30 August 2010 DCC Agenda

Transcription

Agenda:
Development Control Committee
Date:
Monday 30 August 2010
Time:
5.30pm & 8.00pm
Session:
One & Two
Item:
D1 to D10 & R1 to R2
Outline of Meeting Protocol & Procedure:
•
•
•
•
•
•
•
•
•
The Chairperson will call the Meeting to order and ask the Committee/Staff to present apologies
or late correspondence.
The Chairperson will commence the Order of Business as shown in the Index to the Agenda.
At the beginning of each item the Chairperson will ask whether a member(s) of the public wish
to address the Committee.
If person(s) wish to address the Committee, they are allowed four (4) minutes in which to do so.
Please direct comments to the issues at hand.
If there are persons representing both sides of a matter (eg applicant/objector), the objector
speaks first.
At the conclusion of the allotted four (4) minutes, the speaker resumes his/her seat and takes no
further part in the debate unless specifically called to do so by the Chairperson.
If there is more than one (1) person wishing to address the Committee from the same side of the
debate, the Chairperson will request that where possible a spokesperson be nominated to
represent the parties.
The Chairperson has the discretion whether to continue to accept speakers from the floor.
After considering any submissions the Committee will debate the matter (if necessary), and
arrive at a recommendation (R items which proceed to Full Council) or a resolution (D items for
which the Committee has delegated authority).
Recommendation only to the Full Council or to the Strategic and Corporate Committee
(“R” Items)
•
•
•
•
•
Specified developments, as may be determined and listed by the Council by resolution
taken from time to time.
Matters which involve broad strategic or policy initiatives within responsibilities of
Committee.
Matters requiring the expenditure of moneys and in respect of which no Council vote
has been made.
Matters not within the specified functions of the Committee.
Matters reserved by individual Councillors in accordance with any Council policy on
"safeguards" and substantive changes.
Delegated Authority (“D” Items)
To determine all development applications and related applications, which are not required to
be determined by the Council under Council’s adopted procedures for the call up of
applications except:
a)
Applications for review of a determination under section 82A of the Environmental
Planning and Assessment Act 1979 (“the Act”) where the DCC determined the original
application.
b)
Development applications for development on community land which may not be
delegated for determination under section 47E of the LG Act.
Committee Membership:
7 Councillors
Quorum:
The quorum for a committee meeting is 4
Councillors.
H:\Development Control Committee\AGENDAS\2010\aug30-10dccage.doc
WOOLLAHRA MUNICIPAL COUNCIL
Notice of Meeting
23 August 2010
To: His Worship The Mayor, Councillor Andrew Petrie ex-officio
Councillors
Isabelle Shapiro
(Chair)
Lucienne Edelman
(Deputy)
Nicola Grieve
Chris Howe
Susan Wynne
Malcolm Young
Toni Zeltzer
Dear Councillors
Development Control Committee Meeting – 30 August 2010
In accordance with the provisions of the Local Government Act 1993, I request your
attendance at a Meeting of the Council’s Development Control Committee to be held in the
Committee Room, ground floor level, 536 New South Head, Double Bay, on Monday 30
August 2010 at 5.30pm.
Gary James
General Manager
Additional Information Relating to
Committee Matters
Site Inspection
Other Matters
Woollahra Municipal Council
30 August 2010
Meeting Agenda
Session One – Commencing 5.30pm
Part One of Four Parts
Pages
Item
Subject
1
2
3
Leave of Absence and Apologies
Late Correspondence
Declarations of Interest
Items to be Decided by this Committee using its Delegated Authority
D1
Confirmation of Minutes of Meeting held on 16 August 2010
1
Site Inspection Items
D2
DA345/2009 – 12 Longworth Avenue, Point Piper – Alterations &
additions to existing apartment building including the addition of a
new unit & new car parking – 13/7/2009
*See Recommendation Page 3
2-149
30 August 2010
Meeting Agenda
Session One – Commencing 5.30pm
Part Two of Four Parts
Item
Pages
Subject
Other Delegated Items
D3
DA32/2007 Part 4 – 27 Chamberlain Avenue, Rose Bay – Section 96
Application – Proposed modifications internal & external – 21/4/2010
150-167
D4
DA59/2010 – Section of Dover Road footway adjacent to 12 Dover
Road, Rose Bay – Footway restaurant consisting of 9 tables & 18
chairs – 19/2/2010
168-186
D5
DA777/2008 Part 10 – 23 Victoria Street, Watsons Bay – Section 96
Application – Proposed external & internal modifications – 14/5/2010
187-205
30 August 2010
Meeting Agenda
Session Two - Commencing at 8.00pm
Part Three of Four Parts
Pages
Item
Subject
D6
DA512/2009 – 338 Oxford Street, Paddington (The Paddington Inn) –
Major alterations to the 1st floor to change existing offices to bar,
lounges, open terrace, toilet, internal stairs, lift to all floors, minor
alterations to ground floor including repositioning of entrance from
William Street, new gas fired air-conditioning condenser (within
building), increase in maximum capacity of the hotel from 300 to 820
people (initially proposed at 900 people) – 8/10/2009
206-253
D7
DA527/2009 – 36 Wallis Street, Woollahra – Alterations & additions
including a loft addition to the garage, extension to the 1st floor & rear
level changes – 19/10/2009
254-334
D8
DA209/2010 – 54 Mona Road, Darling Point – Alterations &
additions to existing building including change of use from 5x1
bedroom apartments to 1 dwelling house with addition of balcony,
bay window & spa pool with deck to Loftus Road elevation –
7/5/2010
335-408
30 August 2010
Meeting Agenda
Session Two - Commencing at 8.00pm
Part Four of Four Parts
Pages
Item
Subject
D9
Register of Current Land and Environment Court Matters and
Register of Court Proceedings for Building Control, Environmental
Control & Health Control
409-415
D10
DA281/2008 Part 2 - 9 Military Road, Watsons Bay – Section 96
Application – Proposed modification reinstatement of roof terrace
(deletion of Condition No. C.1 (f)) – 11/3/2010
*Note Confidential Report Distributed Under Separate Cover
416-446
Items to be Submitted to the Council for Decision
with Recommendations from this Committee
R1
DA163/2010 - 2 William Street, Double Bay (Steyne Park) – Use of
Steyne Park for the Chanukah Festival to be held annually in
December from 2010 to 2014 – 19/4/2010
447-474
R2
DA147/2009 – 26 Bundarra Road, Bellevue Hill – Section 82A
Review of Refusal – 21/4/2010
475-573
Item No:
Subject:
Author:
File No:
Reason for Report:
30 August 2010
D1 Delegated to Committee
Confirmation of Minutes of Meeting held on 16 August 2010
Les Windle, Manager - Governance
See Council Minutes
The Minutes of the Meeting of Monday 16 August 2010 were
previously circulated. In accordance with the guidelines for
Committees’ operations it is now necessary for those Minutes be
formally taken as read and confirmed.
Recommendation:
That the Minutes of the Development Control Committee Meeting of 16 August 2010 be
taken as read and confirmed.
Les Windle
Manager - Governance
1
30 August 2010
DEVELOPMENT CONTROL COMMITTEE SITE INSPECTION REPORT
ITEM No.
D2
FILE No.
DA 345/2009
ADDRESS:
12 Longworth Avenue POINT PIPER 2027
PROPOSAL:
Alterations and additions to the existing apartment building
including the addition of a new unit and new carparking
TYPE OF CONSENT:
Local
APPLICANT:
Mr R Prescott
OWNER:
The Owners - Strata Plan No. 17043
DATE LODGED:
13/07/2009
AUTHOR:
Mr S Taylor
Site Inspection
A site inspection in relation to this Development Application was conducted on Wednesday
18 August 2010, with the following Councillors and staff present:
Present:
Councillors
Chris Howe
Isabelle Shapiro
Toni Zeltzer
Staff:
Sarah Chambers
Sue O’Connor
Apologies: Councillors
Nicola Grieve
Andrew Petrie
Susan Wynne
Malcolm Young
(Acting Team Leader)
(Secretarial Support - Governance)
The following people addressed the Councillors:
Alan H Duncan, G Burdett, Heather Brown, Christine Egan & Peter McMillan objectors &
Russell Prescott, Architect.
H:\Development Control Committee\AGENDAS\2010\Working Agenda\D2.doc
1
Note:
30 August 2010
The Committee added new Condition Nos. A.6 Development Consent is not
granted in relation to these matters, C.1 (f) (Landscaping) & E.10 (Tree Pruning).
The Councillors at the site inspection submit the following recommendation for consideration
by the Development Control Committee:
Resolved: Pursuant to Section 80(1) of the Environmental Planning and Assessment
Act, 1979
THAT the Council, as the consent authority, is of the opinion that the objection under State
Environmental Planning Policy No. 1 – Development Standards to the 30.0m foreshore
building line development standard under Clause 22 of Woollahra LEP 1995 is well founded.
The Council is also of the opinion that strict compliance with the development standard is
unreasonable and unnecessary in the circumstances of this case as the proposal does not alter
the existing form of the building and does not pose any amenity impacts to adjoining
properties, any impression of scale as viewed from Sydney Harbour or impact upon the
natural foreshore and ecology of the Harbour.
AND
Environmental Planning Policy No. 1 – Development Standards to the 9.5m maximum
building height development standard under Clause 12 of Woollahra LEP 1995 is well
founded. The Council is also of the opinion that strict compliance with the development
standard is unreasonable and unnecessary in the circumstances of this case as the appearance
of the building as viewed from Sydney Harbour remains appropriate and there are no
unreasonable impacts upon the amenity of adjoining properties, including views.
AND
Environmental Planning Policy No. 1 – Development Standards to the 0.625:1 maximum
floor space ratio development standard under Clause 11 of Woollahra LEP 1995 is well
founded. The Council is also of the opinion that strict compliance with the development
standard is unreasonable and unnecessary in the circumstances of this case as the scale of the
building as viewed from Sydney Harbour remains appropriate and there are no unreasonable
impacts upon the amenity of adjoining properties.
AND
Environmental Planning Policy No. 1 – Development Standards to the 21.0m minimum site
frontage development standard under Clause 10(2) of Woollahra LEP 1995 is well founded.
The Council is also of the opinion that strict compliance with the development standard is
unreasonable and unnecessary in the circumstances of this case as the proposed alterations
and additions are minor relative to the scale of the building and the density of the subject site
remains appropriate.
AND
2
30 August 2010
THAT the Council, as the consent authority, being satisfied that the objection under SEPP
No. 1 is well founded and also being of the opinion that the granting of consent to
Development Application No. 345/2009 is consistent with the aims of the Policy, grant
development consent to DA No. 345/2009 for alterations and additions to the existing
apartment building including the addition of a new unit and new car parking on land at 12
Longworth Avenue, Point Piper, subject to the following conditions:
A.
General Conditions
A.1 Conditions
Consent is granted subject to the following conditions imposed pursuant to section 80
of the Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions
of the Environmental Planning and Assessment Regulation 2000 (“the Regulation”)
such conditions being reasonable and relevant to the development as assessed pursuant
to section 79C of the Act.
Standard Condition: A1
A.2 Definitions
Unless specified otherwise words have the same meaning as defined by the Act, the
Regulation and the Interpretation Act 1987 as in force at the date of consent.
Applicant means the applicant for this Consent.
Approved Plans mean the plans endorsed by Council referenced by this consent as
amended by conditions of this consent.
AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®,
respectively, published by Standards Australia International Limited.
BCA means the Building Code of Australia as published by the Australian Building
Codes Board as in force at the date of issue of any Construction Certificate.
Council means Woollahra Municipal Council
Court means the Land and Environment Court
Local native plants means species of native plant endemic to Sydney’s eastern suburbs
(see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published
by the Southern Sydney Regional Organisation of Councils).
Stormwater Drainage System means all works, facilities and documentation relating to:
•
The collection of stormwater,
•
The retention of stormwater,
•
The reuse of stormwater,
•
The detention of stormwater,
•
The controlled release of stormwater; and
•
Connections to easements and public stormwater systems.
3
30 August 2010
Owner means the owner of the site and successors in title to the site.
Owner Builder has the same meaning as in the Home Building Act 1989.
PCA means the Principal Certifying Authority under the Act.
Principal Contractor has the same meaning as in the Act or where a principal
contractor has not been appointed by the owner of the land being developed Principal
Contractor means the owner of the land being developed.
Professional Engineer has the same meaning as in the BCA.
Public Place has the same meaning as in the Local Government Act 1993.
Road has the same mean as in the Roads Act 1993.
SEE means the final version of the Statement of Environmental Effects lodged by the
Applicant.
Site means the land being developed subject to this consent.
WLEP 1995 means Woollahra Local Environmental Plan 1995
Work for the purposes of this consent means:
•
the use of land in connection with development,
•
the subdivision of land,
•
the erection of a building,
•
the carrying out of any work,
•
the use of any site crane, machine, article, material, or thing,
•
the storage of waste, materials, site crane, machine, article, material, or thing,
•
the demolition of a building,
•
the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or
excavation of land,
•
the delivery to or removal from the site of any machine, article, material, or thing,
or
•
the occupation of the site by any person unless authorised by an occupation
certificate.
Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of
any condition this must be done in writing to Council and confirmed in writing by Council.
A.3 Approved Plans and supporting documents
Those with the benefit of this consent must carry out all work and maintain the use and
works in accordance with the plans and supporting documents listed below as
submitted by the Applicant and to which is affixed a Council stamp “Approved DA
Plans” unless modified by any following condition. Where the plans relate to
alterations or additions only those works shown in colour or highlighted are approved.
4
30 August 2010
Reference
Description
Author/Drawn
Date(s)
A2101, A2102, A2103, A2104,
A2105, A3000, A3001, A3100,
A3101
210825S
22127ZArpt
08547_L_1000
Architectural Plans
Prescott Architects
15 Mar 2010
BASIX Certificate
Geotechnical Report
Landscape Plan
Arborist Report
Stormwater Management
Plan
Department of Planning
Jeffery & Katauskas P/L
Context
Botanics
DP Consulting
15 Aug 2008
14 Aug 2008
19 May 2008
Jul 2008
1 Sept 2008
(Revision A)
SW00 to SW05
Note: The Landscape documentation is to be revised to reflect the redesign of the parking arrangements
in the front yard. Any new landscaping in the front yard is to be limited to mature height of 4.0m.
Landscaping is not permitted on the roof of the car lift.
Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council
stamped approved plans. You should not rely solely upon the plan reference numbers in this
condition. Should the applicant not be able to provide you with the original copy Council will
provide you with access to its files so you may review our original copy of the approved plan.
Note: These plans and supporting documentation may be subject to conditions imposed under section
80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be
satisfied prior to the issue of any Construction Certificate.)
A.4 Ancillary Aspect of the Development (s80A(2) of the Act)
The owner must procure the repair, replacement or rebuilding of all road pavement,
kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under
this consent or as a consequence of work under this consent. Such work must be
undertaken to Council's satisfaction in accordance with Council’s “Specification for
Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly
provided otherwise by these conditions at the owner’s expense.
Note: This condition does not affect the principal contractor's or any sub-contractors obligations to
protect and preserve public infrastructure from damage or affect their liability for any damage that
occurs.
A.5 Lady Martin Beach
a)
Access through Public Open Space
Access to 12 Longworth Avenue, Point Piper from the adjoining Lady Martin’s Beach
will not be permitted unless prior written approval has been obtained from Council’s
Open Space Management Team.
To access the property from Lady Martin’s Beach an application must be submitted for
assessment a minimum of four weeks prior to the commencement of works. Any
approval will be subject to a Damage Security Bond and fees in accordance with
Council’s adopted Schedule of Fees and Charges.
5
b)
30 August 2010
Storage of building material in Public Open Space
Building, excavation or demolition material and plant must not be stored on Council’s
public open space unless prior written approval has been obtained by Councils Open
Space Management Team.
c)
Protection of Public Beach
Works must not impact on the public beach at the rear of the property. An appropriate
Erosion and Sediment Control Plan must be implemented during construction to ensure
that material does not migrate off-site into the Beach.
A.6 Development Consent is not granted in relation to these matters
This approval does not give consent to the boat skid, sea stairs or hand rail from the
subject site to Lady Martin’s Beach, kayak store and any other works not shown in
colour. Further, no consent is given to any plant or other structures on the roof
including vents or mechanical apparatus. A separate Development Consent or
Complying Development Certificate and Part 4A Certificates, as appropriate, will need
to be obtained prior to the such development work commencing.
B.
Conditions which must be satisfied prior to the demolition of any building or
construction
B.1 Construction Certificate required prior to any demolition
Where demolition is associated with an altered portion of, or an extension to an existing
building the demolition of any part of a building is "commencement of erection of
building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in
Part C and Part D of this consent must be satisfied prior to any demolition work. This
includes, but is not limited to, the issue of a Construction Certificate, appointment of a
PCA and Notice of Commencement under the Act.
Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC
125.
Standard Condition: B1
C.
Conditions which must be satisfied prior to the issue of any construction
certificate
C.1 Modification of details of the development (s80A(1)(g) of the Act)
The approved plans and the Construction Certificate plans and specification, required
to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation,
must detail the following amendments:
a)
b)
A minimum sill height of 1.7m to the two kitchen windows and the bedroom
window on the western elevation of Unit 7
A maximum height of 1.2m for the walls along the pedestrian walkway, the front
fence, bin enclosure and all other fences forward of the front building line, with
the exception of the pedestrian entrance
6
c)
d)
e)
f)
g)
h)
i)
30 August 2010
The deletion of the front fence along the width of the driveway to aid in access to
the visitor car space
A maximum RL of 16.255 for the car hoist structure
The provision of Unit 7 as a fully accessible unit, in accordance with AS1428.1
The Landscape documentation is to be revised to reflect the redesign of the
parking arrangements in the front yard. Further, any new landscaping on the site
is to be limited to a maximum height of RL of 14.1 so as not to exceed the
height of the front fence in order to minimise public and private view loss.
Landscaping is not permitted on the roof of the car lift.
The roof of the residential flat building and new car lift is to consist of a dark,
recessive colour in order to minimise glare to surrounding properties
The proposed Screw Pine in the north eastern corner of the site adjacent to
Sydney Harbour is to be relocated so that it is at least 4.0m from the property
boundary/sea wall
The hedge forward of the building along the north eastern boundary is to have a
maximum height not exceeding the existing boundary fence
Note: The effect of this condition is that it requires design changes and/or further information to be
provided with the Construction Certificate drawings and specifications to address specific issues
identified during assessment under section 79C of the Act.
Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this
condition unless the Certifying Authority is satisfied that the condition has been complied with.
Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is
inconsistent with this consent.
Standard Condition: C4
C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the
Local Government Act 1993)
The certifying authority must not issue any Part 4A Certificate until provided with the
original receipt(s) for the payment of all of the following levy, security, contributions,
and fees prior to the issue of a construction certificate, subdivision certificate or
occupation certificate, as will apply.
Description
Amount
Indexed
Council
Fee Code
LONG SERVICE LEVY
under Building and Construction Industry Long Service Payments Act 1986
Contact LSL
Long Service Levy
Corporation or use
No
http://www.lspc.nsw.gov.au/levy_information/
?levy_information/levy_calculator.stm
online calculator
SECURITY
under section 80A(6) of the Environmental Planning and Assessment Act 1979
Property Damage Security Deposit -making
$83,260
No
T115
good any damage caused to any property of
the Council
DEVELOPMENT LEVY
under Woollahra Section 94A Development Contributions Plan 2009
This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au .
Development Levy (Section 94A)
$40,630
Yes,
T96
+ Index Amount
quarterly
7
30 August 2010
INSPECTION FEES
under Section 608 of the Local Government Act 1993
Security Administration Fee
$175
No
T16
TOTAL SECURITY, CONTRIBUTIONS, $124,065 plus any relevant indexed amounts and long
service levy
LEVIES AND FEES
Building and Construction Industry Long Service Payment
The Long Service Levy under Section 34 of the Building and Construction Industry Long Service
Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the
issue of any Construction Certificate. The Levy can be paid directly to the Long Services Payments
Corporation or to Council. Further information can be obtained from the Long Service Payments
Corporation’s website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14
41.
How must the payments be made?
Payments must be made by:
•
•
•
Cash deposit with Council,
Credit card payment with Council, or
Bank cheque made payable to Woollahra Municipal Council.
The payment of a security may be made by a bank guarantee where:
•
•
•
•
•
The guarantee is by an Australian bank for the amount of the total outstanding contribution;
The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by
Council on completion of the development or no earlier than 12 months from the provision of the
guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with
an expiry date is not acceptable];
The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or
other person who provided the guarantee and without regard to any dispute, controversy, issue or
other matter relating to the development consent or the carrying out of development in accordance
with the development consent;
The bank guarantee is lodged with the Council prior to the issue of the construction certificate;
and
The bank’s obligations are discharged when payment to the Council is made in accordance with
the guarantee or when Council notifies the bank in writing that the guarantee is no longer
required.
How will the section 94A levy be indexed?
To ensure that the value the development levy is not eroded over time by increases in costs, the proposed
cost of carrying out development (from which the development levy is calculated) will be indexed either
annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development
Contributions Plan 2009 sets out the formula and index to be used in adjusting the s.94A levy.
Do you need HELP indexing the levy?
Please contact our customer service officers. Failure to correctly calculate the adjusted the development
levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction
certificate, subdivision certificate, or occupation certificate).
8
30 August 2010
Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development
Contributions Plan 2009
Where the applicant makes a written request supported by reasons for payment of the section
94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The
decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will
consider:
•
•
•
•
The reasons given;
Whether any prejudice will be caused to the community deriving benefit from the public facilities;
Whether any prejudice will be caused to the efficacy and operation of this plan; and
Whether the provision of public facilities in accordance with the adopted works schedule will be
adversely affected.
Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank
guarantee where:
•
•
•
•
•
The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by
Council on completion of the development or no earlier than 12 months from the provision of the
guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with
an expiry date is not acceptable];
The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or
other person who provided the guarantee and without regard to any dispute, controversy, issue or
other matter relating to the development consent or the carrying out of development in accordance
with the development consent;
The bank guarantee is lodged with the Council prior to the issue of the construction certificate;
and
The bank’s obligations are discharged when payment to the Council is made in accordance with
the guarantee or when Council notifies the bank in writing that the guarantee is no longer
required.
Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with
clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or
operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding
contribution as indexed and any accrued charges are paid.
C.3 Utility Services Generally
The Construction Certificate plans and specifications, required by clause 139 of the
Regulation, must demonstrate that all utility services (telecommunications, electricity,
gas, water and waste water) will be provided underground. All service ducts, pipes and
conduits must be provided within the fabric of the building (excluding stormwater
down pipes).
Where telecommunications and electricity are provided from existing poles in the road
they must, in accordance with the relevant suppliers’ requirements, be carried to the site
underground directly to the main switch board within the fabric of the building.
Note: Where adequate provision has not been made for an electrical sub-station within the building, this
may necessitate the lodgement of an application to amend this consent under section 96 of the Act
to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable.
9
30 August 2010
The location of service poles and substations required by the relevant suppliers must be
shown upon the plans submitted with any Construction Certificate application together
with a letter from each relevant supplier setting out their requirements.
Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant
and the like must be located within the building unless expressly shown upon the
approved DA plans. Details confirming compliance with this condition must be shown
on the Construction Certificate plans and/or detailed within the Construction
Certificate specifications. Required external vents or vent pipes on the roof or above
the eaves must be shown on the Construction Certificate plans.
Note: The intent of this condition is that the design quality of the development must not be
compromised by cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like
placed such that they are visible from any adjoining public place. They must be contained within
the building unless shown otherwise by the approved development consent plans.
The Construction Certificate plans and specifications, required to be submitted to the
Certifying Authority pursuant to clause 139 of the Regulation, must detail the
replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters
sewer main where they are not found by inspection to be UPVC or copper with
continuously welded joints.
Note: This condition has been imposed to ensure that where private sewer pipes are old, may leak or
may be subject to root invasion (whether from existing or proposed private or public landscaping)
that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or
copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main,
such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential
source of water pollution, unsafe and unhealthy conditions which must be remedied in the public
interest
C.4 Professional Engineering Details
Regulation, must include detailed professional engineering plans and/or specifications
for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and
civil work complying with this consent, approved plans, the statement of environmental
effects and supporting documentation.
Detailed professional engineering plans and/or specifications must be submitted to the
Certifying Authority with the application for any Construction Certificate.
Note: This does not affect the right of the developer to seek staged Construction Certificates.
10
30 August 2010
C.5 Geotechnical and Hydrogeological Design, Certification & Monitoring
The Construction Certificate plans and specification required to be submitted to the
Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by
a Geotechnical / Hydrogeological Monitoring Program together with civil and
structural engineering details for foundation retaining walls, footings, basement
tanking, and subsoil drainage systems, as applicable, prepared by a professional
engineer, who is suitably qualified and experienced in geotechnical and
hydrogeological engineering. These details must be certified by the professional
engineer to:
a)
b)
c)
d)
e)
Provide appropriate support and retention to ensure there will be no ground
settlement or movement, during excavation or after construction, sufficient to
cause an adverse impact on adjoining property or public infrastructure.
Provide appropriate support and retention to ensure there will be no adverse
impact on surrounding property or infrastructure as a result of changes in local
hydrogeology (behaviour of groundwater).
Provide foundation tanking prior to excavation such that any temporary changes
to the groundwater level, during construction, will be kept within the historical
range of natural groundwater fluctuations. Where the historical range of natural
groundwater fluctuations is unknown, the design must demonstrate that changes
in the level of the natural water table, due to construction, will not exceed 0.3m at
any time.
Provide tanking of all below ground structures to prevent the entry of all ground
water such that they are fully tanked and no on-going dewatering of the site is
required.
Provide a Geotechnical and Hydrogeological Monitoring Program that:
•
Will detect any settlement associated with temporary and permanent works
and structures;
•
Will detect deflection or movement of temporary and permanent retaining
structures (foundation walls, shoring bracing or the like);
•
Will detect vibration in accordance with AS 2187.2-1993 Appendix J
including acceptable velocity of vibration (peak particle velocity);
•
Will detect groundwater changes calibrated against natural groundwater
variations;
•
Details the location and type of monitoring systems to be utilised;
•
Details the preset acceptable limits for peak particle velocity and ground
water fluctuations;
•
Details recommended hold points to allow for the inspection and
certification of geotechnical and hydro-geological measures by the
professional engineer; and;
•
Details a contingency plan.
