D/2013/454 - 2A Rowntree Street, Balmain

Transcription

Building and Development Council
ITEM 18
BUILDING & DEVELOPMENT COUNCIL
MAY 2014
Development Application No.
 D/2013/454
Address
 2A Rowntree Street, BALMAIN NSW 2041
Description of Development
 Alterations and additions to convert existing
commercial building to a mixed use
development consisting of 1
(existing)
commercial use and 27 dwellings with
associated parking.
Date of Receipt
 18 October 2013
Value of Works
 $6,600,000
Applicant’s Details
 Beijou Pty Ltd
Alek Novakovic C/- Ipm P/L
PO BOX 42
BALMAIN NSW 2041
Owner’s Details
The Beijou Pty Ltd
200 Victoria Rd
DRUMMOYNE NSW 2047
Notification Dates
30th October 2013 to 13th November 2013.
Number of Submissions
Four (4) – In opposition
Building Classification
2, 5, 6 and 7b
Integrated Development
No
Reason for determination at Stated Value exceeds $2 million
Council Meeting


Recommendation
Traffic and Parking, Streetscape, Acoustic
and Visual Privacy, Overdevelopment.

Deferred Commencement Approval
Attachment A
Plans of proposal
Attachment B
Draft conditions of consent
Main Issues
PAGE 497
ITEM 18
LOCALITY MAP
N
Subject Site
Objectors
Notified Area
Supporters
PAGE 498
1.
ITEM 18
PROPOSAL
This application seeks consent for alterations and additions to convert existing
commercial building to a mixed use development consisting of one (1) commercial
use and 27 dwellings with associated parking at 2A Rowntree Street (The Beijou),
Balmain. The proposal largely involves –
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Conversion of existing commercial Levels (2 and 3) to dwellings.
Conversion of the existing Level 1 carpark to dwellings and communal open
space.
An additional level to the existing building for dwellings.
Note. The application originally sought 30 dwellings, however following the
lodgement of amended plans the proposal was reduced to 27 dwellings. It is the
amended plans that form the basis of this report.The amended plans were not
notified as they resulted in a lesser development and were lodged to address
Council concerns.
The Application relies on SEPP No.1 Objections to Floor Space Ratio and Diverse
Housing.
2.
SITE DESCRIPTION
The site is approximately 1390sqm in area and has a frontage of 27m to Rowntree
Street and 27m to North Street at the rear.
The building is the former Bijou Theatre, which was converted into offices during the
1970’s. It is a part three/part four storey building, with two levels of car parking. Part
of the ground floor directly fronting Rowntree St is used as a restaurant with the
remainder of the building used as offices, including The Guardianship Tribunal.
The site is located within the distinctive neighbourhood of Darling Street, Balmain.
The subject site is not a heritage item, however it is located within a conservation
area. The site is not identified as a flood control lot.
The adjoining properties consist of commercial to the south and immediate east and
west to properties fronting Darling Street. To the immediate north is a mechanics
however beyond that to the northeast and northwest are low scale dwellings.
The site is zoned Business pursuant to Local Environmental Plan 2000 and B2 –
Local Centre pursuant to Local Environmental Plan 2013.
3.
SITE HISTORY
The following table outlines the more recent development history of the subject site.
Prior to these applications there have been numerous applications to carry out both
internal and external works to the commercial building, with the conversion to offices
approved in the 1970’s.
PAGE 499
ITEM 18
Date
Application No
31/07/2013 D/2013/321
Application Details
Alterations and additions to convert
existing commercial building to one (1)
retail tenancy (existing) and 30
residential apartments with car parking
for 33 vehicles.
21/08/2012 PREDA/2012/105 Conversion of existing commercial
building into mixed use containing 30
apartments 1 retail, plus parking
14/12/2011 M/2011/190
Section 96 application of D/2008/504
which approved alterations and
additions to the existing commercial
building. Modification consists of
enclosing the colonnade to the front
facade and relocation of the pump
room door.
Outcome
Rejected
12/05/2009 D/2008/504
Alterations and additions to existing
building, involving the extension of the
level 4 for use as commercial/office
space.
Approved
14/03/2006 PREDA/2006/15
Mixed use including ground floor retail,
first floor office and 17 units
Advice
Issued
Advice
Issued
Approved
The above applications are somewhat relevant to this application as in D/2008/504 a
4th level was approved to the existing building. This application seeks a similar 4 th
level onto the building as approved in D/2008/504. It is also noted that that consent
will expire on 11 May 2014.
In PREDA/2012/105 a conversion of the building to a mixed use development sought
advice. The advice raised following ‘key’ issues 
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Parking provision
Amenity of proposed dwellings
Consistency with previous approved building envelope
As discussed throughout this report, it is considered that on balance following the
lodgement of amended plans, which largely involve a reduction in dwelling numbers
that the proposal is in an acceptable form.
The application lodged last year (D/2013/321) was rejected due to the level of
information lodged. Following the lodgement of amended plans and additional
information the subject application is able to be assessed.
There is no relevant history of surrounding properties.
PAGE 500
ITEM 18
Application History
Date
01/04/2014
15/03/2014
29/01/2014
23/12/2013
18/10/2013
4.
Action Details
Applicant – Additional Information lodged
Applicant – Additional Information lodged
Council Staff and Applicant met to discuss the issues
Council – Request to Withdraw raising the following issues:
 Amenity
 Open Space
 Heritage
 Waste
 Traffic and Parking
 Water Disposal
Application lodged
ASSESSMENT
The following is a summary of the assessment of the application in accordance with
Section 79C of the Environmental Planning and Assessment Act 1979.
(a)(i) Environmental Planning Instruments
The application has been assessed against the relevant Environmental Planning
Instruments listed below:
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State Environmental Planning Policy No.1 – Development Standards
State Environmental Planning Policy No.55 – Remediation of Land
State Environmental Planning Policy No.65 – Design Quality of Residential Flat
Development
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
Leichhardt Local Environmental Plan 2000
State Environmental Planning Policy No. 65 – Design Quality of Residential Flat
Development – Residential Flat Design Code
This proposal seeks the building conversion and as a result this provides constraints
in terms of achieving full compliance with the ‘rules of thumb’ held in the Design
Code, for example compliance with the numerical Building Depth and Building
Separation rules. This is the case in this proposal where the Building Depth exceeds
18m and the Building Separation between the three elements as they are within 9
metres of each other.
In consideration of the built environment and the conversion, the original proposal
raised concerns against the SEPP provisions in relation to the dwelling amenity,
particularly in relation to solar access and privacy, but also the lack of communal
open space, Principle 7: Amenity. The considerations of the use and additional level
and were also made, under Principle 2: Scale, Principle 3: Built Form and Principle
4: Density. These are discussed as follows:
PAGE 501
ITEM 18
Principles 2: Scale, 3: Built Form and 4: Density
The proposed height/scale of the additional level is comparable to the additional
level approved in D/2008/504. It sits behind the parapet wall of the building and the
conclusion drawn in that assessment (D/2008/504) is maintained in this
recommendation, insofar that the additional level does not result in an unacceptable
impacts both to the conservation area and/or the surrounding properties. The built
form of the additional level and conversion of other levels of the building are
considered to be responsive to the existing built form of the building insofar that a
substantial amount of the facades/contributory fabric are retained. There is Heritage
discussion to the Rowntree Street façade, this is further discussed in Section 6 of
this Report, in summary it is considered that some incursions are acceptable, with
other works requiring further approval, which are included as part of the deferred
commencement recommendation.
In terms of Floor Space Ratio, a SEPP No.1 Objection has been lodged and as
discussed below, it is considered that a variation can be supported in this instance.
On balance, it is considered that the scale, built form and density is acceptable in its
context.
Principle 7: Amenity
As mentioned above, the issues raised with the original proposal included solar
access, visual privacy and open space.
These are considered as follows:
Solar Access
The rule of thumb for residential flat buildings is that - living rooms and private open
spaces for at least 70% of the dwellings should receive 3hours solar access sunlight
between 9am and 3pm midwinter. In dense urban areas a minimum of 2hours may
be acceptable.
The conversion of a non-residential building for residential use can present issues
with achieving solar access as it is generally sought to retain features and limit the
incursions into the facades in order to preserve the fabric contribution that building
provides to the locality. This building is no exception. The original proposal,
particularly the eastern elevation provided dwellings with limited solar access. The
amended proposal removed a dwelling to each level on the eastern side of the
building, which then provided the dwellings with a greater amount of solar access,
whilst still not creating any additional openings into the façade.
The original proposal had 53% of the dwellings receiving 3hours solar access,
however the amended proposal results in in 60% (16 out of 27) of the dwellings
receive greater than 3hours (in most case solar access for 6hours), and one dwelling
receiving 2hours solar access. It is also recognised that of those dwellings that do
not provide the required level of solar access, none of the dwellings have a southerly
aspect and are able to receive daylight both to their room and private open space,
but also their bedrooms. Additionally the common open space is northerly orientated,
and will receive 3hours solar access.
PAGE 502
ITEM 18
On balance, it is considered that the level of solar access for the future residents is
considered to be acceptable, particularly given that the building is largely a
conversion of an existing non-residential building, where further incursions to provide
a greater level of amenity would compromise the contribution of the building to the
locality.
Visual Privacy
The privacy between the three residential building elements is largely achieved by
way of external screens to the eastern and western elements. The amended plans
reduced the size of the private open space to the Level 1 dwellings and in doing so,
provided an acceptable level of privacy to their outdoor space.
In terms of amenity external to the site, the existing openings to Level 1 are provided
with privacy louvres which will preserve privacy from the common open space. The
windows to the northern elevation service both habitable and non-habitable rooms,
with no screening nominated. It is considered that in order to preserve privacy from
these internal areas, that the habitable windows be fixed and screened to a height of
1.6m above finished floor level. With this recommendation it is considered that a loss
of privacy shall not occur from these windows.
Similarly, with the external terraces (level 2 & 3) facing north (dwellings 307, 402,
406), it is recommended that screens be fitted to a height of 1.6m above finished
floor level to preserve privacy from these areas. Again, with this recommendation it is
considered that a loss of privacy shall not occur from these areas.
The screens will be about 1m higher than the parapet/balustrade. At a 1.6m screen
the shadow length between 10am-2pm is at max. 3.2m. The terrace depths are 4.3m
(307) , 3.7m (406). So, the terraces will still receive solar access. With unit 402, this
has a ‘wraparound’ terrace and is able to receive solar access from 9am to 12pm.
Open Space
Below are plan extracts of the originally proposed Level 1 and amended Level 1.
Original Proposal
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ITEM 18
Amended Proposal
As the plans indicate, the proposal reduced the extent of private open space of the
Level 1 dwellings, which were subject to significant potential loss of privacy from the
central levels above and this area was partially converted into common open space
for the building. This amendment served a dual purpose in terms of protecting
dwellings within the site from a loss of privacy but also provided the entire building
with an outdoor area, consistent with the principle of the SEPP.
In consideration of the above and the context of the site, the amended proposal is
considered acceptable when assessed against the Principles of the SEPP.
The following summarises the assessment of the proposal against the development
standards and lists the other relevant clauses of the Leichhardt Local Environmental
Plan 2000.
LLEP 2000 Development
Standard
Floor Space Ratio – 1.5:1
- under Clause 23(1)(b)
Proposal
m2
Proposal
ratio / %
Compliance
% of Noncompliance
3975
2.86
No
90.65%
Note. The floor space area includes the parking area at ground level, based on gross
floor area definition held in LEP 2000.
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Clause 12 – Vision of the plan
Clause 13 – General Objectives
Clause 15 – Heritage Objectives
Clause 16(7) – Development in the Vicinity of a heritage item
Clause 16(8) – Development in Conservation Areas
Clause 17 – Housing Objectives
Clause 19(6) – Diverse Housing
Clause 19(7) – Adaptable Housing
Clause 20 - Employment Objectives
PAGE 504
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ITEM 18
Clause 23(1) – Commercial floor space control
Clause 35 – Suspension of Covenants, Agreements and Instruments
The application satisfies the provisions of the above Environmental Planning
Instruments with the exception of and discussion to the following:
Clause 15 – Heritage Objectives
The proposal largely seeks to alter the Rowntree Street facade through the ‘breaking
up’ of two vertical elements to provide ‘fin’ elements, and introduce a street awning.
To the western elevation additional openings are proposed with the southern and
northern elevations largely unaltered. The building is also proposed to be painted.
The application was supported by a Heritage Impact Assessment. Below are images
of the existing and proposed Rowntree Street façade.
Existing Rowntree Street Elevation
Proposed Rowntree Street Elevation
In assessment of the information it was advised that Amended plans are to be submitted incorporating the following amendments:
a)
b)
c)
d)
Proposed additional openings to Rowntree Street façade to be deleted
Proposed fins to Rowntree Street façade to be deleted
Street awning to be reconstructed based on available photographic evidence
External colour scheme is to be submitted for approval
The proposed works to the Rowntree Street façade (points ‘a’ and ‘b’) have been put
forward to increase the solar access amenity to the nine (9) eastern dwellings, being
nos. 101, 102, 103, 201, 202, 203, 301, 302, 303, with Heritage Advice supporting
the alterations, largely based on continued historical changes to the façade and the
retention and enhancement of key elements of the building. The proposed fins
replace two ‘solid’ vertical strips in the façade, so they provide more openings to the
eastern side of the building. If the existing elements were retained, they would not
provide as great solar access as the proposed ‘fin’ elements to the affected
dwellings.
