned Residential 2(d3). The adjoining property to the south is known as No. 16B Park Crescent and is zoned Residential 2(c2).

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 5 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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Image 2: Existing subdivision pattern around the subject site THE PROPOSAL The proposal involves demolition of the existing single dwelling and erection of a SEPP (Housing for seniors or people with a disability) development. The proposed development is comprised of six (6) dwellings and a basement car park containing 12 resident car spaces and one (1) visitor car space. The proposed units are described as follows: Dwelling 1: Proposed Dwelling 1 is located at lower ground level and contains three (3)

bedrooms. The dwelling has a covered rear terrace, two (2) car parking spaces and a storage area in the basement car park. The dwelling has an area of 137.45m2.

Dwelling 2: Proposed Dwelling 2 is located at lower ground level and contains three (3) bedrooms. The dwelling has a covered rear terrace, two (2) car parking spaces and a storage area in the basement car park. The dwelling has an area of 133.95m2.

Dwelling 3: Proposed Dwelling 3 is located at ground level and contains three (3) bedrooms. The dwelling features a small front terrace and a large rear terrace surrounded by a planter box. The dwelling has two (2) car parking spaces, a storage area in the basement car park and an area of 146.7m2.

Dwelling 4: Proposed Dwelling 4 is located at ground level and contains three (3) bedrooms. The dwelling features a small front terrace and a large rear terrace surrounded by a planter box. The dwelling has two (2) car parking spaces, a storage area in the basement car park and an area of 144.47m2.

Dwelling 5: Proposed Dwelling 5 is located first floor level and contains three (3) bedrooms. The dwelling features a small front terrace and a large rear terrace surrounded by a planter box and a 1.8m high privacy screen. The dwelling has two (2) car parking spaces, a storage area in the basement car park and has an area of 146.7m2.

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 6 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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Dwelling 6: Proposed Dwelling 6 is located first floor level and contains three (3) bedrooms. The dwelling features a small front terrace and a large rear terrace surrounded by a planter box. The dwelling has two (2) car parking spaces, a storage area in the basement car park and has an area of 144.47m2.

The proposed development features an access ramp from Telegraph Road, Pymble. All dwellings can be accessed via the ground floor lobby or stairs or lift from the basement car park. The proposal features a garbage storage area in the basement, as well a gardener’s storage area. There is a garbage collection point adjacent to the front property boundary. The proposal includes a front fence comprised of 1.8 metres high brick pillars with metal infill panels. The proposed development will be constructed from rendered brickwork with a tiled roof. Amended plans received 11 April 2008 Amended plans and supporting documentation were requested by Council regarding building height and bulk, side setbacks, access, deep soil area, manoeuvrability, vehicular access, pedestrian access, privacy and geotechnical issues. In response, the following additional information was submitted:

• amended architectural plans showing reduced building height and increased setbacks, as well as an architectural section addressing sight lines

• amended landscape plan addressing minor landscape issues • deep soil and landscaping compliance diagrams • templates showing vehicular manoeuvrability • geotechnical report (prepared by Jeffery and Katauskas Pty Ltd) • peer review of access report by Access Associates Sydney • amended BASIX certificate • letter and supporting photographs addressing privacy issues

In accordance with DCP 56, the amended plans were not notified to surrounding residents as the proposed amendments do not result in a greater environmental impact than the original proposal. CONSULTATION - COMMUNITY The following comments have been received: In accordance with Council's Notification DCP, owners of adjoining properties were given notice of the application. In response, submissions were received from the following:

1. Mr M. Hoskins – No. 20 Park Crescent, PYMBLE 2. Mr G. & Mrs D. Withers – No. 18 Taunton Street, PYMBLE (multiple submissions) 3. Mr S. Stefanic & Ms A. Rowland – No. 11 Telegraph Road, PYMBLE (multiple submissions) 4. Ms C. Kuiper – No. 13 Telegraph Road, PYMBLE [multiple submissions]

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 7 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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5. Mrs B. Proudford – No. 7/3 Telegraph Road, PYMBLE 6. Mr A. Godfrey-Smith – No. 2 Telegraph Road, PYMBLE 7. Ms E. Tully – No. 4/3 Telegraph Road, PYMBLE 8. Mr Y. Chung – No. 1/3 Telegraph Road, PYMBLE 9. Mr K. Rae – No. 3/3 Telegraph Road, PYMBLE 10. Mrs A. Hodgins – No. 5/3 Telegraph Road, PYMBLE 11. Mr T. Fitzpatrick – No. 10/3 Telegraph Road, PYMBLE 12. Mrs M. Sheppard – No. 13/3 Telegraph Road, PYMBLE 13. Mrs G. & Ms I. Barnes – No. 15/3 Telegraph Road, PYMBLE 14. Mr M. Middleton – No. 20 Taunton Street, PYMBLE 15. Mr S. Ward – No. 22 Park Crescent, PYMBLE 16. Mr G. Williams – No. 2 Merrivale Road, PYMBLE 17. Ms G. Bricker-Katz – No. 12 Park Crescent, PYMBLE 18. J. H. Kim – No. 11/3 Telegraph Road, PYMBLE 19. Mr H. Ahn – No. 22 Taunton Street, PYMBLE 20. Mr R. Peng – No. 16 Park Crescent, PYMBLE

The submissions raised the following issues: Circumvention of Council’s planning controls The proposed development is permitted under SEPP (Housing for seniors or people with a disability) which overrides Council’s planning controls. It is noted that the subject site was rezoned Residential 2(c2) under LEP 194, which was gazetted on 28 May 2004. This zoning was intended to provide a buffer between the Residential 2(c) zone and Residential 2(d3). The Residential 2(c) zone permits two storey development and the 2(d3) zone permits five storey development. In this regard, the proposed two (2) storey development provides an appropriate transition between the zoning of adjoining properties. Height, scale and building footprint The proposed development is two (2) storeys in height and complies with the height requirements of the SEPP. The subject site slopes away from the street and the proposed development presents as a one to two (2) storey development to the street frontage. This is consistent with the scale of development on adjoining sites. The proposal also complies with the deep soil zone and landscaping requirements of the SEPP and has an appropriate building footprint. Heritage and landscape character of the locality The subject site is not heritage listed and does not adjoin any heritage listed properties. Council’s Heritage Officer has reviewed the proposed development and has no objection to the proposal on heritage grounds. Council’s Landscape Officer has assessed the proposed development and is satisfied that the proposal is consistent with the landscape character of the locality. The proposal includes a mix of native and exotic plantings that are characteristic of the local area. There are adequate canopy

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 8 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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tree plantings, understorey and ground covers throughout the site, with two (2) relatively small lawn areas at the rear of the dwellings. Tree removal The proposal involves the removal of twelve (12) trees. Six (6) trees to be removed are exempt under Council’s Tree Preservation Order and two (2) are in poor condition. Two (2) trees to be removed are in good condition and the remaining two (2) are in fair condition. None of the trees proposed for removal are considered to have high landscape value. It is proposed to replace the trees with canopy trees from the appropriate vegetation community. It is also proposed to provide shrubs for screen planting along the eastern, southern and western property boundaries. Retaining walls along these boundaries have been deleted or relocated and lowered in order to provide sufficient area for screen planting. Overlooking of Nos 11 and 13 Telegraph Road The adjoining property to the east, No. 11 Telegraph Road, comprises a main dwelling towards its southern (rear) boundary and a secondary building towards its northern (front) boundary. The western elevation of the main dwelling features a carport and sunroom. The swimming pool is not adjacent to No. 9 Telegraph Road, Pymble. With regard to the secondary building, the applicant has increased the setback to the eastern side boundary to 2.5 metres. This setback is comparable to that required for a single occupancy dwelling and provides sufficient area for screen planting. In relation to the main dwelling, it is noted that the terrace to Dwelling 2 is located 3.3 metres from the eastern side boundary and approximately 14 metres from any windows of No. 11 Telegraph Road, Pymble. To prevent overlooking from this terrace, Condition 16 has been recommended, requiring provision of a privacy screen. This privacy screen, in combination with the proposed screen planting and reasonable setbacks (2 to 4 metres), will ensure Dwelling 2 does not have any unreasonable privacy impacts on No. 11 Telegraph Road. The terrace to Bedroom 3 is sufficiently set back from the eastern side boundary and features a privacy screen and planter box to prevent overlooking of the adjoining property, No. 11 Telegraph Road. It is noted that the ground floor level of the proposed development is approximately 4 metres higher than the floor level of No. 11 Telegraph Road. The applicant has submitted a sight line section addressing this issue. It is considered that the proposed setbacks, screen planting, planter boxes and privacy screens will prevent unreasonable overlooking of No. 11 Telegraph Road, Pymble from the subject site. Minimal fill is proposed for landscaping purposes. Approximately 500mm of fill is proposed for the rear lawn area, with the retaining wall set back in excess of 2 metres from the eastern side boundary. The setback of the retaining wall, in combination with the proposed screen planting, will ensure the proposal does not result in any unreasonable privacy impacts.