C.6 Ground Anchors
This development consent does NOT give approval to works or structures over, on or
under public roads or footpaths excluding minor works subject to separate Road
Opening Permit.
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30 August 2010
The use of permanent ground anchors under Council land is not permitted.
Temporary ground anchors may be permitted, in accordance with Council’s “Rock
Anchor Policy", where alternative methods of stabilisation would not be practicable or
viable, and where there would be benefits in terms of reduced community impact due to
a shorter construction period, reduced disruption to pedestrian and vehicular traffic on
adjacent public roads, and a safer working environment.
If temporary ground anchors under Council land are proposed, a separate application,
including payment of fees, must be made to Council under Section 138 of the Roads
Act 1993. Application forms and Council’s “Rock Anchor Policy" are available from
Councils web-site http://www.woollahra.nsw.gov.au. Approval may be granted subject
to conditions of consent. Four weeks should be allowed for assessment.
Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition,
may impose one or more Infrastructure Works Bonds.
Note: Road has the same meaning as in the Roads Act 1993.
Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as
follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a
road if the excavation is capable of causing damage to the road (such as by way of subsidence) or
to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for
any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road.
Council will not give approval to permanent underpinning, shoring, soil anchoring within or under
any road.
C.7 Car Parking Details
The Construction Certificate plans and specifications required by clause 139 of the
Regulation, must include detailed plans and specifications for all bicycle, car and
commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car
Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities
respectively.
Access levels and grades must comply with access levels and grade required by Council
under the Roads Act 1993.
The Certifying Authority has no discretion to reduce or increase the number or area of
car parking or commercial parking spaces required to be provided and maintained by
this consent.
C.8 Stormwater Discharge to Harbour (Clause 25(2) WLEP 1995)
The developer must obtain written approval from the NSW Maritime Authority to
discharge stormwater from the subject property directly into Sydney Harbour.
C.9 Stormwater management plan Clause 25(2) WLEP 1995)
Regulation, must include a Stormwater Management Plan for the site.
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30 August 2010
The Stormwater Management Plan must detail:
a)
b)
c)
d)
e)
general design in accordance with DP Consulting Project 0826 Dwg No. SW00 to
05 Rev A dated 1.9.08 other than amended by this and other conditions;
the discharge of stormwater, by direct connection, to Sydney Harbour;
compliance the objectives and performance requirements of the BCA;
any rainwater tank required by BASIX commitments including their overflow
connection to the Stormwater Drainage System, and
general compliance with the Council’s draft Development Control Plan
Stormwater Drainage Management (draft version 1.1, public exhibition copy
dated 14/12/2006).
The Stormwater Management Plan must include the following specific requirements:
Layout plan
A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in
accordance with the Institute of Engineers Australia publication, Australian Rainfall
and Run-off, 1987 edition or most current version thereof. It must include:
•
•
•
•
•
•
All pipe layouts, dimensions, grades, lengths and material specification,
Location of On-Site Detention,
All invert levels reduced to Australian Height Datum (AHD),
Location and dimensions of all drainage pits,
Point and method of connection to Councils drainage infrastructure, and
Overland flow paths over impervious areas.
Copies of certificates of title
showing the creation of private easements to drain water by gravity, if required.
Subsoil Drainage
•
•
•
Subsoil drainage details
Clean out points
Discharge point.
Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and
sustainable manner.
C.10 Tree Management Details
Regulation must, show the following information;
a)
b)
c)
Trees to be numbered in accordance with these conditions,
Shaded green where required to be protected and retained,
Shaded yellow where required to be transplanted,
13
d)
e)
f)
30 August 2010
Shaded blue where required to be pruned,
Shaded red where authorised to be removed and,
References to applicable tree management plan, arborists report, transplant
method statement or bush regeneration management plan.
C.11 Building upgrade (Clause 94 of the Regulation)
Council considers pursuant to clause 94 of the Regulation that it is appropriate to
require the existing building to be brought into total or partial conformity with the BCA.
The Construction Certificate plans and specification required to be submitted to the
Certifying Authority pursuant to clause 139 of the Regulation must detail building
upgrade works required by this condition.
The Certifying Authority must be satisfied that such work, to be implemented as part of
the development, will upgrade the building to bring it into compliance with the
following provisions of the BCA as in force at the date of the Construction Certificate
application:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
That the existing stairway shall meet the performance requirement DP5 of the
BCA. Details shall be submitted to Council for approval prior to initiation of
building works;
That the exit doors shall swing in the direction of egress complying with the
requirements of D2.20 of the BCA. The doors shall be operable by single handed
downward action or pushing action in accordance with the requirements of D2.21
of the BCA and shall not encroach the street alignment;
That the stair construction shall comply with the requirements of Clause D2.13 of
the BCA;
That a suitable balustrade shall be provided to all fire exit stairs in accordance
with the requirements of D2.16 of the BCA. All proposed building details shall
be submitted to Council for approval prior to any building work commencing;
That a system of emergency lighting shall be installed throughout the building to
provide sufficient light in an emergency in accordance with the requirements of
Part E4 of the BCA;
That exit signs shall be installed above all required exit doors. Signs shall be
illuminated at all times and generally be of sufficient number that direction of
travel to all exits is clearly visible from any part of the major egress routes. Exit
signs shall be installed to the standard expressed in Clauses E4.5, E4.6 and E4.8
of the BCA;
That signs warning against the use of lifts in the event of fire shall be provided in
accordance with the requirements of Clause E3.3 of the BCA;
That suitable signage shall be installed to alert persons that the operation of
certain doors must not be impaired in accordance with clause D2.23 of the BCA;
That notices outlining the offences relating to fire exits shall be displayed in a
conspicuous position adjacent to, but not within, the passageway, ramp or
stairway in accordance with Clause 183 of the Environmental Planning and
Assessment Regulation 2000;
That the electrical installation serving the subject premises shall be inspected by a
suitably qualified electrical contractor and be certified in the following manner;
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30 August 2010
The certificate shall be in the form of a written report providing the following
minimum requirements:•
the electrical contractors licence number;
•
that a visual examination (refer to clause 8.2 of AS/NZS 3000:2007) of
wiring, fittings and accessories was undertaken and were found to be in
sound condition;
•
that an insulation resistance and circuit connection test was carried out
pursuant to Clause 8.3.6 of AS/NZS 3000:2007 and was found to be
satisfactory;
k)
l)
m)
n)
o)
p)
q)
r)
s)
t)
That an automatic smoke detection and alarm system complying with
Specification E2.2a Clause 3 of the BCA shall be installed throughout the
building;
That a building occupant warning system shall be installed throughout the
building. The system shall comply with the requirements of clause 6 of
Specification E2.2a of the BCA;
That the doors of the following areas shall have a fire resistance level of -/60/30
and be fitted with an approved self-closing device designed to bring the doors to
the fully closed and latched position after each manual operation:
•
all entrance doors to sole occupancy units;
•
all doors to the stairways;
That the existing lift shall be fully enclosed by construction having a fire
resistance level of not less than -/90/90. All openings thereto shall be protected
by -/60/- fire doors that comply with clause C3.10 of the BCA;
That the lift motor room shall be isolated from the remainder of the building in
accordance with the requirements of Clause C2.12 of the BCA;
All openings on the external walls within three (3) metres of a side boundary shall
be protected in accordance with the requirements of clause C3.2 of the BCA;
That openings within six (6) metres from the point of discharge of the fire
isolated stairway in the path of travel shall be protected in accordance with the
requirements of clause D1.7 (c) of the BCA;
That hydrants shall be installed throughout the building in accordance with the
requirements of Clause E1.3 of the BCA;
That hose reels shall be installed throughout the building to the standard
expressed in Clause E1.4 of the BCA;
Hose reels shall not be located within rooms but rather in common areas such as
passageways, lobbies or foyers, so that their location is obvious and always
available to all occupants;
If it is desired to enclose the hose reels, the cabinets shall be of a size with
sufficient clearance between reel and cabinet to allow the hose to be drawn off in
any direction and rewound without difficulty;
Cabinets enclosing hose reels shall have a conspicuously displayed sign fitted to
the door, with lettering at least 50mm in height reading "Fire Hose Reel";
All cabinets are to comply with the relevant requirements of AS1221 and AS
2441;
That portable fire extinguishers shall be provided throughout the building to the
requirements of Clause E1.6 of the BCA and the relevant requirements of AS
2444;
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30 August 2010
Note: The Certifying Authority issuing the Construction Certificate has no power to remove the
requirement to upgrade the existing building as required by this condition. Where this conditions
specifies compliance with performance requirements of the BCA the Certifying Authority, subject
to their level of accreditation, may be satisfied as to such matters. Where this condition specifies
compliance with prescriptive (deemed to satisfied) provisions of the BCA these prescriptive
requirements must be satisfied and cannot be varied unless this condition is reviewed under
section 82A or amended under section 96 of the Act.
Note: This condition does not set aside the Certifying Authorities responsibility to ensure compliance
with clause 143 of the Regulation in relation to Fire Protection and Structural Adequacy.
Note: AS 4655 Guidelines for fire safety audits for buildings (or any succeeding AS) should form the
basis of any fire upgrade report.
C.12 Light and Ventilation
Certifying Authority pursuant to clause 139 of the Regulation, must detail all a lighting,
mechanical ventilation or air-conditioning systems complying with Part F.4 of the BCA
or clause 3.8.4 and 3.8.5 of the BCA Housing Provisions, inclusive of AS 1668.1, AS
1668.2 and AS/NZS 3666.1. If an alternate solution is proposed then the Construction
Certificate application must include a statement as to how the performance
requirements of the BCA are to be complied with and support the performance based
solution by expert evidence of suitability. This condition does not set aside the
mandatory requirements of the Public Health (Microbial Control) Regulation2000 in
relation to regulated systems. This condition does not set aside the effect of the
Protection of the Environment Operations Act 1997 in relation to offensive noise or
odour.
Note: Clause 98 of the Regulation requires compliance with the BCA. Clause 145 of the Regulation
prevents the issue of a Construction Certificate unless the Accredited Certifier/Council is satisfied
that compliance has been achieved. Schedule 1, Part 3 of the Regulation details what information
must be submitted with any Construction Certificate. It is the Applicant's responsibility to
demonstrate compliance through the Construction Certificate application process. Applicants
must also consider possible noise and odour nuisances that may arise. The provisions of the
Protection of the Environment Operations Act 1997 have overriding effect if offensive noise or
odour arises from the use. Applicant's must pay attention to the location of air intakes and air
exhausts relative to sources of potentially contaminated air and neighbouring windows and air
intakes respectively, see section 2 and 3 of AS 1668.2.
Standard Condition C59
C.13 Carpark Ventilation
The basement car park in which vehicles powered by internal combustion engines are
parked is required to comply with Section 4 ‘Ventilation Of Enclosures Used By
Vehicles With Internal Combustion Engines’ of Australian Standard 1668.2-1991. In
general air distribution must achieve uniform dilution of contaminants in the garage and
maintain contaminant concentrations below recommended exposure standards.
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30 August 2010
The basement car park must be naturally ventilated or provided with a combination of
both supply and exhaust mechanical ventilation. The applicant is to determine the
method of ventilation of the basement car park and provide details to the Certifying
Authority accordingly. Except as varied in accordance with Clause 4.4.1 (a), (b) or (c),
the 53 vehicle basement car park shall be mechanically ventilated by a combination of
general exhaust with flow rates in accordance with Clause 4.4.2, and supply with flow
rates specified in Clause 4.8 of Australian Standard 1668.2-1991.
The Air Discharge for the car park ventilation system is to comply with Section 3
(Exhaust Air Dilution Procedure) of Australian Standard 1668.2-1991 and in particular
Clause 3.7 (1-4) pertaining to air discharges.
C.14 General Ventilation
All internal sanitary rooms and laundry facilities not provided with natural ventilation,
must be provided with a system of mechanical exhaust ventilation in accordance with
Table B1 “Minimum Exhaust Ventilation Flow Rates” of AS 1668.2-1991. Details of
any proposed mechanical ventilation system(s) being submitted with the Construction
Certificate plans and specifications, required to be submitted to the Certifying
Authority demonstrating compliance with AS 1668 Parts 1&2.
C.15 BASIX commitments
The applicant must submit to the Certifying Authority BASIX Certificate No. 210825S
with any application for a Construction Certificate.
Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a
new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the
BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the
Regulation) the applicant will be required to submit an amended development application to
Council pursuant to section 96 of the Act.
All commitments in the BASIX Certificate must be shown on the Construction
Certificate plans and specifications prior to the issue of any Construction Certificate.
Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A
certifying authority must not issue a construction certificate for building work unless it is satisfied
of the following matters: (a1) that the plans and specifications for the building include such
matters as each relevant BASIX certificate requires,"
C.16 Structural Adequacy of Existing Supporting Structures
A certificate from a professional engineer (Structural Engineer), certifying the
adequacy of the existing supporting structure to support the additional loads proposed
to be imposed by the development, must be submitted with the Construction Certificate
application.
Note: This condition is imposed to ensure that the existing structure is able to support the additional
loads proposed.
17
D.
30 August 2010
Conditions which must be satisfied prior to the commencement of any
development work
D.1 Dilapidation Reports for existing buildings
Dilapidation surveys must be conducted and dilapidation reports prepared by a
professional engineer (structural) of all buildings on land whose title boundary abuts
the site and of such further buildings located within the likely “zone of influence” of
any excavation, dewatering and/or construction induced vibration. These properties
must include (but is not limited to) 10 and 14 Longworth Avenue.
The dilapidation reports must be completed and submitted to Council with the Notice of
Commencement prior to the commencement of any development work.
Where excavation of the site will extend below the level of any immediately adjoining
building the principal contractor or owner builder must give the adjoining building
owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice
of commencement required by s81A(2) of the Act not less than two (2) days prior to the
commencement of any work.
Note: The reasons for this condition are:
•
To provide a record of the condition of buildings prior to development being carried out
•
To encourage developers and its contractors to use construction techniques that will
minimise the risk of damage to buildings on neighbouring land
Also refer to the Dilapidation Report Advising for more information regarding this condition
Standard Condition: D4
D.2 Adjoining buildings founded on loose foundation materials
The principal contractor must ensure that a professional engineer determines the
possibility of any adjoining buildings founded on loose foundation materials being
affected by piling, piers or excavation. The professional engineer (geotechnical
consultant) must assess the requirements for underpinning any adjoining or adjacent
buildings founded on such soil on a case by case basis and the principal contractor
must comply with any reasonable direction of the professional engineer.
Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical)
advice to ensure that appropriate underpinning and support to adjoining land is maintained prior to
commencement may result in damage to adjoining land and buildings. Such contractors are likely
to be held responsible for any damages arising from the removal of any support to supported land
as defined by section 177 of the Conveyancing Act 1919.
D.3 Construction Management Plan
As a result of the site constraints, limited space and access a Construction Management
Plan is to be submitted to Council. Also, due to the lack of on-street parking a Work
Zone may be required during construction.
A construction management plan must be submitted and approved by Council’s
Development Engineer. The plan must:-
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30 August 2010
a)
Describe the anticipated impact of the demolition, excavation and construction
works on:
•
Local traffic routes
•
Pedestrian circulation adjacent to the building site
•
On-street parking in the local area
b)
Describe the means proposed to:
•
Manage construction works to minimise such impacts,
•
Provide for the standing of vehicles during construction,
•
Provide for the movement of trucks to and from the site, and deliveries to
the site
c)
Show the location of:
•
Any site sheds and any anticipated use of cranes and concrete pumps,
•
Any areas of Council property on which it is proposed to install a Works
Zone (Construction Zone)
•
Structures to be erected such as hoardings, scaffolding or shoring
•
Any excavation
d)
Describe the excavation impact on the area including
•
Number and types of trucks to be used
•
Time frame
•
Streets to be used
•
Routes to be taken
•
Directions of travel
•
Truck storage areas
•
It is recommended that vehicle routes be shared
e)
Protect Trees, Bushland and Public Open Space:
•
Show the location of all Tree Protection (Exclusion) Zones as required
within the conditions of this development consent.
The Plan must make provision for all materials, plant, etc. to be stored within the
development site at all times during construction. Structures or works on Council
property such as hoardings, scaffolding, shoring or excavation need separate approval
from Council. Standing of cranes and concrete pumps on Council property will need
approval on each occasion.
Note: A minimum of eight weeks will be required for assessment. Work must not commence until the
Construction Management Plan is approved. Failure to comply with this condition may result in
fines and proceedings to stop work.
D.4 Works (Construction) Zone – Approval & Implementation
A works zone is required for this development. The principal contractor or owner
must apply for a works zone. If the works zone is approved the principal contractor or
owner must pay all fees for and implement the required works zone before
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30 August 2010
The principal contractor must pay all fees associated with the application and
occupation and use of the road as a works zone. All works zone signs must have been
erected by Council to permit enforcement of the works zone by Rangers and Police
before commencement of any work. Signs are not erected until full payment of works
zone fees.
Note: The principal contractor or owner must allow not less than four to six weeks (for routine
applications) from the date of making an application to the Traffic Committee (Woollahra Local
Traffic Committee) constituted under the Clause 22 of the Transport Administration (General)
Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under
Section 50 of the Transport Administration Act 1988.
Note: The enforcement of the works zone is at the discretion of Council’s Rangers and the NSW Police
Service. The principal contractor must report any breach of the works zone to either Council or
the NSW Police Service.
D.5 Security Fencing, Hoarding and Overhead Protection
Security fencing must be provided around the perimeter of the development site,
including any additional precautionary measures taken to prevent unauthorised entry to
the site at all times during the demolition, excavation and construction period. Security
fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.
Where the development site adjoins a public thoroughfare, the common boundary
between them must be fenced for its full length with a hoarding, unless the least
horizontal distance between the common boundary and the nearest parts of the structure
is greater than twice the height of the structure. The hoarding must be constructed of
solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8
m adjacent to the thoroughfare.
Where a development site adjoins a public thoroughfare with a footpath alongside the
common boundary then, in addition to the hoarding required above, the footpath must
be covered by an overhead protective structure and the facing facade protected by
heavy-duty scaffolding, unless either:
a)
The vertical height above footpath level of the structure being demolished is less
than 4.0 m; or
20
b)
30 August 2010
The least horizontal distance between footpath and the nearest part of the
structure is greater than half the height of the structure.
The overhead structure must consist of a horizontal platform of solid construction and
vertical supports, and the platform must:
a)
b)
c)
d)
Extend from the common boundary to 200mm from the edge of the carriageway
for the full length of the boundary;
Have a clear height above the footpath of not less than 2.1 m;
Terminate 200mm from the edge of the carriageway (clearance to be left to
prevent impact from passing vehicles) with a continuous solid upstand projecting
not less than 0.5 m above the platform surface; and
Together with its supports, be designed for a uniformly distributed live load of
not less than 7 kPa.
The principal contractor or owner builder must pay all fees associated with the
application and occupation and use of the road (footway) for required hoarding or
overhead protection.
The principal contractor or owner builder must ensure that Overhead Protective
Structures are installed and maintained in accordance with WorkCover NSW Code of
Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced
20 March 1995. This can be downloaded from:
http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/ohead
protstructs.htm.
Security fencing, hoarding and overhead protective structure must not obstruct access
to utilities services including but not limited to man holes, pits, stop valves, fire
hydrants or the like.
Note: The principal contractor or owner must allow not less than two (2) weeks from the date of
making a hoarding application for determination. Any approval for a hoarding or overhead
protection under the Roads Act 1993 will be subject to its own conditions and fees.
D.6 Erosion and Sediment Controls – Installation
The principal contractor or owner builder must install and maintain water pollution,
erosion and sedimentation controls in accordance with:
a)
The Soil and Water Management Plan if required under this consent;
21
b)
c)
30 August 2010
“Do it Right On Site, Soil and Water Management for the Construction Industry”
published by the Southern Sydney Regional Organisation of Councils, 2001; and
“Managing Urban Stormwater - Soils and Construction” published by the NSW
Department of Housing 4th Edition” ('The Blue Book').
Where there is any conflict The Blue Book takes precedence.
Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists
consultant experts who can assist in ensuring compliance with this condition. Where Soil and
Water Management Plan is required for larger projects it is recommended that this be produced by
a member of the International Erosion Control Association – Australasia.
Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications
can be down loaded free of charge from www.woollahra.nsw.gov.au.
Note: A failure to comply with this condition may result in penalty infringement notices, prosecution,
notices and orders under the Act and/or the Protection of the Environment Operations Act 1997
without any further warning. It is a criminal offence to cause, permit or allow pollution.
Note: Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “the
occupier of premises at or from which any pollution occurs is taken to have caused the pollution”
Warning: Irrespective of this condition any person occupying the site may be subject to proceedings
under the Protection of the Environment Operations Act 1997 where pollution is caused,
permitted or
allowed as the result of their occupation of the land being developed.
D.7 Establishment of Tree Protection Zones
To limit the potential for damage to trees to be retained, Tree Protection Zones are to be
established around all trees to be retained on site. The Tree Protection Zones are to
comply with the following requirements;
a)
Tree Protection Zone areas
Council
Ref No
1
b)
Species
Location
Glochidion ferdinandii Cheese Tree
Front Eastern area of property
Radius from
Trunk (metres)
4 metres
Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or
weldmesh fence to minimise disturbance to existing ground conditions. The area
within the fence must be mulched, to a depth of 75mm, irrigated and maintained
for the duration of the construction works.
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30 August 2010
Figure 1. A typical example of chainmesh fencing and signage to be installed as fencing for tree
protection zones.
c)
Trunk protection, to a maximum height permitted by the first branches, is to be
installed around the trunks of the trees listed in the table below;
Council Ref No
1
Species
Location
Front
A padding material eg. Hessian or thick carpet underlay is to be wrapt around the
trunk first. Harwood planks, 50x100mm and to the maximum possible length, are
to be placed over the padding and around the trunk of the tree at 150mm centres.
These planks are to be secured in place by 8 gauge wire at 300mm spacing.
Figure 2. A typical example of trunk protection to be installed
d)
A sign must be erected on each side of the fence indicating the existence of a Tree
Protection Zone and providing the contact details of the site Arborist.
e)
Existing soil levels must be maintained within Tree Protection Zones. Where
excavation is undertaken adjacent such an area, the edge of the excavation must
be stabilised, until such time as permanent measures are installed (e.g. retaining
wall etc) to prevent erosion within the Tree Protection Zone.
f)
Sediment control measures are to be installed around all Tree Protection Zones to
protect the existing soil levels.
g)
The storage of materials, stockpiling, siting of works sheds, preparation of mixes,
cleaning of tools or equipment is not permitted within Tree Protection Zones.
Site personnel must be made aware of all Tree Protection requirements, measures and
any actions that constitute a breach of the Conditions of Development Consent with
regard to tree protection on site during their site induction.
Note: Water Restrictions take precedence over this condition. Having regard to water restrictions
manual hosing may be necessary.
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30 August 2010
24
30 August 2010
D.8 Permissible work within Tree Protection Zones
In accordance with British Standard BS5837, one incursion no greater than 20% of a
trees calculated Tree Protection Zone is considered allowable provided the tree is a
healthy and vigorous specimen. Upon completion of approved works within the Tree
Protection Zone, the specified Tree Protection Zone fencing must end either side of the
allowable incursion. The table below provides a radius distance from the centre of the
trunk of existing trees whereby the following incursions are permissible:
a)
Permissible Work within Tree Protection Zones
Council
Ref No
Species
Location
Radius from
Trunk (metres)
Approved works within
incursion
1
Glochidion ferdinandii
Cheese Tree
Front, Eastern
area of property
1.5 metres
Construction of wall on
Western side of tree
b)
Where excavation is undertaken within a specified Tree Protection Zone, the edge
of the excavation must be stabilised, until such time as permanent measures are
installed (e.g. retaining wall etc) to prevent erosion within the Tree Protection
Zone.
c)
To prevent damage to roots and compaction within the Tree Protection Zone of
specified trees, excavation must be hand dug. Small hand tools only are to be
utilised, mattocks and similar digging tools are not be used within these areas. No
root with a diameter equal to or in excess of 50mm is to be cut unless approved,
in writing, by a qualified Arborist (minimum qualification of Australian
Qualification Framework Level 4 or recognised equivalent).
All root pruning must be undertaken in accordance with the Australian Standard 4373
“Pruning of Amenity Trees and carried out by a qualified Arborist (minimum
qualification of Australian Qualification Framework Level 4 or recognised equivalent).
Beyond this radius, mechanical excavation is permitted, when root pruning by hand
along the perimeter line of such works is completed.
D.9 Compliance with Building Code of Australia and insurance requirements under
the Home Building Act 1989
For the purposes of section 80A (11) of the Act, the following conditions are prescribed
in relation to a development consent for development that involves any building work:
a)
b)
that the work must be carried out in accordance with the requirements of the
Building Code of Australia,
in the case of residential building work for which the Home Building Act 1989
requires there to be a contract of insurance in force in accordance with Part 6 of
that Act, that such a contract of insurance is in force before any building work
authorised to be carried out by the consent commences.
This condition does not apply:
25
a)
b)
30 August 2010
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 (4),
to the erection of a temporary building.
In this condition, a reference to the BCA is a reference to that code as in force on the
date the application for the relevant construction certificate is made.
Note: This condition must be satisfied prior to commencement of any work in relation to the contract of
insurance under the Home Building Act 1989. This condition also has effect during the carrying
out of all building work with respect to compliance with the Building Code of Australia.
Note: All new guttering is to comply with the provisions of Part 3.5.2 of the Building Code of Australia.
D.10 Site Signs
The Principal Contractor or owner builder must ensure that the sign/s required by
clauses 98A and 227A of the Regulation is/are erected and maintained at all times.
Clause 98A of the Regulation provides:
Erection of signs
•
For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are
prescribed as conditions of a development consent for development that involves any building
work, subdivision work or demolition work.
•
A sign must be erected in a prominent position on any site on which building work, subdivision
`work or demolition work is being carried out:
a.
showing the name, address and telephone number of the principal certifying authority for
the work, and
b.
showing the name of the principal contractor (if any) for any building work and a
telephone number on which that person may be contacted outside working hours, and
c.
stating that unauthorised entry to the work site is prohibited.
•
Any such sign is to be maintained while the building work, subdivision work or demolition work
is being carried out, but must be removed when the work has been completed.
•
This clause does not apply in relation to building work, subdivision work or demolition work that
is carried out inside an existing building that does not affect the external walls of the building.