It is considered that with any adaptation, a façade may be subject to some change in
order to support the adaptation, in addition consideration is given to whether the
façade is original or has gone under change, or whether the proposed changes are
significant to the building/context. In this instance, it is recognised that the façade
has been subject to continual change, however the proposed openings/fins retain the
overall verticality of the existing elements and are not considered to diminish the key
PAGE 505
ITEM 18
elements of the current building or its broader contribution to the Conservation Area.
As a result, it is considered that the openings/fins are acceptable against the
objectives of this Clause and therefore their deletion is not warranted in this instance.
The Rowntree Street awning is a ‘modern’ element, uncharacteristic of the building
with evidence available of the existing awning. As a result the proposed awning is
considered to be inconsistent with the existing building and that pursuit to such an
element that is more characteristic to the existing building is worthy. The painting of
the building is similarly considered to be available as evidence-based and worthy to
pursue in order to achieve the Objectives of this Clause. As a result it considered
that points ‘c’ and ‘d’ be further pursued as part of the deferred commencement
approval recommendation.
Clause 19(6) – Diverse Housing
The original proposal (30 dwellings) required a minimum eight (8) bedsitter or one
bedroom dwellings and a maximum nine (9) three or more bedroom dwellings. The
proposal provided nine (9) one bedroom dwellings and two (2) three bedroom
dwellings, therefore compliant with the Clause. In order to address the amenity
concerns of some of the dwellings, as discussed in SEPP 65 assessment, amended
plans were submitted that reduced the number of dwellings to a proposal of 27
dwellings. The amended housing requirement was for a minimum seven (7) bedsitter
or one bedroom dwellings and a maximum eight (8) three or more bedroom
dwellings. The amended proposal provides a compliant level of three (3) bedrooms
dwellings, with three (3) being provided, however has a shortfall of bedsitter or one
bedroom dwellings, with three (3) being provided. A SEPP No.1 Objection was
lodged to support a variation and is discussed as follows:
State Environmental Planning Policy No. 1 – Development Standards makes
development standards more flexible. It allows councils to approve a development
proposal that does not comply with a set standard where this can be shown to be
unreasonable or unnecessary. The proposal has been considered against the
following assessment criteria:
1.
Is the control a development standard?
Clause 19(6) identifies the fixed, minimum percentage of bedsitter or one bedroom
dwellings, applicable to the proposal. This is a numerical requirement which is
consistent with the definition of a development standard under Section 4 (1) of the
Environmental Planning and Assessment Act 1979. It is therefore capable of being
varied under the provisions of State Environmental Planning Policy No.1 –
Development Standards.
2.
What is the underlying object or purpose of the standard?
Diverse Housing
a) to provide a diverse range of housing in terms of size, type, form, layout,
location, affordability and adaptability to accommodate the varied needs of the
community, including persons with special needs
PAGE 506
3.
ITEM 18
Is compliance with the standard consistent with the aims of the Policy? Does
compliance with the standard hinder the object of the Act under s5a(i) and (ii)
The aims and objectives of State Environmental Planning Policy No.1 –
Development Standards is:
“To provide flexibility in the application of planning controls operating by virtue of
development standards in circumstances where strict compliance with those
standards would, in any particular case, be unreasonable or necessary or tend to
hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”
The objects set down in Section 5(a)(i) and (ii) are:
“(a) to encourage:
(i) the proper management, development and conservation of natural and artificial
resources, including agricultural land, natural areas, forests, minerals, water, cities,
towns and villages for the purpose of promoting the social and economic welfare of
the community and a better environment,
“(ii) the promotion and co-ordination of the orderly and economic use and
development of land,”
The proposed development is considered to be consistent with the aims of the Policy
(discussed further under point 4 below) and does not hinder the objectives of the
Environmental Planning and Assessment Act 1979, which amongst other matters
aims to promote the orderly and economic development of land and a better
environment.
It is considered that the proposed works will be consistent with the objectives and
intent of the Act in that it will offer a housing stock and housing with an acceptable
level of amenity for the locality.
4.
Is compliance with the standards unreasonable or unnecessary in the
circumstances of the case?
The applicant has provided the following justification as to why compliance with the
Diverse Housing development standard is unreasonable or unnecessary in this
case:
Heritage
 This application is for most part, the reuse (recycling) of an existing building that
has historical significance in the local area. This design constraint significantly
limits design opportunities to provide the required mix of dwelling types and
adequate amenity for each unit.
Building Form
 As a substantially residential proposal, the northern facade of the building offers
the best aspect for residential unit amenity. However, the existing built form is a
U-shape which restricts building depth on all sides. This is a further design
constraint that limits opportunities to achieve the required dwelling mix for small
units.
PAGE 507
ITEM 18
SEPP65
 This policy imposes minimum standards for unit amenity in terms of solar
access, cross ventilation and open space. This together with the existing built
form constraints and heritage/conservation area considerations (above) make
strict compliance with the required standards very difficult. In fact, a better
residential design outcome is achieved on this site by not strictly complying with
the housing mix controls.
It is also noted that SEPP65 does not impose a numerical requirement for
dwelling mix but simply encourages a mix which is appropriate to its location and
circumstances. As a building re-use/recycling project, the designer has sought to
maximise both dwelling mix and dwelling amenity. It is this "balance" of design
outcomes which is reflected in the objectives of SEPP1, i.e., to provide flexibility
in achieving desired planning and design outcomes.
Market Needs
 The current housing market in Leichhardt clearly reflects low "affordability". This
can, to some extent, be addressed by increasing the supply of smaller dwelling
types i.e., 2 bedroom and less.
Council also considers compliance with the development standard to be
unreasonable and unnecessary in this instance given:
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5.
All the dwellings exceed the SEPP 65 guide for minimum dwelling size in
relation to ‘affordability’;
The dwelling size is diverse, in particular the two bedroom dwellings which
range from 81sqm to 109sqm;
The proposal provides three (3) adaptable dwellings consistent with Council’s
policy
The substantial retention of the facades is positive in terms of Heritage and
streetscape;
The individual amenity of the dwellings and between the proposed dwellings, is
acceptable; and
The objectives of the Clauses 12, 13, 17 and 20 are considered to be satisfied.
Is the objection well founded?
For the reasons outlined above and as detailed in this report, it is considered that the
objection to Clause 19(6) is well-founded in this instance and the granting of
variation to the development standard is appropriate in the circumstances.
6.
The matters which shall be taken into consideration in deciding whether
concurrence should be granted are:
(a)
whether non-compliance with the development standard raises any matter of
significance for State or regional environmental planning:
The granting of concurrence to the proposed variation of the development standard
will not raise any issues of state or regional planning significance.
PAGE 508
(b)
ITEM 18
the public benefit of maintaining the planning controls adopted by the
environmental planning instrument.
will not have a detrimental impact on public interest. In this regard, there is no
material public benefit to the enforcing the development standard.
Clause 19(7) – Adaptable Housing
The amended proposal seeks 27 dwellings and therefore requires three (3)
adaptable housing units. The proposal provides three (3) adaptable dwellings (Nos.
105, 205 and 206). Therefore the proposal complies with this Clause.
Clause 23(1)(b) – Commercial floor space control
As the above table indicates, the proposal does not comply with the Floor Space
Ratio for the site. A SEPP No.1 Objection was lodged to support a variation and is
discussed as follows:
State Environmental Planning Policy No. 1 – Development Standards makes
development standards more flexible. It allows councils to approve a development
proposal that does not comply with a set standard where this can be shown to be
unreasonable or unnecessary. The proposal has been considered against the
following assessment criteria:
1.
Is the control a development standard?
Clause 23(1)(b) identifies the fixed, maximum allowable floor space ratio applicable
to the subject site. This is a numerical requirement which is consistent with the
definition of a development standard under Section 4 (1) of the Environmental
Planning and Assessment Act 1979. They are therefore capable of being varied
under the provisions of State Environmental Planning Policy No.1 – Development
Standards.
2.
What is the underlying object or purpose of the standard?
Floor Space Ratio
a) ensure that the proposed works are compatible with the surrounding
environment in terms of bulk, scale, amenity, streetscape, setting, transport and
preserving the character of the building and surrounding conservation area and
heritage items .
3.
Is compliance with the standard consistent with the aims of the Policy? Does
compliance with the standard hinder the object of the Act under s5a(i) and (ii)
The aims and objectives of State Environmental Planning Policy No.1 –
Development Standards is:
“To provide flexibility in the application of planning controls operating by virtue of
development standards in circumstances where strict compliance with those
standards would, in any particular case, be unreasonable or necessary or tend to
hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”
PAGE 509
ITEM 18
The objects set down in Section 5(a)(i) and (ii) are:
“(a) to encourage:
(i) the proper management, development and conservation of natural and artificial
resources, including agricultural land, natural areas, forests, minerals, water, cities,
towns and villages for the purpose of promoting the social and economic welfare of
the community and a better environment,
“(ii) the promotion and co-ordination of the orderly and economic use and
development of land,”
The proposed development is considered to be consistent with the aims of the Policy
(discussed further under point 4 below) and does not hinder the objectives of the
Environmental Planning and Assessment Act 1979, which amongst other matters
aims to promote the orderly and economic development of land and a better
environment.
It is considered that the proposed works will be consistent with the objectives and
intent of the Act in that it will be of an acceptable scale and will also not result in any
undue adverse impacts for the amenity of surrounding properties.
4.
Is compliance with the standards unreasonable or unnecessary in the
circumstances of the case?
The applicant has provided the following justification as to why compliance with the
development standard is unreasonable or unnecessary in this case:
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Additional residential floor space is necessary in order to provide for a high
quality building conversion from commercial to residential use;
The additional floor space can be accommodated on this site without
unreasonable local impacts due to the nature of the existing built form on the
site and this was confirmed by the current approval;
The additional floor space does not impinge any statutory height controls
therefore, the theoretical built form is not limited in this regard;
The existing building is positioned to the south of adjoining residential
properties. There are therefore no overshadowing implications that arise from
increased height;
There is some potential for overlooking of adjoining properties, but this is minor
due to the separation distances, proposed privacy measures and the nature of
the adjoining properties;
The proposal to increase floor space in the 'Business' zone is a valuable
contribution to the orderly and efficient use of existing and future utilities,
services, community resources and public transport. Indeed, this is a preferable
method of accommodating growth.
Compliance with the development standard is considered to be unreasonable and
unnecessary in this instance given:
PAGE 510
ITEM 18
In the approval under D/2008/504 the proposed floor areas and levels are similar.
The most significant change is the removal of floor area at Level 1, the existing car
parking level, to dwellings with also an open (communal) space to the north, terraces
to the dwellings and a void area to the southern boundary. Further floor space
reductions are proposed to Levels 2 and 3 by virtue of the open terraces and the
southern boundary void. In regards to the additional Level (Level 4), the proposed
gross floor area is nearly identical to that approved in D/2008/504.
The impacts of the Level 4 are not considered to be adverse in terms of the overall
building scale, and in combination with the individual amenity of the dwellings and
between the proposed dwellings being acceptable; the amenity of surrounding
properties are not adversely affected; the objectives of the Clauses 12, 13, 17 and
20 are considered to be satisfied. As a result, of the above a variation can be
supported in this instance.
5.
Is the objection well founded?
For the reasons outlined above and as detailed in this report, it is considered that the
objections to Clauses 23(1)(b), is well-founded in this instance and the granting of
the variation to the development standard is appropriate in the circumstances.
6.
The matters which shall be taken into consideration in deciding whether
concurrence should be granted are:
(a)
whether non-compliance with the development standard raises any matter of
significance for State or regional environmental planning:
will not raise any issues of state or regional planning significance.
(b)
the public benefit of maintaining the planning controls adopted by the
environmental planning instrument.
will not have a detrimental impact on public interest. In this regard, there is no
material public benefit to the enforcing the development standard.
Leichhardt Local Environment Plan 2013
The Leichhardt Local Environment Plan 2013 commenced on 3 rd of February 2014,
and is therefore a matter for consideration under Section 79C of the Environmental
Planning and Assessment Act 1979.
Pursuant to Clause 1.8A of the Plan, as the application was made prior to the
commencement of the plan, the application must be determined as if the Plan never
commenced.
Nevertheless, given the relevance of the Plan under Section 79C of the Act, an
assessment of the application against the Plan is provided below.
PAGE 511
ITEM 18
The site is zoned B2 Local Centre under the Leichhardt Local Environmental Plan
2013 and the proposal is permissible in the zone and is consistent with the planning
objectives for the area in the Leichhardt Local Environmental Plan.
The following summarises the assessment of the proposal against the development
standards and lists the other relevant clauses of the Leichhardt Local Environmental
Plan 2013.
LLEP 2013 Development
Standard
Floor Space Ratio – 1.5:1
(The site is located in an
“Area 1” under Clause
4.4A)
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Proposal
m2
Proposal
ratio / %
Compliance
% of Noncompliance
3270
2.35:1
No
56.83%
Clause 1.2 – Aims of the Plan
Clause 2.3 – Zone objectives and Land Use Table
Clause 2.7 – Demolition Requires Development Consent
Clause 4.4 – Floor Space Ratio
Clause 4.4A – Floor Space Incentives for active street frontages
Clause 4.5 - Calculation of floor space ratio and site area
Clause 4.6 - Exceptions to development standards
Clause 5.9 - Preservation of trees or vegetation
Clause 5.9AA – Trees or vegetation not prescribed by development control plan
Clause 5.10 – Heritage Conservation
Clause 6.1 – Acid Sulphate Soils
Clause 6.2 - Earthworks
Clause 6.4 – Stormwater management
Clause 6.13 – Diverse housing
The application satisfies the provisions of the above Leichhardt Local Environmental
Plan 2013 with the exception of the following:
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Clause 4.4A – Floor Space Ratio
Clause 4.6 Exceptions to Development Standards
The proposal results in a breach of the following draft development standards:
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Clause 4.4 – Floor Space Ratio
Clause 4.6(2) specifies that Development consent may be granted for development
even though the development would contravene a development standard.