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 9 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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The proposed development is located approximately 16 metres from the dwelling at No. 13 Telegraph Road and approximately 18m from its private open space. These generous setbacks, in combination with the proposed planter boxes and privacy screens, will ensure the proposed development will not result in any unreasonable privacy impacts to this property. Damage to trees to be retained on the subject site No trees are to be retained on the subject site. Existing stormwater pipe has insufficient capacity It is proposed to construct a new inter-allotment drainage easement through No. 16B Park Crescent Pymble. The existing 915mm wide drainage easement located at the rear of the property will not be utilised as part of this development. The stormwater management systems required as part of this development will incorporate extensive on-site detention/retention systems. This will attenuate and control stormwater flows into Park Crescent. Access to Pymble train station and shops

Clause 26(2)b of the SEPP states that, in the case of development in a local government area within the Sydney Statistical Division, there must be a public transport service located within 400 metres of the site that will take residents to the services and facilities referred to in clause 26(1) of the SEPP.

The submitted Access Report indicates that there is a bus stop located within 400 metres of the site. Buses using this route transport residents to the Gordon shops, which meets the requirements of clause 26(1) of the SEPP. This is confirmed by the peer review Access Report submitted by the applicant.

Damage to trees and fences on adjoining properties

This matter has been investigated by Council’s Landscape Officer. Consultation with an arborist will be required in determining the route of the proposed inter-allotment drainage easement and suitable construction methods to ensure the longevity of existing trees to be retained. Condition 57 requires an arborist to be onsite during the stormwater works.

Stormwater disposal to Telegraph Road, Pymble cannot be achieved by virtue of the topography of the site, which slopes away from the street. Visitor parking

There is no requirement for visitor parking under the SEPP. Nonetheless, one (1) visitor parking space is proposed.

Inadequate bus services

The submitted Access Report states that the proposal complies with the access requirements of the SEPP. The Access Report states that Shorelink bus routes 590 and 579 will service the development, in accordance with clause 26(2)b of the SEPP.

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 10 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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Traffic congestion and limited street parking A Traffic Report has been submitted which calculates that, in accordance with the RTA’s Guide to Traffic Generating Development (October 2002), the development will yield a total weekday peak period traffic generation potential in the order of one (1) vehicle trip per hour. This is considered a very low traffic generation. There are no requirements for street parking under SEPP (Housing for seniors and people with a disability). Compliant resident car parking is provided on site. One (1) visitor space is also proposed. The proposal blocks solar access to the private open space and living rooms of No. 11 Telegraph Road Clause 35 of the SEPP states that development must maintain adequate daylight to the main living areas of neighbours in the vicinity and adequate sunlight to substantial areas of private open space. The SEPP states that AMCORD may be referred to in establishing adequate solar access and dwelling orientation appropriate to climatic conditions. Element 5.10 of AMCORD specifies that three (3) hours of sunlight must be provided to north-facing windows of living areas between 9am and 5pm. The proposed development maintains in excess of three (3) hours solar access to all windows at No. 11 Telegraph Road, Pymble. It should also be noted that in excess of three (3) hours of solar access would be maintained to the private open space of this property. No consideration for the approval of two dwellings at No. 11 Telegraph Road Development Application No. 1282/03 for Alterations and additions to the main dwelling and replacement of the roof to the secondary building was approved on 9 July 2004. Council’s records do not indicate that the building has been approved for use as a separate occupancy. Information provided by the applicant suggests that the secondary building was constructed in the 1960s and was originally approved as a doctor’s surgery. Regardless of the approved use of the building, the applicant has provided amended plans showing a greater setback of 2.5 metres from the eastern side boundary. Absence of internal and external communal areas There is no requirement for communal areas under the SEPP. Site compatibility certificate not provided The SEPP states that a site compatibility certificate is required on certain land and when the development involves buildings having a floor space ratio that would require the consent authority to grant consent under clause 45. Clause 45 relates to vertical villages. As the proposed development is not a vertical village, a site compatibility certificate is not required.

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Structural damage to nearby dwellings during construction A geotechnical report has been submitted with the application. The report recommends that dilapidation reports be undertaken prior to and after construction. The report also recommends that further geotechnical assessment be undertaken prior to any works commencing. These recommendations have been included as conditions of consent (Conditions 41 and 42). Survey does not show boundaries or correct site area The submitted site survey has been prepared by a registered surveyor (Andrew Gilbert of A. C. Gilbert & Co Surveyors) and Council officers are satisfied as to its accuracy. The objector has not provided any evidence (i.e. an alternate survey) to support this claim. Calculation of floor space ratio The applicant has stated that the proposed floor space ratio is 0.4991:1. The floor space ratio has been calculated by Council officers as 0.5:1. This calculation was made in accordance with the definition of floor space ratio under the SEPP. No lifts are provided An internal lift is provided from the basement to the first floor level, which complies with the access requirements of the SEPP. Compliance with SEPP and Code Compliance with SEPP (Housing for seniors and people with a disability) is addressed in the legislative requirements section of this report. Development Control Code No. 1/2003 - Housing for older people and people with a disability was intended by Council to act as a companion document to SEPP No. 5. SEPP No. 5 has since been repealed. The Code has no statutory weight under the Environmental Planning and Assessment Act 1979 and is considered by Council as a guide only. It is noted that some of the requirements of the Code exceed those of the current SEPP. Council has no legislative power to enforce these requirements. CONSULTATION - WITHIN COUNCIL Heritage Council's Heritage Advisor, Paul Dignam, commented on the proposal as follows:

Heritage status The site is not identified as having heritage significance but is within the vicinity of several heritage items, including:

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 12 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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• Water Reservoir at No. 2A Telegraph Rd (state item) • No. 15 Telegraph Road • No. 17 Telegraph Road • No. 21 Telegraph Road • Church and Manse at Corner of Merrivale and Telegraph Road

The site was identified as a contributory item in the National Trust UCA No. 17 - Pymble. The UCA is non-statutory. Comments The site was inspected on 7 February 2008. The existing house appears to date to circa 1930 and is a reasonable example of a brick house of the period. It is not aesthetically distinctive and is reasonably intact, despite its existing dilapidated appearance. It appears to be vacant with over grown yards. The rear of the site contains remnants of an early tennis court. There is no heritage objection to its demolition, however photographic recording is recommended because it is graded as contributory to the UCA and has some local historic value. The adjoining house at No. 11 Telegraph has not been identified in previous heritage studies, but has some historic and aesthetic values. It is a Federation period house located to the rear of a large site and has a separate gate house (now modified) presenting to the street. It appears to have been sited in a garden to take advantage of views to the city that would have been available when constructed but which are now limited due to tree screening. Historically, the house was occupied by a prominent family and a hall was constructed next to the gate house in Telegraph Road. The site was associated with a school for a number of years. The hall was demolished for the existing house at No. 13 Telegraph Road, Pymble n the 1960s. The proposed development is of a two (2) to three (3) storey scale but set down from the street level due to the slope on the site it would appear to be two storey as the lower floor is essentially a basement level dwelling. There is a considerable difference in levels between the proposed development and the house at No 11 Telegraph. The ridge at No. 11 is RL 167.18 and the RL of the development is 178.64 (at ridge). Thus, there is a difference of over 10 metres. It is reasonable to assume there would be overlooking and some overshadowing, but there is reasonable separation between the buildings (about 15 metres). The nearby heritage items are not directly adjoining the site and are considered to be outside the immediate curtilage. I consider the proposed development would not have adverse impacts on them. As infill, the proposed development would have some impact on the existing streetscape/UCA. The building is a relatively restrained form with a hipped type tiled roof that relates to the surrounding area. The colour scheme of the development should be recessive (i.e. mid tones) to assist with its relationship with the surrounding streetscape/UCA. The front fence is masonry piers and metal picket type infill. While