•
This clause does not apply in relation to Crown building work that is certified, in accordance with
section 116G of the Act, to comply with the technical provisions of the State’s building laws.”
Signs on development sites
If there is a person who is the PCA or the principal contractor for any building work, subdivision work or
demolition work authorised to be carried out on a site by a development consent or complying
development certificate:
•
Each such person MUST ensure that a rigid and durable sign showing the person’s identifying
particulars so that they can be read easily by anyone in any public road or other public place
adjacent to the site is erected in a prominent position on the site before the commencement of
work, and is maintained on the site at all times while this clause applies until the work has been
carried out.
Note: Clause 227A imposes a penalty exceeding $1,000 if these requirements are not complied with.
Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner
builder who must ensure that the sign is erected and maintained as required by Clause 98A and
Clause 227A of the Regulation.
26
30 August 2010
D.11 Toilet Facilities
Toilet facilities are to be provided, at or in the vicinity of the work site on which work
involved in the erection or demolition of a building is being carried out, at the rate of
one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet
provided:
a)
b)
c)
d)
must be a standard flushing toilet, and
must be connected to a public sewer, or
if connection to a public sewer is not practicable, to an accredited sewage
management facility approved by the council, or
if connection to a public sewer or an accredited sewage management facility is
not practicable, to some other sewage management facility approved by the
council.
The provision of toilet facilities in accordance with this condition must be completed
before any other work is commenced.
In this condition:
accredited sewage management facility means a sewage management facility to which
Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies,
being a sewage management facility that is installed or constructed to a design or plan
the subject of a certificate of accreditation referred to in clause 95B of the Local
Government (Approvals) Regulation 1993.
approved by the council means the subject of an approval in force under Division 1 of
Part 3 of the Local Government (Approvals) Regulation 1993.
public sewer has the same meaning as it has in the Local Government (Approvals)
Regulation 1993.
sewage management facility has the same meaning as it has in the Local Government
(Approvals) Regulation 1993.
Note: This condition does not set aside the requirement to comply with Workcover NSW requirements.
D.12 Building - Construction Certificate, Appointment of Principal Certifying
Authority, Appointment of Principal Contractor and Notice of Commencement
(s81A(2) of the Act)
The erection of the building in accordance with this development consent must not be
commenced until:
a)
A construction certificate for the building work has been issued by the consent
authority, the council (if the council is not the consent authority) or an accredited
Certifier, and
27
30 August 2010
b)
The person having the benefit of the development consent has:
•
Appointed a principal certifying authority for the building work, and
Notified the principal certifying authority that the person will carry out the
•
building work as an owner-builder, if that is the case, and
c)
the principal certifying authority has, no later than 2 days before the building
work commences:
Notified the consent authority and the council (if the council is not the
•
consent authority) of his or her appointment, and
•
Notified the person having the benefit of the development consent of any
critical stage inspections and other inspections that are to be carried out in
respect of the building work, and
d)
The person having the benefit of the development consent, if not carrying out the
work as an owner-builder, has:
•
Appointed a principal contractor for the building work who must be the
holder of a contractor licence if any residential building work is involved,
and
•
Notified the principal certifying authority of any such appointment, and
•
Unless that person is the principal contractor, notified the principal
contractor of any critical stage inspections and other inspections that are to
be carried out in respect of the building work, and
•
Given at least 2 days’ notice to the council of the person’s intention to
commence the erection of the building.
Note: building has the same meaning as in section 4 of the Act and includes part of a building and any
structure or part of a structure.
Note: new building has the same meaning as in section 109H of the Act and includes an altered portion
of, or an extension to, an existing building.
Note: The commencement of demolition works associated with an altered portion of, or an extension to,
an existing building is considered to be the commencement of building work requiring compliance
with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any
demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc
[2001] NSWLEC 125.
Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement
forms can be downloaded from Council’s website www.woollahra.nsw.gov.au .
Note: It is an offence for any person to carry out the erection of a building in breach of this condition
and in breach of section 81A(2) of the Act.
D.13 Notification of Home Building Act 1989 requirements
a)
b)
For the purposes of section 80A (11) of the Act, the requirements of this
condition are prescribed as conditions of a development consent for development
that involves any residential building work within the meaning of the Home
Building Act 1989.
Residential building work within the meaning of the Home Building Act 1989
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 following information:
28
c)
d)
30 August 2010
•
In the case of work for which a principal contractor is required to be
appointed:
the name and licence number of the principal contractor, and
the name of the insurer by which the work is insured under Part 6 of
that Act,
•
In the case of work to be done by an owner-builder:
the name of the owner-builder, and
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 the residential building work are changed while the
work is in progress so that the information notified under subclause (2) becomes
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.
This clause does not apply in relation to Crown building work that is certified, in
accordance with section 116G of the Act, to comply with the technical provisions
of the State’s building laws.
D.14 Establishment of boundary location, building location and datum
Prior to the commencement of any work the principal contractor or owner builder must
ensure that a surveyor registered under the Surveying Act 2002 sets out:
a)
b)
c)
d)
the boundaries of the site by permanent marks (including permanent recovery
points);
the location and level of foundation excavations, footings, walls and slabs by
permanent marks, pegs or profiles relative to the boundaries of the land and
relative to Australian Height Datum (“AHD”) in compliance with the approved
plans;
establishes a permanent datum point (bench mark) within the boundaries of the
site relative to AHD; and
provides a copy of a survey report by the registered surveyor detailing, the title
boundaries, pegs/profiles, recovery points and bench mark locations as
established pursuant to this condition to the PCA.
Note: Where the principal contractor or owner builder notes any discrepancy between the approved
development consent and the Construction Certificate, especially in relation to the height, location
or external configuration of the building (but not limited to these issues) the principal contractor
or owner builder should not proceed until satisfied that the variations as shown are consistent with
the consent. Failure to do so may result in a breach of development consent.
Note: On larger developments, or where boundary redefinition is required, the placement of new State
Survey Marks as permanent marks should be considered by the registered surveyor.
29
E.
30 August 2010
Conditions which must be satisfied during any development work
E.1 Compliance with Construction Management Plan
All development activities and traffic movements must be carried out in accordance
with the approved construction management plan. All controls in the Plan must be
maintained at all times. A copy of the Plan must be kept on-site at all times and made
available to the PCA or Council on request.
Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and
parking legislation prevails.
Standard Condition: E3
E.2 Maintenance of Vehicular and Pedestrian Safety and Access
The principal contractor or owner builder and any other person acting with the benefit
of this consent must:
Not erect or maintain any gate or fence swing out or encroaching upon the road or the
footway.
a)
b)
c)
d)
Not use the road or footway for the storage of any article, material, matter, waste
or thing.
Not use the road or footway for any work.
Keep the road and footway in good repair free of any trip hazard or obstruction.
Not stand any plant and equipment upon the road or footway.
This condition does not apply to the extent that a permit or approval exists under the
section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section
138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that
at all time compliance is required with:
a)
b)
Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and
all relevant parts of this set of standards.
Australian Road Rules to the extent they are adopted under the Road Transport
(Safety and Traffic Management) (Road Rules) Regulation 1999.
Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to
close any road or road related area to traffic during any temporary obstruction or danger to traffic
or for any temporary purpose. Any road closure requires Police approval.
Note: Section 138 of the Roads Act 1993 provides that a person must not:
•
erect a structure or carry out a work in, on or over a public road, or
•
dig up or disturb the surface of a public road, or
•
remove or interfere with a structure, work or tree on a public road, or
•
pump water into a public road from any land adjoining the road, or
•
connect a road (whether public or private) to a classified road,
otherwise than with the consent of the appropriate roads authority.
Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain
activities only with the prior approval of the council including:
•
Part C Management of Waste:
a. For fee or reward, transport waste over or under a public place
b. Place waste in a public place
c. Place a waste storage container in a public place.”
30
•
30 August 2010
Part E Public roads:
a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or
tackle projecting over the footway
b. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so
as to overhang any part of the road or outside a shop window or doorway abutting the
road, or hang an article beneath an awning over the road.”
c. Any work in, on or over the Road or Footway requires Council Approval and in the
case of classified roads the NSW Roads and Traffic Authority. Road includes that
portion of the road uses as a footway.
E.3 Maintenance of Environmental Controls
The principal contractor or owner builder must ensure that the following monitoring,
measures and controls are maintained:
a)
b)
c)
d)
e)
f)
Erosion and sediment controls,
Dust controls,
Dewatering discharges,
Noise controls;
Vibration monitoring and controls;
Ablutions;
Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information.
E.4 Compliance with Geotechnical/Hydrogeological Monitoring Program
Excavation must be undertaken in accordance with the recommendations of the
Geotechnical / Hydrogeological Monitoring Program and any oral or written direction
of the supervising professional engineer.
The principal contractor and any sub-contractor must strictly follow the Geotechnical /
Hydrogeological Monitoring Program for the development including, but not limited
to;
a)
b)
c)
the location and type of monitoring systems to be utilised;
recommended hold points to allow for inspection and certification of geotechnical
and hydrogeological measures by the professional engineer; and
the contingency plan.
Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report
submitted with the Development Application to be appointed as the professional engineer
supervising the work however, it is the Council’s recommendation that the author of the report be
retained during the construction stage.
E.5 Support of adjoining land and buildings
A person must not to do anything on or in relation to the site (the supporting land) that
removes the support provided by the supporting land to any other land (the supported
land) or building (the supported building).
31
30 August 2010
For the purposes of this condition, supporting land includes the natural surface of the
site, the subsoil of the site, any water beneath the site, and any part of the site that has
been reclaimed.
Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported
land or building whether private or public. Where any underpinning, shoring, soil anchoring
(temporary or permanent) or the like is considered necessary upon any adjoining or supported
land by any person the principal contractor or owner builder must obtain:
a.
the consent of the owners of such adjoining or supported land to trespass or encroach, or
b.
an access order under the Access to Neighbouring Land Act 2000, or
c.
an easement under section 88K of the Conveyancing Act 1919, or
d.
an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.
Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of
land. Accordingly, a person has a duty of care not to do anything on or in relation to land being
developed (the supporting land) that removes the support provided by the supporting land to any
other adjoining land (the supported land).
follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a
road if the excavation is capable of causing damage to the road (such as by way of subsidence) or
to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for
any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road.
Council will not give approval to permanent underpinning, shoring, soil anchoring within or under
any road.
Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council
does not adjudicate or regulate such trespasses or encroachments except in relation to
encroachments upon any road, public place, crown land under Council’s care control or
management, or any community or operational land as defined by the Local Government Act
1993.
E.6 Vibration Monitoring
Vibration monitoring equipment must be installed and maintained, under the
supervision of a professional engineer with expertise and experience in geotechnical
engineering, between any potential source of vibration and any building identified by
the professional engineer as being potentially at risk of movement or damage from
settlement and/or vibration during the excavation and during the removal of any
excavated material from the land being developed.
If vibration monitoring equipment detects any vibration at the level of the footings of
any adjacent building exceeding the peak particle velocity adopted by the professional
engineer as the maximum acceptable peak particle velocity an audible alarm must
activate such that the principal contractor and any sub-contractor are easily alerted to
the event.
Where any such alarm triggers all excavation works must cease immediately.
Prior to the vibration monitoring equipment being reset by the professional engineer
and any further work recommencing the event must be recorded and the cause of the
event identified and documented by the professional engineer.
32
30 August 2010
Where the event requires, in the opinion of the professional engineer, any change in
work practices to ensure that vibration at the level of the footings of any adjacent
building does not exceed the peak particle velocity adopted by the professional
engineer as the maximum acceptable peak particle velocity these changes in work
practices must be documented and a written direction given by the professional
engineer to the principal contractor and any sub-contractor clearly setting out required
work practice.
The principal contractor and any sub-contractor must comply with all work directions,
verbal or written, given by the professional engineer.
A copy of any written direction required by this condition must be provided to the
Principal Certifying Authority within 24 hours of any event.
Where there is any movement in foundations such that damaged is occasioned to any
adjoining building or such that there is any removal of support to supported land the
professional engineer, principal contractor and any sub-contractor responsible for such
work must immediately cease all work, inform the owner of that supported land and
take immediate action under the direction of the professional engineer to prevent any
further damage and restore support to the supported land.
Note: Professional engineer has the same mean as in Clause A1.1 of the BCA.
Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building
and any structure or part of a structure”.
Note: Supported land has the same meaning as in section 88K of the Conveyancing Act 1919.
E.7 Erosion and Sediment Controls – Maintenance
The principal contractor or owner builder must maintain water pollution, erosion and
sedimentation controls in accordance with:
a)
b)
c)
The Soil and Water Management Plan required under this consent;
Department of Housing 4th Edition (“The Blue Book”).
Note: A failure to comply with this condition may result in penalty infringement notices, prosecution,
notices and orders under the Act and/or the Protection of the Environment Operations Act 1997
without any further warning. It is a criminal offence to cause, permit or allow pollution.
33
30 August 2010
Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier
of premises at or from which any pollution occurs is taken to have caused the pollution”.
under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or
allowed as the result of the occupation of the land being developed whether or not they actually cause the
pollution.
E.8 Disposal of site water during construction
The principal contractor or owner builder must ensure:
a)
b)
c)
Prior to pumping any water into the road or public stormwater system that
approval is obtained from Council under section 138(1)(d) of the Roads Act 1993;
That water pollution, as defined by the Protection of the Environment Operations
Act 1997, does not occur as the result of the discharge to the road, public
stormwater system or other place or any site water;
That stormwater from any roof or other impervious areas is linked, via temporary
downpipes and stormwater pipes, to a Council approved stormwater disposal
system immediately upon completion of the roof installation or work creating
other impervious areas.
Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely
affected by unreasonable overland flows of stormwater and that site water does not concentrate
water such that they cause erosion and water pollution.
E.9 Tree Preservation
All persons must comply with Council’s Tree Preservation Order (“the TPO”), other
than where varied by this consent. The order applies to any tree, with a height greater
than 5 metres or a diameter spread of branches greater than 3 metres, is subject to
Council’s Tree Preservation Order unless, exempted by specific provisions. Works to
be carried out within a 5 metre radius of any tree, subject to the Tree Preservation
Order, require the prior written consent of Council.
General Protection Requirements
a)
b)
Where excavation encounters tree roots with a diameter exceeding 50mm
excavation must cease. The principal contractor must procure an inspection of
the tree roots exposed by a qualified arborist. Excavation must only recommence
with the implementation of the recommendations of the qualified arborist or
where specific instructions are given by Council's Tree Management Officer in
strict accordance with such Council instructions.
Where there is damage to any part of a tree the principal contractor must procure
an inspection of the tree by a qualified arborist immediately. The principal
contractor must immediately implement treatment as directed by the qualified
arborist or where specific instructions are given by Council's Tree Management
Officer in strict accordance with such Council instructions.
Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity
Trees” and WorkCover NSW Code of Practice Amenity Tree Industry.
34
30 August 2010
E.10 Tree Preservation & Approved Landscaping Works
All landscape works must be undertaken in accordance with the approved landscape
plan, arborist report, tree management plan and transplant method statement as
applicable.
a)
The following trees must be retained:
Council
Ref No
1
b)
Species
Location
Dimension
(metres)
6 x 10m
The following trees may be pruned in accordance with Australian Standard AS
4373 “Pruning of Amenity Trees” and WorkCover NSW Code of Practice
Amenity Tree Industry, to the minimum extent necessary to provide clearance to
the new development:
Council
Ref No
1
Species
Glochidion
ferdinandii Cheese
Tree
Approved pruning specification (extent of
pruning)
Location
Front Eastern
area of
property
Crown raise minor branches only (no greater than
50mm diameter) by no more than 1 metre in order
to create adequate clearance over proposed carport
roof structure and passing or parked vehicles.
Note: The tree trees required to be pruned should appear coloured blue on the construction
certificate plans.
Note: Water Restrictions take precedence over this condition.
Note: Having regard to water restrictions manual hosing may be necessary.
E.11 Footings in the vicinity of trees
Footings for any structure constructed within the specified radius from the trunks of the
following trees, is to be constructed using an isolated pier and beam construction
method. Excavations for installation of piers is to be located so that no tree root with a
diameter equal to or in excess of 50mm is to be severed. The smallest possible area is to
be excavated which allows construction of the pier. The beam is to be placed a
minimum of 200mm above ground level and is to be designed to bridge all tree roots
with a diameter equal to or in excess of 50mm.
Council
Ref No
1
Species
Location
Radius from centre
of trunk (metres)
1.5 metres
E.12 Compliance with Building Code of Australia and insurance requirements under
the Home Building Act 1989
For the purposes of section 80A (11) of the Act, the following condition is prescribed in
relation to a development consent for development that involves any building work:
35
a)
b)
30 August 2010
That the work must be carried out in accordance with the requirements of the
Building Code of Australia,
In the case of residential building work for which the Home Building Act 1989
requires there to be a contract of insurance in force in accordance with Part 6 of
that Act, that such a contract of insurance is in force before any building work
authorised to be carried out by the consent commences.
a)
b)
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
(4) of the Regulation, or
To the erection of a temporary building.
In this clause, a reference to the BCA is a reference to that Code as in force on the date
the application for the relevant construction certificate is made.
E.13 Compliance with Australian Standard for Demolition
Demolition of buildings and structures must comply with Australian Standard AS
2601—1991: The Demolition of Structures, published by Standards Australia, and as in
force at 1 July 1993.
E.14 Critical Stage Inspections
Critical stage inspections must be called for by the principal contractor or owner
builder as required by the PCA, any PCA service agreement, the Act and the
Regulation.
Work must not proceed beyond each critical stage until the PCA is satisfied that work is
proceeding in accordance with this consent, the Construction Certificate(s) and the Act.
critical stage inspections means the inspections prescribed by the Regulations for the
purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA
Service Agreement.
Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the
PCA be satisfied that work is proceeding in accordance with this consent.
Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates,
survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to
any matter relevant to the development.
E.15 Hours of Work –Amenity of the neighbourhood
a)
b)
c)
No work must take place on any Sunday or public holiday,
No work must take place before 7am or after 5pm any weekday,
No work must take place before 7am or after 1pm any Saturday, and
36
d)
e)
30 August 2010
No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack
hammering or bulk excavation of land or loading of material to or from trucks
must take place before 9am or after 4pm any weekday, or before 9am or after
1pm any Saturday.
No rock excavation being cutting, boring, drilling, breaking, sawing , jack
hammering or bulk excavation of rock, must occur without a 15 minute break
every hour.
This condition has been imposed to mitigate the impact of work upon the amenity of
the neighbourhood. Impact of work includes, but is not limited to, noise, vibration,
dust, odour, traffic and parking impacts.
Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including
trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous
restrictions apply to these activities. This more invasive work generally occurs during the
foundation and bulk excavation stages of development. If you are in doubt as to whether or not a
particular activity is considered to be subject to the more onerous requirement (9am to 4pm
weekdays and 9am to 1pm Saturdays) please consult with Council.
Note: Each and every breach of this condition by any person may be subject to separate penalty
infringement notice or prosecution.
Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject
to RTA and Police restrictions on their movement out side the approved hours of work will be
considered on a case by case basis.
Note: Compliance with these hours of work does not affect the rights of any person to seek a remedy to
offensive noise as defined by the Protection of the Environment Operations Act 1997, the
Protection of the Environment Operations (Noise Control) Regulation 2000.
Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm .
Note: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf
E.16 Check Surveys - boundary location, building location, building height, stormwater
drainage system and flood protection measures relative to Australian Height
Datum
The Principal Contractor or Owner Builder must ensure that a surveyor registered
under the Surveying Act 2002 carries out check surveys and provides survey certificates
confirming the location of the building(s), ancillary works, flood protection works and
the stormwater drainage system relative to the boundaries of the site and that the height
of buildings, ancillary works, flood protection works and the stormwater drainage
system relative to Australian Height Datum complies with this consent at the following
critical stages.
The Principal Contractor or Owner Builder must ensure that work must not proceed
beyond each of the following critical stages until compliance has been demonstrated to
the PCA’s satisfaction:
a)
b)
c)
Upon the completion of foundation walls prior to the laying of any floor or the
pouring of any floor slab and generally at damp proof course level;
Upon the completion of formwork for floor slabs prior to the laying of any floor
or the pouring of any concrete and generally at each storey;
Upon the completion of formwork or framework for the roof(s) prior to the laying
of any roofing or the pouring of any concrete roof;
37
d)
e)
f)
g)
30 August 2010
Upon the completion of formwork and steel fixing prior to pouring of any
concrete for any ancillary structure, flood protection work, swimming pool or spa
pool or the like;
Upon the completion of formwork and steel fixing prior to pouring of any
concrete for driveways showing transitions and crest thresholds confirming that
driveway levels match Council approved driveway crossing levels and minimum
flood levels.;
Stormwater Drainage Systems prior to back filling over pipes confirming
location, height and capacity of works.
Flood protection measures are in place confirming location, height and capacity.
Note: This condition has been imposed to ensure that development occurs in the location and at the
height approved under this consent. This is critical to ensure that building are constructed to
minimum heights for flood protection and maximum heights to protect views and the amenity of
neighbours.
E.17 Site Cranes
Site Crane(s) and hoist(s) may be erected within the boundary of the land being
developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS
2550 and all relevant parts to these standards.
Cranes must not swing or hoist over any public place unless the principal contractor or
owner builder have the relevant approval under the Local Government Act 1993, Crown
Lands Act 1989 or Roads Act 1993.
The crane must not be illuminated outside approved working hours other than in
relation to safety beacons required by the Civil Aviation Safety Authority under the
Civil Aviation Act 1988 (Cth).
No illuminated sign(s) must be erected upon or displayed upon any site crane.
Note: Where it is proposed to swing a crane over a public place the principal contractor or owner
builder must make a separate application to Council under section 68 of the Local Government
Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public
place.
Note: Where it is proposed to swing a crane over private land the consent of the owner of that private
land is required. Alternatively, the principal contractor or owner builder must obtain an access
order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the
Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate.
The encroachment of cranes or the like is a civil matter of trespass and encroachment. Council
does not adjudicate or regulate such trespasses or encroachments.
E.18 Placement and use of Skip Bins
The principal contractor or owner builder must ensure that all waste storage containers,
including but not limited to skip bins, must be stored within the site unless:
38
a)
b)
30 August 2010
Activity Approval has been issued by Council under section 94 of the Local
Government Act 1993 to place the waste storage container in a public place, and
Where located on the road it is located only in a positions where a vehicle may
lawfully park in accordance with the Australian Road Rules to the extent they are
adopted under the Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999.
Note: Waste storage containers must not be located on the footpath without a site specific activity
approval. Where such site specific activity approval is granted a 1.5m wide clear path of travel is
maintained free of any trip hazards.
E.19 Prohibition of burning
There must be no burning of any waste or other materials. The burning of CCA
(copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all
parts of NSW. All burning is prohibited in the Woollahra local government area.
Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000
all burning (including burning of vegetation and domestic waste) is prohibited except with
approval. No approval is granted under this consent for any burning.
E.20 Dust Mitigation
Dust mitigation must be implemented in accordance with “Dust Control - Do it right on
site” published by the Southern Sydney Regional Organisation of Councils.
This generally requires:
a)
b)
c)
d)
e)
f)
g)
Dust screens to all hoardings and site fences.
All stockpiles or loose materials to be covered when not being used.
All equipment, where capable, being fitted with dust catchers.
All loose materials being placed bags before placing into waste or skip bins.
All waste and skip bins being kept covered when not being filled or emptied.
The surface of excavation work being kept wet to minimise dust.
Landscaping incorporating trees, dense shrubs and grass being implemented as
soon as practically possible to minimise dust.
Note: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site
www.woollahra.nsw.gov.au or obtained from Council’s office.
Note: Special precautions must be taken when removing asbestos or lead materials from development
sites. Additional information can be obtained from www.workcover.nsw.gov.au and
www.epa.nsw.gov.au . Other specific condition and advice may apply.
Note: Demolition and construction activities may affect local air quality and contribute to urban air
pollution. The causes are dust, smoke and fumes coming from equipment or activities, and
airborne chemicals when spraying for pest management. Precautions must be taken to prevent air
pollution.
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30 August 2010
E.21 Requirement to notify about new evidence
Any new information which comes to light during remediation, demolition or
construction works which has the potential to alter previous conclusions about site
contamination, heritage significance, threatened species or other relevant matters must
be immediately notified to Council and the Principal Certifying Authority.
F.
Conditions which must be satisfied prior to any occupation or use of the building
(Part 4A of the Act and Part 8 Division 3 of the Regulation)
F.1
Commissioning and Certification of Systems and Works
The principal contractor or owner builder must submit to the satisfaction of the PCA
works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability
in accordance with Part A2.2 of the BCA confirming that the works, as executed and as
detailed, comply with the requirement of this consent, the Act, the Regulations, any
relevant construction certificate, the BCA and relevant Australian Standards.
Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability
in accordance with Part A2.2 of the BCA must include but may not be limited to:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j
Certification from the supervising professional engineer that the requirement of
the Geotechnical / Hydrogeological conditions and report recommendations were
implemented and satisfied during development work.
All flood protection measures.
All garage/car park/basement car park, driveways and access ramps comply with
Australian Standard AS 2890.1 – “Off-Street car parking.”
All stormwater drainage and storage systems.
All mechanical ventilation systems.
All hydraulic systems.
All structural work.
All acoustic attenuation work.
All waterproofing.
Such further matters as the Principal Certifying Authority may require.
Note: This condition has been imposed to ensure that systems and works as completed meet
development standards as defined by the Act, comply with the BCA, comply with this consent and
so that a public record of works as execute is maintained.
Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as
necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and
relevant Australia Standards. As a minimum WAE plans and certification is required for
stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but
not limited to fire services).
Note: The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed
(“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2
of the BCA upon which the PCA has relied in issuing any Occupation Certificate.
Standard Condition: F7
40
F.2
30 August 2010
Commissioning and Certification of Public Infrastructure Works
The principal contractor or owner builder must submit, to the satisfaction of Woollahra
Municipal Council, certification from a professional engineer that all public
infrastructure works have been executed in compliance with this consent and with
Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated
January 2003.
The certification must be supported by closed circuit television / video inspection
provided on DVD of all stormwater drainage together with Works As Executed
engineering plans and a survey report detailing all finished reduced levels.
F.3
Occupation Certificate (section 109M of the Act)
A person must not commence occupation or use of the whole or any part of a new
building (within the meaning of section 109H (4) of the Act) unless an occupation
certificate has been issued in relation to the building or part.