The Leichhardt Local Environmental Plan 2013 is in force, however no formal
request to vary the development standard has been submitted by the applicant, nor
is required at this time.
PAGE 512
ITEM 18
However, as discussed above, State Environmental Planning Policy No.1 Objections
to the equivalent development standards in the Leichhardt Local Environmental Plan
2000 were submitted.
As concluded in the Objections it considered that:
 There are sufficient environmental planning grounds to justify contravening the
draft development standards.
 The proposed development will be in the public interest because it is consistent
with the objectives of the particular standards and the objectives for
development within the zone;
 The contravention of the development standards does not raise any matter of
significance for State or regional environmental planning,
 There is no public benefit from maintaining the development standards in this
instance.
(a)(ii) Draft Environmental Planning Instruments
The application has been assessed against the relevant Draft Environmental
Planning Instruments listed below:

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Draft State Environmental Planning Policy (Competition) 2010
Draft Leichhardt Local Environment Plan 2013 – Amendment No.2
Draft Leichhardt Local Environment Plan 2013
The Draft Leichhardt Local Environment Plan 2013 - Amendment No. 2 was
exhibited from 24 June 2013 until 31 July 2013 and is therefore a matter for
consideration under Section 79C of the Environmental Planning and Assessment Act
1979.
The proposal is not affected by any of the numerical amendments in the Draft
Leichhardt Local Environment Plan 2013 - Amendment No. 2, however the Draft
Amendment does seek to amend the Aims and Objectives of the B2 – Local Centre
zone to include the following additional objective –

To integrate suitable business, office, residential, retail and other development
in accessible locations to maximise public transport patronage and encourage
walking and cycling.
It is considered that the mixed use development as amended, in its location in close
proximity to public transport, provision of bicycle facilities and would sit well within
this desired objective.
(a)(iii) Development Control Plans
The application has been assessed against the relevant Development Control Plans
listed below:
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Leichhardt Development Control Plan 2000
Leichhardt Development Control Plan No.32 – Equity of Access
Leichhardt Development Control Plan No.36 – Notifications
PAGE 513
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ITEM 18
Leichhardt Development Control Plan No.38 – Waste: Avoid, Reuse, Recycle
Leichhardt Development Control Plan No.42 – Contaminated Land Management
More specifically, the application has been assessed against the following clauses of
Development Control Plan 2000.
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Part A2.0 – Urban framework plans
Part A3.0 – Principles of ecologically sustainable development
Part A3a.0 – Sustainable water and risk management
Part A4.0 – Urban form and design
Part A5.0 – Amenity
Part A6.0 – Site analysis
Part A7.0 – Heritage conservation
Part A8.0 – Parking standards & controls
Part A9.0 – Advertising & signage
Part A9a.0 – Colours & tones
Part A10.6.1– Darling Street (Residential and Civic Precinct), Balmain
distinctive neighbourhood
Part B1.1 – Demolition, site layout, subdivision and design
Part B1.2 – Building Form, Envelope and Siting
Part B1.3 – Car parking
Part B1.4 – Site drainage and stormwater control
Part B1.5 – Elevation and materials
Part B1.6 - Front gardens and Dwelling Entries
Part B1.7 – Fences
Part B1.8 – Site facilities
Part B1.9 – Corner site controls
Part B2.8 – Landscaping
Part B3.1 – Solar Access
Part B3.2 – Private open space
Part B3.3 – Visual privacy
Part B3.4 – Access to views
Part B3.5 – Acoustic privacy
Part B4.5 – Conversion of non-residential buildings
Part B4.6 – Residential development in business areas
Part B4.7 – Diverse & affordable housing
Part A10.6.1– Darling Street (Residential and Civic Precinct), Balmain distinctive
neighbourhood
The additional level is comparable to the height approved in D/2008/504 and in
terms of its scale is not considered to present any additional streetscape, amenity
impacts to the Conservation Area and or surrounding properties.
This Part also recognises the need to consider the interface between Business
zoned sites and adjacent Residential zoned land. As discussed throughout this
report, on balance it is considered that the proposed largely residential use, scale
and not resulting in any adverse amenity impacts to surrounding properties is
appropriate to the site and the residential zoned land it adjoins.
PAGE 514
ITEM 18
Part A7.0 – Heritage conservation
As discussed in Section 4(a)(i) it is considered that subject to further approval, by
way of deferred commencement in relation to the Rowntree Street awning and
painting of the building, the proposal will satisfy the principles of this Part.
As discussed in Section 6 of this report -it is considered that the painting of the
building and Rowntree Street awning treatment be subject to further Council
approval, which are able to be addressed through a recommendation for Deferred
Commencement approval. As mentioned in Section 6 it is considered that the façade
changes, particular to the Rowntree Street elevation area acceptable in this instance.
Part A8.0 – Parking standards & controls & Part C1.2 - Part C1.2 – Parking layout,
servicing & manoeuvring
The original proposal (30 dwellings) required a total of 27.5 parking spaces and
provided 33 spaces. The amended proposal (27 dwellings) required a total of 26.6
spaces and provided 30 spaces. Following review of the carpark/garbage layout it is
considered that the proposed 30 spaces are unlikely to be achieved in the current
design. However, it is considered that the design can be amended by way of
deferred commencement conditions for the carpark/garbage layout to be submitted
and approved to Council prior to the consent becoming active, this will result in a
total of 25 spaces. As discussed in Part B4.6 parking is not generally to be pursued
for residential uses in Business zones, therefore essentially only 2.8 spaces are
required for the entire building based on the commercial use parking rate, however it
is considered appropriate in this instance that some residential parking be available
as proposed and that refusal for an excess of 22.2 spaces unlikely to be sustainable.
The proposal provides in excess of the required bicycle parking (required 11,
proposed 14) and it is also in very close proximity to public transport facilities along
Darling and Rowntree Streets. In terms of a mixed use development, its variety of
vehicle and non-vehicle provisions, combined with its location is considered to be a
well-balanced proposal.
In terms of the servicing and manoeuvring, it is ‘in principle’ acceptable, however as
part of the deferred commencement recommendation the carpark/garbage layout will
be subject to final approval by Council.
Part B3.1 – Solar Access
As discussed in Section 4(a)(i) of this report as part of SEPP 65, in summary it is
considered that the proposed solar access to the dwellings is acceptable in this
instance.
Part B3.3 – Visual privacy
As discussed in Section 4(a)(i) of this report as part of SEPP 65, in summary it is
considered that the proposed privacy between the dwellings and across boundaries
is acceptable in this instance subject to conditions.
Part B4.6 – Residential development in business areas
This Part prescribes that ‘no car parking should be provided’ for residential uses in
business zones. This is largely to encourage other modes of transport, particularly
public transport where these services are more widely available within the business
zones as opposed in residential zones. Darling Street is well serviced with public
transport facilities, however it is also considered that with no parking for the
dwellings this may place pressures on existing on-street parking. As a result, it is
considered that in this instance parking can be provided for the residential
PAGE 515
ITEM 18
component. In terms of the overall existing and proposed parking on the site, this will
be reduced from what is currently provided on the site for the commercial building
(two levels to one level)), therefore, the amount of movements into/out of the site
could reduce overall movements on the street network.
In the case that the proposal was located within a residential zone Part A8.0 would
require an additional 1.6 spaces above which is proposed and can be provided on
the site, given the recommended conditions.
As discussed, the proposed parking is considered acceptable and it is not
considered sustainable to pursue further parking in this instance.
Part B4.7 – Diverse & affordable housing
As discussed in Section 4(a)(i) of this report, it is acknowledged that the proposal
does not satisfy the numerical requirements for Diverse Housing under Clause 19(6)
of LEP2000, however it is considered that a variation can be supported in this
instance. As also mentioned, the proposal complies with the Adaptable Housing
provision held in Clause 19(7) of LEP2000.
Part C – Non-Residential Development
The proposal retains a non-residential component at ground level and there is
generally no material change to its design and or layout. There are servicing
considerations, which as discussed above are ‘in principle’ acceptable.
Leichhardt Development Control Plan No.38 – Waste: Avoid, Reuse, Recycle
As discussed in Section 6 of this report there are some remaining concerns with the
carpark/garbage layout which include –
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The area of the waste and recycling storage room of 20.7sqm is adequate with
the addition of an access door to North St to enable access to Council’s
collection service.
Bins are to be collected by Council staff from the storage room i.e. no bins are
to be placed on North Street.
This door will need to be unlocked by the Building Manager on the day of
collection.
Internal access is to be provided for the residents of the building from within the
carpark to the waste / recycling storage room with a security door.
A separate and self-contained waste / recycling storage room is to be provided
internally or within the car-park immediately to rear of the commercial tenancy.
A private waste contractor is to collect the commercial waste and recycling.
No waste or recycling bins are to be placed on Rowntree Street, Darling Street
or the existing driveway for or prior to collection.
It is considered that the waste issues above, are able to be addressed as part of the
recommendation for deferred commencement. Also as part of the Deferred
Commencement a revised ongoing Waste Management Plan will be required for
assessment to address the ongoing management of the waste off the site.
PAGE 516
ITEM 18
(a)(iv) Environmental Planning and Assessment Regulation 2000
The Development Application has been assessed against the relevant clauses of the
Environmental Planning and Assessment Regulation 2000. The Development
Application fully complies with the relevant provisions of the Environmental Planning
and Assessment Regulation 2000.
Clause 92(1)(b) of the Regulation Council to consider the provisions of Australian
Standard AS 2601-1991: The demolition of structures. The demolition of the existing
structures is to be carried out in accordance with a construction/demolition
management plan, which is to be submitted prior to the issue of a Construction
Certificate. Conditions to this effect are included in the recommendation section of
this report.
(b)
The likely environmental both natural and built environment, social and
economic impacts in the locality
The assessment of the Development Application demonstrates that, subject to the
recommended conditions, the proposal will have minimal impact in the locality.
(c)
The suitability of the site for the development
The site is zoned business. Provided that any adverse effects on adjoining properties
are minimised, this site is considered suitable to accommodate the proposed
development, and this has been demonstrated in the assessment of the application.
(d)
Any submissions made in accordance with the Act or the regulations
The Development Application was notified for a period of 14 days. The notification
period was from 30th October 2013 to 13th November 2013. The notification of the
application included:
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Letters sent to 113 properties.
A yellow site notice placed on the site.
Listing under the notification section on Council’s website.
The amended plans lodged were not required to be re-notified as they fell within
Clause 2.2(e) – Development Control Plan No. 36 – Notifications, that reads – The
following applications do not require notification….. e) Amendments to an
undetermined application which constitute a reduced or lesser development having
minimal environmental impacts, or which have been proposed in order to address
concerns raised by Council and/or objectors;…. The amended plans were
considered to have both constituted a lesser development and in order to address
Council concerns.
Four (4) objections were received during the advertising period or the original plans.
Traffic and Parking
 Parking arrangements for both residents and visitors on the ground floor appear
to be unworkable and the Development will result in less parking available for
residents in North St, Rowntree St. and other streets in the immediate vicinity.
 Traffic Congestion
PAGE 517
ITEM 18
Comment: A Traffic and Parking Report was submitted and assessed to the
amended proposal and considered the proposed parking requirement. The amended
plans reduced the number of dwellings from 30 to 27. As discussed in Sections
4(a)(iii) and 6 of this report, in summary the proposed parking provision as
recommended is acceptable, as a result to pursue a refusal based on this issue is
not considered sustainable. In terms of traffic, the road network is considered able to
accommodate the traffic movements of the proposal. The proposal does not also
affect any existing on-street parking spaces as the driveways proposed to be used
exist both to North and Rowntree Streets.
Waste Disposal
The proposed method of waste disposal is impractical and inadequate.
Comment: The amended plans altered the garbage room location to the
northwestern corner of the building. As discussed in Section 4(a)(iii) and 6 of this
report, the carpark/garbage layout and ongoing waste is ‘in principle’ acceptable,
however further details are required to ensure the full details prior to the consent
becoming active.
The proposal represents an overdevelopment of the site with clear and foreseeable
risks to living conditions for myself, my family and residents of North St. Balmain.
Comment: An assessment of the bulk and scale of the development is contained in
Sections 4(a)(i) and 4(a)(ii) of this report. In summary the overall scale is comparable
to that approved in D/2008/504 and that as a reuse of an existing building and
significant portions of the building’s contribution to the Heritage Conservation Area it
is considered acceptable.
Increase in noise
Comment: The site is located in a Business Zone, and remains in a Business Zone
under LEP2013, and is permissible as proposed, However, there are always
potential issues between the interface of business and residential zoning, generally
in relation to business and residential uses.
In this instance, the proposal seeks a largely ‘residential’ use which is compatible
with the residential zonings of the north, therefore it is considered to be an
appropriate use for the locality.
In terms of acoustic privacy, there is no evidence to suggest that the proposed use
will have any greater acoustic impact to that of the existing use and as the above
ground level use will be residential, it is not envisaged that any noise other than that
of a domestic nature will occur. With air conditioning units and plant, these will likely
be treated to respect the dwellings within the site and as a result are unlikely to result
in impacts across boundaries, these are also subject to noise regulations under the
Protection of the Environment Operations (Noise Control) Regulation 2008.