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this is generally acceptable, the height is excessive and should be reduced to about 1200mm to respond to the streetscape/UCA. Conclusions and recommendations As the house is not identified as having any heritage significance, it is not reasonable to oppose demolition. As the house is a reasonable example of its type and has some historic values, archival photographic recording of the house is appropriate. The replacement building would be a new element in the streetscape/UCA and the external colours should be recessive – mid tones to assist in an appropriate relationship. The front fence should be reduced in height to about 1200mm to respond to the streetscape/UCA. Although No. 11 Telegraph Road, Pymble is not a heritage item, it has aesthetic and historic values and overlooking/overshadowing should be considered.

The site is located in the ‘pre-1920’ Visual Character area, which is characterised by front fences up to a height of 1.8 metres in certain circumstances. A site inspection revealed a large number of front fences in the locality, including a high gate at No. 11 Telegraph Road, Pymble and high solid fences at Nos. 13 and 15 Telegraph Road, Pymble. The proposed fence is consistent with the existing streetscape character and is acceptable on this basis. The overlooking and overshadowing impacts of the proposed development have been assessed against the requirements of SEPP (Housing for seniors or people with a disability) and are detailed later in this report. The proposed development does not result in any unreasonable overlooking or overshadowing impacts. The submitted colour sample indicates that the development is to be painted in a colour named ‘Potters clay.’ ‘Potters clay’ is a neutral mid-tone colour which will be a recessive element in the streetscape. The recommendation includes a condition requiring the provision of a sample board prior to issue of the Construction Certificate (Condition 14). Condition 6 (requiring archival photographic recording of the existing house) must be satisfied prior to the commencement of any works including demolition. Landscaping Council's Landscape Officer, Robyn Askew, commented on the proposal as follows:

Plans/reports sighted

Plan/Document Designer Drawing No. Date Architectural Winter Group 20708 DA-00 to 07

Revision B 20708 DA-10 & 11 Revision A

02/04/08 April 2008

Survey AC Gilbert & Co 03080-9 Rev. A 08/08/07 Stormwater MYD SW-01 to 03

Revision E 02/04/08

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 14 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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Plan/Document Designer Drawing No. Date Landscape Bill Muir LA-DA01 to 03

Issue B March 2008

Basix 185687M 09/04/08 SEE Boston Blyth Fleming December 2007 Arborist’s Report Treescan December 2007

Tree & vegetation removal & impacts The applicant has made amendments to the proposal to preserve Tree 7 a Cupressus macrocarpa (Monterey Cypress) located on the adjoining property, No. 11 Telegraph Road. The impact to the tree is within acceptable limits and there should be only minimal pruning required. Conditions will be imposed for the installation of the drainage easement which will pass through the adjoining property, No. 16B Park Crescent, to preserve a Grevillea robusta (Silky Oak), Quercus robur (English Oak), Araucaria heterophylla (Norfolk Island Pine), Jacaranda mimosifolia (Jacaranda) and a Livistona australis (Cabbage Tree Palm) located on the northern boundary. No other trees located on adjoining properties will be affected by the proposal. No objection is raised to the removal of the following trees;

Species Height & Condition Tree 4 – Melaleuca armillaris (Bracelet Honey Myrtle) / Northern (front) boundary

under 5 metres in height (Exempt)

Tree 8 – Cupressus macrocarpa (Monterey Cypress) / South eastern corner

12 metres high in good condition

Tree 9 – Liquidambar styraciflua (Liquidambar) / Western side boundary

15 metres high in fair condition

Tree’s 10 to 14 – 5 x Cinnamomum camphora (Camphor laurel) / Southern (rear) boundary

under 15 metres in height (Exempt)

Tree 15 – Ulmus parvifolia (Chinese Elm) / South western corner

8 metres high in good condition. Suppressed canopy.

Tree’s 16 – Cupressus sempervirens (Italian Cypress) / Western side boundary

12 metres high in poor condition.

Tree’s 17 – Cupressus sempervirens (Italian Cypress) / Western side boundary

13 metres high in fair to good condition.

Sapium sebiferum (Chinese Tallow Tree) / Eastern side boundary, offset 17 metres from front boundary

5 metres high in poor condition

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Ku-ring-gai Planning Panel - 14 May 2008 2 / 15 9 Telegraph Road, PymbleItem 2 DA1337/07 30 April 2008

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Landscape plan/tree replenishment The following amendments have been made to the landscape proposal: • To improve neighbour amenity along the eastern, western and southern boundaries, retaining walls have been deleted/relocated and lowered. This has effectively improved the width of the garden beds which will allow for the establishment of effective screen planting. • To comply with BASIX, 139m2 of indigenous and low water use plants have been included along the southern (rear) boundary. • The property will attain 11 canopy trees, including eight (8) locally occurring species and three (3) exotics. Following discussions with the applicant, Warrick Hanna, the following amendments will be carried out to provide additional soil width within the property for the establishment of screen planting: • The retaining wall on the eastern side boundary adjacent to Unit 3 shall be relocated a minimum distance of 1.5 metres from the side boundary and the soil depth above the basement carpark shall be a minimum of 700mm. • The retaining wall on the eastern side boundary adjacent to Bedrooms 2 & 3 of Unit 2 shall be relocated a minimum distance of one (1) metre from the side boundary. Deep soil The compliance diagrams provided by the applicant indicate that the proposal complies with the Clauses 81(c)(ii) & 81(d) of the Seniors Living Policy. The proposal states that it will provide 20.3% deep soil and 33.3% landscaped area. BASIX The landscape plan complies with BASIX i.e., 139m2 of indigenous and low water use plants. Stormwater plan Conditions will be imposed to preserve trees located on adjoining properties within 9 Telegraph Road and No. 16B Park Crescent. Conclusion Landscape Assessment finds the proposal acceptable in relation to landscape issues subject to conditions.

Council’s Landscape Officer has no objection to the amended proposal, subject to appropriate conditions (Conditions 11-13, 17, 24, 56-63 and 65).

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Engineering Council's Development Engineer, Masahiro Kimura, commented on the proposal as follows:

Engineering summary In summary, the engineering aspects of the application are considered satisfactory by Development Engineers, subject to the imposition of the engineering conditions. Site drainage I refer to the submitted drainage plans by MYD Consulting Engineers Pty. Ltd (refer Job No. P1248, Revision E, dated 2/4/2008). This drainage submission incorporates the following stormwater management facilities and works for the development: • Minimum 11,500L’s of rainwater re-use tank storage in accordance with

BASIX commitments. • Council’s Storage Requirement (DCP47) provided as a dual OSD/OSR system.

The site storage design needs to be modified to comply with DCP47. • Stormwater piped to an interallotment drainage easement to be created

through a downstream property. This will become the basis of a deferred commencement consent.

• The concept drainage plan is suitable for DA approval, with required modifications. The drainage plan shall not be stamped at this stage as it is suitable as a concept design only and will require advancement/refinement prior to Construction Certificate issue (needs to be updated in order to comply with DCP47 & BASIX).

Traffic generation and vehicle access and accommodation arrangements I refer to the submitted plans by Winter Group Architects Pty. Ltd (refer Job No. 20708, Revision B, dated 2/4/2008). This submission incorporates the following traffic access and accommodation arrangements: • A new driveway crossing and layback location to be established. • The proposed off-street car parking dimensions, driveway grades, widths and

turning areas comply with AS/NZS 2890.1 (2004) - "Off-street car parking" and SEPP Seniors Living.