Note: New building includes an altered portion of, or an extension to, an existing building.
F.4
Street Numbering
The development must be provided with street and sole occupancy unit numbers
determined by Council. This condition has been imposed to ensure that emergency
services, utility services, and the general public are able to clearly and readily locate
any property. Further, this condition has been imposed to protect the integrity of street
numbering and land information.
Note: Applications for the allocation of street and sole occupancy unit numbers should be made together
with any application for a strata certificate or Torrens or community title subdivision certificate.
Council will determine at its discretion in accordance with its policy street numbers and street
addresses that best suit the public interest.
F.5
Letter Box(es)
All letter boxes must be constructed and located in accordance with AS/NZS
4253:1994 Mailboxes and to Australia Post’s satisfaction.
Note: This condition has been imposed to ensure that mail can be delivered to occupiers of the site.
41
G.
30 August 2010
Conditions which must be satisfied prior to the issue of any Subdivision Certificate
G.1 Electricity Substations – Dedication as road and/or easements for access
If an electricity substation, is required on the site the owner must dedicate to the
appropriate energy authority (to its satisfaction), free of cost, an area of land adjoining
the street alignment to enable an electricity substation to be established. The size and
location of the electricity substation is to be in accordance with the requirements of the
appropriate energy authority and Council. The opening of any access doors are not to
intrude onto the public road (footway or road pavement).
Documentary evidence of compliance, including correspondence from the energy
authority is to be provided to the Principal Certifying Authority prior to issue of the
Construction Certificate detailing energy authority requirements.
The Accredited Certifier must be satisfied that the requirements of energy authority
have been met prior to issue of the Construction Certificate.
Where an electricity substation is provided on the site adjoining the road boundary, the
area within which the electricity substation is located must be dedicated as public road.
Where access is required across the site to access an electricity substation an easement
for access across the site from the public place must be created upon the linen plans
burdening the subject site and benefiting the Crown in right of New South Wales and
any Statutory Corporation requiring access to the electricity substation.
Standard Condition: G4
H.
Conditions which must be satisfied prior to the issue of a Final Occupation
Certificate (s109C(1)(c))
H.1 Road Works (including footpaths)
The following works must be completed to the satisfaction of Council, in compliance
with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works”
dated January 2003 unless expressly provided otherwise by these conditions at the
principal contractor’s or owner’s expense:
a)
b)
c)
d)
e)
f)
g)
h)
i)
Stormwater pipes, pits and connections to public stormwater systems within the
road;
Driveways and vehicular crossings within the road;
Removal of redundant driveways and vehicular crossings;
New footpaths within the road;
Relocation of existing power/light pole
relocation/provision of street signs
New or replacement street trees;
New footway verges, where a grass verge exists, the balance of the area between
the footpath and the kerb or site boundary over the full frontage of the proposed
development must be turfed. The grass verge must be constructed to contain a
uniform minimum 75mm of friable growing medium and have a total cover of
turf predominant within the street.
New or reinstated kerb and guttering within the road; and
42
j)
30 August 2010
New or reinstated road surface pavement within the road.
Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until
compliance has been achieved with this condition. An application for refund of security must be
submitted with the Final Occupation Certificate to Council. This form can be downloaded from
Council’s website www.woollahra.nsw.gov.au or obtained from Council’s customer service
centre.
Standard Condition: H13
H.2 Landscaping
All landscape work including all planting must be completed by the principal
contractor or owner in compliance with the approved landscape plan, arborist report,
transplant method statement and tree management plan. The principal contractor or
owner must provide to PCA a works-as-executed landscape plan and certification from
a qualified landscape architect/designer, horticulturist and/or arborist as applicable to
the effect that the works as completed comply with this consent.
Note: This condition has been imposed to ensure that all Landscaping work is completed prior to the
issue of the Final Occupation Certificate.
H.3 Hydraulic Noise Control – Sound Insulation Rating of Services –Unit 7
Clause F5.6:of the Building Code of Australia (Ducts, Hot and Cold Domestic Water,
Stormwater, Soil and Waste Pipes) requires that one sole occupancy unit must be
separated from habitable rooms (other than a kitchen) in any other sole occupancy unit
by a weighted sound reduction index + traffic noise spectrum adaptation term of not
less than 40 if it is adjacent to a habitable room, and 25 if it is adjacent to a wet area
(bathroom, laundry, etc) or kitchen.
H.4 Fulfillment of BASIX commitments – Clause 154B of the Regulation
All BASIX commitments must be effected in accordance with the BASIX Certificate
No. 210825S.
Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A
certifying authority must not issue a final occupation certificate for a BASIX affected building to
which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is
required to monitor has been fulfilled."
I.
Conditions which must be satisfied during the ongoing use of the development
I.1
Noise from mechanical plant and equipment
The noise level measured at any boundary of the site at any time while the mechanical
plant and equipment is operating must not exceed the background noise level. Where
noise sensitive receivers are located within the site, the noise level is measured from the
nearest strata, stratum or community title land and must not exceed background noise
level at any time.
43
30 August 2010
The background noise level is the underlying level present in the ambient noise,
excluding the subject noise source, when extraneous noise is removed.
This condition has been imposed to protect the amenity of the neighbourhood.
Note: Words in this condition have the same meaning as in the:
NSW Industrial Noise Policy (http://www.environment.nsw.gov.au/resources/ind_noise.pdf)
ISBN 0 7313 2715 2, dated January 2000, and
Noise Guide for Local Government (http://www.environment.nsw.gov.au/noise/nglg.htm)
ISBN 1741370671 , dated December 2004.
Standard Condition: I53
I.2
Maintenance of BASIX commitments
All BASIX commitments must be maintained in accordance with the BASIX
Certificate No. 210825S.
Note: This condition affects successors in title with the intent that environmental sustainability measures
must be maintained for the life of development under this consent.
I.3
Annual Fire Safety Statements (Class 1b to 9c buildings inclusive)
Each year, the owner of a building to which an essential fire safety measure is
applicable must provide an annual fire safety statement to Council and the
Commissioner of the NSW Fire Brigades. The annual fire safety statement must be
prominently displayed in the building.
Note: Essential fire safety measure has the same meaning as in clause 165 of the Regulation. Annual
fire safety statement has the same meaning as in clause 175 of the Regulation. Part 9 Division 5
of the Regulation applies in addition to this condition at the date of this consent. Visit Council’s
web site for additional information in relation to fire safety www.woollahra.nsw.gov.au.
J.
Miscellaneous Conditions
Nil.
K.
Advisings
K.1 Dilapidation Report Condition
Please note the following in relation to the condition for a dilapidation report:
a)
b)
c)
d)
The dilapidation report will be made available to affected property owners on
requested and may be used by them in the event of a dispute relating to damage
allegedly due to the carrying out of the development.
This condition cannot prevent neighbouring buildings being damaged by the
carrying out of the development.
Council will not be held responsible for any damage which may be caused to
adjoining buildings as a consequence of the development being carried out.
Council will not become directly involved in disputes between the Developer, its
contractors and the owners of neighbouring buildings.
44
e)
30 August 2010
In the event that access for undertaking the dilapidation survey is denied the
applicant is to demonstrate in writing to the satisfaction of the Council that all
reasonable steps were taken to obtain access to the adjoining property. The
dilapidation report will need to be based on a survey of what can be observed
externally.
Standard Advising: K23
K.2 Pruning or Removing a Tree Growing on Private Property
Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may require that
an application be made to Council prior to pruning or removing any tree. The aim is to
secure the amenity of trees and preserve the existing landscape within our urban
environment.
Before you prune or remove a tree, make sure you read all relevant conditions. You
can obtain a copy of the TPO from Council's website www.woollahra.nsw.gov.au or
you may contact Council on 9391-7000 for further advice.
Standard Condition: K19
K.3 Criminal Offences – Breach of Development Consent & Environmental laws
Failure to comply with this development consent and any condition of this consent is a
criminal offence. Failure to comply with other environmental laws is also a criminal
offence.
Where there is any breach Council may without any further warning:
a)
b)
c)
d)
Issue Penalty Infringement Notices (On-the-spot fines);
Issue notices and orders;
Prosecute any person breaching this consent; and/or
Seek injunctions/orders before the courts to restrain and remedy any breach.
Warnings as to potential maximum penalties
Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million
and/or custodial sentences for serious offences.
Warning as to enforcement and legal costs
Should Council have to take any action to enforced compliance with this consent or
other environmental laws Council’s policy is to seek from the Court appropriate orders
requiring the payments of its costs beyond any penalty or remedy the Court may order.
This consent and this specific advice will be tendered to the Court when seeking costs
orders from the Court where Council is successful in any necessary enforcement action.
Note: The payment of environmental penalty infringement notices does not result in any criminal
offence being recorded. If a penalty infringement notice is challenged in Court and the person is
found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing
Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction
beyond any fine is serious. You can obtain further information from the following web sites:
http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney
General’s www.agd.nsw.gov.au. Standard Advising: K1
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30 August 2010
K.4 Dial before you dig
The principal contractor, owner builder or any person digging may be held financially
responsible by the asset owner should they damage underground pipe or cable
networks. Minimise your risk and Dial 1100 Before You Dig or visit
www.dialbeforeyoudig.com.au.
When you contact Dial Before You Dig, you will be sent details of all Dial Before You
Dig members who have underground assets in the vicinity of your proposed excavation.
K.5 Commonwealth Disability Discrimination Act 1992 (“DDA”)
The Disability Discrimination Act 1992 (DDA) makes it against the law for public
places to be inaccessible to people with a disability. Compliance with this development
consent, Council’s Access DCP and the BCA does not necessarily satisfy compliance
with the DDA.
The DDA applies to existing places as well as places under construction. Existing
places must be modified and be accessible (except where this would involve
"unjustifiable hardship”).
Further detailed advice can be obtained from the Human Rights and Equal Opportunity
Commission (“HEROC”):
a)
b)
http://www.hreoc.gov.au/index.html
http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html
If you have any further questions relating to the application of the DDA you can send
and email to HEROC at [email protected].
K.6 NSW Police Service and Road Closures
The Rose Bay Local Area Command closely aligns with the boundaries of the
Woollahra local government area.
Council and Police approval is required prior to a partial or full temporary road closure.
If you are seeking a partial or full temporary road closure you must comply with the
relevant conditions of this consent and you must also gain the approval of the Traffic
Sergeant, Paddington Police Station, 16 Jersey Road, Paddington. Phone No.:
0283568299 or Fax No.: 0283568211.
Warning: If you partial or full close a road without compliance with Council and Police requirements
Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices
leading to prosecution. Standard Advising: K4
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30 August 2010
K.7 Builders Licences and Owner Builders Permits
Section 81A of the Act requires among other matters that the person having the benefit
of the development consent, if not carrying out the work as an owner-builder, must
appointed a principal contractor for residential building work who must be the holder
of a contractor licence.
Further information can be obtained from the NSW Office of Fair Trading website
about how you obtain an owner builders permit or find a principal contractor (builder):
http://www.dft.nsw.gov.au/building.html .
The Owner(s) must appoint the PCA. The PCA must check that Home Building Act
insurance is in place before the commencement of building work. The Principal
Contractor (Builder) must provide the Owners with a certificate of insurance
evidencing the contract of insurance under the Home Building Act 1989 for the
residential building work.
K.8 Building Standards - Guide to Standards and Tolerances
The PCA does not undertake detailed quality control inspections and the role of the
PCA is primarily to ensure that the development proceeds in accordance with this
consent, Construction Certificates and that the development is fit for occupation in
accordance with its classification under the Building Code of Australia. Critical Stage
Inspections do not provide the level of supervision required to ensure that the minimum
standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN
0 7347 6010 8 are achieved.
The quality of any development is a function of the quality of the principal contractor’s
or owner builder’s supervision of individual contractors and trades on a daily basis
during the development. The PCA does not undertake this role.
The NSW Office of Fair Trading have published a “Guide to Standards and
Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair
Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO
Box 972, Parramatta NSW 2124.
The Guide can be down loaded from:
http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf
Council, as the PCA or otherwise, does not adjudicate building contract disputes
between the principal contractor, contractors and the owner.
K.9 Workcover requirements
The Occupational Health and Safety Act 2000 No 40 and subordinate regulations,
codes of practice and guidelines control and regulate the development industry.
47
30 August 2010
Note: Further information can be obtained from Workcover NSW’s website:
http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office:
Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address:
WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325
4145.
K.10 Asbestos Removal, Repair or Disturbance
Anyone who removes, repairs or disturbs bonded or a friable asbestos material must
hold a current removal licence from Workcover NSW.
Before starting work, a work site-specific permit approving each asbestos project must
be obtained from Workcover NSW. A permit will not be granted without a current
Workcover licence.
All removal, repair or disturbance of or to asbestos material must comply with:
a)
b)
c)
d)
e)
The Occupational Health and Safety Act 2000;
The Occupational Health and Safety Regulation 2001;
The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)];
The Guide to the Control of Asbestos Hazards in Buildings and Structures
[NOHSC: 3002 (1998)] http://www.nohsc.gov.au/ ];
The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors.
Note: The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of
Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational
Health and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety
Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the
minimum standards for asbestos removal work. Council does not control or regulate the
Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of
the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW’s offices for
further advice.
K.11 Lead Paint
It is beyond the scope of this consent to provide detailed information about dealing with
lead paint. Painters working in an area containing lead-based paint should refer to
Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial
Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and
Commercial Buildings.
Industrial paints, may contain lead. Lead is used in some specialised sign-writing and
artist paints, and road marking paints, and anti-corrosive paints. Lead was a major
ingredient in commercial and residential paints from the late 1800s to 1970. Most
Australian commercial buildings and residential homes built before 1970 contain lead
paint. These paints were used both inside and outside buildings.
48
30 August 2010
Lead hazards - Lead particles are released when old lead paint flakes and peels and
collects as dust in ceiling, wall and floor voids. If dust is generated it must be
contained. If runoff contains lead particles it must be contained. Lead is extremely
hazardous, and stripping of lead-based paint and the disposal of contaminated waste
must be carried out with all care. Lead is a cumulative poison and even small levels in
the body can have severe effects.
K.12 Decommissioning of fire protection systems
Decommissioning of any Halon extinguishers and fixed flooding systems must be
carried out by a technician authorised under the Ozone Protection Act 1989.
Yellow portable fire extinguishers contain halon. From 31 December 1995, use or
possession of these extinguishers without approval has been illegal.
K.13 Release of Security
An application must be made to Council by the person who paid the security for release
of the securities held under section 80A of the Act.
The securities will not be released until a Final Occupation Certificate has lodged with
Council, Council has inspected the site and Council is satisfied that the public works
have been carried out to Council’s requirements. Council may use part or all of the
security to complete the works to its satisfaction if the works do not meet Council’s
requirements.
Council will only release the security upon being satisfied that all damage or all works,
the purpose for which the security has been held have been remedied or completed to
Council’s satisfaction as the case may be. Council may retain a portion of the security
to remedy any defects in any such public work that arise within 6 months after the work
is completed.
Upon completion of each section of road, drainage and landscape work to Council's
satisfaction, 90% of the Bond monies held by Council for these works will be released
upon application. 10% may be retained by Council for a further 6 month period and
may be used by Council to repair or rectify any defects or temporary works during the 6
month period.
Note: The Application for Refund of Security form can be downloaded from
http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf
K.14 Recycling of Demolition and Building Material
It is estimated that building waste, including disposable materials, resulting from
demolition, excavation, construction and renovation, accounts for almost 70% of
landfill. Such waste is also a problem in the generation of dust and the pollution of
stormwater. Council encourages the recycling of demolition and building materials.
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30 August 2010
K.15 Model
If you submitted a model with the application it must be collected from the Council
offices within fourteen (14) days of the date of this determination. Models not
collected will be disposed of by Council.
Annexure:
Development Assessment Report submitted to the Development Control
Committee at its meeting on Monday 16 August 2010.
50
DEVELOPMENT CONTROL
COMMITTEE
Meeting held on 30 August 2010
Item No.
D3
MEMO TO ALL COUNCILLORS
File No.
DA 32/2007/4
Address
27 Chamberlain Avenue ROSE BAY 2029
Proposal
Internal and external modifications.
Date lodged
21/04/2010
Author
MS L BAROUKH – ASSESSMENT OFFICER
Please note that Item D3 was called at the Application Assessment Panel meeting held on 17 August 2010
by Councillors Boskovitz & Young.
Reason for Councillor Boskovitz calling item:
-
view loss as a result of the flagpole
other objectors concerns
loss of amenity for adjoining residents as a result of continual amendments and alterations to the
original plans
Reason for Councillor Young calling item:
-
specifically want to raise that the matter concerning the front (western) balustrade which is heavily
bolded under "B" should also appear as a bulleted condition under C1 of "A" of the
Recommendation.
Referred to you for action.
Les Windle
Manager - Governance
Annexure:
Application Assessment Report Dated: 17 August 2010
H:\Development Control Committee\AGENDAS\2010\Working Agenda\D3 memo.doc
DA 32/2007/4
27 Chamberlain Avenue ROSE BAY
Application Assessment Panel
17 August 2010
SECTION 96 APPLICATION ASSESSMENT REPORT
ITEM No.
D3
FILE No.
DA 32/2007/4
PROPERTY DETAILS
Lot & DP No.:
Side of Street:
Site Area (m²):
Zoning:
LOT: 9 SEC: C DP: 6048
Eastern
704.8m²
Residential 2(a)
EXISTING CONSENT:
Alterations and additions to the existing dwelling house
TYPE OF CONSENT:
Local Development
DATE OF CONSENT:
10 September 2007
PROPOSED
MODIFICATION:
DATE S96 LODGED:
Internal and external modifications
CONSENT AUTHORITY:
Council
APPLICANT:
Mr R Wassef
OWNER:
Consul General Of The Arab Republic Of Egypt
AUTHOR:
Ms L Baroukh
21/04/2010
1
DA 32/2007/4
17 August 2010
subject site
objectors
north
1.
SUMMARY
Reason for report
• Objector’s concerns
Issues
• Views
• Unauthorised works
Objections
The subject section 96 proposal was notified in accordance with Council’s Advertising and
Notifications DCP. Submissions were received from two (2) neighbouring properties.
Recommendation
The Section 96 application is recommended for conditional approval because it:1.
2.
is substantially the same development; and
satisfies the objectives of the relevant planning standards contained in WLEP 1995 and
WRDCP 2003
2
DA 32/2007/4
2.
17 August 2010
DESCRIPTION OF APPROVED PROPOSAL
The approved development involves the following works: •
•
•
minor works to the existing basement level including a new pedestrian entrance, staircase,
lobby and garage modifications
wall modifications to the lower ground floor level to establish a maid and guard’s room, the
relocation of the laundry and bathroom and the deletion of one bedroom
the removal of several walls within the ground floor to incorporate combined living spaces
and the deletion of bedroom 1
a new staircase and the deletion of the covered terrace at the front of the ground floor level
a new first floor level comprising three bedrooms, a sitting room and front and rear terraces
3.
PREVIOUS APPROVED MODIFICATIONS
•
•
DA 32/2007/2 was approved on 1 April 2008 by the Application Assessment Panel and involved
the following works:
•
reconfiguration of the parking and entrance foyer arrangements within the garage/basement
level including the deletion of one driveway and vehicle crossover
•
the rearrangement of two access stairways connecting the western terraces at the front of the
lower ground and ground floor levels
•
the establishment of an internal staircase within the lower ground floor level
•
the enclosure of the south eastern corner of the lower ground floor level as per the existing
layout of the building and prior to the original approval and the inclusion of a new bathroom
•
the deletion of the existing awning over the front terrace on the ground floor level and its
replacement with a solid vergola
•
minor modification to the roof over the front terrace within the first floor level
•
the addition of three windows to the northern elevation of the first floor level comprising
obscure blocks
•
the addition of a window to the rear elevation of the first floor level allowing light to the
staircase
•
various internal room reconfigurations
DA 32/2007/3 was approved on 30 September 2009 under Delegated Authority and involved the
following works:
•
Basement level
-
•
Extension of masonry wall to enclose existing staircase
Lower ground floor level
-
Replacement of previously existing angled wall
Storage of air conditioning equipment in existing undercroft space
Reconfiguration of toilet to provide access to undercroft space
New external door to provide access to undercroft space
Reconfiguration of guards bathroom
Reconfiguration of existing service entry
Swimming pool fencing and screens to existing rear windows
Relocation of swimming pool equipment
3
DA 32/2007/4
•
Ground floor level
-
•
Privacy screen to existing external stair
Replacement of sliding doors to east and west elevations with stacked sliding doors
Reconfiguration of kitchen layout
Adjustment of size and location of kitchen windows
Timber retaining wall to north-east garden area
Top floor level
-
4.
17 August 2010
Reconfiguration of bathroom wall.
DESCRIPTION OF PROPOSED MODIFICATIONS
The Section 96 proposal involves the following modifications:
•
Installation of flag pole in the north western part of the site.
•
Obscure glazing to privacy screens on the north and south elevation of the front terrace.
•
Deletion of privacy screen to external stair.
•
Installation of sun shades to windows on the northern and eastern elevations.
•
Alterations to front façade including tiling, new security gate and electricity and gas meter
recess.
•
Reconfiguration of landscaped area in the northern part of the site.
The Section 96 proposal incorporates the following unauthorised works:
•
Masonry balustrade in lieu of the approved glass balustrade to external stair.
•
Masonry front (western) balustrade to a height of 1m, in lieu of the approved 0.8m masonry
balustrade with 0.2m open balustrade atop.
The plans and elevations are attached as Annexure 1.
5.
DESCRIPTION OF SITE OF LOCALITY
Subject site
Objectors
North
4
DA 32/2007/4
Physical
features
Topography
17 August 2010
THE SITE AND LOCALITY
The subject site is located on the eastern side of Chamberlain Avenue. The site is rectangular in
shape, with a western frontage to Chamberlain Avenue and eastern (rear) boundary 15.24m in
length and side boundaries 46.25m in length. The total site area is 704.8m².
The site rises from the front boundary towards the middle of the site by approximately 6.0m. This
is accommodated via the establishment of a retaining wall to the street frontage. It falls from the
middle of the property to the rear boundary again by approximately 2.2m.
Existing
buildings and
structures
The approved dwelling is currently under constructuion.
Environment
The surrounding streetscape is characterised by a variety of one, two and three-storey dwelling
houses on medium sized allotments.
6.
PROPERTY HISTORY
See ‘Section 3 – Previous Approved Modifications” for details.
7.
REFERRALS
No referrals required.
ASSESSMENT UNDER SECTION 96
8.
Assessment Under S96
8.1
S96 (2) Other modifications
The proposed modifications will impact on the amenity of adjoining property owners and the
environment. The degree and merits of the impact will be discussed under the relevant heads of
consideration below. Accordingly, the proposal falls under the ambit of Section 96(2).
8.2 Substantially the same development
The development consent as proposed to be modified is considered to be substantially the same
development as that for which consent was originally granted. This opinion is based on the fact that
the modifications are relatively minor when compared to the scope of the approved alterations and
additions to the existing dwelling-house.
8.3
S96 (2) (b) Consultation with Minister, public authority or approval body
Not applicable.
8.4
Threatened species
Not applicable.
ENVIRONMENTAL ASSESSMENT UNDER S.79C
The relevant matters for consideration under section 79C of the Environmental Planning and
Assessment Act 1979 are assessed under the following headings:
5
DA 32/2007/4
17 August 2010
9.
RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION
9.1
SEPPs
SEPP 55 - Remediation of Land
Under Clause 7(1)(a) of SEPP 55 – Remediation of Land, consideration has been given as to
whether the land is contaminated. An assessment of the initial site evaluation provided by the
applicant indicates the land does not require further consideration under Clause 7(1)(b) and (c) of
SEPP 55.
SEPP (Building Sustainability Index: BASIX) 2004
SEPP (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The
Section 96 application (DA 32/2007/2) was accompanied by revised BASIX Certificate No.
A26838 committing to environmental sustainability measures.
The extent and scope of the proposed modifications are such that the need for an updated BASIX is
not required.
9.2
REPs
Sydney Regional Environmental Plan
The land is within the Sydney Harbour Catchment, but is outside the Foreshores and Waterways
Area. There are therefore no specific matters for consideration in relation to this development
application.
9.3
Section 94 contribution
Not applicable.
9.4
Other relevant legislation
No other legislation is applicable to this application.
10.
WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995
10.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5))
The proposal is permissible and is consistent with the aims and objectives of the LEP and the
relevant objectives of the Residential 2(a) zone.
10.2 Statutory compliance table
Site Area: 704.8m²
Overall Height
Approved
Development
Proposed
Modification
Control
Complies
12.6m
9.4m
9.5m
YES
6
DA 32/2007/4
17 August 2010
10.3 Height
Under the provisions of Clause 12 of the WLEP 1995, a maximum height control of 9.5m applies to
the subject site. With a maximum height of 9.4m the proposed modifications would accord with
Council’s statutory height requirement. Furthermore, the proposed modifications are considered to
uphold the objectives underlying the height standard contained in Clause 12AA of the WLEP 1995.
10.4 Other special clauses/development standards
Clause 18 Excavation of land: The section 96 proposal is acceptable in terms of Clause 18.
Clause 25 Water, wastewater and stormwater: The section 96 proposal is acceptable in terms of
Clause 25(1) and (2).
Clause 25D Acid Sulfate Soils: The proposed works do not require the need for an assessment of
acid sulfate soils under clause 25D of Woollahra LEP 1995.
11.
DEVELOPMENT CONTROL PLANS
11.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003
Site Area (704.8m²)
Existing
Proposed
Control
Complies
-
5.2m
41.8m
2.9m
12m
3.6m
1.5m
3m
3m
NO
YES
NO
YES
Ancillary Development (Flagpole)
Maximum Height
Rear Setback (east)
Side Setback (north)
Side Setback (south)
Site analysis performance criteria (Part 3)
Adequate site analysis documentation has been provided and the development is satisfactory with
regard to its relationship with the neighbourhood and the street.
Desired future precinct character objectives and performance criteria (Part 4)
The subject site is located in the Rose Bay precinct. The proposed modifications are considered to
be satisfactory with regard to the relevant objectives and performance criteria stipulated under Part
4 of WRDCP 2003.
Streetscape performance criteria (Part 5.1)
The proposed modifications are considered to be satisfactory with regard to the relevant objectives
and performance criteria stipulated under Part 5.1 of WRDCP 2003.