In the event that acoustic issues occur these are regulated by the Protection of the
Environment Operations Act and can be investigated as required.
PAGE 518
ITEM 18
Loss of privacy to No. 10 North Street and Nos. 2 & 4 Rowntree Street
A visual privacy assessment is contained in Section 4(a)(i) of this report, in summary
it is considered that subject to privacy screening to the habitable rooms and terraces
to the Northern Elevation the proposal will not result in an adverse loss of privacy to
surrounding properties.
Increase in dust and pollution
Comment: The proposed use above ground level is residential and there is nothing
to suggest that this use will increase the existing amount of dust or pollution from the
site, if dust or pollution emissions occur at present. Similarly with the noise, dust,
air/odour pollution are regulated by the Protection of the Environment Operations Act
and can be investigated as required.
(e)
The public interest
The public interest is best served by the consistent application of the requirements of
the relevant Environmental Planning Instruments, and by Council ensuring that any
adverse effects on the surrounding area and the environment are appropriately
managed.
The proposal is not contrary to the public interest.
5.
SECTION 94 CONTRIBUTIONS
Section 94 contributions are payable for the additional dwelling. Planning Circular
PS 10-022 issued by the NSW Department of Planning on the 16th September 2010
limits contributions to a maximum of $20,000.00 per dwelling. As such, the
contributions are as follows:
Contribution Plan
Community Facilities
Open Space
Local Area Traffic Management
Access to Balmain Peninsula
Bicycle
Total
6.
Contribution
$80,660.00
$527,771.00
$3,361.43
$17,282.00
$620.17
$629,074.43
Adjusted Contribution
$69,238.87
$453,040.73
$2,885.46
$14,834.94
$532.36
$540,000.00
INTERNAL REFERRALS
The Development Application was referred to the following Council Officers:
Building
In assessment of the additional information lodged, the following comments were
made 
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Fire upgrades required to the building in accordance with under Clauses 93 &
94 of the Environmental Planning and Assessment Regulation 2000.
An Access Management Plan must be provided by an Accredited Access
Consultant prior to the issue of a Construction Certificate.
PAGE 519
ITEM 18
Comment: Conditions are included in the recommendation as advised.
Engineer
made Traffic and Parking
The carpark layout has been amended to provide some minor improvements to the
original layout, but still results in a number of parking spaces which are not viable
and would not be used by future occupants or visitors to the premises. However, the
carpark layout can be modified to some extent to maximise compliance and ensure
all spaces are viable, but this will result in a reduction in the total number of spaces
from 30 to 25. The parking provision is discussed in Section 4(a)(iii) of this report.
Garbage Collection
The applicant has demonstrated that a Council garbage truck cannot access the
existing driveway on the northern side of the site. Therefore, garbage collection for
the residential units will need to be undertaken from the North Street frontage. In this
regard, the proposed bin storage room will need to have a door provided to the North
Street frontage so that direct collection can be undertaken without the bins having to
be lined up and block the footpath.
In relation to garbage collection for the commercial unit, this will be undertaken on
site by private contractor, using smaller trucks. A separate bin storage area will be
required at the rear of the commercial tenancy.
Stormwater Drainage
The OSR calculations must be undertaken to include all BASIX commitments as well
as servicing the car wash bay and other non-potable uses within the commercial
premises, carpark and garbage areas. The water balance model must include
calculations for multiple storage tank sizes, such that the optimal storage volume can
be determined. This can be addressed by way of condition.
Comment: The proposed design changes to the carpark/garbage layout and the
stormwater drainage are such that whilst a recommendation for approval can be
given, that these matters needs to be satisfied by Council prior to the consent
becoming fully active. As a result, the recommendation is for deferred
commencement approval with the above comments included in the recommendation
to be satisfied. The full conditions are included in Section 9 of this report.
Heritage Advisor
made -
No additional openings to front façade
No fins to be constructed to front facade
Street awning to be reconstructed based on photographic evidence
Identifying appropriate art deco colours for front facade
The application is supported on heritage grounds subject to the conditions as
detailed below.
PAGE 520
ITEM 18
Amended plans are to be submitted incorporating the following amendments:
a)
b)
c)
d)
Proposed additional openings to Rowntree Street façade to be deleted
Proposed fins to Rowntree Street façade to be deleted
Street awning to be reconstructed based on available photographic evidence
External colour scheme is to be submitted for approval
Comment: As discussed in Section 4(a)(i) of this report under Clause 15 – Heritage
Objectives, it is considered that points ‘a’ and ‘b’ are not pursued, however points ‘c’
and ‘d’ also form part of the deferred commencement approval.
Landscape Officer
As part of the Construction Certificate documentation, detailed Landscape Plans are
to be prepared by a qualified Landscape Architect or Landscape Designer. The plans
shall include detailed specifications relating to the required planter box volumes that
will provide adequate soil volumes to support the proposed planting into maturity.
Comment: A condition is included in the recommendation as advised.
Waste Services
made Residential waste and recycling
 External access to North Street
o The area of the waste and recycling storage room of 20.7sqm is adequate
with the addition of an access door to North St to enable access to Council’s
collection service.
o Bins are to be collected by Council staff from the storage room i.e. no bins
are to be placed on North Street.
o This door will need to be unlocked by the Building Manager on the day of
collection.
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Internal access
o Internal access is to be provided for the residents of the building from within
the carpark to the waste / recycling storage room with a security door.
Commercial waste and recycling
 A separate and self-contained waste / recycling storage room is to be provided
internally or within the car-park immediately to rear of the commercial tenancy.
 A private waste contractor is to collect waste and recycling.
 No waste or recycling bins are to be placed on Rowntree Street, Darling Street or
the existing driveway for or prior to collection.
Based on a floor area of 185sqm the commercial waste / recycling storage room will
be 5.2sqm to accommodate:

Waste
o 50L/100m2 floor area / day = 92L/day
o 3 x 240 mobile garbage bins (based on 1 collection week)
PAGE 521
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ITEM 18
Recycling
o 50L/100m2 floor area / day = 92L/day
o 3 x 240 mobile garbage bins (based on 1 collection week)
Comment: The design changes noted above, are sought to be addressed as part of
the recommendation for deferred commencement. Also as part of the Deferred
Commencement a revised ongoing Waste Management Plan will be required for
assessment to address the ongoing management of the waste off the site.
Property Officer
No objection to the proposed awning over the footpath subject to on-going conditions
of consent relating to maintenance, liability and insurance, set out in the following
section.
Comment: Conditions are included in the recommendation as advised.
7.
EXTERNAL REFERRALS
The Development Application was not required to be referred to any external body
for comment.
8.
CONCLUSION
The Development Application has been assessed in accordance with Section 79C(1)
of the Environmental Planning and Assessment Act 1979 and all relevant
instruments and policies. The proposal satisfies the objectives of Leichhardt Local
Environmental Plan 2000 and will not result in significant adverse impacts for locality.
Accordingly the application is recommended for approval, subject to the conditions
listed below.
9.
RECOMMENDATION
That Council, as the consent authority pursuant to s80 of the Environmental Planning
and Assessment Act 1979, grant deferred commencement consent to Development
Application No: D/2013/454 for alterations and additions to convert existing
commercial building to a mixed use development consisting of 1 (existing)
commercial use and 27 dwellings with associated parking at 2A Rowntree Street,
Balmain subject to Council’s standard conditions and the following specific
conditions.
DEFERRED COMMENCEMENT
1.
The following deferred commencement conditions must be complied with to the
satisfaction of Council, prior to the issue of an operational Development
Consent.
A.
Parking and Garbage
The Ground Floor Plan on Drawing No 21/DAB prepared by Ross Howieson
Architects dated 10 February 2014 must be amended to address the following:
i)
Parking Space No's 1 to 5 must be replaced with four (4) parking spaces
and the commercial garbage storage area, arranged as follows:
PAGE 522
ITEM 18
a) Provide a 2700mm wide parking space at the southern end.
b) Provide two (2) accessible parking spaces on both sides of the
southernmost column, with a Shared Area spanning the column.
c) Provide the shared visitor and car wash bay to the north of the
accessible parking spaces.
d) The area adjacent to the northern end wall is to accommodate garbage
bin storage for the commercial premises.
ii)
Parking Space No 30 must be deleted to provide unobstructed access to
the residential garbage bin store. An access door must be provided at this
location and at the North Street frontage. The door adjacent to the driveway
must be deleted.
iii) Parking Space No's 10 and 11 must be replaced with an accessible parking
space where Parking Space No 11 is allocated as the Shared Area.
iv) Parking Space No 12 to be allocated for Visitor parking.
v) Parking Space No's 6 and 20 must be deleted.
The design must be certified by a suitably qualified Civil Engineer and be
approved by Council prior to the consent becoming operable.
B.
Stormwater Drainage
The stormwater drainage design on Drawing No's 2013-0024/HDA01-06/P1
and HDA07-08/P2 prepared by Whipps Wood Consulting dated 18 June 2013
and 10 January 2014 respectively, must be amended to address the following:
i)
The water balance model calculations must be amended to include all
BASIX commitments, together with the supply to non-potable uses within
the carpark, garbage stores and commercial premises including toilet
flushing and servicing of the car wash bay. The model must be run for a
range of tank storages such that the volumes can be plotted against water
savings to determine the optimal storage tank size.
ii)
The stormwater drainage must be amended in accordance with the
amended calculations. The plans must clearly specify all facilities that will
be serviced by the on site retention/ rainwater re-use system.
iii) The existing stormwater outlets from the site to the kerb and gutter in
Rowntree Street must be replaced by three hot dipped galvanised steel
hollow sections with a minimum wall thickness of 4.0mm, a section height
of 100mm and a width of 150mm. The outlets must have a minimum
separation of 100mm at the kerb and light reinforcement must be placed in
the concrete across the top of the outlets.
PAGE 523
C.
ITEM 18
Waste
The carpark/garbage layout is to be amended and a Waste Management Plan
is to address the following Residential waste and recycling
i) External access to North Street
a) The area of the waste and recycling storage room of 20.7sqm is
adequate with the addition of an access door to North St to enable
access to Council’s collection service.
b) Bins are to be collected by Council staff from the storage room i.e. no
bins are to be placed on North Street.
c) This door will need to be unlocked by the Building Manager on the day
of collection.
ii)
Internal access
a) Internal access is to be provided for the residents of the building from
within the carpark to the waste / recycling storage room with a security
door.
iii) A separate and self-contained waste / recycling storage room is to be
provided internally or within the car-park immediately to rear of the
commercial tenancy.
iv) A private waste contractor is to collect waste and recycling.
v) No waste or recycling bins are to be placed on Rowntree Street, Darling
Street or the existing driveway for or prior to collection.
Based on a floor area of 185sqm the commercial waste / recycling storage
room will be 5.2sqm to accommodate:
vi) Waste
a) 50L/100m2 floor area / day = 92L/day
b) 3 x 240 mobile garbage bins (based on 1 collection week)
vii) Recycling
D.
Heritage
Amended plans are to be lodged and approved by Council to address the
following –
i)
ii)
The Rowntree Street awning is to be amended and the design submitted to
Council. The awning design is to be based on available photographic
evidence.
An external colour scheme is to be submitted, based on historical evidence
of the building.
PAGE 524
ITEM 18
CONDITIONS OF CONSENT
The following conditions of consent including any other conditions that may arise
from resolution of matters listed in the above condition, will be included in an
operational Development Consent. The operational Development Consent will be
issued by Council after the applicant provides sufficient information to satisfy Council
in relation to the conditions of the deferred commencement consent.
3.
a)
b)
To ensure reasonable privacy for surrounding properties, the northern
elevation windows servicing all habitable rooms, must be adequately
screened to avoid overlooking. This can be achieved by one of the
following measures:
i)
Permanently fixing the windows to 1.6m sill height (that is windows
are not to swing or lift open) with obscure glazing; and/or
ii)
An internal louvred screen to a height of 1.6 m above finished floor
level that are 75% obscure density and have no individual opening
more than 30mm wide, The louvres may tilt open from a closed
position to an angle of 45 degrees in either a downward or upward
position. They are to be permanently fixed and made of durable
materials.
To ensure reasonable privacy for surrounding properties, the terraces
having an aspect to the northern elevation to dwellings Nos. 307, 402 and
406, must be adequately screened to avoid overlooking to the northern
elevation. This is to be achieved by a louvred privacy screen to a height of
1.6 m above finished floor level, which is a minimum 75% obscure density
and have no individual opening more than 30mm wide, The louvres may
tilt open from a closed position to an angle of 45 degrees in either a
downward or upward position. They are to be permanently fixed and
made of durable materials.
The amendments are to be provided prior to the issue of a Construction
Certificate.
PAGE 525
ITEM 18
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ITEM 18
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ITEM 18
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ITEM 18
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ITEM 18
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ITEM 18
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ITEM 18
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ITEM 18
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ITEM 18
DEFERRED COMMENCEMENT
1.
The following deferred commencement conditions must be complied with to the
satisfaction of Council, prior to the issue of an operational Development
Consent.
A.
Parking and Garbage
The Ground Floor Plan on Drawing No 21/DAB prepared by Ross Howieson
Architects dated 10 February 2014 must be amended to address the following:
i)
Parking Space No's 1 to 5 must be replaced with four (4) parking spaces
and the commercial garbage storage area, arranged as follows:
a) Provide a 2700mm wide parking space at the southern end.
b) Provide two (2) accessible parking spaces on both sides of the
southernmost column, with a Shared Area spanning the column.
c) Provide the shared visitor and car wash bay to the north of the
accessible parking spaces.
d) The area adjacent to the northern end wall is to accommodate garbage
bin storage for the commercial premises.
ii)
Parking Space No 30 must be deleted to provide unobstructed access to
the residential garbage bin store. An access door must be provided at this
location and at the North Street frontage. The door adjacent to the driveway
must be deleted.
iii) Parking Space No's 10 and 11 must be replaced with an accessible parking
space where Parking Space No 11 is allocated as the Shared Area.
iv) Parking Space No 12 to be allocated for Visitor parking.
v) Parking Space No's 6 and 20 must be deleted.