• A convex mirror has been recommended in order to provide safe vehicle movement through the basement carpark.

Geotechnical I refer to the submitted report by Jeffery and Katauskas Pty Ltd (refer Report No. 22058Vlet.Pymble, dated 11 April 2008). This submission incorporates the following geotechnical considerations:

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• The proposal is feasible, subject to further geotechnical investigations and designs.

• A dilapidation report/survey on adjoining structures within the influence zone of investigation has been recommended.

Works in the public road A Construction and Traffic Management Plans will be required to ensure works associated with the development maintain safe pedestrian and vehicle movements. The existing footpath and kerb and gutter fronting the property are in reasonable condition. Also, the footpath required to provide access to the bus stop on the Pacific Highway is in a satisfactory state. Kerb ramps on both southern and northern sides of Pacific Highway are required to provide pedestrian access to the site from the northbound 590 Shorelink bus. Garbage collection As garbage is proposed to be collected from the street, Council’s internal garbage service is not applicable.

With reference to the proposed inter-allotment drainage easement, Council officers are advised that negotiations are currently taking place between the applicant and the affected property. Council’s Development Engineer has no objection to the amended proposal, subject to appropriate conditions (Conditions 7-10, 18, 21-23, 25-32, 39-41, 47-48, 50-55, 66-76). Waste Council's Manager of Waste, Drainage and Cleansing, Colin Wright, commented on the proposal as follows:

The “collection area” would be suitable, providing the location upon the driveway is level at the bin collection point .Vehicles are operating when servicing and rely on the handbrake to hold them stationary. A condition should be applied which prohibits bins from being permanently stored in the collection area. Bins should only be stored in this area for not more than one (1) day per week. The Bin storage room located in the basement appears suitable, however a condition should be applied to ensure its large enough to accommodate 12 bins in total. Further conditions relating to the construction should be applied i.e. steel trowel finish for walls and floors, hot and cold hose cocks for cleaning, ventilation (natural or mechanical), night lighting, floor waste to sewer.

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The “Waste Plan” by The Winter Group indicates “Ongoing management of waste on-site (e.g. Lease conditions, caretaker / manager on site)” is noted, however what provisions or instruments are in place that could be applied to tie the applicant or future owners to this type of arrangement. There are only six (6) 6 units and a building of this size would not normally have on-going site management. Further, regardless of who is transferring bins to the collection location, issues relating to OH&S could be a factor that prevents or limits this type of operation from continuing. If the above is not feasible, them internal access should be considered. It is noted no front gates are proposed for this development. For waste services to be provided in the manner proposed no gates are to be provided without prior consent.

As per the recommendations of Council’s Waste Manager, conditions have been recommended regarding the construction of the garbage storage area and the use of the garbage collection area (Conditions 15 and 78). STATUTORY PROVISIONS State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Clause 18 of SEPP (Housing for seniors or people with a disability) 2004 states that development may be carried out only with development consent unless another planning instrument allows the development without consent. The proposed development requires the consent of Council pursuant to the provisions of Ku-ring-gai Planning Scheme Ordinance. Clause 26 of SEPP 2004 (Housing for seniors or people with a disability) requires that Council must not grant consent to a development application made pursuant to this chapter unless satisfied by written evidence of certain site related requirements have been met. Compliance with the requirements of clause 26(1) and (2) is indicated in the table below:

COMPLIANCE TABLE Clause Requirement Compliance

clause 26(1)

Access to shops, banks, other retail and commercial services, community services and the practice of a general medical practitioner.

YES

26(2) Located at a distance of not more than 400m from the site of the proposed development or is within 400m of public transport which will take the residents to the above mentioned services and via a route with satisfactory gradients.

YES

Is available both to and from the development at least once between the hours of 8am-12pm and 12pm – 6pm each day from Monday to Friday.

YES

The submitted access report states that the shopping precinct at Gordon meets the requirements of clause 26(1) with regard to services and facilities. In accordance with clause 26(2)b, there is a

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bus route that is located within 400 metres of the site (Shorelink Route 590). The south bound bus stop is located approximately 170 metres from the site and the north-bound stop is located approximately 363 metres from the site. The stops are situated in close proximity to the junction of Telegraph Road and the Pacific Highway, Pymble. The access report states that the gradient to the bus stop complies with the requirements of SEPP (Housing for seniors or people with a disability). This is also confirmed by the peer review access report submitted by the applicant. In accordance with clause 26(2)b, the service has two outward services between 8am and 12pm and two return services between 12pm and 6pm. The access report also indicates that the proposal is within 400 metres of the bus stop for the Shorelink Route 579 service to Pymble Train Station. The stop for this service is located on the opposite side of Telegraph Road. The bus service has one service between 8am and 12pm and eight services between 12pm and 5pm. Clause 28 (Water and sewer), states that Council must not grant consent to a development application unless satisfied by written evidence that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewerage. The site is connected to the sewer system and reticulated water is provided. Clause 30 (Site analysis), requires a site analysis be carried out and submitted to the consent authority. A site analysis was submitted to Council, prepared by an architect. This analysis, together with other documentation in the development application, provides all the necessary information for assessment purposes under this clause. Clause 32 (Design of residential development), requires that consent must not be granted unless the consent authority is satisfied that adequate regard has been given to the following principles: Neighbourhood amenity and streetscape: The proposed development recognises the desirable elements of the surrounding locality by limiting height at street frontage and providing a landscaped setting. The subject site is located in a non-statutory Urban Conservation Area and sensitively harmonises with nearby heritage items. The amended proposal is a maximum of two (2) storeys in height and features side building setbacks of 2-2.5 metres. The height and setbacks of the development are comparable with Council’s requirements for single occupancy dwellings and are acceptable. The proposed development will appear from the street as one (1) to two (2) storeys in height. Whilst the immediately adjoining development is single storey in height, development in the locality is generally two (2) storeys in height. It is also noted that the adjoining property to the west, No. 7 Telegraph Road, Pymble is zoned for medium density development and is likely to be redeveloped in the future. The front setback of the proposed development, at 11.2 metres, is sympathetic to adjoining development and is landscaped appropriately.

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Visual and acoustic privacy: Issues relating to visual privacy have been addressed in detail in the ‘Community Consultation’ section of this report. Site planning has been used to ensure the proposed development is appropriately set back from dwellings on adjoining properties. Screen planting has been utilised to maintain privacy to the private open spaces and windows of adjoining properties, and planter boxes have been used to reduce overlooking from balconies. In addition, the applicant has proposed privacy screens to the terraces of Dwellings 3, 4 and 5. Furthermore, Condition 16 requires the provision of privacy screens to the terraces of the remaining dwellings. Adequate separation has been achieved between bedrooms and living areas of adjoining dwellings. Separation between bedrooms and driveways/pathways has been maximised wherever possible. Solar access and design for climate: Clause 35 of the SEPP states that development must maintain adequate daylight to the main living areas of neighbours in the vicinity and adequate sunlight to substantial areas of private open space. The SEPP states that AMCORD may be referred to in establishing adequate solar access and dwelling orientation appropriate to climatic conditions. Element 5.10 of AMCORD specifies that three (3) hours of sunlight must be provided to north-facing windows of living areas between 9am and 5pm. The proposed development maintains in excess of three (3) hours solar access to all north-facing living room windows of adjoining dwellings. Stormwater: An inter-allotment drainage easement is proposed in order to control and minimise the impacts of stormwater runoff on adjoining properties. Crime prevention: The shared entrance to the lobby serves a small number of dwellings. i.e. six (6). The proposed development allows for general observation of public areas, with Dwellings 3, 4, 5 and 6 overlooking the front setback and entrance path. Residents will be able to see persons approaching their door through the use of a spy hole or electronic viewer. Accessibility: The proposed entrance path provides an obvious and safe pedestrian link from the development to Telegraph Road Pymble. Parking for residents and visitors is conveniently located in the basement level car park. The dwellings can be accessed from the car park via the proposed stairs and lift.

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Waste management: The proposal features a waste management room that complies with the requirements of Australian Standard 1428.1. Clause 40 (development standards) provides that a consent authority must not grant consent to a development application made pursuant to this chapter unless the proposed development complies with the standards specified in this clause.