Building size and location performance criteria (Part 5.2)
Ancillary Development - Flag pole
C5.2.4 stipulates that ancillary development to a maximum height of 3.6 meters may be permitted
within the area designated as the rear setback if all other policy controls are satisfied. A minimum
1.5m rear setback applies. C5.2.5 requires a side boundary setback of 1.5m increased on a pro rata
basis by 0.5m for each metre of part thereof the building height adjacent to the boundary exceeds
3m.
7
DA 32/2007/4
17 August 2010
The owner of No.29 Chamberlain Avenue has objected to the proposed flag pole. The flag pole is
proposed to be sited in the front yard (terrace). The proposed flag pole, being 5.2m in height and
setback 2.9m from the northern side boundary and 12m from the southern side boundary, involves
non-compliances with the height and side setback control for ancillary development. The noncompliance with the height control is considered to be satisfactory as the flagpole does not result in
a significant impact on the sharing of views, privacy and sunlight access for neighbouring residents.
In order to achieve compliance with the setback control for ancillary development, the flagpole is to
be setback 3m from the northern side boundary in accordance with C5.2.5 of WRDCP 2003
(subject to Part A of the Recommendation). No adequate justification for the setback breach was
provided by the applicant.
Sunshades
C5.2.6 stipulates that when the distance to the side boundary is not less than 1.5m, screens or
sunblinds may encroach beyond the side setbacks without restriction. Encroachments are not
permitted where significant views and vistas will, in the Council’s opinion, be detrimentally
affected.
The sunshades are proposed to be fixed to three windows on the northern elevation and one window
on the eastern elevation. The dwelling is setback a minimum of 1.5m from the side boundary. The
proposed sunshades have a depth of 0.3-0.4m and are permitted beyond the side setback without
restriction. It is considered that the proposed sunshades will not have an impact on views and
sunlight access enjoyed by the adjoining properties and are therefore acceptable.
Balustrade
The owner of No.25 Chamberlain Avenue has objected to the masonry balustrade to the staircase.
When compared with the approved 1.9m high solid privacy screen to the staircase, it is considered
that the masonry balustrade (which has a maximum height of 1.2m) results in a reduced impact on
the amenity of the adjoining property. The masonry balustrade, coupled with the deletion of the
1.9m high privacy screen to the stair, is considered to be satisfactory with regard to the amenity of
the streetscape and the adjoining property.
Views performance criteria (Part 5.5)
The provisions of Part 5.5 of WRDCP 2003 require the protection and enhancement of public views
and to encourage view sharing as a means of ensuring equitable access to views from private
dwellings.
The owner of No.25 Chamberlain Avenue has objected to the proposal on the grounds of view loss,
resulting from the unauthorised increase in the height of the brick parapet on the western elevation
to 1m. The wall was approved to an overall height of 1m (0.8m solid masonry brick wall and 0.2m
open balustrade).
Private Views
Objective O5.5.2 encourages ‘view sharing as a means of ensuring equitable access to views from
dwellings’ and C5.5.6 requires that new ‘building forms enable a sharing of views with surrounding
residences, particularly from the main habitable rooms of surrounding residences.’
8
DA 32/2007/4
17 August 2010
The principles of view sharing set out by the Land and Environment Court in Tenacity Consulting v
Warringah Council [2004] NSWLEC 140 pars 23-33. The court adopted a four step assessment
view sharing.
The steps are as follows:
1. The assessment of the views affected
2. Consideration from what part of the property views are obtained
3. The extent of the impact; and
4. The reasonableness of the proposal that is causing the impact
1. What views will be affected?
The Court said: "The first step is the assessment of views to be affected. Water views are valued
more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North
Head) are valued more highly than views without icons. Whole views are valued more highly than
partial views, e.g. a water view in which the interface between land and water is visible is more
valuable than one in which it is obscured."
No.25 Chamberlain Avenue benefits from a partial water view of Sydney Harbour and the interface
between land and water is visible from the front (western) balcony. The view is partially obstructed
by trees and the roofs of surrounding dwellings. The view does not include any iconic elements and
would be described as a partial view. The property benefits from a water view from the living room
and this would be described as a partial view as it is obscured by a column on the balcony and the
surrounding trees.
Given that the balustrade has already been constructed 200mm higher than originally approved, an
assessment of the previous view was conducted by standing on 2 bricks, which approximates the
height increase of the balustrade.
2. From what part of the property are views obtained?
The Court said: "The second step is to consider from what part of the property the views are
obtained. For example, the protection of views across side boundaries is more difficult than the
protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a
standing or sitting position may also be relevant. Sitting views are more difficult to protect than
standing views. The expectation to retain side views and sitting views is often unrealistic."
This principle is consistent with the provisions of control C5.5.6 of WRDCP. This control places
greater weight on views enjoyed from the main habitable rooms of surrounding residences, because
these are places where people tend to spend much of the waking hours.
The view in question is primarily obtained when standing on the front (western) balcony, which is
located at ground floor level. The view is also visible from the living room, which is accessible
from the balcony. This view is given greater weight as it is obtained from a habitable room, which
is frequently used by the residents of the dwelling.
The works do not have an impact on the views from the first floor level of the dwelling.
9
DA 32/2007/4
17 August 2010
View from balcony
View from living room
10
DA 32/2007/4
17 August 2010
3. What is the extent of the impact?
The Court said: "The third step is to assess the extent of the impact. This should be done for the
whole of the property, not just for the view that is affected. The impact on views from living areas is
more significant than from bedrooms or service areas (though views from kitchens are highly
valued because people spend so much time in them). The impact may be assessed quantitatively, but
in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20%
if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss
qualitatively as negligible, minor, moderate, severe or devastating."
The increase in the height of the balustrade involves some view loss from part of the first floor
balcony. When standing on the northern side of the balcony, a significant part of the water view is
obscured whilst the view of the landscape in the background is maintained. When standing in the
central part of the balcony the water view is maintained.
From the living room, the water view is entirely obscured as shown in the photo below. The view
loss from the balcony and living room would be described as moderate. The view loss when
assessed for the whole of the property would be described as minor, given that views from the other
parts of the property are not affected.
Obscured view from the
balcony
11
DA 32/2007/4
17 August 2010
Obscured view from the
living room
4. What is the reasonableness of the proposal that is causing the impact?
The Court said: "The fourth step is to assess the reasonableness of the proposal that is causing the
impact. A development that complies with all planning controls would be considered more
reasonable than one that breaches them. Where an impact on views arises as a result of noncompliance with one or more planning controls, even a moderate impact may be considered
unreasonable. With a complying proposal, the question should be asked whether a more skilful
design could provide the applicant with the same development potential and amenity and reduce the
impact on the views of neighbours. If the answer to that question is no, then the view impact of a
complying development would probably be considered acceptable and the view sharing
reasonable."
The Court poses two questions in Tenacity Consulting v Warringah (2004) NSWLEC 140
(paragraphs 23-33). The first question relates to whether a non-compliance with one or more
planning controls results in view loss. The second question posed by the Court relates to whether a
more skilful design could provide the same development potential whilst reducing the impact on
views.
The proposal involves increasing the height of the solid masonry balustrade from 0.8m to a height
of 1m. This is inconsistent with the approved balustrade which is solid to a height of 0.8m, with an
open balustrade atop (0.2m) to a maximum height of 1m. It is considered that reducing the height of
the solid wall to 0.8m with a glass balustrade atop, would reduce the impact of the balustrade on the
views from the neighbouring property. Subject to Part B of the Recommendation requiring
modification of the front balustrade, it is considered to be satisfactory with regard to the relevant
objectives and performance criteria stipulated under Part 5.5 of WRDCP 2003.
12
DA 32/2007/4
17 August 2010
Energy efficiency performance criteria (Part 5.6)
Acoustic and visual privacy performance criteria (Part 5.8)
Privacy screens to front terrace
The owner of No.29 Chamberlain Avenue has objected to the proposal on the grounds of loss of
privacy as a result of change of material of the fixed privacy screen on the northern elevation to
frosted glass.
Condition C.1 of DA 32/2007/2 required the following:
“the introduction of a fixed privacy screen, to a minimum height of 1.7m, on the northern and
southern elevations of the front terrace on the first floor level”
An obscure glazed privacy screen has been provided to the northern and southern elevations of the
front terrace on the first floor level to a height of 1.7m. It is considered that the privacy screen is
consistent with DA 32/2007/2 and addresses the privacy impacts on No.29 Chamberlain Avenue.
Privacy screen to staircase
The proposed modifications involve the deletion of the privacy screen to the staircase which was
approved under 32/2007/3. The external staircase functions as a thoroughfare and does not create
any significant opportunities for loitering. As such, the deletion of the privacy screen will not result
in any unsatisfactory impacts on the privacy of No.25 Chamberlain Avenue.
Given that the owner of No.25 Chamberlain Avenue has objected to the bulk of the masonry
staircase, it is considered that the approved 1.9m high solid privacy screen would only further
increase the bulk of the staircase and result in an adverse impact on the amenity on the streetscape
and the adjoining properties.
The deletion of the privacy screen to the staircase will reduce the sense of bulk and sense of
enclosure created by the staircase, while maintaining an acceptable privacy outcome for No.25
Chamberlain Avenue. As such, the proposed modifications are considered to be satisfactory with
regard to the relevant objectives and performance criteria stipulated under Part 5.8 of WRDCP
2003.
12.
APPLICABLE REGULATIONS
None relevant.
13.
Unauthorised Works
The subject S96 Application involves the following unauthorised modifications to the consent:
• Masonry balustrade in lieu of the approved glass balustrade to external stair.
• Masonry front (western) balustrade to a height of 1m, in lieu of the approved 0.8m masonry
balustrade with 0.2m open balustrade atop.
Council has discretion in deciding whether to take enforcement action on the basis of the available
evidence and the circumstances of the individual case. At the conclusion of an investigation,
Council may have one or more of the following options;
13
DA 32/2007/4
17 August 2010
• Take no action;
• Counsel the alleged offender;
• Issue a formal letter of warning;
• Commence criminal proceedings; and
• Commence civil proceedings.
With regard to disciplinary action, Part C of the recommendation facilitates the referral of the
matter to Council's Manager-Compliance to take appropriate action under Part 6 of the
Environmental Planning and Assessment Act 1979.
Legal advice has been received advising that Council is able to grant retrospective approval to
Section 96 applications involving unauthorised work where such work is acceptable on merit and
are substantially the same as the original development consent. It is considered that the
unauthorised works, as recommended to be modified by Part B of the recommendation, satisfy both
considerations and therefore it is recommended that Council approve the works retrospectively
subject to the terms prescribed under Part B of the recommendation.
14.
THE SUITABILITY OF THE SITE
The site is considered to be suitable for the proposed development, subject to conditions.
15.
SUBMISSIONS
The proposal was advertised and notified in accordance with Council’s Advertising and
Notifications DCP. 2 submissions were received from:
•
•
Edith and Shanthi Wimalaratna, 29 Chamberlain Avenue, Rose Bay
Charles and Sylvia Enfield, 25 Chamberlain Avenue, Rose Bay
The objections raised the following issues:
• Masonry balustrade to stair
This issue is addressed within the building size and location performance criteria section of the
report.
• Loss of views
This issue is addressed within the views performance criteria section of the report.
• Sense of enclosure
report.
• Location of flag pole
report.
• Loss of privacy
This issue is addressed within the acoustic and visual privacy section of the report.
14
DA 32/2007/4
16.
17 August 2010
DISCLOSURE STATEMENTS
Under S.147 of the Environmental Planning and Assessment Act, 1979 there have been no
disclosure statements regarding political donations or gifts made to any councillor or gifts made to
any council employee submitted with this development application by either the applicant or any
person who made a submission.
17.
CONCLUSION - THE PUBLIC INTEREST
The proposal is acceptable against the relevant considerations under s96 and s79C.
18.
RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and
Assessment Act, 1979
A.
THAT Council, as the consent authority, modify development consent to Development
Application No. 32/2007 part 4 for internal and external modifications on land at 27
Chamberlain Avenue Rose Bay, in the following manner:
The addition of the following condition:
A.3(c) Approved Amended (s96) Plans and supporting documents
Those acting upon or under this amended consent must carry out all work and maintain the
use and works in accordance with the approved plans and supporting documents listed in the
original consent, as amended by the amended approved plans and supporting documents as
submitted by the Applicant and to which is affixed a Council stamp “Approved Section 96
Plans” listed below otherwise than modified by further condition(s). Where the plans relate to
amendments, alterations or additions only those works shown in colour or highlighted are
approved.
Reference
Description
Author/Drawn
Date(s)
Drawing No’s:
S-96-01, S-96-02
Architectural Plans
S & S Malik Architects Pty Ltd
15 April 2010
Note: These plans and supporting documentation may be subject to conditions modifying the development
imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue
of any Construction Certificate.)
The modification of the following condition:
The approved plans must be amended and the Construction Certificate plans and
specification, required to be submitted to the Certifying Authority pursuant to clause 139 of
the Regulation, must detail: •
the existing timber decking between the rear boundary and swimming pool is to be
replaced with a deep soil landscaped strip and planted with 2 x Elaeocarpus reticulatus’
(Blueberry Ash). A revised landscape plan is to reflect this requirement
15
DA 32/2007/4
•
•
•
•
•
17 August 2010
the introduction of a fixed privacy screen, to a minimum height of 1.7m, on the northern
and southern elevations of the front terrace on the first floor level
the RL of the proposed dwelling (including roof overhangs, eaves upturns) to not
exceed 69.27
the staircase on the southern side of the front terrace on the ground floor level is to be
designed in accordance with the Building Code of Australia but is not to incorporate any
landing within the staircase
the window to the ensuite in the south eastern corner of the lower ground floor level is
to have a minimum sill height of 1.7m
The flagpole is to be setback 3m from the northern side boundary in accordance
with C5.2.5 of WRDCP 2003.
Note: The effect of this condition is that it requires design changes and/or further information to be provided
with the Construction Certificate drawings and specifications to address specific issues identified during
assessment under section 79C of the Act.
Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition
unless the Certifying Authority is satisfied that the condition has been complied with.
Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with
this consent.
B.
THAT, as the unauthorised works as recommended to be modified, are considered to be
satisfactory with regard to the relevant objectives and controls of Woollahra Local
Environmental Plan 1995 and Woollahra Residential Control Plan 2003, Council take no
action to require these works to be removed subject to the owners making an application for,
and Council issuing, a building certificate under Section 149A-149G of Environmental
Planning and Assessment Act 1979 for the works.
The required building certificate application is to be submitted to Council following the
completion of the following modifications to the front balustrade (masonry wall):•
The front (western) balustrade shown on the Lower Ground Floor plan is to have a
maximum overall height of 1m; the balustrade is to be solid masonry to a
maximum height of 0.8m with a transparent glass panel atop with a maximum
height of 0.2m
The required building certificate application is to be submitted to Council within 28 days and
is to be accompanied by the following:
•
•
•
C.
Full works as executed plans, duly coloured showing the works that have been
undertaken without Council consent;
Α certificate from a practising structural engineer certifying the structural adequacy of
the works that have been undertaken without Council consent; and
Α survey report prepared by a registered surveyor, documenting the level and location
of the works relative to the boundaries of the site.
THAT this matter be referred to the Manager – Compliance to take appropriate action under
Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s
Policy on Unauthorised Uses, Buildings and Works for failure to obtain Council’s consent
prior to carrying out the unauthorised works.
16
DA 32/2007/4
Ms L Baroukh
ASSESSMENT OFFICER
17 August 2010
Mr N Economou
TEAM LEADER
ANNEXURES Plans and elevations
17
DA 59/2010/1
12 Dover Road ROSE BAY
Woollahra Council Development Control Committee
30 August 2010
DEVELOPMENT APPLICATION ASSESSMENT REPORT
ITEM No.
D4
FILE No.
DA 59/2010/1
PROPERTY DETAILS:
Section of Dover Road footway adjacent to 12 Dover Road, Rose
Bay
PROPOSAL:
Footway restaurant consisting of nine (9) tables and eighteen (18)
chairs
TYPE OF CONSENT:
Local development
OWNER:
Woollahra Council
APPLICANT:
Peter Zaverdinos
DATE LODGED:
19/02/2010
AUTHOR:
Mr D Barber
DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION?
1.
YES
NO
RECOMMENDATION PRECIS
The application is recommended for conditional approval.
2.
LOCALITY PLAN
Subject
Site
Objectors
North
In addition submissions were received from:
Silvia Paris - 6 Gilliver Avenue, Vaucluse
Cameron Hoy - 37 Robert Street, Rose Bay
George Cotsios - 7 Kings Road, Vaucluse
Locality Plan
1
DA 59/2010/1
3.
30 August 2010
DESCRIPTION OF PROPOSAL
The proposal involves the following:
•
•
•
Footway restaurant consisting of nine (9) tables and eighteen (18) chairs on a section of the
Dover Road footway adjacent to the restaurant ‘Deli’ at 12 Dover Road, Rose Bay
Seating safety barriers
A-frame signage
Note: Condition No 6(a) of the recommendation requires the deletion of seven (7) tables and fourteen (14) chairs;
specifically being the deletion of the four tables and eight chairs to south of the footpath, the two tables and four chairs
to the eastern end side of the shop frontage and the one table and two chairs to the western most side of the shop
frontage. Condition No 6(b) of the recommendation requires the deletion of the proposed A-frame sign and safety
barriers on the pedestrian footpath.
4.
SUMMARY
Reasons for report
The DA does not satisfy the criteria for
determination under staff delegation.
5.
Issues
• Pedestrian access
Submissions
Eight (8) submissions were
received.
ESTIMATED COST OF WORKS
The applicant’s estimated cost of the proposed development at $3,000.00 has been checked using
Council’s adopted practice and is considered to be accurate.
2
DA 59/2010/1
6.
30 August 2010
2/809-823 New South Head Road, Rose Bay
Subject site
Europan - 10A Dover Road, Rose Bay
The Bay Boutique -10C Dover Road, Rose Bay
Physical features
Topography
Existing buildings
and structures
Environment
7.
In addition submissions were received from:
• 6 Gilliver Avenue, Vaucluse
• 37 Robert Street, Rose Bay
• 7 Kings Road, Vaucluse
The subject section of footway is located on the northern side of Dover Road. Located within the
subject section of footway is a bus stop bench and post office bay.
The subject site is flat in nature.
The adjacent property associated with the proposal is a single storey building containing a Deli.
There are a mix of ground floor retail and commercial premises and low and high rise residential
flat buildings.
PROPERTY HISTORY
Current use
Previous relevant applications
Pre-DA
Requests for additional information
Amended plans/
Replacement Application
PROPERTY HISTORY
Unzoned (footpath) adjacent to a building accommodating a café “deli’ on
the ground floor level.
Development Application No 603/2005/1 for a footway restaurant
consisting of 4 tables & 16 chairs was approved by Council on 27 April
2006, subject to Condition No 8 requiring the number of tables not to
exceed three with four chairs per table (maximum of 12 chairs).
Development Application No 521/2009/1 for a footway restaurant
consisting of 2 tables and 4 chairs adjacent to 14 Dover Road was approved
by Council on 9 December 2009.
None.
On 1 March 2010, the following information was requested by Council’s
Environmental Health Officer:
• Further information regarding the total number of people to be
accommodated on the premises in order to calculate the number of
sanitary facilities required on the premises
None.
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DA 59/2010/1
30 August 2010
Land & Environment Court appeal
None.
8.
REFERRALS
8.1
The following table contains particulars of internal referrals.
Referral Officer
Environmental Health
Fire Safety
8.2
INTERNAL REFERRALS
Comment
Council’s Environmental Health Officer has commented on the
proposal and recommended approval, subject to conditions.
Council’s Fire Safety Officer has commented on the proposal
and recommended approval.
Annexure
2
3
The following table contains particulars of external referrals.
No external referrals required.
9.
STATE/REGIONAL INSTRUMENTS AND LEGISLATION
9.1
SEPPs
SEPP 22 – Shops and Commercial Premises in Commercial Zones
The proposal is considered to be satisfactory with regard to the relevant objectives under Clause 3
and the relevant provisions under Clause 6 of the Plan.
9.2
REPs
SREP (Sydney Harbour Catchment) 2005
The provisions of Clauses 25 and 26 of this instrument require Council to consider the visual impact
that a development proposal will have upon Sydney Harbour and adjoining foreshore areas and the
likely impact upon available views to and from Sydney Harbour.
The proposed footway restaurant will not be visible from Sydney Harbour and adjacent foreshore
areas nor obstruct any views to and from Sydney Harbour and as such, is considered to be
satisfactory with regard to the provisions of SREP.
9.3
Section 94 contribution
Not applicable due to the cost of works.
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DA 59/2010/1
10.
30 August 2010
The proposal is permissible and subject to Conditions, is consistent with the aims and objectives of
the LEP and the adjoining General Business 3(a) zone.
Clause 16 - Development of land uncoloured on the land use map: The section of footway on
which the proposed footway restaurant is to be situated on is part of the uncoloured section of the
land use map associated with Woollahra LEP 1995. The provisions of Clause 16 requires the
development to be compatible with the nature of development permissible on neighbouring land
(Business General 3 (a) zone) and is to be consistent with the objectives of Woollahra LEP 1995
and the objectives of the adjoining zone.
Subject to Conditions, the proposed footway restaurant is compatible with the uses that are
permissible within the neighbouring Business General zone including restaurants, shops and mixed
developments. Further, the proposal is consistent with the aims and objectives of the LEP and the
adjoining Business General 3 (a) zone.
Clause 19 - HFSPA: These provisions require the consideration of the visual impact of
development upon Sydney Harbour and adjacent foreshore areas. The proposed footway restaurant
will not be visible from Sydney Harbour and adjacent foreshore areas and therefore will not have
any visual impact upon Sydney Harbour or the foreshore areas.
Clauses 27 - Development in the vicinity of heritage items: Clause 27 requires Council to
consider the likely impact of a proposed development upon the heritage significance of any
adjoining heritage item.
The subject premise is in the vicinity (approximately 21m) of the heritage listed Rose Bay Hotel
(805-807 New South Head Road). Council's Heritage Officer has raised no objection to the proposal
on heritage grounds. Accordingly, the proposal will not have any adverse impact upon the heritage
significance of the Rose Bay Hotel and is considered to be acceptable with regard to Clause 27 of
WLEP 1995.
11.
DRAFT AMENDMENTS TO STATUTORY CONTROLS
None relevant.
12.
12.1 Rose Bay Centre DCP
Urban structure – objectives
The subject site is located within the Core Area of the Rose Bay Centre.
Objective (ii) of Part 3.2.4 aims to improve pedestrian amenity throughout the Centre. Subject to
Condition No 6, the proposed outdoor seating is considered satisfactory with the above mentioned
objective for the following reasons:
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•
•
•
•
30 August 2010
The proposed location of the footpath restaurant is satisfactory in terms of amenity for
patrons
Adequate pedestrian access is provided
The proposal is considered satisfactory with regard to the provisions of Council's Footway
License Policy and Procedures
The proposal provides for adequate access including for persons with disabilities both to the
outdoor eating area and for the general public and complies with the provisions of the
Woollahra Access DCP
Street character strategies
The subject site is located within the Dover Road street section under Part 4.4. The strategy for the
Dover Road street section aims to create a distinctive framed urban shopping street, defined by
retail frontage at street level, with buildings above set back on terraces above, to improve visibility
to the Rose Bay Hotel. The proposed outdoor seating is considered to be satisfactory with regard to
this strategy.
Signage and adverting
Part 6.3.9 stipulates advertising signs are not permitted on public footpaths. The proposal involves
the provision of an A-frame sign and safety barriers incorporating signage on the footpath which
contravenes the above control. This non-compliance is addressed by Condition No 6(b) which
requires the deletion of the proposed A frame sign and safety barriers from the scheme.
Visual & acoustic privacy
Design principal Part 6.4.8 aims to ensure adequate visual and acoustic privacy to residential
apartments in the centre and private open spaces. The proposed outdoor seating is considered
satisfactory with the above mentioned design principal for the following reasons:
•
•
•
Subject to Condition No 8, that the proposed use does not give rise to the transmission of
offensive noise to any place of different occupancy
The proposed hours or operation for the café and outdoor seating (7am-5pm, 7 days a week)
is consistent with the hours of operation of other uses within the business zone
Subject to Condition No 6(a), the proposed outdoor seating area will accommodate two (2)
tables and four chairs (4). The intensity of use of the area is not such that it is likely to
unduly impact on the acoustic privacy of existing or future residents
Outdoor eating
Design principal 6.3.10 of outdoor eating states:
‘Outdoor eating has the potential to enhance the village character of the Centre by
contributing to the liveliness of the streets and other outdoor places. Outdoor eating
establishments are encouraged where they provide a pleasant outdoor eating environment in
suitable locations with minimal disturbance to pedestrian circulation.’
The proposed location of the footway restaurant is considered to be satisfactory in terms of amenity
for patrons. Adequate pedestrian access is provided in the form of a 2.4-2.7m wide section of
unobstructed footpath.
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30 August 2010
Further, the objectives of the ‘Footway License and Procedures Policy’ are to ensure that any
activity on Council's footway:
1.
2.
3.
4.
Contributes to the improvement of the streetscape
Provides attractive and safe surroundings in which people may enjoy food and
refreshments
Does not adversely affect surrounding properties
Does not obstruct pedestrian traffic
The following comments are made in relation to the above-mentioned outdoor seating design
principal and objectives of the ‘Footway License and Procedures Policy’:
•
•
•
•
•
•
The subject location is attractive due to the presence of street trees and high visual quality
commercial and residential buildings
Subject to Condition No 6, the proposed tables and chairs are considered to be satisfactory
in terms of visual amenity
The proposed footpath restaurant will improve the liveliness of the locality which is
considered to be desirable under the provisions of Council's Rose Bay Centre DCP
Subject to Conditions No 7 & 11, the proposal is considered to be satisfactory by Council’s
Senior Environmental Health Officer in relation to sanitary issues
Subject to Condition No 9 limiting hours of the footpath restaurant to 7am-5pm, 7 days a
week, the proposal will not have any significant adverse impact upon the amenity of
surrounding residential properties
Subject to Condition No 6, the proposed location of the footpath restaurant is considered to
be satisfactory in terms of amenity for patrons. Adequate pedestrian access is provided in
the form of a 2.4-2.7m wide section of unobstructed footpath
The above-mentioned conditions address a number of the requirements stipulated under the Policy.