B.
Stormwater Drainage
The stormwater drainage design on Drawing No's 2013-0024/HDA01-06/P1
and HDA07-08/P2 prepared by Whipps Wood Consulting dated 18 June 2013
and 10 January 2014 respectively, must be amended to address the following:
i)
The water balance model calculations must be amended to include all
BASIX commitments, together with the supply to non-potable uses within
the carpark, garbage stores and commercial premises including toilet
flushing and servicing of the car wash bay. The model must be run for a
range of tank storages such that the volumes can be plotted against water
savings to determine the optimal storage tank size.
ii)
The stormwater drainage must be amended in accordance with the
amended calculations. The plans must clearly specify all facilities that will
be serviced by the on site retention/ rainwater re-use system.
PAGE 535
ITEM 18
iii) The existing stormwater outlets from the site to the kerb and gutter in
separation of 100mm at the kerb and light reinforcement must be placed in
the concrete across the top of the outlets.
C.
Waste
The carpark/garbage layout is to be amended and a Waste Management Plan
is to address the following Residential waste and recycling
i) External access to North Street
a) The area of the waste and recycling storage room of 20.7sqm is
adequate with the addition of an access door to North St to enable
access to Council’s collection service.
b) Bins are to be collected by Council staff from the storage room i.e. no
bins are to be placed on North Street.
c) This door will need to be unlocked by the Building Manager on the day
of collection.
ii)
Internal access
a) Internal access is to be provided for the residents of the building from
within the carpark to the waste / recycling storage room with a security
door.
iii) A separate and self-contained waste / recycling storage room is to be
provided internally or within the car-park immediately to rear of the
commercial tenancy.
iv) A private waste contractor is to collect waste and recycling.
v) No waste or recycling bins are to be placed on Rowntree Street, Darling
Street or the existing driveway for or prior to collection.
Based on a floor area of 185sqm the commercial waste / recycling storage
room will be 5.2sqm to accommodate:
vi) Waste
vii) Recycling
PAGE 536
D.
ITEM 18
Heritage
Amended plans are to be lodged and approved by Council to address the
following –
i)
ii)
The Rowntree Street awning is to be amended and the design submitted to
Council. The awning design is to be based on available photographic
evidence.
An external colour scheme is to be submitted, based on historical evidence
of the building.
The following conditions of consent including any other conditions that may arise
from resolution of matters listed in the above condition, will be included in an
operational Development Consent. The operational Development Consent will be
issued by Council after the applicant provides sufficient information to satisfy Council
in relation to the conditions of the deferred commencement consent.
CONDITIONS OF CONSENT
2.
Development must be carried out in accordance with Development Application
No. D/2013/454 and the following plans and supplementary documentation,
except where amended by the conditions of this consent.
Plan Reference
Drawing No. 201 – Rev DAB – Ground
Floor
Drawing No. 202 – Rev DAB – Level 1
Drawing No. 401 – Rev DAB – Cross
Section
Drawing No. 402 – Rev DAB –
Longitudinal Section Through Proposed
Building
Drawing No. 601 – Rev DA – East
Elevation
Drawing No. 602 – Rev DA – North
Elevation
Drawing No. 603 – Rev DA – West
Elevation
Drawing No. 604 – Rev DA – South
Elevation
Drawing No. 605 – Rev DA – Ground
Floor Demolition Plan
Drawing No. 606 – Rev DA – Level 1
Demolition Plan
Demolition Plan
Demolition Plan
Drawn By
Ross Howieson Architects
Dated
10/02/2014
10/02/2014
10/02/2014
10/02/2014
01/05/2013
10/02/2014
10/02/2014
01/10/2013
01/10/2013
01/10/2013
01/10/2013
01/10/2013
01/10/2013
01/10/2013
01/10/2013
PAGE 537
ITEM 18
Demolition Plan
Drawing No. 610 – Rev DA –
Longitudinal Section Through Existing
Building
Drawing No. HDA01/P1 – Hydraulic
Services – Ground Floor Plan
Services – Level 1 Plan
Services – Roof Plan
Services – Stormwater Details
Services – Stormwater Schedules
01/10/2013
01/10/2013
Whipps-Wood consulting
18/06/2013
18/06/2013
18/06/2013
18/06/2013
18/06/2013
18/06/2013
10/01/2014
10/01/2014
In the event of any inconsistency between the approved plans and the conditions,
the conditions will prevail.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
3.
a)
b)
To ensure reasonable privacy for surrounding properties, the northern
elevation windows servicing all habitable rooms, must be adequately
screened to avoid overlooking. This can be achieved by one of the
following measures:
i)
Permanently fixing the windows to 1.6m sill height (that is windows
are not to swing or lift open) with obscure glazing; and/or
ii)
An internal louvred screen to a height of 1.6 m above finished floor
level that are 75% obscure density and have no individual opening
more than 30mm wide, The louvres may tilt open from a closed
position to an angle of 45 degrees in either a downward or upward
position. They are to be permanently fixed and made of durable
materials.
To ensure reasonable privacy for surrounding properties, the terraces
having an aspect to the northern elevation to dwellings Nos. 307, 402 and
406 must be adequately screened to avoid overlooking to the
northern elevation. This is to be achieved by a louvred privacy screen
to a height of 1.6 m above finished floor level, which is a minimum 75%
obscure density and have no individual opening more than 30mm wide,
The louvres may tilt open from a closed position to an angle of 45 degrees
in either a downward or upward position. They are to be permanently fixed
and made of durable materials.
PAGE 538
ITEM 18
The amendments are to be provided prior to the issue of a Construction
Certificate.
4.
An Access Management Plan must be provided by an Accredited Access
Consultant prior to the issue of a Construction Certificate. Details of the Access
Management Plan must address:
a)
b)
c)
d)
e)
5.
Confirmation whether the Disability (Access to Premises – Buildings)
Standards 2010 is applicable to the development, in particular whether the
Standards apply to the affected part.
Proposed requirements for access to the building or part of building for
people with a disability in accordance with Part D3 of Building Code of
Australia.
Conduct an assessment and identify any non-compliances with the
Disability Standards 2010 and/or the Building Code of Australia where
applicable and provide recommendations to achieve compliance with the
relevant performance requirements.
If the building is located within a heritage conservation area, any changes
required to the external fabric of the building that are outside the approved
works will require development consent from Council. If the building is a
listed heritage item, any works outside the approved works will require
development consent from Council.
Accessible carparking spaces should be provided, where applicable, in
accordance with Part D3.5 of Building Code of Australia.
Any air conditioning unit on the site must be installed and operated at all times
so as not to cause “Offensive Noise” as defined by the Protection of the
Environment (Operations) Act 1997. Domestic air conditioners must not be
audible in nearby dwellings between 10:00pm to 7:00am on Monday to
Saturday and 10:00pm to 8:00am on Sundays and Public Holidays.
Air
conditioning units must be installed in accordance with plans referenced in
condition 1 or to satisfy provisions of the State Environmental Planning Policy
(Exempt & Complying Codes) 2008.
Details of the acoustic measures to be employed to achieve compliance with this
condition must be provided prior to the issue of a Construction Certificate.
6.
The bicycle storage area must accommodate a minimum of 14 bicycles and be
designed in accordance with Australian Standard AS 2890.3:1993 Parking Facilities
– Bicycle parking facilities. Details are to be provided prior to the issue of a
Construction Certificate.
7.
In accordance with the provisions of Section 81A of the Environmental Planning
and Assessment Act 1979 construction works approved by this consent must
not commence until:
a)
A Construction Certificate has been issued by Council or an Accredited
Certifier. Either Council or an Accredited Certifier can act as the “Certifying
Authority.”
PAGE 539
ITEM 18
b)
A Principal Certifying Authority has been appointed and Council has been
notified in writing of the appointment.
c)
At least two days notice, in writing has been given to Council of the
intention to commence work.
The documentation required under this condition must show that the proposal
complies with all Development Consent conditions, the Building Code of
Australia and the relevant Australian Standards.
8.
Consent is granted for the demolition on the property, subject to strict
compliance with the following conditions:
a)
The developer is to notify adjoining residents seven (7) working days prior
to demolition. Such notification is to be clearly written on A4 size paper
giving the date demolition will commence and be placed in the letterbox of
every premises (including every residential flat or unit, if any) either side,
immediately at the rear of and directly opposite the demolition site.
b)
Written notice is to be given to Council / Certifying Authority for inspection
prior to demolition. Such written notice is to include the date when
demolition will commence and details of the name, address, business hours
and contact telephone number and licence number of the demolisher. The
following building inspections must be undertaken by Council / Certifying
Authority:
i)
A pre commencement inspection when all the site works are installed
on the site and prior to demolition commencing.
ii)
A final inspection when the demolition works have been completed.
NOTE: Council requires 24 hours notice to carry out inspections. Arrangement
for inspections can be made by phoning 9367 9222.
c)
Prior to demolition, the applicant must erect a sign at the front of the
property with the demolisher’s name, licence number, contact phone
number and site address.
d)
Prior to demolition, the applicant must erect a 2.4m high temporary fence,
hoarding between the work site and any public property (footpaths, roads,
reserves etc). Access to the site must be restricted to authorised persons
only and the site must be secured against unauthorised entry when work is
not in progress or the site is otherwise unoccupied.
e)
The demolition plans must be submitted to the appropriate Sydney Water
Office, to determine whether the development will affect Sydney Water’s
sewer and water mains, stormwater drains and/or easements. If the
development complies with Sydney Water’s requirements, the plans will be
stamped indicating that no further requirements are necessary.
f)
Demolition is to be carried out in accordance with the relevant provisions of
Australian Standard 2601:2001: Demolition of structures.
PAGE 540
ITEM 18
g)
The hours of demolition work are limited to between 7:00am and 5.30pm
on weekdays. No demolition work is to be carried out on Saturdays,
Sundays and public holidays.
h)
Hazardous or intractable wastes arising from the demolition process must
be removed and disposed of in accordance with the requirements of
WorkCover New South Wales and the Department of Environment and
Climate Change NSW.
i)
Demolition procedures must maximise the reuse and recycling of
demolished materials in order to reduce the environmental impacts of
waste disposal.
j)
During demolition, public property (footpaths, roads, reserves etc) must be
clear at all times and must not be obstructed by any demolished material
or vehicles. The footpaths and roads must be swept (not hosed) clean of
any material, including clay, soil and sand. On the spot fines may be levied
by Council against the demolisher and/or owner for failure to comply with
this condition.
k)
All vehicles leaving the site with demolition materials must have their
loads covered and vehicles must not track soil and other materials onto
public property (footpaths, roads, reserves etc) and the footpaths must be
suitably protected against damage when plant and vehicles access the site.
l)
The burning of any demolished material on site is not permitted and
offenders will be prosecuted.
m)
Care must be taken during demolition to ensure that existing services on
the site (ie, sewer, electricity, gas, phone) are not damaged. Any damage
caused to existing services must be repaired by the relevant authority at
the applicant’s expense.
n)
Suitable erosion and sediment control measures in accordance with the
Soil and Water Management Plan must be erected prior to the
commencement of demolition works and must be maintained at all times.
o)
Prior to demolition, a Work Plan must be prepared and submitted to
Council / Certifying Authority in accordance with the relevant provisions of
Australian Standard 2601:2001 Demolition of structures by a person with
suitable expertise and experience. The Work Plan must identify hazardous
materials including surfaces coated with lead paint, method of demolition,
the precautions to be employed to minimise any dust nuisance and the
disposal methods for hazardous materials.
p)
If the property was built prior to 1987 an asbestos survey prepared by a
qualified occupational hygienist is to be undertaken. If asbestos is present
then:
i)
A WorkCover licensed contractor must undertake removal of all
asbestos.
PAGE 541
9.
ITEM 18
ii)
During the asbestos removal a sign “DANGER ASBESTOS
REMOVAL IN PROGRESS” measuring not less than 400 mm x 300
mm is to be erected in a visible position on the site to the satisfaction
of Council.
iii)
Waste disposal receipts must be provided to Council / Certifying
Authority as proof of correct disposal of asbestos laden waste.
iv)
All removal of asbestos must comply with the requirements of
WorkCover and Leichhardt Council.
v)
An asbestos clearance certificate prepared by a qualified occupation
hygienist must be provided at the completion of the demolition works.
Prior to the commencement of demolition works on the subject site or a
Construction Certificate being issued for works approved by this development
consent (whichever occurs first), a security deposit to the value of $6,684.94
must be paid to Council to cover the cost of making good any damage caused to
any Council property or the physical environment as a consequence of carrying
out the works.
Payment will be accepted in the form of cash, bank cheque or EFTPOS/credit
card (to a maximum of $10,000).
Should any of Council’s property and/or the physical environment sustain
damage during the course of the demolition or construction works, or if the
works put Council’s assets or the environment at risk, Council may carry out any
works necessary to repair the damage and/or remove the risk. The cost of these
works will be deducted from the security.
An inspection fee of $207 to determine the condition of the adjacent road
reserve is also required to be paid to Council prior to the commencement of
demolition works on the site or a Construction Certificate being issued for works
approved by this development consent (whichever occurs first). A request for
release of the security may be made to the Council after all construction work
has been completed and an Occupation Certificate issued.