COMPLIANCE TABLE Development standard Proposed Compliance Site area: 1000m2 (min) 1708.7m

2 YES

Site frontage: 20m (min) 30.48m to Telegraph Road. YES

Height: 8m (max) 7.5m YES Height: 2 storey (max) adjacent to a boundary of the site

two (2) storeys YES

Height: A building located in the rear 25% area of the site must not exceed 1 storey in height

Development is not proposed within the rear 25% of the site.

YES

Clause 41 provides that a consent authority must not consent to a development application made pursuant to this chapter unless the proposed development complies with the standards specified in Schedule 3 for such development. Part 7 - Development standards that cannot be used as grounds to refuse consent Clause 50 of SEPP (Housing for Seniors or People with a Disability) 2004 stipulates standards which cannot be used to refuse development for self-contained dwellings. These standards are as follows:

COMPLIANCE TABLE Development standard Proposed Compliance Clause 50(a) (building height) Height to be less than 8.0 metres

7.5 metres

YES

Clause 50(b) (density and scale) 0.5:1

0.5:1

YES

Clause 50(c) (landscaped area) Minimum 30% of the site to be landscape area

33.3% of the site is landscaped area

YES

Clause 50(d) (deep soil zones)

15% site area (162.15m2) with two thirds

(97.29m2) being located at the rear of the site

with a minimum dimension of 3m.

20.3% of the site is deep soil zone Deep soil zone is located at the rear of the site and has a

YES

YES

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COMPLIANCE TABLE Development standard Proposed Compliance

minimum dimension of 7.84 metres

Clause 50(e) (solar access) Minimum of 70% of dwellings receive minimum 3 hours direct sunlight between 9am-3pm in mid-winter.

66.6% of the Dwellings (3, 4, 5 and 6) receive in excess of 3 hours direct sunlight between 9am and 3pm mid-winter

NO

Clause 50(f) (private open space)

• Single level or ground floor dwellings = 15m2

(incl. Area 3m x 3m accessible from living area)

• All other dwellings = balcony min. 10m2 (not

less than 2m in length and accessible from a living area)

Dwellings 1 to 4 have terraces ranging in size from 33.45m2 to 99.01m2, with an area of at least 3 metres x 3 metres Dwellings 5 and 6 have balconies ranging in size from 55.6m2 to 55.94m2

YES

YES

Clause 50(h) (parking) (i) 0.5 car spaces for each bedroom where the application is made by a person other than a social housing provider (or 9 spaces)

12 resident car spaces and one (1) visitor car space are proposed

YES

Clause 50(e) Solar access Clause 50(e) provides that living rooms and private open of 70% of the dwellings of the development should receive a minimum of three (3) hours direct sunlight between 9am and 3pm in mid-winter. The proposed development will receive three (3) hours of solar access to 66.6% of the dwellings (Dwellings 3, 4, 5 and 6). The proposal therefore exhibits a minor non-compliance (3.4%) with this requirement, with Dwellings 1 and 2 receiving less than the required amount of direct sunlight. Nonetheless, the terms of clause 50 are such that development could be carried out under the Act notwithstanding that it does not comply with clause 50. Indeed, the note to clause 50 specifically states ‘the provisions of this clause do not impose any limitations on the grounds on which a consent authority may impose consent.’ Dwellings 1 and 2 are considered adequate in terms of amenity. The terraces of Dwellings 1 and 2 do not receive three (3) hours of direct sunlight, though both dwellings have direct access to the lawn areas at the rear of the site. The majority of these lawn areas receive three (3) hours of direct sunlight between 9am and 3pm. Whilst Dwelling 1 does not receive three (3) hours of direct sunlight to the entirety of its living area, three (3) hours of sunlight will be received to approximately half of the living area. It should also be noted that the living area is likely to receive sunlight before 9am.

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Schedule 3

COMPLIANCE TABLE Development standard Comment Compliance Clause 2(1) (wheelchair access): 100% of dwellings to have wheelchair access to public road or internal road if site gradient is less than 1:10.

The access report confirms that all six (6) dwellings comply with this requirement. Access is provided from Telegraph Road via a 1:15 ramp system and 1:20 walkway to the principal entrance.

YES

Wheelchair access to be available to all common areas and facilities.

The common areas of the development are all on a continuous accessible path of travel from the units to the spaces and facilities.

YES

Clause 2(2) (identification): If the site includes more than one street, street signage incorporating house numbers must be provided at each intersection.

The site does not include more than one (1) street frontage.

N/A

Clause 3 (security): Pathway lighting must be designed and located to avoid glare.

Lighting will be designed and located so as to avoid glare and provide at least 20 lux at groundlevel.

YES

Clause 4 (letterboxes): Must be lockable and situated on a hard standing area and be wheelchair accessible.

The letterboxes are adjacent to the street entry and are on a continuous path of travel to all units.

YES

Clause 5 (private car accommodation): Car parking spaces must: � comply with the requirements for parking for

persons with a disability set out in AS 2890. � 5% of the total number of car parking spaces

(or one [1] space if fewer than 20 are provided) must be designed to enable the width to be increased to 3.8m

� any garage must have a power-operated roller door, or a power point to allow the above at a later date

AS 2890 does not exist. AS 2890.6 refers to parking for persons with a disability but is a draft only. As a draft standard, AS 2890.6 has no statutory weight One (1) space is 3.8m in width. An automatic door is proposed at the entrance to the car park.

N/A

YES

YES

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COMPLIANCE TABLE Development standard Comment Compliance Clause 6 (accessible entry): Every entry must: � not have a slope that exceeds 1:40 � comply with clauses 4.3.1 & 4.3.2 of AS 4299 � have entry hardware which complies with AS

1428

The access report confirms that all entrances comply with clauses 4.3.1 and 4.3.2 of AS 4299, figure 12 of AS 1428.1 and clause D1.6 of the BCA.

YES

Clause 7 (interior general): � internal doors must have a clearance of

800mm � internal corridors must have a width of at

least 1000mm � the width at internal door approaches must

be at least 1200mm

The access report confirms that widths of internal corridors and circulation spaces at internal doorways comply with AS 1428.1.

YES

Clause 8 (bedroom) At least one bedroom within the dwelling must have: • an area sufficient to accommodate a

wardrobe and a queen sized bed, with an area at least 1200mm wide at the foot of the bed & 2 double general power outlets adjacent to the head of the bed

• 1 general power outlet on the wall opposite the bed

• a telephone outlet and power outlet next to the bed on the side closest to the door

• wiring to allow a potential illumination of 300 lux

The access report confirms that each unit has a bedroom that complies with these requirements.

YES

Clause 9 (bathroom): A bathroom must have: • an area that complies with AS 1428 • a slip resistant floor • a shower that complies with AS 1428.1 except

that the following must be provided: o a grab rail o portable shower head o folding seat o can accommodate a folding seat

• an illuminated wall cabinet • a double power outlet beside the mirror

The access report confirms that each unit has a bathroom that complies with these requirements.

YES

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COMPLIANCE TABLE Development standard Comment Compliance Clause 10 (toilet): A dwelling must have a toilet: • that is a visitable toilet in accordance with

AS4299

The access report confirms that each unit has a toilet that is visitable in accordance with the area and special requirements of AS 4299.

YES

Clause 11 (surface finishes) • balconies and external paved areas must have slip-resistant surfaces

The proposed balconies have a slip-resistant surface.

YES

Clause 12 (door hardware) Door hardware for all doors must be provided in accordance with AS 4299.

The proposed door handles have been provided in accordance with AS 4299.

YES

Clause 13 (ancillary items): Switches and powerpoints must be provided in accordance with AS 4299.

The proposed switches and power points have been provided in accordance with AS 4299.

YES

Part 2 Additional Standards for self-contained dwellings

Clause 15 (living room and dining room): A living room must have (a) a circulation space in accordance with clause 4.7.1 of AS 4299 and (b) a telephone adjacent to a general power outlet The living and dining rooms must have wiring to allow a potential illumination level of 300 lux.

The access report confirms that the proposed development complies with these requirements.