In relation to other matters for consideration stipulated under the Policy, the following comments
are provided:
•
•
•
•
•
Section 6 (d) requires the total available footway width to be not less than 3.6m in addition
to the requirement that a minimum unobstructed passage of 1.8m be maintained. The subject
section of footway has a width of 3.7m. Further, a minimum of 2.4m of unobstructed
footway passage will be maintained subject to Condition No 6(a) requiring the deletion of
seven (7) tables and fourteen (14) chairs
Council's Development Engineer raises no objection to the proposal on the basis of the state
of the footpath, traffic generation or off-street car parking demand
Condition No 4 requires the applicant to enter into an appropriate license agreement with
Council
Condition No 7 requires appropriate conduct of business as stipulated under Section 14 of
the Policy
Condition No 4 requires the consent of Council prior to an application for an On License/
Restaurant Permit (under the Liquor Act) as stipulated under Section 17 of the Policy
Subject to the above-mentioned conditions, the proposal is considered satisfactory with regard to
the provisions of Council's ‘Footway License Policy and Procedures’ and Section 6.3.10.
12.2 Woollahra Access DCP
Subject to Conditions, the proposal accords with the provisions of this DCP.
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30 August 2010
12.3 Other DCPs, codes and policies
None relevant.
Woollahra DCP for Off-Street Car Parking Provision and Servicing Facilities
The provisions of this Policy calculates additional off-street car parking demand based upon the
gross floor area of a proposal. The proposed outdoor seating does not constitute additional gross
floor area and therefore does not technically require any additional off-street car parking provision.
Whilst Section 7 of Council's previous “Code for Footpath Restaurants” required additional offstreet car parking to be provided for the outdoor seating area (0.24 of a space in this instance), no
such provision is contained within Council's current Footway License Policy and Procedures which
superseded the former Code.
13.
All likely impacts of the proposal have been addressed previously.
14.
THE LIKELY IMPACTS OF THE PROPOSAL
All likely impacts have been addressed elsewhere in the report.
15.
Subject to Condition No 6, the subject area of footpath is considered suitable for the proposed
outdoor eating area.
16.
SUBMISSIONS
Notifications DCP. Eight (8) submissions were received from:
1.
2.
3.
4.
5.
6.
7.
8.
Marie Wilson - Shop 2, 809-823 New South Head Road, Rose Bay
Silvia Paris - 6 Gilliver Avenue, Vaucluse
Cameron Hoy - 37 Robert Street, Rose Bay
Mrs I A Stogdale – 20/809 New South Head Road, Rose Bay
George Cotsios - 7 Kings Road, Vaucluse
Manuela O'Toole, The Bay Boutique - 10C Dover Road, Rose Bay
E Lewin - 27/809 New South Head Road, Rose Bay
Europan – 10A Dover Road, Rose Bay
The objectors raised the following issues:
•
•
•
•
•
Inadequate footpath access for pedestrians including persons with disabilities, strollers and
shopping trolleys
The subject section of footpath is too busy to facilitate the outdoor seating
Approval of the application would set a precedent for other businesses in the locality
Inadequate details were provided of the proposed outdoor seating
The subject section of footpath is too busy to facilitate the outdoor seating
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DA 59/2010/1
30 August 2010
The above-mentioned concerns have been addressed previously with exception of the following:
Approval of the application would set a precedent for other businesses in the locality
Any development application for a footpath restaurant elsewhere in the locality will be assessed on
its own merit against the relevant planning controls.
Inadequate details were provided of the proposed outdoor seating
Council has determined that the submitted plans and documentation provide sufficient information
to enable Council to assess the development application.
17.
CONCLUSION
The proposal is acceptable against the relevant considerations under s79C.
18.
19.
THAT the Council, as the consent authority, grant development consent to Development
Application No. 59/2010 for new outdoor seating including 2 tables and 4 seats on the footpath
adjacent to shop 12B, 12 Dover Road Rose Bay, subject to the following conditions:
1.
Conditions
Consent is granted subject to the following conditions imposed pursuant to section 80 of the
Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions of the
Environmental Planning and Assessment Regulation 2000 (“the Regulation”) such conditions
being reasonable and relevant to the development as assessed pursuant to section 79C of the
Act.
2.
Definitions
Approved Plans mean the plans endorsed by Council referenced by this consent as amended
by conditions of this consent.
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DA 59/2010/1
30 August 2010
BCA means the Building Code of Australia as published by the Australian Building Codes
Board as in force at the date of issue of any Construction Certificate.
Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see
the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the
Southern Sydney Regional Organisation of Councils).
•
•
•
•
•
•
Principal Contractor has the same meaning as in the Act or where a principal contractor has
not been appointed by the owner of the land being developed Principal Contractor means the
owner of the land being developed.
Applicant.
•
•
•
•
•
•
•
•
the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of
land,
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DA 59/2010/1
•
•
30 August 2010
the delivery to or removal from the site of any machine, article, material, or thing, or
the occupation of the site by any person unless authorised by an occupation certificate.
Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any
condition this must be done in writing to Council and confirmed in writing by Council.
3.
Approved Plans and supporting documents
Those with the benefit of this consent must carry out all work and maintain the use and works
in accordance with the plans and supporting documents listed below as submitted by the
Applicant and to which is affixed a Council stamp “Approved DA Plans” unless modified by
any following condition. Where the plans relate to alterations or additions only those works
shown in colour or highlighted are approved.
Reference
Description
Plan No A01
Outdoor Seating Plan
Drawn
Archicorp Architects and Project Managers
Date
February 2010
Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped
approved plans. You should not rely solely upon the plan reference numbers in this condition. Should
the applicant not be able to provide you with the original copy Council will provide you with access to its
files so you may review our original copy of the approved plan.
Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g)
of the Act modifying or amending the development (refer to conditions which must be satisfied prior to
the issue of any Construction Certificate.)
4.
License Agreement
Prior to any footpath seating or tables being installed on the footway the person with the
benefit of the consent must enter into a license agreement with Council to use the footway
area.
Notes relating to footway restaurants:
a.
A maximum term of 7 years applies to the granting of a licence for the use of the footway
b.
Council may impose conditions, additional to those contained in the development consent, to the granting
of a licence.
c.
Council reserves its right as land owner to not enter into a licence agreement even where development
consent has been obtained.
d.
The licence will set out the rent which will be required to be paid to Council for the use of the public
footway. The rent will be calculated having regard to the proposed commercial activity and will be based
on valuations obtained by Council from an independent valuer. Failure to pay the rent may result in
termination of the licence.
e.
Application forms are available from Council’s Customer Service Centre and from Council’s website at
www.woollahra.nsw.gov.au
5.
Prescribed Conditions
Prescribed conditions in force under the Act and Regulation must be complied with.
Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed
conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at
www.legislation.nsw.gov.au
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DA 59/2010/1
6.
30 August 2010
Configuration of footway restaurant/reduction to the number of seats
In accordance with Section 6(d) of the Woollahra Footway License Policy and Procedures and
in order to ensure an unobstructed footpath width of 1.8m for pedestrians the following items
are to be deleted:
a)
b)
Deletion of seven (7) tables and fourteen (14) chairs, specifically being the:
• Deletion of the four tables and eight chairs to south of the footpath
• Deletion of the two tables and four chairs to the eastern side of the shop frontage
• Deletion of the one table and two chairs to the western most side of the shop
frontage
The deletion of the proposed A-frame sign and safety barrier on the pedestrian footpath
Approval is granted for two (2) table and four (4) chairs.
this consent.
7.
Health & Amenity
a)
b)
c)
d)
8.
The food business must permit assistance animals only in the outdoor dining area used
by customers (refer to the Commonwealth Disability Discrimination Act 1992).
The food business must take all necessary steps to ensure that no noise or other
disturbance emanates from the outdoor seating area causing detriment to the amenity of
others.
No outdoor speakers, sound amplification equipment, relay or other audio equipment
can be installed or used in association with the outdoor seating area of the food
business.
No live entertainment is permitted within the outdoor seating area of the food business
or elsewhere on the footpath.
Noise Control
The use of the premises must not give rise to the transmission of offensive noise to any place
of different occupancy. Offensive noise is defined in the Protection of the Environment
Operations Act 1997.
Note: Council will generally enforce this condition in accordance with the Noise Guide for Local Government
(http://www.environment.nsw.gov.au/noise/nglg.htm) and the Industrial Noise Guidelines
(http://www.environment.nsw.gov.au/noise/industrial.htm) publish by the Department of Environment
and Conservation. Other state government authorities also regulate the Protection of the Environment
Useful links:
Community Justice Centres—free mediation service provided by the NSW Government
(www.cjc.nsw.gov.au).
Department of Environment and Conservation NSW, Noise Policy Section web page
(www.environment.nsw.gov.au/noise).
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New South Wales Government Legislation home page for access to all NSW legislation, including the
Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control
Regulation 2000 (www.legislation.nsw.gov.au).
Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au
/index.php).
Association of Australian Acoustical Consultants—professional society of noise related professionals
(www.aaac.org.au).
Department of Gaming and Racing - (www.dgr.nsw.gov.au).
9.
Footpath restaurant hours of use
The hours of use are limited to the following:
a)
7 days a week: 7am - 5pm
This condition has been imposed to mitigate amenity impacts upon the neighbourhood.
Note: Deliveries to or dispatches from the site must not be made outside these hours. Trading Hours may be
more onerous than these general hours of use. This condition does not apply to activities such as cleaning
which takes place wholly within the building and which are not audible within any adjoining residential
dwelling. If internal activities are audible within any adjoining residential dwelling such that they cause a
nuisance to the occupiers of such dwelling than such internal activities must not occur outside these hours
of use. This condition does not restrict the operation of noise pollution laws.
10.
Fire Safety
A one metre separation of the tables and chairs shall be provided directly outside the main
entrance of the deli at all times.
11.
Conduct of Business
The Licensee is to be responsible for the orderly conduct of the business and ensure that the
requirements of the Food Act and any other applicable legislation are fully met in the serving
of food to the outdoor tables. The Licensee will also be held responsible to ensure good
conduct of patrons, the timely removal of waste to prevent littering and that noise is kept to a
minimum. No music is permitted. Lighting for evening use is to be erected only with
development consent and is to be so installed as to avoid nuisance to neighbouring premises.
Failure to meet these conditions may result in fines and/or termination of the Licence.
12.
Criminal Offences – Breach of Development Consent & Environmental laws
criminal offence. Failure to comply with other environmental laws is also a criminal offence.
a)
b)
c)
d)
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DA 59/2010/1
30 August 2010
Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or
custodial sentences for serious offences.
Should Council have to take any action to enforced compliance with this consent or other
environmental laws Council’s policy is to seek from the Court appropriate orders requiring
the payments of its costs beyond any penalty or remedy the Court may order.
This consent and this specific advice will be tendered to the Court when seeking costs orders
from the Court where Council is successful in any necessary enforcement action.
Note: The payment of environmental penalty infringement notices does not result in any criminal offence being
recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the
offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal
conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain
further information from the following web sites:
http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General’s
www.agd.nsw.gov.au.
13.
Commonwealth Disability Discrimination Act 1992 (“DDA”)
The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to
be inaccessible to people with a disability. Compliance with this development consent,
Council’s Access DCP and the BCA does not necessarily satisfy compliance with the DDA.
The DDA applies to existing places as well as places under construction. Existing places must
be modified and be accessible (except where this would involve "unjustifiable hardship”).
a)
b)
If you have any further questions relating to the application of the DDA you can send and
email to HEROC at [email protected].
Standard Advising: K3 (Autotext KK3)
14.
Appeal
Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to
contact Daniel Barber, Assessment Officer, on (02) 9391 7126.
However, if you wish to pursue your rights of appeal in the Land & Environment Court you
are advised that Council generally seeks resolution of such appeals through a Section 34
Conference, site hearings and the use of Court Appointed Experts, instead of a full Court
hearing.
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DA 59/2010/1
30 August 2010
This approach is less adversarial, it achieves a quicker decision than would be the case
through a full Court hearing and it can give rise to considerable cost and time savings for all
parties involved. The use of the Section 34 Conference approach requires the appellant to
agree, in writing, to the Court appointed commissioner having the full authority to completely
determine the matter at the conference.
Mr D Barber
ASSESSMENT OFFICER
Mr N Economou
TEAM LEADER
ANNEXURES
1.
2.
3.
Plans and elevations
Environmental Health Officer Referral
Fire Safety Officer Referral
15
DA 777/2008/10
23 Victoria Street Watsons Bay
30 August 2010
SECTION 96 APPLICATION ASSESSMENT REPORT
ITEM No.
D5
FILE No.
DA 777/2008/10
ADDRESS:
23 Victoria Street, Watsons Bay
EXISTING CONSENT:
The demolition of an existing dwelling house and ancillary
structures and erection of a new dwelling house and ancillary
structures, landscaping and siteworks.
DATE OF CONSENT:
11 May 2009
PROPOSED
MODIFICATIONS:
DATE S96 LODGED:
External & internal modifications.
CONSENT AUTHORITY
14/05/2010 (original)
14/07/2010 (amended plans)
Council
APPLICANT:
Bruce Stafford & Associates Pty Ltd
OWNER:
Mr V R & Mrs J S Blank
AUTHOR:
Mr D Booth
LOCALITY PLAN
Subject
Site
Objectors
North
Locality Plan
1
DA 777/2008/10
1.
30 August 2010
Reason for report
Objections to the subject Section 96 application are not overcome by the recommendation and the
matter has been called to the Development Control Committee (DCC), for determination by
Councillor Howe for the following reasons:
1.
2.
3.
The approved development is already significantly in breach of Council's floor space ratio
and other planning controls.
The DCC imposed a number of additional conditions to the original consent in order to
protect the amenity and appreciation of Camp Cove Beach, the historical nature of the
topography adjacent to the beach, and to reduce the impact of the development.
Section 96 applications which seek to increase any aspect of the original consent should be
determined by the DCC in order for the DCC to assess the impact of such modifications upon
the underlining purpose of the original conditions so as to protect the historic precinct and
both public and private amenity.
Issues
•
Objectors’ concerns.
Objections
Three.
Recommendation
The proposed modifications to the development consent, as amended, are recommended for
approval because:
•
•
•
2.
They are considered to be satisfactory with regard to the relevant provisions under Section 96
and Section of 79C of the Environmental Planning and Assessment Act 1979;
The consent, as modified previously and as proposed to be further modified, is considered to be
substantially the same as that originally granted; and
They will not adversely affect the amenity of the public domain or adjoining properties such
that refusal is justified.
DESCRIPTION OF ORIGINALLY APPROVED PROPOSAL
On 11 May 2009, the full Council granted approval to DA777/08/1 which involved:
•
•
•
•
The demolition of the existing dwelling-house;
The erection of a 3 storey (2 above-ground levels and 1 underground level) dwelling-house with
slate hipped roof forms and varying external elevation finishes consisting of cement render,
timber, stone and glass;
Internal alterations, the addition of a rear deck and a new garage door to the existing ancillary
structure located on the street frontage converting the existing ground floor level double garage
into a vehicular entrance to the proposed dwelling-house basement level parking for 3 vehicles.
The upper level of the ancillary structure was approved as a gym.
The existing single carport to the eastern corner of the site is proposed to be widened to create a
double carport;
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DA 777/2008/10
•
•
•
•
30 August 2010
A new swimming pool including a spa within the south-western section of the beach front
garden adjacent to the Camp Cove Beach frontage;
The demolition of the existing wall to the Camp Cove Beach frontage and the construction of a
new sandstone wall to the same height as the existing wall (2.1-2.8 m) with a rusticated finish;
A timber gate to the boat storage area to the south-western side of the wall and a timber
pedestrian gate to the north-eastern side of the wall; and
New timber pedestrian and vehicular gates to the existing high front masonry fence (2.2-2.8 m).
The consent was modified by the following requirements under Condition C.1:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
In order to reduce the carbon footprint of the development and achieve a greater level of
compliance with Council’s floor space ratio control, the basement floor level is to be
redesigned to facilitate only the watercraft storage area, pool plant room, pool undercroft
area, rainwater tank storage area, stair access and 60 m2 of general storage area including
hot water storage to a total area not exceeding 230 m2.
In order to ensure that the elevated swimming pool does not have an adverse visual impact
upon Camp Cove, the swimming pool casement is to be faced in sandstone.
In order to ensure that the proposal does not have any significant impact upon the heritage
significance of the Watsons Bay Heritage Conservation Area or the visual amenity of Camp
Cove, the existing 3 Bangalow Palms are to be transplanted to another location within the
beachfront landscaped area and the existing Coral Trees are to be retained in situ.
The subsoil system around the basement structure is to be removed. The basement is to be
tanked and sealed to prevent the entry of groundwater.
Flood protection is to be provided for the 1:100 year flood level from Sydney Harbour at a
level of 2.0mAHD.
Existing ground heights and topography at the front level of the site adjacent to Camp Cove
shall not be altered except as detailed in the amended architectural plans submitted by
Bruce Stafford Associates and conditions contained herein.
The existing concrete and stone garden steps on the sloping lawn facing Camp Cove
are to be replaced with a series of low profile turf steps encased in timber sleepers with
maximum dimensions of the steps limited in plan to 7.5 metres by 6.0 metres.
The existing Phoenix Palms on the lower lawn area to be encased in planters
constructed of timber sleepers to match the proposed steps, vertical dimension of the
planters shall be limited in height to the highest portion of exposed roots, with horizontal
size of the planters limited in dimensions necessary to enable encasement of the existing
root system.
Except as detailed in conditions f, g, and h, excavation or altering of the remaining
topography of the site shall be limited to excavation necessary for the proposed basement,
swimming pool, steps to Camp Cove Beach, and for the reduction of the top portion of
the site to RL 5.2 necessary to construct the ground floor of the proposed dwelling.
The existing retaining wall facing Camp Cove Beach is to be replaced in bolstered
sandstone, or faced in bolstered sandstone, the maximum height of the retaining wall
to match the maximum height of the existing wall or 100mm above existing ground on
the upper side of the wall whichever is the greater.
Should a balustrade be required above the retaining wall facing Camp Cove Beach to
meet BCA requirements, the balustrade shall be to a maximum height of 1.2 metres and
constructed in vertical and horizontal steel bars with 50% of the vertical face of the
balustrade being transparent, and otherwise meeting the requirements of Section C27 of
the Victoria Street Precinct Controls of the Watsons Bay DCP.
The proposed gate facing onto Camp Cove to be a maximum 1.8 metres in height and to be
constructed in steel with a 50% transparency over the vertical face of the gate.
3
DA 777/2008/10
30 August 2010
m)
The applicant is to enter into a formal agreement with Council in respect to the encroachment
of the front fence facing Victoria Street or remove any encroachment from Council’s
property.
3.
DESCRIPTION OF PREVIOUSLY APPROVED MODIFICATIONS
DA 777/2008/2
DA 777/2008/2 for the modification of Condition C.4 was approved under delegated authority on
19 June 2009.
Condition C.4 requires Roads Act approval for the following:
a.
Encroachments are to be removed off Victoria Street and the area restored. Areas of
footpath to be constructed in accordance with Council’s standard drawing RF3.
Condition C.4 was modified in terms of allowing the Roads Act application to be made and
approval obtained prior to the commencement of the construction of the new dwelling-house
rather than prior to the issue of any construction certificate.
The deferral of the Roads Act approval was sought to allow time for the applicant to enter into a
formal agreement with Council in respect to the encroachment of the front fence facing Victoria
Street.
DA 777/2008/3
DA 777/2008/3 for the modification of Condition C.1a) was approved under delegated authority on
27 August 2009.
Condition C.1a) originally stated:
a)
In order to reduce the carbon footprint of the development and achieve a greater level of
compliance with Council’s floor space ratio control, the basement floor level is to be
redesigned to facilitate only the watercraft storage area, pool plant room, pool undercroft
area, rainwater tank storage area, stair access and 60 m2 of general storage area including
hot water storage to a total area not exceeding 230 m2.
Condition C.1 a) was modified as follows:
a)
In order to reduce the carbon footprint of the development, Boral 3 star “green cement” is to
be utilised in the construction of the development rather than traditional cement. Further, the
basement floor level is to be naturally ventilated rather than mechanically ventilated.
DA 777/2008/4
DA 777/2008/4 for the further modification of Condition C.4 was approved under delegated
authority on 6 August 2009.
Condition C.4 requires Roads Act approval for the following:
b.
Encroachments are to be removed off Victoria Street and the area restored. Areas of
footpath to be constructed in accordance with Council’s standard drawing RF3.
4
DA 777/2008/10
30 August 2010
Condition C.4 was modified in terms of allowing the Roads Act application to be made and
approval obtained prior to the issuing of an occupation certificate rather than prior to the
commencement of the construction of the new dwelling-house.
The further deferral of the Roads Act approval was sought to allow time for the applicant to enter
into a formal agreement with Council in respect to the encroachment of the front fence facing
Victoria Street.
DA 777/2008/5
DA 777/2008/5 for internal and external modifications to the approved development was approved
under delegated authority on 7 October 2009. The external modifications increased the approved
gross floor area by approximately 68 m2 resulting in the floor space ratio being increased from
0.75:1 to 0.78:1.
The approval of this application included the following notation:
This approval does not include any of the proposed works that encroach upon Council’s land.
DA 777/2008/6
DA 777/2008/6 for the further modification of Condition C.1a) was approved under delegated
authority on 30 September 2009.
Condition C.1 a) as approved under DA777/2008/3 had stated:
a)
In order to reduce the carbon footprint of the development, Boral 3 star “green cement” is to
be utilised in the construction of the development rather than traditional cement. Further, the
basement floor level is to be naturally ventilated rather than mechanically ventilated.
Due to the practical failure experienced by the applicant during the pouring of the green cement
approved DA 777/2008/3 due to subsurface water conditions experienced on-site, this approval
allowed the offset of the 209.9 tons of carbon emissions associated with the use of conventional
concrete with the purchase of carbon credit from Global Carbon Exchange.
DA 777/2008/7
DA 777/2008/7 for demolition of the two garage masonry side walls and the reconstruction of
masonry side walls on the same alignment and to the same height as those to be demolished, was
approved under delegated authority on 27 October 2009.
DA 777/2008/8
DA 777/2008/8 for the transfer of the requirements of Condition C.1m) to a new H condition
(requirements to be satisfied prior to the issue of a Final Occupation Certificate), was approved
under delegated authority on 29 October 2009.
Condition C.1m) had stated:
m)
property.
5
DA 777/2008/10
30 August 2010
The consent was modified by the deletion of C.1m) and the addition of the following condition:
H.5 Resolution of front boundary encroachment
property.
The approval of this application allowed additional time for the applicant to enter into a formal
agreement with Council in respect to the encroachment of the front fence facing Victoria Street.
DA 777/2008/9
DA 777/2008/9 for minor internal and external modifications to the approved development and
changes to the pool layout was approved under delegated authority on 19 January 2010. The
external modifications did not increase the approved building envelope.
4.
DESCRIPTION OF PROPOSED MODIFICATIONS
On 14 July 2010, the proposal was amended in terms of modifying the proposed gable roof forms in
order to address concerns raised by Council's Heritage Officer.
The proposed modifications, as amended, are as follows:
•
•
•
•
•
•
•
•
•
•
•
The modification of the approved hipped roof forms to gable roof forms;
The increase to the thickness of the bands of masonry construction immediately under the eaves
from 250 mm to 650 mm;
The increase to the height of the first floor level by 260 mm;
The decrease to the first floor level floor-to-ceiling height by 50 mm;
A new 2.8 m high glass canopy over the front pedestrian entrance;
The extension to the length of the pond to the front of the site by approximately 3.8 m;
Fenestrational changes;
The introduction of concrete columns to the corners of the various modules;
The planter above the garage entrance has been setback 400 mm from the front boundary;
Internal modifications; and
The construction of a new retaining wall to the north-eastern side boundary.
The proposed modifications increase the approved maximum height by 485 mm but do not
otherwise increase the approved building envelope of the dwelling-house.
6
DA 777/2008/10
5.
30 August 2010
DESCRIPTION OF SITE AND LOCALITY
Subject site
The site has a south-eastern frontage to Victoria Street 39.2 m in length, a north-western frontage to
Camp Cove Beach 36.4 m in length, a north-eastern side boundary 47.4 m in length and a southwestern side boundary 55.7 m in length. The site has an area of 1929 m2. The site slopes
downwards approximately 2 m from the street frontage to the reserve frontage. As at 10 August, the
construction of the ground floor level of the new dwelling-house had commenced.
Adjoining development consists of a two storey dwelling-house to the north-east (21 Victoria St)
and a single storey dwelling-house to the south-west (25 Victoria St).
6.
INTERNAL REFERRALS
Council's Heritage Officer considers the amended proposal to be satisfactory (see Annexure 2).
ASSESSMENT UNDER S96
7.1
Substantially the same development
The development consent, as modified previously and as proposed to be further modified, is
considered to be substantially the same as the originally approved development.
7.2
Threatened species
The proposed modifications will not result in any adverse impact upon any threatened species.
7
DA 777/2008/10
30 August 2010
8.
8.1
SEPP 55-Remediation of Land
Under clause 7 (1) (a) of SEPP 55-Remediation of Land, consideration is required to be been given
as to whether the land is contaminated. The assessment of the original development application
concluded that the proposal did not require further consideration under clause 7(1)(b) and (c) of
SEPP 55. The same conclusion applies to the proposed modifications.
8.2
SREP (Sydney Harbour Catchment) 2005 and DCP
The provisions of this instrument and the accompanying DCP for SREP (Sydney Harbour
Catchment) 2005 require Council to consider the likely impact upon available views to and from
Sydney Harbour and the visual impact that a development proposal will have upon Sydney Harbour
and adjoining foreshore areas.
The proposed modifications are considered to be satisfactory with regard to the relevant provisions
of SREP (Sydney Harbour Catchment) 2005 and the DCP for SREP (Sydney Harbour Catchment)
2005.
9.
9.1
Aims and objectives of WLEP 1995 and zone (Clause 8(5))
The proposed modifications, as amended, are considered to be consistent with the aims and
objectives of the LEP and the relevant objectives of the Residential 2(a) zone.