The amount nominated is only current for the financial year in which the
consent was issued and is revised each financial year. The amount payable
must be consistent with Council’s Fees and Charges in force at the date of
payment.
10. A Building Code of Australia audit is to be carried out. The audit must cover all
clauses within Section C, D and E of the Building Code of Australia.
The results of the audit are to be incorporated into a report and strategy to
overcome the non-compliant provision either by alternate solution or adherence
to deemed-to-satisfy provision by satisfying the performance requirements of
Sections C, D and E of the Building Code of Australia.
PAGE 542
ITEM 18
A schedule of existing and proposed essential fire safety measures, including
their standard performance must be included in the strategy. The report, strategy
and compliance certificate from a fire engineer must be provided prior to the
issue of a Construction Certificate to the satisfaction of the Certifying Authority.
11. The Category 1 fire safety provisions that are applicable to the approved use
must be installed in the building prior to the use commencing as required by
Clause 93 of the Environmental Planning and Assessment Regulation 2000.
Amended plans and specifications demonstrating compliance with this
condition must be submitted to the certifying authority with the application for a
Construction Certificate.
Note: The obligation to comply with the Category 1 fire safety provisions may
require building work to be carried out even though none is proposed or
otherwise required in relation to the relevant development consent.
Note: This condition does not apply to the extent to which an exemption is in
force under clause 187 or 188, subject to the terms of any condition or
requirement referred to in clause 187 (6) or 188, subject to the terms of any
condition or requirement referred to in clause 187 (6) or 188.
12. A landscape plan prepared by a qualified Landscape Architect or Landscape
Consultant must be provided prior to the issue of a Construction Certificate. The
plan must include:
a)
A detailed planting schedule including species by botanical and common
names, quantities, pot sizes and estimated size at maturity.
b)
At least 85% of the plantings must be native species from the Sydney
locale.
c)
At least one tree capable of a height of four (4) metres.
d)
Details of planting procedure.
e)
A landscape maintenance strategy for the owner / occupier to administer
over a twelve (12) month establishment period.
f)
Details of drainage and watering systems.
g)
The plans shall include detailed specifications relating to the required
planter box volumes that will provide adequate soil volumes to support the
proposed planting into maturity.
13. In accordance with Section 34 of the Building and Construction Industry Long
Service Payments Act 1986, the applicant must pay a long service levy at the
prescribed rate of 0.0035 of the total cost of the work to either the Long
Service Payments Corporation or Council for any work costing $25,000 or more.
The Long Service Levy is payable prior to the issue of a Construction Certificate.
PAGE 543
ITEM 18
14. The applicant must bear the cost of reconstruction of the existing vehicle
crossing at the North Street frontage of the site. An application must be made
to Council for a Roadworks Permit under Section 138 of the Roads Act
1993 and Section 68 of the Local Government Act 1993 for approval to
construct these works. The Roadworks Permit must be provided prior to the
issue of a Construction Certificate.
These works must be constructed in accordance with the conditions of the
Roadworks Permit and be completed prior to the issue of an Occupation
Certificate.
Note: The cost of adjustment or relocation of any public utility service shall be
borne by the owner/applicant. Where the finished levels of the new works will
result in changes to the existing surface levels, the cost of all necessary
adjustments or transitions beyond the above scope of works shall be borne by
the owner/applicant.
15. A contribution pursuant to the provisions of Section 94 of the Environmental
Planning and Assessment Act 1979 for the services detailed in column A and for
the amount detailed in column B must be made to Council prior to the issue of a
Construction Certificate:
Column A
Community Facilities
Open Space
Local Area Traffic Management
Access to Balmain Peninsula
Bicycle
Total
Column B
$69,238.87
$453,040.73
$2,885.46
$14,834.94
$532.36
$540,000.00
The total contribution is: $540,000
Payment will only be accepted in the form of cash, bank cheque or EFTPOS /
Credit Card (to a maximum of $10,000). It should be noted that personal
cheques or bank guarantees cannot be accepted for Section 94 Contributions.
Contribution
Plans
may
be
inspected
on
Council’s
website
www.leichhardt.nsw.gov.au or a copy purchased at the Citizen Service in
Council’s Administration Centre, 7-15 Wetherill Street, Leichhardt, during
business hours.
16. A Soil and Water Management Plan must be provided prior to the issue of a
Construction Certificate. The Soil and Water Management plan must be
compatible with the Construction Management and Traffic Management Plan
referred to in this Development Consent and must address, but is not limited to
the following issues:
a)
Minimise the area of soils exposed at any one time.
b)
Conservation of top soil.
c)
Identify and protect proposed stockpile locations.
PAGE 544
ITEM 18
d)
Preserve existing vegetation. Identify revegetation technique and materials.
e)
Prevent soil, sand, sediments leaving the site in an uncontrolled manner.
f)
Control surface water flows through the site in a manner that:
i)
ii)
iii)
iv)
Diverts clean run-off around disturbed areas;
Minimises slope gradient and flow distance within disturbed areas;
Ensures surface run-off occurs at non erodable velocities;
Ensures disturbed areas are promptly rehabilitated.
g)
Sediment and erosion control measures in place before work commences.
h)
Materials are not tracked onto the road by vehicles entering or leaving
the site.
i)
Details of drainage to protect and drain the site during works.
17. The approved plans must be submitted to a Sydney Water Quick Check agent or
Customer Service Centre to determine whether the development will affect
Sydney Water’s sewer and water mains, stormwater drains and/or easements,
and if further requirements need to be met. Plans will be appropriately stamped.
For Quick Check agent details please refer to the web site
www.sydneywater.com.au see Building Developing and Plumbing then Quick
Check or telephone 132092.
The Certifying Authority must ensure the Quick Check agent/Sydney Water has
appropriately stamped the plans prior to the issue of a Construction Certificate.
18. Prior to the issue of a Construction Certificate, the applicant must prepare a
Construction Management and Traffic Management Plan. The following matters
should be addressed in the plan, where appropriate:
a)
A plan view of the entire site and frontage roadways indicating:
i)
Dedicated construction site entrances and exits, controlled by a
certified traffic controller, to safely manage pedestrians and
construction related vehicles in the frontage roadways.
ii)
Turning areas within the site for construction and spoil removal
vehicles, allowing a forward egress for all construction vehicles on the
site.
iii)
The locations of proposed work zones in the frontage roadways.
iv)
Location of any proposed crane and concrete pump and truck
standing areas on and off the site.
v)
A dedicated unloading and loading point within the site for all
construction vehicles, plant and deliveries.
PAGE 545
ITEM 18
vi)
Material, plant and spoil bin storage areas within the site, where all
materials are to be dropped off and collected.
vii)
An on-site parking area for employees, tradespersons
construction vehicles as far as possible.
and
viii) The proposed areas within the site to be used for the storage of
excavated material, construction materials and waste and recycling
containers during the construction period.
ix)
How it is proposed to ensure that soil/excavated material is not
transported onto surrounding footpaths and roadways.
x)
The proposed method of support to any excavation adjacent to
adjoining properties, or the road reserve. The proposed method of
support is to be designed by a Chartered Civil Engineer, with National
Professional Engineering Registration (NPER) in the construction of
civil works or a survey company of Registered Surveyors with
“preliminary accreditation” from the Institution of Surveyors New
South Wales Inc. or an accredited certifier.
b)
Construction Noise
During excavation, demolition and construction phases, noise generated
from the site must be controlled.
c)
Occupational Health and Safety
All site works must comply with the occupational health and safety
requirements of the New South Wales Work Cover Authority.
d)
Toilet Facilities
During excavation, demolition and construction phases, toilet facilities are to
be provided on the site, at the rate of one toilet for every twenty (20)
persons or part of twenty (20) persons employed at the site.
e)
Traffic control plan(s) for the site
All traffic control plans must be in accordance with the Roads and Traffic
Authority 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.
19. Under Clause 94 of the Environmental Planning & Assessment Regulations
2000, a consent authority may require buildings to be upgraded where the
measures contained in the building are inadequate:
(i)
to protect persons using the building, and to facilitate their egress from the
building, in the event of fire, or
PAGE 546
(ii)
ITEM 18
to restrict the spread of fire from the building to other buildings nearby.
In such circumstances, the consent authority is to take into consideration
whether it would be appropriate to require the existing building to be brought
into total or partial conformity with the Building Code of Australia.
Following assessment it has been determined the existing building is required
to be brought into partial conformity with the Building Code of Australia.
The following fire safety upgrade is required:
Engage the services of an Accredited Certifier or appropriately qualified
consultant, to provide a Building Code of Australia audit which shall cover
Sections C, D and E of Building Code of Australia and indicate compliant, noncompliant or not applicable matters. The recommendations of the audit are to
address the non-compliances in the building and provide a strategy or
recommendations to satisfy the applicable performance requirements of
Building Code of Australia. The recommendations shall be indicated on plans
and the audit submitted to the Principal Certifying Authority as part of the
Construction Certificate application.
20. The Principal Certifying Authority shall ensure the existing and proposed fire
safety measures are installed and certified to be operating in accordance with
Building Code of Australia and Australian Standards. A Fire Safety Certificate
shall be submitted to the Principal Certifying Authority prior to issue of an
Occupation Certificate.
21. Details of any proposed mechanical exhaust systems, detailing compliance with
the relevant requirements of Clause F4.12 of the Building Code of Australia and
Australian Standard 1668 Parts 1 and 2 (including exhaust air quantities and
discharge location points) are to be submitted to Council or the Principal
Certifying Authority for approval prior to the issue of a Construction Certificate.
22. Details and location of the proposed garbage room are to be provided prior to
the issue of a Construction Certificate. Rooms used for the storage of garbage
and rooms used for the washing and storage of garbage receptacles are to be
constructed of solid material, cement rendered and trowelled to a smooth even
surface and subject to the following requirements:
a)
The floor must be of impervious material coved at the intersection with the
walls, graded and drained to an approved floor waste within the room.
b)
Garbage rooms must be vented to the external air by natural or
mechanical ventilation.
23. A Waste Management Plan is to be provided prior to the issue of a
Construction Certificate. The Waste Management Plan is to be prepared in
accordance with Council’s Development Control Plan No 38 – Avoid, Reuse,
Recycle. The plan must address all issues identified in Development Control
Plan No 38 including but not limited to:
PAGE 547
ITEM 18
a)
Estimated quantities of materials that are reused, recycled, removed from
site.
b)
On site material storage areas during construction.
c)
Materials and methods used during construction to minimise waste.
d)
Nomination of end location of all waste generated.
All requirements of the approved Waste Management Plan
implemented during the construction of the development.
must be
24. A stormwater drainage design, incorporating on site stormwater
retention/detention facilities (OSR/OSD), prepared by a qualified practicing Civil
Engineer must be provided prior to the issue of a Construction Certificate. The
design must be prepared/ amended to make provision for the following:
a)
The design must be generally in accordance with the stormwater drainage
design approved under Deferred Commencement Condition No 2.
b)
Comply with Council’s Stormwater Drainage Code.
c)
All plumbing within the site must be carried out in accordance with
relevant provisions of Australian Standard AS/NZS 3500.3-2003 Plumbing
and Drainage – Stormwater Drainage.
25. The design of the vehicular access and off street parking facilities must comply
with Australian Standards, including but not limited to AS/NZS2890.1-2004
Parking Facilities – Off-Street Car Parking, AS/NZS 2890.6-2009 Off-street
parking for people with disabilities, and AS2890.3-1993 Parking Facilities –
Bicycle parking facilities. Details demonstrating compliance are to be provided
prior to the issue of a Construction Certificate.
The design must be generally in accordance with the Ground Floor Plans and
Deferred Commencement Condition No 1.
The driveway and car park aisles must be designed to be one way, from
Rowntree Street to North Street, with Left-Only exit onto North Street.
The design must be certified by a suitably qualified Civil Engineer with NPER
registration with the Institution of Engineers Australia and be provided prior to
the issue of a Construction Certificate
26.
The applicant must bear the cost of construction of the following works:
a)
Reconstruction of the footpath for the full Rowntree Street frontage of the
site in pavers in accordance with the Draft Mainstreet Masterplan for
Darling Street, including reconstruction of the existing concrete vehicle
crossing.
PAGE 548
ITEM 18
b)
Reconstruction of the kerb and gutter and footpath for the full North Street
frontage of the site including reconstruction of the existing concrete
vehicle crossing and closure of the redundant vehicle crossing.
c)
The existing stormwater outlets from the site to the kerb and gutter in
separation of 100mm at the kerb and light reinforcement must be placed
in the concrete across the top of the outlets. The concrete kerb and gutter
and footpath must be reconstructed for the extent of the new stormwater
outlets.
Development Consent does NOT give approval to undertake any works on
Council property. An application must be made to Council for a Roadworks
Permit under Section 138 of the Roads Act 1993 for approval to construct these
works.
The Roadworks Permit must be provided prior to the issue of a Construction
Certificate.
These works must be constructed in accordance with the conditions of the
Roadworks Permit and be completed prior to the issue of an Occupation
Certificate.
Note: The cost of adjustment or relocation of any public utility service shall be
borne by the owner/applicant. Where the finished levels of the new works will
result in changes to the existing surface levels, the cost of all necessary
adjustments or transitions beyond the above scope of works shall be borne by
the owner/applicant.
27. Prior to the commencement of demolition works on the subject site or a
Construction Certificate being issued for works approved by this development
consent (whichever occurs first), a security deposit to the value of $78,500
must be paid to Council to cover the costs associated with the road, footpath
and drainage works required by this consent.