YES

Clause 16 (kitchen): A kitchen in a self contained dwelling must have:

The access report confirms that the proposed development complies with

YES

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COMPLIANCE TABLE Development standard Comment Compliance (a) a circulation space in accordance with

clause 4.5.2 of AS4299 (b) a width at door approaches complying with

clause 7 of this schedule (c) the following fittings in accordance with the

relevant subclauses of clause 4.5 of AS 4299: (i) benches that include at least one work surface of at least 800mm in length (ii) a tap set (iii) cooktops with an isolating switch (iv) an oven (d) D” pull cupboard handles (e) general power outlets at least one is a

double outlet within 300mm of the front of a work surface and one which is for a refrigerator which can be readily accessed once installed

these requirements.

Clause 17 (access to kitchen, bedroom, bathroom & toilet): A kitchen, main bedroom, bathroom and toilet must be provided on the ground floor of a multi level dwelling.

The proposed units are all single level.

N/A

Clause 18 (lifts in multi-storey buildings): Lift access provided to all dwellings above the ground level of the building by way of a lift complying with clause E3.6 of the BCA.

Lift access is provided to all dwellings and car spaces by way of a lift complying with clause E3.6 of the BCA.

YES

Clause 19 (laundry): A self contained dwelling must have a laundry which has: • provision for the installation of a washing

machine and clothes dryer • a clear space in front of appliances of 1300mm • a slip resistant floor surface • an accessible path of travel to any external

clothes line

The access report confirms that the proposed development complies with these requirements.

YES

Clause 20 (storage for linen): A self-contained dwelling must be provided with a linen cupboard in accordance with clause 4.11.5 of AS 4299.

The access report confirms that the proposed development complies with this requirement.

YES

Clause 21 (garbage): An outside garbage storage area must be provided in an accessible location.

The access report confirms that the garbage storage area on the lower level complies with AS 1428.1 and is

YES

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COMPLIANCE TABLE Development standard Comment Compliance

on a continuous accessible path of travel from all units via the lift.

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. 55 – Remediation of land The provisions of SEPP 55 require Council to consider 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. Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River SREP 20 applies to land within the catchment of the Hawkesbury Nepean River. The general aim of the plan is to ensure that development and future land uses within the catchment are considered in a regional context. The Plan includes strategies for the assessment of development in relation to water quality and quantity, scenic quality, aquaculture, recreation and tourism. The proposed development is considered to achieve the relevant aims under this policy. POLICY PROVISIONS Development Control Plan No. 30 - Access Clause 10 of DCP 30 states that any residential development containing eight (8) or more dwellings should provide one dwelling that is accessible to the disabled. The provisions of SEPP (Seniors Living) override Council’s controls with regard to accessibility. The proposed development complies with the requirements of the SEPP and is acceptable in this regard. Development Control Plan No. 40 - Waste Management The proposed development complies with the relevant requirements of DCP 40. The proposal has been reviewed by Council’s Manager of Waste, Drainage and Cleansing, who has no objection to the proposal, subject to the imposition of conditions (Conditions 15 and 79). Development Control No. 43 - Car parking The provisions of SEPP (Seniors Living) 2004 in relation to parking, override any other parking requirements where in conflict. As detailed earlier in this report, the proposed development complies with the relevant provisions of the SEPP with regard to car parking.

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Development Control Plan No. 47 - Water Management The proposed development has been assessed against DCP 47 and complies with all relevant provisions. Section 94 Plan The development attracts a section 94 contribution of $45,317.19 which is required to be paid by Condition 32. Housing for Older People and People with a Disability Development Control Code (DCC) Council’s Code for Housing for Older People and People with a Disability is a companion document to the former SEPP 5. This Code essentially provides additional information intended to better reflect the needs of the elderly and disabled residents within Ku-ring-gai. SEPP 5 has been repealed, and has been superseded by SEPP (Housing for seniors or people with a disability) 2004. Whilst the Code relates to SEPP 5, the principles of the Code are relevant to SEPP (Housing for seniors or people with a disability). Nonetheless, it is noted that the Code has no statutory weight under the Environmental Planning and Assessment Act 1979 and is considered by Council as a guide only. The proposal has been considered against the Code as follows: Driveway: The proposed driveway is constructed from an appropriate material and complies with the Australian Standard. Facades: The front façade of the development is one to two storeys in height and is well articulated. The façade of the development is appropriate in terms of bulk and scale. Entry: The entry to the development is articulated through the provision of a gate. A path connects the gate to the entry foyer. Setback: The proposed front setback is sufficiently modulated and is consistent with the setback of adjoining development. Fences and walls: The proposed front fence is of a height and design that is compatible with the existing streetscape. Front gardens: The proposed front garden is suitably landscaped and features a mixture of canopy trees, shrubs and groundcovers. Private open space: The proposed areas of private open space are level and generously proportioned. Common open space: The common open space is sited towards the frontage of the site and provides a landscaped setting for the development.

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Landscaping: The proposed landscaping incorporates a variety of species (with respect to variety and height). Opportunities are provided for residents to “personalise” their surrounds through the provision of private planters. Car parking: Car parking is located at basement level and can be accessed by stairs or a lift. The proposed car park is accessible by emergency vehicles. The driveway is of an appropriate width and provides appropriate area for landscaping. Energy efficiency: The proposal is appropriately designed with regard to energy efficiency. Privacy: The proposed development will not result in any unreasonable privacy impacts to adjoining properties. Building setbacks, screen planting and planter boxes have been utilised to maximise privacy to adjoining dwellings. Access: An access report has been supplied. The report states that the proposal is satisfactory with regard to the access requirements of the SEPP. Lighting: Lighting has been addressed in the submitted access report. Utilities: A garbage storage area that is accessible to the residents of the development has been provided at basement level. An outdoor collection point that is accessible to Council’s garbage contractors has also been provided. Adaptable housing: The development complies with the requirements of SEPP (Housing for seniors or people with a disability) with regard to adaptable housing. Interior design: Each unit is contained on the one level. The proposed development is a small scale development, with each dwelling suitably distinct from adjoining dwellings. The dwellings are designed with regard to privacy and convenience of movement. Support services: There is a bus stop within 400 metres of the site that will take residents to shops, bank service providers, community services, recreation facilities and the practice of a general medical practitioner. The Environmental Planning & Assessment Amendment Act 1979 - Section 79C LIKELY IMPACTS The proposal will not have any significant impact on the environment, landscape or scenic quality of the locality, threatened species, populations or ecological communities or their habitats or any other protected fauna or protected native plants. The site is not within a wilderness area, nor an area of critical habitat. The site can be adequately landscaped and conditions relating to soil erosion are recommended.

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SUITABILITY OF THE SITE The site is zoned for residential use, and is suitable for the proposed development, being a residential development for seniors or people with a disability. The site is appropriately located with regard to bus routes and amenities, and is suitable for housing for seniors or people with a disability. ANY SUBMISSIONS All submissions received have been considered in the assessment of the application. PUBLIC INTEREST The proposed development is considered to be in the public interest. ANY OTHER RELEVANT CONSIDERATIONS There are no other relevant 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

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 deferred commencement development consent to DA1337/07 for Demolition of existing dwelling and construction of SEPP (Housing for seniors or people with a disability) development comprising 6 units with basement car parking for 13 vehicles on land at No 9 Telegraph Road Pymble, for a period of two (2) years from the date of the Notice of Determination, subject to the following terms and conditions:

DEFERRED COMMENCEMENT TERMS:

1. Drainage easement (deferred commencement)

The applicant shall submit documentary evidence that the property benefits from a drainage easement over the downstream properties as far as the public drainage system (Park Crescent). This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer.