9.2
Statutory compliance table
iSite Area (484.9 m²)
As approved
Proposed
modifications
Control
Complies
7.6
8.1
8.2
YES
Overall Height (m)
9.3
Height
The proposed modifications involve a maximum height of 8.1 m which complies with Council’s 8.2
m height standard. Further, the proposed modifications, as amended, are considered to be
satisfactory with regard to the objectives of Council's height standard in terms of not significantly
adversely affecting views, solar access, privacy and visual amenity of adjoining properties or the
visual amenity of the public domain.
9.4
Clause 18 Excavation
The provisions of Clause 18 require Council, when considering a development application
involving excavation, to have regard to how that excavation may temporarily or permanently affect:
8
DA 777/2008/10
(a)
(b)
(c)
(d)
(e)
(f)
30 August 2010
The amenity of the neighbourhood by way of noise, vibration, dust or other similar
circumstances related to the excavation process.
Public safety.
Vehicle and pedestrian movements.
The heritage significance of any heritage item that may be affected by the proposed
excavation and its setting.
Natural landforms and vegetation.
Natural water run-off patterns.
The proposed modifications involve only minor additional excavation, the scope of which is
covered by existing conditions of consent.
The proposed additional excavation is considered to be satisfactory with regard to the provisions of
Clause 18 of WLEP 1995.
9.5
Clause 19 Harbour foreshore scenic protection area
The provisions of Clause 19 of Woollahra LEP 1995 require Council to consider the visual impact
that a development proposal will have upon Sydney Harbour and the adjoining foreshore areas. The
proposed modifications will not have any significant adverse visual impact upon the Harbour or
adjoining foreshore areas.
9.6
Clause 22 Foreshore building lines
The proposed modifications comply with Council's 12 m foreshore building line development
standard and the objectives underlying the standard.
9.7
Clause 24 Land adjoining public open space
Clause 24 of Woollahra LEP 1995 requires Council to take into consideration the impact of the
development upon the amenity of an adjoining public open space area and any plan of management
for that public open space area. The section of the Camp Cove Beach adjacent to the north-western
boundary of the site is zoned Local Open Space Reservation.
The proposed modifications are considered to be appropriate in terms of maintaining the amenity of
the adjoining foreshore local open space reservation area and are not in conflict with any plan of
management.
9.8
Clause 25 Water, wastewater and stormwater:
Clause 25 of Woollahra LEP 1995 requires Council to take into consideration the provision of
adequate stormwater drainage and the provision of adequate water and sewerage services. The
development consent contains Conditions C.11 and C.12 which adequately cover the scope of the
proposed modifications in relation to the provisions of Clause 25.
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DA 777/2008/10
9.9
30 August 2010
Clause 25D Acid Sulphate Soils
The subject site is within Classes 2 & 4 Acid Sulphate Soil area identified in the Planning NSW
Acid Sulphate Soil Risk Map. An acid sulphate soils report submitted with the original
development application has been reviewed by Council’s Environmental Health Officer who
advised that the scope of the proposed excavation is unlikely to encounter acid sulphate affected
soil and accordingly, an acid sulphate soil management plan was not deemed to be required. The
same conclusion applies to the proposed modifications.
9.10 Clauses 26, 27 and 28 Heritage Items, Development in the Vicinity of Heritage Items and
Heritage Conservation Areas
The provisions of these clauses require Council to consider the impact of the proposal upon the
heritage significance of the Camp Cove Beach (listed as a heritage item under Woollahra LEP
1995) and the Watsons Bay Heritage Conservation Area.
Council's Heritage Officer has provided the following comments in relation to the amended
proposal:
•
•
•
•
•
•
•
The currently proposed roof changes were made after extensive consultation with Council in
regard to the appropriate roof forms for the conservation area. A thorough investigation of
surrounding contemporary and traditional roof forms was carried out.
The initial DA approved roof forms were relatively traditional, with hipped roofs and eaves.
The appearance was of a series of houses, as there are six separate roof forms.
The initial Section 96 roof forms were smaller, which was a positive change, however some of
the detail which made the roofs conform to the character of the conservation area was lost.
Further, the roof forms were a mixture of gabled roofs set behind parapets, which is completely
non-traditional, and thus unacceptable. Of concern were the loss of traditional roof forms such
as hipped forms and eaves.
Upon visiting the precinct, it was noted that all roof forms in the precinct are hipped. Thus it
was desirable that the hipped form be maintained, however the height restrictions did not allow
full hipped roofs, causing a flat section to the top of the roof, which is non-traditional.
The initial Section 96 roof forms were deemed unacceptable, after which the applicant then
presented the current amended roof forms, which remove the parapets and allow the roof forms
to be proper gables.
The currently proposed roof forms are considered acceptable as they have a better relationship
with the main bulk of the building than the initial Section 96 roof forms, (which were set behind
parapets), thus creating a better architectural outcome.
The DCP states only that pitched roofs are to be maintained, it does not mention hipped roofs
or eaves. Thus the roofs can be said to comply with the DCP objectives.
Conclusion
The application is acceptable as it complies with all the relevant statutory and policy documents
and would have a satisfactory heritage impact.
Accordingly, the proposed modifications are considered to be satisfactory with regard to the
heritage provisions of WLEP 1995.
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DA 777/2008/10
10.
30 August 2010
Watsons Bay Development Control Plan
10.1 Compliance table – Watsons Bay Development Control Plan
Site Area (1929 m²)
Sunlight to private open space of
adjacent properties (Hours)
Approved
> 2 hours between
9am and 3pm on
21 June
External Wall Height (m)
Site coverage (paved areas plus
dwelling-house and garage footprint)
Soft Landscaping
Solar access – windows to north facing
habitable rooms of subject building and
neighbouring properties (Hours)
Proposed
modifications
> 2 hours
between 9am
and 3pm on 21
June
Control
Complies
Minimum 2 hours
between 9am and 3pm
on 21 June
YES
6
6.4
6.7
YES
63.4%
(1223 m2)
36.6%
(706 m2)
64%
(1231.4 m2)
36.2%
(697.6 m2)
75%
(1446.7 m2)
YES
25% of site area
YES
>3
>3
Minimum of 3 hours of
sun between 9am and
3pm on 21 June
YES
10.2 Precinct H-Victoria Street Waterfront Precinct.
The proposed modifications are considered to be compliant with the following precinct specific
controls that are relevant to the scope of the proposed modifications:
H.5.1 Building siting and alignment
Streetfront setbacks
C17 The main part of the house is to follow the alignment of adjacent buildings and to provide
garden space between the Victoria Street wall and the house.
Side boundary setbacks
C18 All new buildings, including garages, are to be set back from side boundaries a minimum of
1.2m (1.5m on allotments greater than 15m in width) in order to retain detached dwelling
character of the precinct and to allow for recovery of views to Camp Cove from Victoria
Street.
Front (waterfront) setbacks
C19 Building setbacks from the waterfront are to relate to the alignment of adjacent significant
houses provided that a garden space or lawn area is retained.
The proposed modifications do not alter boundary setbacks from that as approved.
H.5.3 Building form
C21 Traditional forms are to be followed, ie simple rectilinear plan with pitched roofs and
verandahs facing the waterfront.
C22 Flat or curved roofed buildings are not permitted .
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DA 777/2008/10
30 August 2010
H.5.4 Building character
C23 New development is to respect the character of adjacent significant buildings when viewed
from the Harbour.
As discussed above under the section 9.10 Clauses 26, 27 and 28 Heritage Items, Development in
the Vicinity of Heritage Items and Heritage Conservation Areas, Council's Heritage Officer
considers the proposed gable roof forms to be satisfactory.
H.6 Landscaping and private open space
C25 The building, garage footprint and paved surfaces (such as patios and pathways) together are
not to exceed 75% of the site area in order to provide adequate space for soft landscaping,
including plantings.
The proposed modifications maintain compliance with this requirement.
10.2 General controls
The following sections address key general controls regulating amenity impacts such as view loss,
overshadowing and loss of privacy. The proposed modifications are considered to be satisfactory
with regard to all other general controls.
Views
C3 New buildings and additions are to facilitate view sharing with surrounding buildings and
from public roads and public spaces.
The proposed modifications will not significantly affect public or private views from that as
approved.
Solar access
4.6.1 C5 Siting and Alignment
New buildings and additions are to be designed and sited so as to retain sunlight to at least 50%
(or 35m2 with minimum dimension 2.5m, whichever is smaller) of the main ground level private
open space of adjacent properties for a minimum of two hours between 9am and 3pm on 21
June.
Solar access will be maintained to the ground floor level private open space of the adjoining
property to the south-west (25 Victoria St) in compliance with this requirement.
4.6.3 New buildings (ie infill development) and non-contributory buildings
C1
New buildings and additions are to be designed to respect the character, scale, form,
massing, materials, details, orientation and setbacks of adjacent and surrounding
significant items.
As discussed above under the section 9.10 Clauses 26, 27 and 28 Heritage Items, Development in
the Vicinity of Heritage Items and Heritage Conservation Areas, Council's Heritage Officer
considers the proposed gable roof forms to be satisfactory.
12
DA 777/2008/10
30 August 2010
4.12 C9 Design for Energy Efficiency
North-facing windows to habitable rooms of neighbouring dwellings are not to have sunlight
reduced to less than three hours between 9am and 3pm on 21 June.
The windows to the north-eastern elevation of the adjoining property to the south-west (25 Victoria
St) are orientated approximately 35° east of true north and therefore are not north-facing (within 30°
east of true north.
Acoustic and Visual Privacy
4.13 O2
To minimise the impact of new development on the acoustic and visual privacy of
existing development on neighbouring lands.
4.13 C10
Direct overlooking of the main living areas and private open space areas of adjoining
and adjacent properties is to be minimised by the sensitive location of windows,
balconies, screening devices and landscaping and the use of opaque glazing.
The proposed modifications are considered to be satisfactory in terms of maintaining the visual and
acoustic privacy of adjoining properties.
11.
Woollahra Access DCP
The provisions of Council's Access DCP require the provisions of adequate access for persons
including the elderly and the disabled. The subject development involves Class 1 and 10 structures.
For such structures, the policy encourages, rather than requires the provision of adequate visitor
access for older people or people with a disability. The proposed modifications are considered to be
satisfactory in terms of maintaining disabled access as approved.
12.
All likely impacts of the proposed modifications have been assessed elsewhere in this report.
13.
The site is suitable for the proposed modified development.
14.
SUBMISSIONS
The original s96 application was advertised and notified in accordance with Council’s Advertising
and Notifications DCP. In response 3 objections were received from the following:
1. J & F Keegan-7 Cove St, Watsons Bay.
2. H Rolfe-41 Cove St, Watsons Bay.
3. J & S Menadue-17 Pacific St, Watsons Bay.
The above-mentioned objectors raised the following concerns:
•
•
•
•
The front wall to Victoria St encroaches upon Council land and should be removed.
Overdevelopment of the site.
Adverse visual impact upon Camp Cove Beach and the streetscape.
Demolition of the garage/cottage structure.
13
DA 777/2008/10
30 August 2010
The following comments are made in relation to these concerns:
The front wall to Victoria St encroaches upon Council land and should be removed.
On 11 May 2009, the full Council granted approval to DA777/08/1 which included the following
condition facilitating the retention of the encroaching wall:
C.1m)
The applicant is to enter into a formal agreement with Council in respect to the
encroachment of the front fence facing Victoria Street or remove any encroachment
from Council’s property.
The subject modifications do not involve the encroaching wall.
Overdevelopment of the site.
The subject modifications are considered to be satisfactory with all relevant controls as discussed
above.
Adverse visual impact upon Camp Cove Beach and the streetscape.
The subject modifications are considered to be satisfactory in terms of visual impact upon Camp
Cove Beach and the streetscape as discussed above.
Demolition of the garage/cottage structure.
The demolition of the garage/cottage structure was approved under DA 777/2008/5 and DA
777/2008/7. The subject modifications to the structure are considered to be satisfactory by
Council’s Heritage Officer.
The replacement application (as defined by Clause 90 of the Environmental Planning and
Assessment Regulation 2000) was not renotified under clause 5.1 of the DCP because, having
considered clause 9 of the DCP, the replacement application is substantially the same development
as the original proposal and considered to have no greater environmental impact upon neighbours.
15.
CONCLUSION
This assessment has considered the application in terms of the relevant matters under Sections 96 &
79C of the Environmental Planning and Assessment Act and other relevant considerations and the
amended proposal is considered to be satisfactory in this regard.
16.
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DA 777/2008/10
30 August 2010
17 . RECOMMENDATION: Pursuant to Section 96 of the Environmental Planning and
THAT Council, as the consent authority, modify development consent to Development Application
No. 777/2008 part 10 for the demolition of an existing dwelling house and ancillary structures and
erection of a new dwelling house and ancillary structures, landscaping and siteworks on land at 23
Victoria St, Watsons Bay, in the following manner:
The modification of Condition A.3(a) as follows:
A.3a Approved Amended (s96) Plans and supporting documents
Those acting upon or under this amended consent must carry out all work and maintain the
use and works in accordance with the approved plans and supporting documents listed in the
original consent, as amended by the amended approved plans and supporting documents as
submitted by the Applicant and to which is affixed a Council stamp “Approved S96 Plans”
listed below otherwise than modified by further condition(s). Where the plans relate to
amendments, alterations or additions only those works shown in colour or highlighted are
approved. Note: This approval does not include any of the proposed works that encroach
upon Council’s land.
Reference
Description
Author/Drawn
01A-06A inclusive dated 04/09/09 as amended by the work shown
in colour on 02A & 03A dated 23/10/2009, as further amended by
the work shown in colour on 01A-05A dated 20/11/2009 and as
further amended by the work shown in colour on 01A-05A dated
13/07/2010
Architectural
Plans
Bruce Stafford &
Associates P/L
Note: These plans and supporting documentation may be subject to conditions modifying the development
imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue
of any Construction Certificate.)
Mr D Booth
SENIOR ASSESSMENT OFFICER
Mr N Economou
TEAM LEADER
ANNEXURES
1.
2.
Plans and elevations.
Heritage Officer’s comments.
15
DA 512/2009/1
338 Oxford Street PADDINGTON
30 August 2010
ITEM No.
D6
FILE No.
DA 512/2009/1
PROPERTY DETAILS
AKA the Paddington Inn
Lot & DP No.:
Side of Street:
Site Area (m²):
Zoning:
LOT: 1 DP: 85869
North
474.676
Neighbourhood Business 3(c)
PROPOSAL
Major alterations to the first to change existing offices to bar,
lounges, open terrace, toilet, internal stairs; lift to all floors; minor
alterations to ground floor including repositioning of entrance from
William Street; new gas fired air-conditioning condenser (within
building); increase in the maximum capacity of the hotel from 300
to 820 people (initially proposed at 900 people)
TYPE OF CONSENT:
Council
APPLICANT:
Indyk Architects Pty Ltd
OWNER:
Mr B R & Mrs B R Solomon & Mr G T Kam
DATE LODGED:
08/10/2009
Replacement application was received on 14/5/2010
AUTHOR:
Mr T Wong
DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION YES
1.
NO
Refusal
2.
PROPOSAL PRECIS
The proposal is for major alterations to the existing hotel known as the Paddington Inn.
1
DA 512/2009/1
3.
30 August 2010
LOCALITY PLAN
Subject
Site
Objectors
North
Locality Plan
Also include Paddington Society
4.
The proposal is for major alterations to the existing hotel known as the Paddington Inn. Major
works are proposed on the first floor to change existing offices to bar, lounges, open terrace, toilet,
internal stairs; and a new lift to access all floors. Minor works are also proposed on the ground
floor. New gas fired air conditioning system is proposed within the building. As a result, the
applicant seeks to increase the maximum capacity of the hotel from 300 to 820 people.
5.
SUMMARY
Reasons for report
The DA involves a
licensed premises
6.
•
•
•
•
•
Issues
Excessive intensification of use
Strong opposition from NSW Police
Unacceptable traffic and parking impact
Heritage impact
Objections from local residents
Submissions
10 submissions were received. Following
the notification of replacement application,
16 submissions were received. 8 out of the
16 have sent their second submissions. In
total, 18 submissions were received.
Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the
estimated cost of work. Where the estimated cost of work is greater than $750,000 or where the
applicant’s estimate is considered to be neither genuine or accurate, the applicant has to provide a
Quantity Surveyor’s report.
2
DA 512/2009/1
30 August 2010
A Quantity Surveyor’s report was provided with this DA which estimates the cost of the proposed
development at $1,568,340.
7.
Physical features
Topography
Existing
buildings and
structures
The subject site is located on the north-eastern side of Oxford Street at the corner with William
Street. The rectangular shaped site has an area of 475m2 with frontages onto both Oxford Street
and William Street.
The subject site falls from the front (southwest) towards the rear (northeast)
Existing on the site is a hotel building known as the Paddington Inn. The building extends to
Victoria Street at the rear and covers the whole of the site. In the main, the building is of three (3)
storeys over a cellar while at the rear it reduces partly to two (2) storeys and, over approximately
25% of the site, to one (1) storey.
The ground floor currently contains all of the public areas of the hotel. These consist of:
the main bar on the corner of William and Oxford Streets;
the Hotels bistro and kitchen, and back bar to the rear of the main bar;
two lounge areas adjoining the bistro; and
a bottle shop fronting Oxford Street.
The first floor currently consists of:
a reception area;
eight offices including the Bistro office, and the Hotel Manager’s offices – 1 and 2;
two store rooms; and
3
DA 512/2009/1
30 August 2010
two bathrooms.
The second floor consists of:
Vodaphone facility;
Four offices;
five storage rooms; and
toilet facilities.
The basement of the Hotel contains storage areas and a cool room. It is accessed via a stair behind
the bottle shop and a delivery hatch is located on the William Street frontage of the Hotel.
The buildings located on the southern side of Oxford Street directly facing the Paddington Inn are
commercial only with no residential above. Residential properties are however found along
William Street and Victoria Street. William Street is also dominated and characterised by retail
and commercial uses within existing terrace houses which mix with the original residential terraces
whereas Oxford Street is the main commercial strip of Paddington with a diversity of commercial
activities including retail shops, cafés, restaurant, hotels/pub and other food outlets.

Environment
The majority of buildings in the area are of two storeys. A few of the commercial buildings are of
more than two storeys. Most of the buildings date from the late 1800s. There are exceptions,
notably, the telecommunications building and the Oxford Towers building, both of which are
located on the south-western side of Oxford Street, directly opposite the site and about 60 metres
west of the Hotel. Oxford Towers is a multi-storey residential flat building that has business
premises on the ground floor.
Existing Hotel building within the Oxford Street strip
Existing frontage upon Oxford Street
View to Paddington Inn at corner of William and
Oxford Streets
View to Paddington Inn at corner of William and
Victoria Streets
4
DA 512/2009/1
30 August 2010
Existing frontage upon William and Oxford Streets
8.
Existing 2 storey terrace house along Victoria Street
PROPERTY HISTORY
Current use
Pre-DA
Amended plans/
PROPERTY HISTORY
Hotel
DA635/2004 and subsequent s96 modifications. Condition 3 of the DA consent
specifies maximum capacity which states:
To ensure compliance with the Building Code of Australia and to maintain
the amenity of the locality, the maximum capacity of the premises,
including patrons, entertainers and staff shall not exceed 300 within the
building including a limit of 100 persons on the first floor indoor lounge
and outdoor terrace area in accordance with Part D1.13 and D1.6 of the
Building Code of Australia.
N/A
N/A
Replacement application was received on 14/5/2010
N/A
9.
REFERRALS
9.1
Referral Officer
Traffic and Parking
Engineer
Environmental
Health Officer
INTERNAL REFERRALS
Comment
it must be conceded that the intensification of site use will attract additional
patrons to the hotel and that even if a small percentage of these patrons travel
by car as revealed by the surveys, there must be some requirement for
additional off-street parking. It is considered unreasonable that the street
system should cater for what is a private development. No off-street carspaces
are proposed. Therefore any intensification of the site use cannot be supported
from this perspective.
Satisfactory
Annexure
2
3
Approval. Subject to conditions.
Heritage Officer
Special Conditions
1. Ground floor west elevation: Where the entry is to be closed with brick the
new brickwork must be set in from outer face of the external wall to align
with the inside face of the external wall. This condition is imposed to
interpret the position of the existing entry.
4
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DA 512/2009/1
Referral Officer
30 August 2010
INTERNAL REFERRALS
Comment
2. The under awning colour scheme must be restored to match the colour
scheme above the awning. This condition is imposed to ensure the Hotel
retains its Victorian character as a whole in light of the contemporary
changes to the character of the whole interior.
Annexure
3. The changes to the northern elevation facing Victoria Street must be deleted
from the plans. This condition is imposed in order to reduce the impact on
the surrounding Victorian terrace houses and to enable the phases of
development of the Hotel to be retained as clearly legible.
Standard Conditions
BB3 Recording Significant and contributory items
Perusal of Council’s property file and CRM database revealed the following
incidents since the approval of DA 635/2004/1:
Compliance Officer
Fire Safety Officer
9.2
April 2008 Surry Hills Licencing Police requested information about the
maximum capacity of the hotel following a complaint about
overcrowding.
May 2006 a complaint was received by Council in relation to very loud music
emanating from the hotel until 1.00am on Friday and Saturday
nights.
Prior to the approval of DA 635/2004, Council received a complaint in May
2003 about noise emanating from the hotel until 3.00am on Sundays, on three
occasions over a six week period. At the time, the approved trading hours were
until 1.00am.
The premises cannot accommodate the proposed number 820 patrons.
5
6
EXTERNAL REFERRALS
External
Referral Body
Licensing Police
of New South
Wales
Reason for referral
Comment
For comment under the
Memorandum of
Understanding – Crime
Prevention Through
Environmental Design
(CPTED)
Police object to this application. Police do not support an increase
in patronage at the Paddington Inn. The continuous incidents of
overcrowding are concerning and indicate an inability to manage a
crowd of 300 patrons let alone an increase to 900. Police do not
believe that the area is designed in such a way to accommodate the
proposed number of patrons. Police do not support any increase in
the extension of an entertainment authority to include other areas of
the premise. Police believe that this will only create greater issues in
relation to noise and impact upon the local amenity. (see Annexure
7 for detailed comments)
10.
STATE/REGIONAL INSTRUMENTS AND LEGISLATION
10.1 SEPPs
Not applicable.
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DA 512/2009/1
30 August 2010
10.2 REPs
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
The land is within the Sydney Harbour catchment but is outside the Foreshores and Waterways
Area and therefore there are no specific matters for consideration in relation to this DA.
10.3 Section 94 contribution
Not applicable.
10.4 Other legislation
Not applicable.
11.
11.1 Aims and objectives of WLEP 1995 and zone
Existing Use Rights
Hotels are prohibited in the Business 3(c) zone. However, under the assessment of previous
development application DA 635/2004 which was approved on 18/7/2005, existing use rights of the
subject site has been established and the existing use has not been abandoned.
Planning Principle
The judgment in Fodor Investments v Hornsby Shire Council (2005) NSWLEC 71, sets out the
planning principle which should be applied in dealing with development applications seeking to
carry out development on the basis of existing use rights.
The four principles adopted by the court in this case will have general application in dealing with
DAs that rely on existing use rights.
The four principles are:
1.
How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the
proposal relate to what is permissible on surrounding sites?
While planning controls, such as height, floor space ratio and setbacks do not apply to sites with
existing use rights; they have relevance to the assessment of applications on such sites. This is
because the controls apply to surrounding sites and indicate the kind of development that can be
expected if and when surrounding sites are redeveloped. The relationship of new development to its
existing and likely future context is a matter to be considered in all planning assessments.
In this circumstance, the relevant numerical controls are the building height (9.5m) and FSR (1:1).
The following table compares the existing development and proposed development.
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DA 512/2009/1
Overall Height (metres)
Floor Space Ratio (m²)
30 August 2010
Existing
15m (Oxford
Street frontage)
6.5m (Victoria
Street frontage)
1180.5m²
(2.48:1)
Proposed
Development
Control
Complies
14.7m (new raised section of roof above
plant room, behind front parapet)
8.15m (Victoria Street frontage)
9.5m
NO
No change
475.8m²
(1.1)
NO
Building height
The existing hotel already exceeds the 9.5m height control. The building height of the proposed
development is up to 14.7m due to the new raised section of roof above the plant room. This part of
the roof, being located being the front parapet, will not significantly increase the bulk of the
building. However, the proposed development will increase the height of the rear wall facing
Victoria Street from 6.5m to 8.15m. Council Heritage Officer provided the following comments:
“The proposed raising of the height of the rear wall facing Victoria Street by 1645mm will
make the existing wall even higher than it is in the context of the surrounding Victorian
terrace houses. It will also change the wall pattern of the rear wing of the hotel which is
currently distinguishable from the later infill facing Victoria Street by the slope of the top of
the parapet and the change in height. Making the whole wall uniform in height will make the
difference between construction phases difficult to interpret.”
The North Elevation below demonstrates that the increase in height to the rear wall is attempting to
match the height of the existing building located on the corner of Victoria Street and William Street
(8.15m).
Rear (north) elevation provided by the applicant. Area in hatched is the proposed increase in height to the
rear wall.
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DA 512/2009/1
30 August 2010
Existing rear wall treatment which demonstrate clearly the later infill to the original hotel building
The original proposal had located a/c condensers to the rear roof which dictated the height of the
rear wall as a means of screening the condensers. On the replacement application, the condensers
were relocated internally on the second floor of the building closer to Oxford Street resulting in a
raised roof over this portion. However, the height of the rear wall has remained unchanged. In that
case, there appears to be no justification for such an increase of the rear wall height.
The proposed increase in height to the rear wall (8.15m high) will represent an unacceptable bulky
structure within the existing Victoria Street context. As a result, the visual quality of the streetscape
along Victoria Street will be diminished.
FSR
The proposed development does not change the FSR of the existing building.
2.
What is the relevance of the building in which the existing use takes place?
Where the change of use is proposed within an existing building, the bulk and scale of that building
are likely to be deemed acceptable, even if the building is out of scale with its surroundings,
because it already exists. However, where the existing building is proposed for demolition, while its
bulk is clearly an important consideration, there is no automatic entitlement to another building of
the same floor space ratio, height or parking provision.
The proposed development does not change the existing use. The existing building is not proposed
to be demolished.
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3.
30 August 2010
What are the impacts on adjoining land?
The impact on adjoining land should be assessed as it is assessed for all development. It is true that
where, for example, a development control plan requires three hours of sunlight to be maintained in
adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on
adjoining rear yards should be reasonable.
The proposed building works will not result in an adverse environmental impact with respect to the
additional FSR. With regard to the impact due to the proposed intensification of use, it has been
further discussed in relevant headings below.