Payment will be accepted in the form of cash, bank cheque, EFTPOS/credit
card (to a maximum of $10,000) or bank guarantee.
A request for release of the security may be made to the Council after all
construction work has been completed.
The amount nominated is only current for the financial year in which the
consent was issued and is revised each financial year. The amount payable
must be consistent with Council’s Fees and Charges in force at the date of
payment.
PAGE 549
ITEM 18
PRIOR TO THE COMMENCEMENT OF WORKS
28. Site cranes and hoists may be erected within the boundaries of the site subject
to compliance with the relevant provisions of Australian Standard AS 1418:2005
Crane, hoists and winches, Australian Standard AS 2549:1996 Cranes (including
hoists and winches) and Australian Standard AS 2550:2002 Cranes, hoists and
winches.
Cranes must not swing or hoist over any public property unless the relevant
approval under Local Government Act 1993, Crown Lands Act 1989, or the
Roads Act 1993 has been obtained prior to the commencement of works.
The use of the cranes and hoists must comply with the approved hours of
construction. The cranes must not be illuminated outside approved working
hours other than safety beacons required by the Civil Aviation Safety Authority.
No illuminated signs are to be erected upon or displayed upon any crane.
29. The proposed structure(s) to be erected must stand wholly within the
boundaries of the allotment. No portion of the proposed structure, including
gates and doors during opening and closing operations, shall encroach onto
adjoining properties or upon public property.
To ensure that the location of the building satisfies the provision of the approval,
the footings and walls within one (1) metre of the boundaries must be set out
by a registered surveyor prior to the commencement of works.
To ensure that the location of the building satisfies the provision of the approval,
a check survey certificate shall be submitted to the Principal Certifying Authority
either prior to the pouring of the ground floor slab or at dampcourse level,
whichever is applicable or occurs first, indicating the: a)
location of the building with respect to the boundaries of the site;
b)
level of the floor in relation to the levels on the site (all levels are to be
shown relative to Australian Height Datum);
c)
site coverage of the buildings on the site.
30. The site must be secured and fenced prior to works commencing. If necessary,
an awning is to be erected, sufficient to prevent any substance from, or in
connection with, the work falling onto public property. The work site must be
kept lit between sunset and sunrise if it is likely to be hazardous to persons on
public property.
If the work involves the erection or demolition of a building and is likely to cause
pedestrian or vehicular traffic on public property to be obstructed or rendered
inconvenient, or building involves the enclosure of public property, a hoarding or
fence must be erected between the work site and the public property.
Separate approval is required to erect a hoarding or temporary fence on public
property. Approvals for hoardings, scaffolding on public land must be obtained
and clearly displayed on site for the duration of the works.
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ITEM 18
Any hoarding, fence or awning is to be removed when the work is completed.
31. The Home Building Act 1989 requires that insurance must be obtained from an
insurance company approved by the Department of Fair Trading prior to the
commencement of works approved by this Development Consent.
If Council is nominated as the Principal Certifying Authority then a copy of the
certificate of insurance must be submitted to Council prior to the works
commencing.
If the work is to be undertaken by an owner-builder, written notice of their
name and owner-builder permit number must be submitted to Council.
In all other cases, written notice must be given to Council of:
a)
the name and licence number of the principal contractor and
b)
the name of the insurer by which the work is insured under Part 6 of the
Home Building Act 1989.
If arrangements for doing the residential work are changed while the work is in
progress, further work must not be carried out unless the Certifying Authority has
given Council written notice of the updated information.
This condition does not apply in relation to Crown building work that is certified,
in accordance with Section 116G of the Environmental Planning and
Assessment Act 1979, to comply with the technical provisions of the State’s
building laws.
32. Any person or contractor undertaking works on public property must take out
Public Risk Insurance with a minimum cover of ten (10) million dollars in relation
to the occupation of, and approved works within public property. The Policy is to
note, and provide protection for Leichhardt Council, as an interested party and a
copy of the Policy must be submitted to Council prior to commencement of the
works. The Policy must be valid for the entire period that the works are being
undertaken on public property.
33. Prior to the commencement of 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.
34. Prior to the commencement of works, a Noise and Vibration Management Plan is
to be prepared by a suitably qualified expert addressing the likely noise and
vibration from demolition, excavation and construction of the proposed
development and provided to the Principal Certifying Authority.
The Plan is to identify amelioration measures to ensure the noise and vibration
levels will be compliant with the relevant Australian Standards. The report shall
be prepared in consultation with any geotechnical report that itemises
equipment to be used for excavation works. The Plan shall address, but not be
limited to, the following matters:
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ITEM 18
a)
Identification of activities carried out and associated noise sources.
b)
Identification of potentially affected sensitive receivers, including
residences, churches, commercial premises, schools and properties
containing noise sensitive equipment.
c)
Determination of appropriate noise and vibration objectives for each
identified sensitive receiver.
d)
Noise and vibration monitoring, reporting
e)
Assessment of potential noise and vibration from the proposed demolition,
excavation and construction activities, including noise from construction
vehicles.
f)
Description of specific mitigation treatments, management methods and
procedures to be implemented to control noise and vibration during
construction.
g)
Construction timetabling to minimise noise impacts including time and
duration restrictions, respite periods and frequency.
h)
Procedures for notifying residents of construction activities likely to affect
their amenity through noise and vibration.
i)
Contingency plans to be implemented in the event of non- compliances
and/or noise complaints.
and response procedures.
35. At least forty-eight (48) hours prior to the commencement of works, a notice of
commencement form and details of the appointed Principal Certifying Authority
shall be submitted to Council.
36. An application for any of the following on public property (footpaths, roads,
reserves) shall be submitted and approved by Council prior to the
commencement of works.
a)
b)
c)
d)
Construction zone.
A pumping permit.
Mobile crane.
Skip bins other than those authorised by Leichhardt Council.
37. Prior to the commencement of works, a sign must be erected in a prominent
position on the site on which the proposal is being carried out. The sign must
state:
a)
Unauthorised entry to the work site is prohibited.
b)
The name of the principal contractor (or person in charge of the site) and
a telephone number at which that person may be contacted at any time for
business purposes and outside working hours.
PAGE 552
c)
ITEM 18
The name, address and telephone number of the Certifying Authority for
the work.
Any such sign must be maintained while the work is being carried out, but must
be removed when the work has been completed.
38.
The location and facilities for the collection, storage and disposal of waste
generated within the premises shall be submitted to and approved by Council
prior to the commencement of works.
DURING WORKS
39.
Building materials and machinery are to be located wholly on site.
40.
The site must be appropriately secured and fenced at all times during works.
41. Excavation, building or subdivision work must be restricted to the hours of
7:00am to 5:30pm Monday to Friday inclusive, 7:00am to 1:00pm Saturday.
Work is not be carried out on Sunday or Public Holidays.
42. The development site must be inspected at the following stages during
construction:
a)
b)
c)
d)
At the commencement of the building work, and
Prior to covering waterproofing in any wet areas, and
Prior to covering any stormwater drainage connections, and
After the building work has been completed and prior to any occupation
certificate being issued in relation to the building.
43. The development site must be inspected at the following stages during
construction:
a)
b)
c)
At the commencement of the building work, and
Prior to covering any stormwater drainage connections, and
After the building work has been completed and prior to any occupation
certificate being issued in relation to the building.
44. Noise arising from the works must be controlled in accordance with the
requirements of the Protection of the Environment Operations Act 1997 and
guidelines contained in the New South Wales Environment Protection Authority
Environmental Noise Control Manual.
45. A copy of the approved plans must be kept on site for the duration of site
works and be made available upon request.
46.
Construction material and vehicles shall not block or impede public use of
footpaths or roadways.
47. Where any works are proposed in the public road reservation, the following
applications must be made to Council, as applicable:
PAGE 553
ITEM 18
a)
For installation or replacement of private stormwater drainage lines or utility
services, including water supply, sewerage, gas, electricity, etc. an
application must be made for a Road Opening Permit.
b)
For construction/reconstruction of Council infrastructure, including
vehicular crossings, footpath, kerb and gutter, stormwater drainage, an
application must be made for a Roadworks Permit.
Note: Private stormwater drainage is the pipeline(s) that provide the direct
connection between the development site and Council’s stormwater drainage
system, or street kerb and gutter.
48. The requirements of the Soil and Water Management Plan must be maintained
at all times during the works and any measures required by the Soil and Water
Management Plan shall not be removed until the site has been stabilised to the
Principal Certifying Authority’s satisfaction.
Material from the site is not be tracked into the road by vehicles entering or
leaving the site. At the end of each working day any dust/dirt or other sediment
shall be swept off the road and contained on the site and not washed down any
stormwater pit or gutter.
The sediment and erosion control measures are to be inspected daily and
defects or system failures are to be repaired as soon as they are detected.
49. Where any works are proposed in the public road reservation, the following
applications must be made to Council, as applicable:
a)
For installation or replacement of private stormwater drainage lines or utility
services, including water supply, sewerage, gas, electricity, etc. an
application must be made for a Road Opening Permit.
b)
For construction/reconstruction of Council infrastructure, including vehicular
crossings, road pavement, footpath, kerb and gutter, stormwater drainage,
an application must be made for a Roadworks Permit.
c)
The “Left Only” sign must be relocated to the existing power pole adjacent
to the vehicle crossing in North Street, facing vehicles exiting the
development.
Note: Private stormwater drainage is the pipeline(s) that provide the direct
connection between the development site and Council’s stormwater drainage
system, or street kerb and gutter.
PRIOR TO THE ISSUE OF AN OCCUPATION CERITFICATE
50. Prior to the issue of an Occupation Certificate, the Principle Certifying Authority
must ensure that the vehicle access and off street parking facilities have been
constructed in accordance with the development consent and relevant
Australian Standards and the following has been implemented within the
property, where applicable:
PAGE 554
ITEM 18
a)
The car park has been completed, line marked and all signage relating to
car parking erected.
b)
A notice has been clearly displayed at the Rowntree Street frontage to
indicate that visitor parking is available within the property with access from
Rowntree Street.
c)
Sign(s) have been erected that clearly indicate that the driveway and car
park aisles are one way, from Rowntree Street to North Street, with LeftOnly exit onto North Street.
c)
Sign(s) have been erected that clearly indicate(s) to the drivers of vehicles
both on and off the property which driveway they are to use to enter or
leave the subject land.
d)
Sign(s) have been erected that clearly indicate to the drivers of vehicles
both on and off the property the location and means of access to the car
parking area(s).
Certification by a qualified practicing Civil Engineer that the vehicular access
and off street parking facilities have been constructed in accordance with the
above must be provided to the Principle Certifying Authority prior to the issue of
an Occupation Certificate.
51. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority
must ensure that all approved road, footpath and/or drainage works, including
vehicle crossings, have been completed in the road reserve in accordance with
the Roadworks Permit issued by Council.
Written notification from Council, that the works approved under the Roadworks
Permit have been completed to its satisfaction and in accordance with the
conditions of the Permit, must be provided to the Principal Certifying Authority
prior to the issue of an Occupation Certificate.
52. Prior to the issue of an Occupation Certificate, a positive covenant must be
created under Section 88E of the Conveyancing Act 1919, burdening the
owner(s) with the requirement to maintain the on-site detention and on-site
retention/re-use facilities on the property.
The terms of the 88E instrument with positive covenant shall include, but not be
limited to, the following:
a)
The Proprietor of the property shall be responsible for maintaining and
keeping clear all pits, pipelines, trench barriers and other structures
associated with the on-site stormwater detention facilities (“OSD”) and onsite retention/re-use facilities (“OSR”).
b)
The Proprietor shall have the OSD and OSR inspected annually by a
competent person.
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ITEM 18
c)
The Council shall have the right to enter upon the land referred to above,
at all reasonable times to inspect, construct, install, clean, repair and
maintain in good working order all pits, pipelines, trench barriers and other
structures in or upon the said land which comprise the OSD and OSR or
which convey stormwater from the said land; and recover the costs of any
such works from the proprietor.
d)
The registered proprietor shall indemnify the Council and any adjoining
land owners against damage to their land arising from the failure of any
component of the OSD and OSR, or failure to clean, maintain and repair
the OSD and OSR.
The proprietor or successor must bear all costs associated in the preparation of
the subject 88E instrument. Proof of registration with the NSW Land and
Property Information Department of Lands must be submitted to and approved
by the Principal Certifying Authority prior to the issue of an Occupation
Certificate.
must ensure that the stormwater drainage system has been constructed in
accordance with the approved design and relevant Australian Standards.
Works-as-executed plans of the stormwater drainage system, certified by a
Registered Surveyor, together with certification by a qualified practicing Civil
Engineer to verify that the drainage system has been constructed in
accordance with the approved design and relevant Australian Standards, must
be provided to the Principal Certifying Authority prior to the issue of an
The works-as-executed plan(s) must show the as built details in comparison to
those shown on the drainage plans approved with the Construction Certificate.
All relevant levels and details indicated must be marked in red on a copy of the
Principal Certifying Authority stamped Construction Certificate plans.
54. Prior to the issue of an Occupation Certificate, the Principle Certifying Authority
must ensure that an Operation and Management Plan has been prepared and
implemented for the on site detention / on-site retention/re-use facilities. The
Plan must set out the following at a minimum:
a)
The proposed maintenance regime, specifying that the system is to be
regularly inspected and checked by qualified practitioners.
b)
The proposed method of management of the facility, including
procedures, safety protection systems, emergency response plan in the
event of mechanical failure, etc.