Reason: To ensure that provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

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2. Stormwater drainage (deferred commencement)

The applicant shall submit full hydraulic design documentation for the required interallotment drainage system from the subject property to the approved point of discharge to the public drainage system. Plans are to be prepared by a suitably qualified and experienced consulting civil/hydraulic engineer in accordance with Council’s Water Management DCP 47 (available on Council’s website and at Customer Services) and the Plumbing and Drainage Code (AS3500). New pipes within the downstream easement drainage system must be sized to have adequate capacity to carry design flow rates, or detention system overflows where detention systems are to be provided, from the subject property. The following details must be included:

plan view of interallotment system to scale showing dimensions, location and

reduced levels of all pits, grates, pipe inverts, flushing facilities and exact point of discharge

the contributing catchment calculations and supporting pipe sizing information longitudinal section showing existing ground levels and proposed pipe invert

levels, grades and flow capacities surrounding survey detail including all trees within seven (7) metres of the

proposed drainage system means to preserve the root systems of trees within seven (7) metres of the

drainage system

This consent will not operate until the required hydraulic design documentation has been submitted to and approved by Council’s Development Engineer.

Reason: To ensure adequate provision is made for stormwater drainage from the

site in a proper manner that protects adjoining properties.

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 20708 DA-00 Rev B Site plan Winter Group Architects 2 April 2008 20708 DA-01 Rev B Basement and lower floor plan Winter Group Architects 2 April 2008 20708 DA-02 Rev B Ground floor plan Winter Group Architects 2 April 2008 20708 DA-03 Rev B Upper floor plan Winter Group Architects 2 April 2008 20708 DA-04 Rev B Elevations Winter Group Architects 2 April 2008 20708 DA-05 Rev B Elevation and section Winter Group Architects 2 April 2008 20708 DA-06 Rev B Shadow diagram Winter Group Architects 2 April 2008 20708 DA-07 Rev B Shadow diagram Winter Group Architects 2 April 2008

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Document(s) Dated 'Statement of disability access provisions in the proposed Seniors Living development' by Disability Access Consultants Pty Ltd

12 December 2007

'Seniors Living Development - 9 Telegraph Road' by Access Associates Sydney

28 March 2008

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.

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

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 LA-DA01, 02 & 03 Issue B Bill Muir March 2008

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

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 or excavation 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.

Reason: Statutory requirement.

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6. 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.

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 works.

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

their preservation.

7. 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.

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8. 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 7 Telegraph Rd Pymble 11 Telegraph Rd Pymble

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.

9. 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

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

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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.

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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.

10. 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. A suitably qualified and experienced civil/environmental engineer shall prepare this plan in accordance with the above guidelines and section 8.2.1 of Councils Water Management Development Control Plan 47.

Reason: To preserve and enhance the natural environment.

11. 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 in metres Tree 3 – Syzygium paniculatum (Brush Cherry) / Adjoining property No. 7 Telegraph Road

5 metres

Tree 7 – Cupressus macrocarpa (Monterey Cypress) / Adjoining property No. 11 Telegraph Road

2 metres

Reason: To protect existing trees during the construction phase.

12. 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.

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13. 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.

Reason: To protect existing trees during the construction phase.

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

14. Sample board to be submitted

The exterior of the building is to be painted a mid-tone, neutral colour. A sample board is to be submitted to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

Reason: To maintain streetscape amenity.

15. Bin storage area

The bin storage area must be large enough to accommodate 12 bins. The bin storage area must have a steel trowel finish to the walls and floors, hot and cold hose cocks for cleaning, be suitably ventilated and include night lighting. Any floor waste is to be directed to the sewer. Details are to be submitted to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

Reason: To maintain health and amenity.

16. Privacy and visual amenity

To ensure privacy and visual amenity is maintained to the adjoining properties, the following measures shall be implemented:

i) A fixed privacy screen shall be installed along the entire length of the eastern elevation of the terrace to Dwelling 2 to a height of 1.8 metres above finished terrace level. The privacy screen shall be constructed of durable material and shall be designed so as to prevent direct overlooking of No. 11 Telegraph Road, Pymble.

ii) A fixed privacy screen shall be installed along the entire length of the western elevation of the terrace to Dwelling 1 to a height of 1.8 metres above finished terrace level. The privacy screen shall be constructed of durable material and shall be designed so as to prevent direct overlooking of No. 7 Telegraph Road, Pymble.

iii) A fixed privacy screen shall be installed along the entire length of the western elevation of the balcony to Dwelling 6 to a height of 1.8 metres above finished terrace level. The privacy screen shall be constructed of durable material and shall be designed so as to prevent direct overlooking of No. 7 Telegraph Road, Pymble.

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Reason: To maintain neighbour amenity.

17. Amendments to approved architectural & landscape plans

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved architectural & 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 20708 DA-01 Revision B Winter Group 02/04/08 20708 DA-02 Revision B Winter Group 02/04/08 LA-DA01, 02 & 03 Issue B Bill Muir March 2008

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

i) To provide for the optimum growth of screen planting, the retaining wall on the

eastern side boundary adjacent to Unit 3 shall be relocated a minimum distance of 1.5 metres from the side boundary and the soil depth above the basement carpark shall be a minimum of 700mm.

ii) To provide for the optimum growth of screen planting, the retaining wall on the eastern side boundary adjacent to Bedrooms 2 & 3 of Dwelling 2 shall be relocated a minimum distance of 1 metre from the side boundary.

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.

Reason: To ensure adequate landscaping of the site.

18. Amendments to approved engineering plans

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved engineering plan(s) listed below have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

Plan no. Drawn by Dated P1248 MYD Consulting Engineers 2/4/2008

The above engineering plan(s) shall be amended as follows:

Rainwater tank configured to collect the required roof area in accordance with

the BASIX commitments.

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Site storage volume/design recalculated for catchment RC1 Rocky Creek. Roof water only directed to the proposed rainwater tank system. The correct finished floor levels shown on the plans. Spillway designed to safely convey all overflows up to the 100 year ARI

uncontrolled flow to Park Crescent without adverse impact on neighbouring properties.

The above amendments are required to ensure compliance with Ku-ring-gai Council Water Management Development Control Plan 47.

Note: An amended engineering plan, prepared by a qualified engineer shall be

submitted to the Certifying Authority.

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

19. 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.

Reason: Statutory requirement.

20. 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).

Reason: Statutory requirement.

21. 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:

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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 the BASIX commitments

Rainwater tank configured to collect the required roof area in accordance with the BASIX commitments.

details of the required on-site detention system 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 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. Reason: To protect the environment.

22. Stormwater 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.

Reason: To protect the environment.

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23. 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 in a position likely to damage any tree protected under Council’s Tree Preservation Order, either located on the subject allotment or on adjoining allotments, or Council’s road reserve. If services are to be placed under any tree protected by Council’s Tree Preservation Order then an arborist shall be consulted to provide recommendations in relation to protection of roots.

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.

24. Pier & beam footings near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the footings of the proposed elevated patio will be isolated pier or pier and beam construction within the specified radius of the trunk(s) of the following tree.

Schedule Tree/Location Radius from trunk Tree 7 – Cupressus macrocarpa (Monterey Cypress) / Adjoining property No. 11 Telegraph Road

4 metres

The piers shall be located such that no roots of a diameter greater than 30mm will be severed or injured during the construction period. The beam(s) shall be of reinforced concrete or galvanised steel sections and placed in positions with the base of the beam being a minimum of 50mm above existing soil levels.

Note: Structural details of the pier or pier and beam construction shall be

submitted to the Principal Certifying Authority.

Reason: To protect existing trees.

25. 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

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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.

26. 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.

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

vehicular traffic.

27. 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

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comply with Australian Standard 2890.1 – 2004 “Off-street car parking” 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

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

development.

28. 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.

29. 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 Pacific Highway:

Kerb ramps on both southern and northern sides to provide pedestrian access

to the site from the northbound 590 Shorelink bus.

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.

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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.

30. 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.

31. 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.

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

32. 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

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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.

33. 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 Contributions for additional

dwelling community facilities $428.78 park acquisition and embellishment works $6,118.00 (Pymble) park embellishment works $595.60 (Northern area) sportsgrounds works $1,463.00 aquatic / leisure centres $86.63

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Column A Column B Contributions for additional

dwelling traffic and transport $122.22 section 94 Plan administration $109.56 subtotal: $8,923.79 x occupancy rate (1.3 persons for Seniors Living development) subtotal: $11,600.927 x 6 dwellings subtotal $69,605.562 less credit for existing dwelling 1 x 3 bedroom dwelling $24,288.37 TOTAL: $45,317.19

The contribution shall be paid to Council prior to the commencement of any development (including demolition) or prior to the issue of the 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:

34. 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.