The Plan must be prepared by a suitably qualified professional and provided to
the Principle Certifying Authority prior to the issue of an Occupation Certificate.
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ITEM 18
55. A car wash bay graded to an internal drainage point, connected to a Sydney
Water sewer and with access to a water supply must be provided. When not in
use for washing a car, the space may be used for visitor parking. Car wash
bays are not be used for engine degreasing or mechanical repairs and must be
signposted accordingly. Work is to be completed prior to the issue of an
56. There are to be no emissions or discharges from the premises which will give
rise to an offence under the Protection of the Environment Operations Act 1997
and Regulations.
Emission control equipment shall be provided in the mechanical exhaust
system serving the cooking appliances, to effectively minimise the emission of
odours, vapours and oils. Details of the proposed emission control equipment
must be provided in the relevant plans and specifications for the Construction
Certificate for the subject works.
must be satisfied that a Fire Safety Certificate for all essential fire or other
safety measures has been completed.
is to be satisfied that all landscape works, including the removal of all noxious
weed species, have been undertaken in accordance with the approved
landscape plan and conditions of Development Consent.
59. All letter boxes must be constructed and located in accordance with the relevant
provisions of Australian Standard AS/NZS 4253:1994 Mailboxes and to Australia
Post’s satisfaction. Work is to be completed prior to the issue of an Occupation
Certificate.
60. A street / shop number must be clearly displayed at the ground level frontage
of the building prior to the issue of an Occupation Certificate. A separate
application must be made to Council if new street numbers or a change to street
numbers is required.
61. An Occupation Certificate must be obtained prior to any use or occupation of the
development or part thereof. The Principal Certifying Authority must ensure that
all works are completed in compliance with the approved Construction Certificate
plans and all conditions of this Development Consent.
62. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be
obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing Coordinator.
Please refer to the Building Developing and plumbing section on the web site
www.sydneywater.com.au then refer to “Water Servicing Coordinator” under
“Developing Your Land” or telephone 132092 for assistance.
Following application a “Notice of Requirements” will advise of water and sewer
infrastructure to be built and charges to be paid. Please make early contact with
the Coordinator, since building of water/sewer infrastructure can be time
PAGE 557
ITEM 18
consuming and may impact on other services and building, driveway or
landscape design.
The Section 73 Certificate must be submitted to the Certifying Authority prior to
the issue of an Occupation Certificate.
63. At the completion of the installation of the mechanical exhaust system, a
certificate from the installer shall be submitted to Council or the Principal
Certifying Authority indicating the following:a)
b)
c)
d)
inspection, testing and commissioning details,
date of inspection testing and commissioning,
the name and address of the individual who carried out the test, and
a statement that the service has been designed, installed and is capable
of operating to the above standard.
The mechanical exhaust vent shall extend no less than one (1) metre above the
subject buildings apex, or the adjoining buildings apex in the event of a shared
common wall.
Any discharge to the atmosphere from the subject development shall not result
in any odour or other air impurity being detected outside the boundaries of the
property.
Noise and vibration from the use of the mechanical exhaust and/or ventilation
system shall not exceed the background noise level by more than 5dB(A) and
shall not be audible in any premises of a neighbouring occupancy.
64. The Principal Certifying Authority must not issue an Occupation Certificate
unless a design verification statement from a qualified designer is submitted in
accordance with State Environmental Planning Policy No 65—Design Quality of
Residential Flat Development.
must ensure that all works have been completed in accordance with the
approved Waste Management Plan referred to in this development consent.
Proof of actual destination of demolition and construction waste shall be
provided to the Principal Certifying Authority prior to the issue of an Occupation
Certificate.
ONGOING CONDITIONS OF CONSENT
66. An annual Fire Safety Statement must be given to Council and the New South
Wales Fire Brigade commencing within twelve (12) months after the date on
which the initial Interim / Final Fire Safety Certificate is issued.
67. All vehicles must enter and exit the site in a forward direction.
68. All loading and unloading operations are to be carried out wholly within the site.
PAGE 558
ITEM 18
69. At all times, the loading, car parking spaces, driveways and footpaths must be
kept clear of goods and must not be used for storage purposes.
70. Any basement car parking space must not be individually enclosed without prior
development consent.
71. Driveways and parking spaces must not be used for manufacture, storage or
display of goods, materials and equipment. The spaces must be available at all
times, for all vehicles associated with the development.
72. The parking bays proposed for the commercial / retail component of the
development must be easily accessible and be clearly designated marked and
signed. Access to these bays must not be restricted in any way by security
doors or intercom access during business hours approved for the commercial
development.
73. The parking bays proposed for the residential component of the development
must be inaccessible to visitors to the commercial component of the
development and shall be clearly designated, marked and signed. In addition,
the parking bays must be appropriately marked or signed to indicate which
residential unit they have been allocated to.
74. Pedestrian access to the basement car park must be kept clear of obstacles,
including parked vehicles, at all times.
75. All owners, tenants and occupiers of this building are not eligible to participate
in any existing or proposed Council Resident Parking Schemes. All occupants
and/or employees of this building will be ineligible to obtain Council Resident
Parking Scheme parking permits. The owner of the dwelling must advise in
writing all intending owners, tenants and occupiers of the dwelling, at the time
of entering into a purchase / lease / occupancy agreement, of this prohibition.
76. Signs reading “all owners, tenants and occupiers of this building are advised
that they are not eligible to obtain Resident Parking Scheme parking permits
from Council”, must be located in prominent places such as at display
apartments and on directory boards or notice boards, where they can easily be
observed and read by people entering the building. The signs must be erected
prior to the issue of an Occupation Certificate being issued and must be
maintained in good order at all times.
77. The owner / registered proprietor from time to time of the subject site (“Owner”)
(which includes but is not limited to the owners corporation of the strata scheme
if there is a strata subdivision) must:
a) maintain the awnings over the footpath and all supporting and related
structures in a good and safe condition and repair which must include all
structural and other repairs and maintenance reasonably required by
Council; and
b) give to Council on request (but not more than once every 12 months) a
certificate from a structural engineer that the awnings over the footpath
and all supporting structures are in a good and safe condition and state of
repair; and
PAGE 559
c)
d)
e)
ITEM 18
not alter the awnings or any supporting or related structure without
Council’s prior approval; and
not do anything on or around the awnings over the footpath which in
Council’s reasonable opinion may be annoying, dangerous or offensive;
and
not put up signs, notices, advertisements (other than as required by law),
exterior blinds, antennae or receiving dishes without Council’s prior
approval.
78. The Owner constructs and maintains the awnings over the footpath at its own
risk and releases Council from, and agrees that Council is not liable for liability
or loss arising from, and costs incurred in connection with damage, loss, injury
or death except to the extent that it is contributed to by Council’s wrongful act or
omission, negligence or default.
79. The Owner is liable for and indemnifies Council against liability or loss arising
from, and costs incurred in connection with damage, loss, injury or death
occurring on, in, by or in connection with the awnings over the footpath or any
supporting or related structure or the Owner’s land or improvements thereon or
business conducted by the Owner or arising from or in connection with the
awnings, any supporting or related structure or the Owner’s property or
business or caused or contributed to by the Owner’s act, omission, negligence
or default or the act, omission, negligence or default of any of the Owner’s
lessees, employees, agents or invitees, except to the extent that it is
contributed to by Council’s wrongful act or omission, negligence or default.
Each indemnity is independent from the Owner’s other obligations. Council
may enforce an indemnity before incurring expense.
80. The Owner must:
a) maintain with insurers and on terms approved by Council, noting the
respective interests of the owner and Council, public liability insurance for
at least $20 million (as varied by notice from Council to the Owner from
time to time); and
b) give to Council, Every 12 months (commencing from the date of
commencement of construction), evidence that the Owner has the
required public liability insurance; and
c)
notify Council immediately if the insurance policy is cancelled or an event
occurs which may allow a claim or affect rights under an insurance policy
in connection with the awnings or any supporting or related structures.
81. The Operation and Management Plan for the on site detention on-site
retention/re-use facilities, approved with the Occupation Certificate, must be
implemented and kept in a suitable location on site at all times.
82. The premises shall not be used for any purpose other than that stated in the
Development Application, i.e. commercial and dwellings without the prior
consent of the Council unless the change to another use is permitted as
exempt development.
PAGE 560
ITEM 18
PRESCRIBED CONDITIONS
A.
BASIX Commitments
Under clause 97A(3) of the Environmental Planning & Assessment Regulation
2000, it is a condition of this development consent that all the commitments
listed in each relevant BASIX Certificate for the development are fulfilled. The
Certifying Authority must ensure that the building plans and specifications
submitted by the Applicant, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
In this condition:
a)
b)
B.
Relevant BASIX Certificate means:
(i) a BASIX Certificate that was applicable to the development when
this development consent was granted (or, if the development
consent is modified under section 96 of the Act, a BASIX Certificate
that is applicable to the development when this development consent
is modified); or
(ii) if a replacement BASIX Certificate accompanies any subsequent
application for a construction certificate, the replacement BASIX
Certificate; and
BASIX Certificate has the meaning given to that term in the Environmental
Planning & Assessment Regulation 2000.
Building Code of Australia
All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
C.
Home Building Act
1)
Building work that involves residential building work (within the meaning
and exemptions provided in the Home Building Act 1989) must not be
carried out unless the Principal Certifying Authority for the development to
which the work relates has given Leichhardt Council written notice of the
following:
a)
b)
2)
in the case of work for which a principal contractor is required to be
appointed:
i)
the name and licence number of the principal contractor, and
ii)
the name of the insurer by which the work is insured under Part
6 of that Act, or
in the case of work to be done by an owner-builder:
i)
the name of the owner-builder, and
ii)
if the owner-builder is required to hold an owner-builder permit
under that Act, the number of the owner-builder permit.
If arrangements for doing residential building work are changed while the
work is in progress so that the information submitted to Council is out of
date, further work must not be carried out unless the Principal Certifying
Authority for the development to which the work relates (not being the
Council), has given the Council written notice of the updated information.
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ITEM 18
Note: A certificate purporting to be issued by an approved insurer under Part 6
of the Home Building Act 1989 that states that a person is the holder of an
insurance policy issued for the purposes of that Part is, for the purposes of this
clause, sufficient evidence that the person has complied with the requirements
of that Part.
D.
Site Sign
1)
A sign must be erected in a prominent position on any work site on which
work involved in the erection or demolition of a building is being carried
out:
a)
b)
c)
2)
E.
stating that unauthorised entry to the work site is prohibited;
showing the name of the principal contractor (or person in charge of
the work site), and a telephone number at which that person may be
contacted at any time for business purposes and outside working
hours; and
showing the name, address and telephone number of the Principal
Certifying Authority for the work.
Any such sign must be maintained while to building work or demolition
work is being carried out, but must be removed when the work has been
completed.
Condition relating to shoring and adequacy of adjoining property
(1)
For the purposes of section 80A (11) of the Act, it is a prescribed condition
of development consent that if the development involves an excavation
that extends below the level of the base of the footings of a building on
adjoining land, the person having the benefit of the development consent
must, at the person’s own expense:
(a)
(b)
(2)
protect and support the adjoining premises from possible damage
from the excavation, and
where necessary, underpin the adjoining premises to prevent any
such damage.
The condition referred to in subclause (1) does not apply if the person
having the benefit of the development consent owns the adjoining land or
the owner of the adjoining land has given consent in writing to that
condition not applying.
NOTES
1.
This Determination Notice operates or becomes effective from the endorsed
date of consent.
2.
Section 82A of the Environmental Planning and Assessment Act 1979 provides
for an applicant to request Council to review its determination. This does not
apply to applications made on behalf of the Crown, designated development,
integrated development or a complying development certificate. The request for
PAGE 562
ITEM 18
review must be made within six (6) months of the date of determination or prior
to an appeal being heard by the Land and Environment Court. Furthermore,
Council has no power to determine a review after the expiration of these
periods. A decision on a review may not be further reviewed under Section
82A.
3.
If you are unsatisfied with this determination, Section 97 of the Environmental
Planning and Assessment Act 1979 gives you the right of appeal to the Land
and Environment Court within six (6) months of the determination date.
4.
Failure to comply with the relevant provisions of the Environmental Planning
and Assessment Act 1979 and/or the conditions of this consent may result in
the serving of penalty notices or legal action.
5.
Works or activities other than those approved by this Development Consent will
require the submission of a new development application or an application to
modify the consent under Section 96 of the Environmental Planning and
Assessment Act 1979.
6.
This decision does not ensure compliance with the Disability Discrimination Act
1992. Applicants should investigate their potential for liability under that Act.
7.
This development consent does not remove the need to obtain any other
statutory consent or approval necessary under any other Act, such as (if
necessary):
a)
Application for any activity under that Act, including any erection of a
hoarding.
b)
Application for a Construction Certificate under the Environmental
c)
Application for an Occupation Certificate under the Environmental
d)
Application for a Subdivision Certificate under the Environmental Planning
and Assessment Act 1979 if land (including stratum) subdivision of the
development site is proposed.
e)
Application for Strata Title Subdivision if strata title subdivision of the
development is proposed.
f)
Development Application for demolition if demolition is not approved by
this consent.
g)
Development Application for subdivision if consent for subdivision is not
granted by this consent.
h)
An application under the Roads Act 1993 for any footpath / public road
occupation. A lease fee is payable for all occupations.
PAGE 563
8.
ITEM 18
Prior to the issue of the Construction Certificate, the applicant must make
contact with all relevant utility providers (such as Sydney Water, Energy
Australia etc) 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.
PAGE 564

D/2013/454 - 2A Rowntree Street, Balmain

Transcription

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