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

35. 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

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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.

Reason: Statutory requirement.

36. 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.

37. 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.

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38. 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.

39. 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.

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40. 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 Jeffery and Katauskas Pty Ltd (refer Report No. 22058Vlet.Pymble, dated 11 April 2008). 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.

41. 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, vibration control and equipment support and retention of excavated faces hydro-geological considerations Dilapidation reporting prior to commencement of any works, as required by

another consent condition. Foundations/footings.

must be undertaken in accordance with the recommendations of the geotechnical report prepared by Jeffery and Katauskas Pty Ltd (refer Report No. 22058Vlet.Pymble, dated 11 April 2008). 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).

Reason: To ensure the safety and protection of property.

42. 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.

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Reason: To ensure safety and amenity of the area.

43. 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.

44. 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.

Reason: Statutory requirement.

45. 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.

46. 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.

47. 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

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Council stating that the works involving public infrastructure have been completed satisfactorily.

Reason: To protect public infrastructure.

48. 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 (2002) “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

49. 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.

Reason: To protect public infrastructure.

50. 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

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another authority.

Reason: Provision of utility services.

51. Temporary disposal of stormwater runoff

During construction, stormwater runoff must be disposed of in a controlled manner that is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to manage and control runoff as far as the approved point of stormwater discharge. Such measures shall be to the satisfaction of the Principal Certifying Authority.

Reason: To preserve and enhance the natural environment.

52. 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.

53. Drainage to interallotment easement

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped and connected to the interallotment stormwater drainage line benefiting the site and generally in accordance (with required amendments) with the submitted concept stormwater drainage plans by MYD Consulting Engineers Pty. Ltd (refer Job No. P1248, Revision E, dated 2/4/2008). The interallotment line must be covered by the necessary easement for drainage which may exist or need to be created under this consent.

Reason: To protect the environment.

54. 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.

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55. 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 Coordinator. The applicant is to refer to Sydney Water’s web site at www.sydneywater.com.au 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 Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

Reason: Statutory requirement.

56. 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 Tree 7 – Cupressus macrocarpa (Monterey Cypress) / Adjoining property No. 11 Telegraph Road

During excavation and construction of the dwelling and the stormwater drainage

Grevillea robusta (Silky Oak), Quercus robur (English Oak), Araucaria heterophylla (Norfolk Island Pine), Jacaranda mimosifolia (Jacaranda) and a Livistona australis (Cabbage Tree Palm) / Adjoining property No.16B Park Crescent located adjacent to the northern side boundary

During excavation and installation of the stormwater drainage

Reason: To ensure protection of existing trees.

57. 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 Tree 7 – Cupressus macrocarpa (Monterey Cypress) / Adjoining property No. 11 Telegraph Road

4 metres

Grevillea robusta (Silky Oak), Quercus robur (English Oak), Araucaria heterophylla (Norfolk Island Pine), Jacaranda mimosifolia (Jacaranda) and a Livistona australis (Cabbage Tree Palm) / Adjoining property No.16B Park Crescent located adjacent to the northern side boundary

5 metres

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Reason: To protect existing trees.

58. Approved tree works

Approval is given for the following works to be undertaken to trees on the site:

Schedule Tree/Location Approved tree

works Tree 8 – Cupressus macrocarpa (Monterey Cypress) / South eastern corner

Removal

Tree 9 – Liquidambar styraciflua (Liquidambar) / Western side boundary

Removal

Tree 15 – Ulmus parvifolia (Chinese Elm) / South western corner

Removal

Tree’s 16 – Cupressus sempervirens (Italian Cypress) / Western side boundary

Removal

Tree’s 17 – Cupressus sempervirens (Italian Cypress) / Western side boundary

Removal

Sapium sebiferum (Chinese Tallow Tree) / Eastern side boundary, offset 17 metres from front boundary

Removal

Removal or pruning of any other tree on the site is not approved excluding exemptions under Council’s Tree Preservation Order.

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

59. 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 Tree 7 – Cupressus macrocarpa (Monterey Cypress) / Adjoining property No. 11 Telegraph Road

4 metres

Grevillea robusta (Silky Oak), Quercus robur (English Oak), Araucaria heterophylla (Norfolk Island Pine), Jacaranda mimosifolia (Jacaranda) and a Livistona australis (Cabbage Tree Palm) / Adjoining property No.16B Park Crescent located adjacent to the northern side boundary

5 metres

Reason: To protect existing trees.

60. 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.

Reason: To protect existing trees.

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61. 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.

Reason: To protect the environment.

62. 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.

63. Removal of noxious plants & weeds

The following noxious and/or environmental weed species shall be removed from the property prior to completion of building works:

Schedule Plant species Cinnamomum camphora (Camphor laurel) Ligustrum lucidum (Large-leaved Privet) Ligustrum sinense (Small-leaved Privet) Tradescantia fluminensis (Wandering Jew) Lantana camara (Lantana) Senna pendula (Cassia)

Reason: To protect the environment.

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

64. 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. 185687M have been complied with.

Reason: Statutory requirement.

65. 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.

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

consent.

66. 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. 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.

Reason: To protect the environment.

67. 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.

68. 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 uses specified in the BASIX commitments.

basement and subsoil areas are able to drain via a sump system installed in

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accordance with AS3500.3. 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.

Reason: To protect the environment.

69. 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

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red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.

Reason: To protect the environment.

70. 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. 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.

Reason: To protect the environment.

71. Easement drainage line construction

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the required interallotment drainage system has been installed and surveyed under the supervision of a designing engineer or equivalent professional.

Note: At the completion of the interallotment works, the following must be submitted to the Principal Certifying Authority for approval:

details from the supervising engineer that that the as-constructed

works comply with the approved interallotment design documentation

a full works as executed drawing of the as built interallotment drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and details from the surveyor that all drainage structures are wholly contained within existing drainage easement(s)

Reason: To protect the environment.

72. Sydney Water Section 73 Compliance 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

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Reason: Statutory requirement.

73. Certification of as-constructed driveway/car park – SEPP Senior

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". finished driveway gradients and transitions will not result in the scraping of the

underside of cars the vehicular headroom requirements of Australian Standard 2890.1 – “Off-

street car parking” and the Seniors Living SEPP for accessibility parking spaces 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.

74. 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 and layback 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 repair of any footpath 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.

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Repair works shall be at no cost to Council.

Reason: To protect the streetscape.

75. 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.

76. Restriction on land title

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that restriction as to use of land under Section 88E of the Conveyancing Act 1919, has been created restricting the occupation of the premises to:

seniors or people who have a disability. people who live within the same household with seniors or people who have a

disability. staff employed to assist in the administration of and provision of services to

housing provided in this development

Reason: To ensure that the development meets the provisions of the SEPP (Housing for Seniors or People with a Disability) 2004

77. SEPP Seniors Living advertising

All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP (Housing for Seniors or People with a Disability) 2004 development and that at least one occupier shall be aged 55 years or over or have a disability.

Reason: To ensure that the development meets the provisions of the SEPP

(Housing for Seniors or People with a Disability) 2004.

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CONDITIONS TO BE SATISFIED AT ALL TIMES

78. Bin collection area

The bin collection area adjacent to the street frontage is not to be used for the long-term storage of bins. Bins are not to be stored in the collection area for more than one (1) day prior to and after garbage collection.

Reason: To maintain streetscape amenity.

B Pendlebury Development Assessment Officer

R Kinninmont Team Leader Development Assessment - Central

C Swanepoel Manager Development Assessment Services

M Miocic Director Development & Regulation

Attachments: Zoning extract -928460

Location sketch - 928460 Site analysis - 928460 Basement and lower floor plan - 928463 Ground floor plan - 928463 Upper floor plan - 928463 Elevations - 928464 Elevations and sections - 928464 Shadow diagram - 928464 Landscape plan sheet 1 - 928467 Landscape plan sheet 2 - 928467 Landscape plan sheet 3 - 928467

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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