4.
What is the internal amenity?
Internal amenity must be assessed as it is assessed for all development. Again, numerical
requirements for sunlight access or private open space do not apply, but these and other aspects
must be judged acceptable as a matter of good planning and design. None of the legal principles
discussed above suggests that development on sites with existing use rights may have lower amenity
than development generally.
The internal amenity of the proposed development is considered satisfactory.
11.2 Zoning Objectives
Objectives of the Neighbourhood Business 3(c) zone are:
(a) to establish a neighbourhood shopping centre zone which allows a less intensive form of
development than occurs in the main commercial centres and which does not prejudice the
viability of those main centres,
(b) to provide for development of a scale and type compatible with the amenity of the surrounding
residential area, and
(c) to allow for residential development mixed with non-residential purposes in order to promote
urban consolidation.
As this will be further discussed in the later part of this report under relevant headings, the proposed
intensification of use of the existing hotel will result in negative impact upon the amenity of the
surrounding residential area and is considered unacceptable in terms of Objectives (b). For this
reason, the proposal is unsatisfactory in terms of Clause 8(5) and is recommended for refusal.
Clause 18 Excavation: The proposed excavation is acceptable in terms of Clause 18.
Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause
25(1) and (2).
Clauses 26-33 Heritage and conservation area provisions: Due to the increase in rear wall height
as discussed above, the proposal is not considered satisfactory in terms of Clause 28.
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12.
30 August 2010
Not applicable.
13.
13.1 Compliance table Paddington Development Control Plan
Building Setback to Street Frontage
Height of Existing Building at Street
Frontage (metres)
Air Conditioning Condenser Units –
Location:
• From Building Line
• From Public Domain
• From Adjoining Properties
• From Site Boundaries
• From Neighbouring Bedrooms
Existing
Existing Setback
Existing Height
Behind Front B/Line
Not Visible
Not Visible
Min 3.0m
Min 5.0m
Proposed
Control
Maintain Existing
Setback
Maintain Existing
Height
Maintain Existing
Setback
Maintain Existing
Height
Behind Front B/Line
Not Visible
Not Visible
Min 3.0m
Min 5.0m
Behind Front B/Line
Not Visible
Not Visible
Min 3.0m
Min 5.0m
Complies
YES
YES
YES
Principal building form and street front zone of significant buildings (Part 4.1.1)
Council’s Heritage Officer provided the following comments with regard to the principal building
form:
“The works proposed involve alteration to the first and second floors to enable them to be
used as function rooms. Less alteration is proposed on the ground floor which will have a
new stair and a lift to service levels above. Considerable amount of demolition is proposed
particularly on the first floor however this is mitigated by retention of nib walls and beams to
retain a sense of the original building. The proposed changes will completely alter the
remaining original features of the building so that the only Victorian character retained will
be the facades above the awning. The first and second floors have not been used for their
original use as accommodation for many years. The incremental changes to the building over
time have reduced the significance of these spaces.”
As such, the proposal is considered satisfactory in this regard.
Side elevations to streets and lanes (Part 4.1.2)
The proposal involves limited changes to the side elevation upon William Street. It is proposed to
close an existing opening in the William Street facade on the ground level in order to install a lift
shaft. Council’s Heritage Officer provided the following comments:
Whilst this doorway was likely to have been an original entry it has been modified over time.
The plans show the entry bricked up so that the bricks are flush with the outer face of bricks.
The new brick work should be set in to the point where it is behind the existing indented
opening (about 270-300mm) to ensure the original opening can be interpreted.
If the proposal is to be approved, special condition shall be imposed requiring compliance with the
above comments.
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DA 512/2009/1
30 August 2010
Rear elevations, rear additions, significant outbuildings and yards (Part 4.1.3)
This has been discussed in Section 11.1 above. In the regard, the proposal is not considered
acceptable in terms of Objective O2 and Controls C6 and C10. Therefore, the proposal is
recommended for refusal.
Roofs and roof forms (Part 4.1.4)
The roof form of the principle building will not be altered. The new raised section of roof above the
plant room will attain a building height up to 14.7m. However, this part of the roof, being located
being the front parapet, will not significantly increase the apparent bulk of the building. The
proposal is therefore considered satisfactory in this regard.
Site coverage, setbacks and levels (Part 4.1.5)
The site coverage, setbacks and levels will not be changed as a result of the proposal.
Views (Part 4.1.9)
The proposal will not result in any loss of significant public or private views.
Acoustic and visual privacy (Part 4.1.10)
The applicant has submitted an acoustic report prepared by Challis Consulting (Noise Report No
8214-4-809 dated August 2009). The report concludes:
“When correctly implemented, the noise control measures that are currently embodied in
Indyk Architects Drawing Nos DA1.01A through DA1.07B, supplemented by the associated
drawings that have been prepared by Engineering Partners for the proposed second floor gas
fired condensing unit’s acoustical enclosure, should ensure that the proposed refurbishment
of the Paddington Inn will not give rise to any increased noise impact at the facades of any of
the properties facing William Street and Victoria Street Paddington.”
Council’s Health Officer reviewed the report and has no objection to the report’s conclusion.
However, the level of intensification as a result of the proposed 820 people in the hotel is not
acceptable for the reasons outlined throughout this report under the relevant headings. Council Fire
Safety Officer has expressed concern that the premises cannot accommodate the proposed 820
patrons. (refer to Annexure 6 for detailed fire safety comments)
In additional, as advised by NSW Police, the existing hotel fails to manage the licensed premise in
accordance with the conditions upon the liquor licence and the reported incidents further
demonstrates that the management of the hotel is unable to manage the current 300 people as
restricted in the current consent DA635/2004.
As such, the proposal fails to meet Objective O1 and O2 of Part 4.1.10 of the PHCADCP 2008 and
is therefore recommended for refusal.
Access and mobility (Part 4.1.15)
The proposal will construct an internal lift accessing all levels within the building and will assist in
better access and mobility of the existing building.
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DA 512/2009/1
30 August 2010
Windows, doors and shutters and security (Part 4.2.3)
The proposal only involves minor repositioning of existing doors upon William Street. Subject to
condition recommended by Council Heritage Officer, the proposal is considered satisfactory in this
regard.
Satellite dishes, solar devices, air conditioning units, aerials and site facilities (Part 4.2.7)
The proposed additional a/c condensers have been located internally on the second floor of the
building closer to Oxford Street with a raised roof over this portion. These condensers will be
enclosed within a masonry wall and acoustically attenuated as recommended by the acoustic report.
The arrangement of the additional a/c condensers is considered acceptable in this regard.
Advertising signs on buildings (Part 4.2.10)
No new signage is proposed.
Building types (Part 4.3)
The proposal is not considered acceptable in terms of Objective O1 under Part 4.3.8 of the
PHCADCP 2008 and is therefore recommended for refusal.
13.2 DCP for off-street car parking provision and servicing facilities
Objective (i) of the DCP states:
To ensure that developments generating vehicular traffic make adequate provision off the
public street for the car parking and servicing needs of its occupants and users, including
visitors, employees and deliveries.
The subject site does not and will not be able to provide on-site parking spaces. Council’s Traffic
Engineer reviewed the traffic report by Masson Wilson Twiney dated 5th March 2009 and raised
strong opposition to the proposed intensification of the hotel by increasing the number of patrons
from 300 to 820. Council’s Traffic Engineer made the following conclusion:
The proposal heavily relies upon the on street parking surrounding the site to accommodate
the (relatively high) parking demands of the development. As this will adversely affect the
parking availability for the surrounding community it is therefore not supported by Council’s
Traffic Section.
The proposed intensification will result in further demand within the already under pressure onstreet parking spaces. The proposal is not considered acceptable in terms of Objective (i) of the
DCP and is therefore recommended for refusal.
13.3 Woollahra Access DCP
The proposed new lift will provide disabled access to all levels within the building. The ground
floor of the hotel is also levelled with the Oxford Street entrance. Therefore, the proposal is
considered satisfactory in this regard.
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DA 512/2009/1
30 August 2010
Not applicable.
14.
None applicable.
15.
Intensification of Use
The applicant originally sought Council’s consent to increase the maximum number of patron in the
hotel from 300 people (based on development consent to DA635/2004) to 900 people. The Land
and Environmental Court of NSW set out planning principle for assessment of an extension to
intensification of licensed premises in Vinson v Randwick Council [2005] NSWLEC 142 as
follows:
“In Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277, Tuor C considered the principles
to be applied when assessing an application for an extension or intensification of a use which may
have an adverse impact on residential amenity. She said:
25. Principles for the assessment of an extension or intensification of a use which may have
an adverse impact on residential amenity, such as a hotel, are:
• First, is the impact of the operation of the existing use on residential amenity
acceptable?
If the answer is no, then an extension or intensification, would be unacceptable
unless there is no overall increase in impact or there are measures proposed
which would mitigate the existing impact.
•
Second, if the answer is yes, is the impact of the proposed extension or
intensification still acceptable?
26. In answering the first question, it is not sufficient to assume that a use operating in
compliance with its approval has an acceptable impact.”
In assessing the DA with regard to the planning principle, comments from NSW Police are
considered to be the most relevant. NSW Police provided its detailed comments on 18 February
2010, objecting to the original proposal to increase patronage to 900 people.
In its comments, NSW Police highlighted that
“… … it does not believe that a further increase of licensed premises or patron numbers at
existing premises within the Surry Hills Local Area Command will assist in improving the
already negative impact caused by alcohol related incidents but in fact intensify the problem.
For this reason police do not support this application. … … ”
NSW Police provided further site specific comments as follows:
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DA 512/2009/1
30 August 2010
“Patronage and management of the Paddington Inn have still be cause of concern. A number
of police recorded incidents indicate that patron behaviour before and leaving the licensed
premise as well as management of the venue has contributed to adverse incidents.
Venue Analysis:
Police have conducted an analysis of the Paddington Inn. Police looked at all reported
incidents from January 2005 to December 2009. Through the analysis a number of incidents
were identified as having a negative impact on the local amenity, poor management including
overcrowding, patron behaviour and incidents requiring police intervention.
Venue Management:
The management of the Paddington Inn has not been able to display a consistent approach to
adhering to liquor legislation and Development Consent requirements. Mot notably are the
continual incidents of overcrowding at the premise. Overcrowding is a major concern. It is
potentially a huge safety risk to patrons and staff at the premises and bring into question the
management capabilities of the venue. This issue has been raised with management of the
premise previously but has continued to occur.
Also of concern has been the inability or unwillingness to assist police in certain incidents.
Certain police reports in the analysis have shown incidents where police have identified an
issue and enquiries have been met with indifference or hostility. Police have been forced on
multiple occasions to intervene in incidents of poor management such as patrons standing on
the roadway outside the premise and blocking the footpath. Other reports have indicated
[poor quality footage being available to assist in investigation of adverse incidents and the
licensee hindering a police investigation.
Certain conditions upon the liquor licence of the Paddington Inn are designed to ensure that
the local amenity is maintained. This includes the following condition:
That not less than two (2) independent, properly attired security personnel, suitably
identified, will be engaged to patrol the area in the vicinity of the premises, in
particular, the patrol in William Street is to extend to the intersection of that street with
Underwood Street, on the nights that extended hours are exercised, to ensure that
patrons do not loiter or linger in that area or cause nuisance or annoyance to the
neighbourhood. The patrols will commence at 10.30pm on nights other than Sunday
and at 10.00pm on Sunday and continue until the last patrons have left the vicinity of
the premises. The patrols along William Street are to be conducted at least every
(fifteen) 15 minutes.
This condition has not been strictly adhered to. When management was spoken to in relation
to the condition they stated they were not even aware of it.
Patron Behaviour:
… … The location of the Paddington Inn in relation to residential properties creates a high
risk of residents being unduly disturbed by rowdy patrons conducting themselves adversely.
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DA 512/2009/1
30 August 2010
Police analysis identified numerous adverse incidents involving the behaviour of patrons
outside the Paddington Inn. Police reports included incidents of patrons urinating on the
street, damaging property after leaving the premise, fighting on Oxford Street and William
Street, yelling and swearing as well inciting security and other patrons.
The adverse behaviour of patrons at the Paddington Inn has been prevalent throughout the
entire period of the analysis. The poor behaviour was reported at an increased rate through
2009, indicating that there had been no improvement over time.
Summary
Police object to this application. … … The continuous incidents of overcrowding are
concerning and indicate an inability to manage a crowd of 300 patrons let along an increase
to 900. … … Police do not support any increase in the extension of an entertainment
authority to include other areas of the premise. … …”
NSW Police advised that its position has been maintained for the replacement application even
though the proposed increase of patron has been reduced to 820 people. For the list of reported
incidents, refer to Annexure 7.
The above comments from NSW Police clearly demonstrate that the impact of the operation of the
existing use on residential amenity is not acceptable.
Accordingly, the answer to the first question of the planning principle is “No”. The principle then
says:
If the answer is no, then an extension or intensification, would be unacceptable unless there is
no overall increase in impact or there are measures proposed which would mitigate the
existing impact.
In view of the above, it is concluded that the proposal fails to satisfy the planning principle set out
in Vinson v Randwick Council [2005] NSWLEC 142. For this reason, the DA is recommended for
refusal.
Fire Safety
Council’s Fire Safety Officer advised that the premises cannot accommodate the proposed number
820 patrons. In accordance with the requirements of Clause D1.13 of the BCA, the maximum
number of patrons allowed onto the premises at any one time shall be limited to five hundred and
fifty six (556). For this reason, the proposal is recommended fore refusal.
16.
The site is not suitable for the proposed development for the reason outlined in the report.
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DA 512/2009/1
17.
30 August 2010
SUBMISSIONS
In accordance with clause 4.5 of Woollahra Municipal Council’s development Control Plan for
Advertising and Notification of Development Applications and Applications to Modify
Development Consents, the applicant has completed the statutory declaration [see correspondence
on file dated 16 November 2009] declaring that the site notice for DA 512/2009/1 at 338 Oxford
Street, Paddington was erected and maintained during the notification period in accordance with the
requirements of the DCP.
Notifications DCP. Submissions were received from:
•
•
•
•
•
•
•
•
•
•
Clem Strain of No. 18 William Street, Paddington
Petra O’Neill of No. 49 William Street, Paddington
Suzanne and Piers Akerman of No. 83 Stafford Street, Paddington
Kate MacDonald of 1/26 William Street, Paddington
Mr A J Cosgriff and Ms S J Pryor of No. 11 Victoria Place, Paddington
Peter Clymo and Debra Clymo of No. 22-24 William Street, Paddington
Thomas Wilson of No. 16 Victoria Street, Paddington
Angelique Macarounas of No. 37 Hopetoun Street, Paddington
Elizabeth Gervay and Robert Grimm owners of No. 10 Albert Street and 52 Victoria Street,
Paddington
Paddington Society
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Unacceptable level of intensification of use to the existing hotel
Unacceptable traffic impacts to the area inadequate (or no) parking is provided
The traffic provided by the applicant is flaw
Loud music and people noise from the existing hotel are already causing nuisance to local
residents. Increased noise due the proposed increased patrons to the hotel will further impact
upon the local amenity.
Increased anti-social behaviour
Unacceptable hotel management in the past demonstrates that the management will not be able
to handle the increase in patronage to the hotel
Liquor licence and DA conditions have not been adhered or complied with
The existing hotel has been continuously overcrowded
Security guards do not do their duties rather than opening the doors for patrons
The subject property is no longer a local hotel but has turned to entertainment venue resulting
in additional pressure on valuable and limited on-street parking for local residents
The proposed 900 people will exceed the BCA’s requirements
Locating the existing door further down William Street will induce more people lingering
around the nearby residential properties along William Street and Victoria Street.
Heritage impact to the building as well as the heritage conservation area as a whole.
The new large gas fired a/c equipment on the roof adjacent to Victoria Street, without the
proposed increase in height of the rear wall, will be visible from neighbouring properties
The proposed increase in height of the rear wall by 1.65m will destroy the form of the rear wing
and will be too high relative to its neighbours on Victoria Street
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DA 512/2009/1
30 August 2010
General comments:
The above issues are acknowledged and have been discussed under relevant headings of this report.
The proposal is not considered acceptable and is recommended for refusal.
Assessment Regulation 2000) was renotified. Further submissions were received from:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Clem Strain of No. 18 William Street, Paddington
Angelique Macarounas of No. 37 Hopetoun Street, Paddington
Anne Morrison of No. 26 Hopetoun Street, Paddington
Petra O’Neill of No. 49 William Street, Paddington
Adam Dixon of No. 32 William Street, Paddington
Peter Clymo and Debra Clymo of No. 22-24 William Street, Paddington
John Anderson of No. 3 Belmore Place, Paddington
Thomas Wilson of No. 16 Victoria Street, Paddington
Michele Bussell of No. 7 William Street, Paddington
Elizabeth Gervay and Robert Grimm owners of No. 10 Albert Street and 52 Victoria Street,
Paddington
Carole Norwood of No. 67 Underwood Street, Paddington
Ulla Jameson of No. 70 Underwood Street, Paddington
Niles Little of No. 9 Paddington Street, Paddington
Suzanne and Piers Akerman of No. 83 Stafford Street, Paddington
Josi Loche of No. 6 Albert Square, Paddington
Paddington Society
The objections raised the following further issues:
•
The reduction of patron number by merely 80 people (to 820) is disgraceful and is insulting the
hotel’s neighbours and Council
General comments:
This is acknowledged, as discussed throughout this report under relevant headings, the proposed
number of patrons as reduced to 820 is still unacceptable. The proposal is recommended for
refusal.
18.
The proposal is unacceptable against the relevant considerations under s79C and would not be in
the public interest.
19.
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DA 512/2009/1
20.
30 August 2010
THAT Council, as the consent authority, refuse development consent to Development Application
No. 512/2009 for major alterations to the first to change existing offices to bar, lounges, open
terrace, toilet, internal stairs, lift to all floors, minor alterations to ground floor including
repositioning of entrance from William Street, new gas fired air-conditioning condenser (within
building), increase in the maximum capacity of the hotel from 300 to 820 people (initially proposed
at 900 people) on land at 338 Oxford Street Paddington, for the following reasons:
1.
Woollahra Local Environmental Plan 1995 – Zoning Objectives
In accordance with Clause 8(5) of the Woollahra Local Environmental Plan 1995 in that the
proposed intensification of use of the existing hotel will result in negative impacts upon the
amenity of surrounding residential area and contravene Objectives (b) of the Neigbourhood
Business 3(c) zone.
2.
Woollahra Local Environmental Plan 1995 – Clause 28: Heritage Conservation Area
The proposal is not considered acceptable in terms of Clause 28 of the Woollahra Local
Environmental Plan 1995 in that the proposed increase in rear wall height will result in an
adverse impact upon the Paddington Heritage Conservation Area.
3.
Planning Principle
The proposal fails to satisfy the planning principle set out in Vinson v Randwick Council
[2005] NSWLEC 142. The proposed intensification to increase patron number to 820 people
will result in adverse amenity impacts upon local residents and is not considered acceptable.
4.
Paddington Heritage Conservation Area Development Control Plan 2008
(a)
(b)
(c)
5.
The proposal is not considered acceptable in terms of Objective O2 and Controls C6 and
C10 of Part 4.1.3 – Rear elevations, rear additions, significant outbuildings and yards of
the Paddington Heritage Conservation Area Development Control Plan 2008.
The proposal is not considered acceptable in terms of Objectives O1 and O2 of Part
4.1.10 – Acoustic and visual privacy of the Paddington Heritage Conservation Area
Development Control Plan 2008.
The proposal is not considered acceptable in terms of Objective O1 of Part 4.3.8 –
Hotels of the Paddington Heritage Conservation Area Development Control Plan 2008.
Development Control Plan for Off-Street Parking Provision and Servicing Facilities
The proposal is not considered acceptable in terms of Objective (i) of Woollahra
Development Control Plan for Off-Street Parking Provision and Servicing Facilities.
6.
Building Codes of Australia
The proposal does not comply with the fire safety requirements set out in Clause D1.13 of the
Building Codes of Australia.
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DA 512/2009/1
7.
30 August 2010
Public Interest
The proposal is not in the public interest.
Mr T Wong
George Fotis
TEAM LEADER
ANNEXURES
1.
2.
3.
4.
5.
6.
7.
Referral Response – Technical Services
Referral Response – Health
Referral Response – Heritage
Referral Response – Compliance Officer
Referral Response – Fire Safety
Comments from NSW Police – letter dated 18/2/2010 and email dated 26/3/2010
20
DA 525/2009/1
36 Wallis Street WOOLLAHRA
30 August 2010
ITEM No.
D7
FILE No.
DA 527/2009/1
PROPERTY DETAILS
Lot & DP No.:
Side of Street:
Site Area (m²):
Zoning:
LOT: B DP: 432825
North
132.8m2
Residential 2(a)
TYPE OF CONSENT:
Alterations and additions including a loft addition to the garage,
extension to the first floor and rear level changes
Local
APPLICANT:
Mr I M Webber
OWNER:
Mr I M Webber
DATE LODGED:
19/10/2009 (Original submission)
22/01/10, 16/04/10, 30/06/10 and 18/08/10 (Amended plans)
06/07/10, 12/08/10 and 18/08/10 (Amended shadow diagrams)
Ms S Court
PROPOSAL
AUTHOR:
1.
PREAMBLE
At its meeting of 2 August 2010, the Development Control Committee resolved to defer the
determination of this application as follows:THAT the Council, defer Development Application No. 527/2009 for alterations and additions
including a loft addition to the garage, extension to the first floor and rear level changes on
land at 36 Wallis Street Woollahra, at the applicant’s request to a future Development
Control Committee.
At this meeting, the applicant provided an amended set of drawings detailing changes to the first
floor addition. The application was deferred in order to allow the consideration of these amended
plans by Council’s planning staff.
On Friday 6 August, a site inspection was carried out by David Waghorn to ascertain the extent of
view loss to the adjoining property owner at 38 Wallis Street. At the site visit it was established that
there would be no impact on views if the rear balcony were deleted and the first floor extension to
the rear was reduced by an additional 250mm.
On 18 August, the applicant submitted amended plans (revision J) which detailed modifications to
the first floor addition, detailed as follows:
•
•
•
Deletion of the rear facing balcony at first floor level;
Reduction in the extension of the first floor extension by an additional 250mm;
Addition of windows to the first floor rear elevation with fixed panes at the lower level.
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DA 525/2009/1
30 August 2010
These plans supersede the revision E plans previously submitted to DCC on 2 August 2010.
Additional shadow diagrams were also supplied by the applicant to incorporate the levels for the
adjoining property, 38 Wallis Street, and illustrate the impact of the existing boundary fence
between 38 and 40 Wallis Street and the proposed 3.0m roll out awning to the subject site.
2.
ASSESSMENT OF AMENDED PLANS AND ISSUES
2.1
First Floor Addition
In the late correspondence submitted by the applicant on 28 July 2010, it was formally requested
that the proposed extension be amended by deleting the proposed balcony.
A site inspection was carried out on Friday 6 August to ascertain the impact on view loss that this
amendment would have on the adjoining property, 38 Wallis Street.
It was established that by deleting the balcony and restricting the extension to 750mm, there would
be no view loss resulting from the proposed development, as depicted in the below photographs.
Best case scenario resulting
from a 750mm extension
Worst case scenario resulting
from a 750mm extension
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DA 525/2009/1
30 August 2010
With regard to the privacy impact on 38 Wallis Street, it is considered that the replacement of the
balcony with windows will result in a substantial improvement to the privacy of the adjoining
dwelling. The proposed windows will not allow for backwards viewing to the balcony of 38 Wallis
Street and the eastern setback, which is maintained for the length of the first floor extension, will
ensure that overlooking to the rear private open space of 38 Wallis Street is minimised.
Amended plans (revision J, dated 18.08.10) have been submitted illustrating the deletion of the
balcony and the reduced extension to 750mm.
Subject to Condition A.1 the modified first floor extension is deemed acceptable with regard to
view loss and privacy.
2.2
Loft Addition – Overshadowing
The adjoining neighbour (38 Wallis Street) has disputed the applicant’s claim that they comply with
Council’s solar access requirements. Furthermore, it has been stated that the dimensions of the
adjoining site have been calculated incorrectly.
A site visit has confirmed that the rear open space of 38 Wallis Street measures 3.7m in width and
10.3m in length, equating to a total of 38.1m2. This is the same as detailed on the survey submitted
by the applicant.
The amended shadow diagrams illustrate the impact of the loft addition, taking into account the
existing ground levels at 38 Wallis Street and the boundary fencing between 38 and 40 Wallis
Street. These shadow diagrams indicate the following levels of sunlight access afforded to the
neighbouring site (38 Wallis Street) as a result of the proposal:
•
•
•
•
•
•
•
4% sunlight received (1.6m2) at 9am
o Situation as existing - no additional overshadowing
o Situation as existing – no additional overshadowing
48% sunlight received (18.2m2) at 12pm
o Additional overshadowing equivalent to approximately 0.9m2
o Additional overshadowing equivalent to approximately 0.15m2
C8 of part 3.4.4 of the WHCA DCP stipulates that at least 50% of the main private open space of
adjoining properties is to receive a minimum of two hours of sunlight between the hours of 9am and
3pm on June 21. The control also states that where existing overshadowing is non-compliant,
sunlight is not to be further reduced.
Although previously stated that the adjoining site (38 Wallis Street) complied with this requirement,
the amended shadows indicate that compliance is not achieved. However, the non-compliance is
nominal, falling short by less than 1m2 between 11am and 1pm. Furthermore between these hours
overshadowing will not be further exacerbated by the proposed development due to the orientation
of the site.
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DA 525/2009/1
30 August 2010
The additional overshadowing between 2pm and 3pm is also limited to less than 1m2 representing
approximately 2% (at 2pm) and 0.4% (at 3pm) of the total area of private open space to the rear.
This is considered to be a negligible consequence of the development which is unlikely to have an
adverse impact on the adjoining property owner.
C 13 of part 3.4.9 states that loft structures will not be permitted if there is an adverse impact on the
amenity of adjoining property, including solar access. It is not considered that the additional
overshadowing, which is deemed negligible, equates to an adverse impact on the adjoining
property.
2.3
Roll out awning
The neighbouring property at 38 Wallis Street has objected to the proposed roll out awning on the
basis that it will cause additional overshadowing and bulk to the proposal.
Condition C.1 (b) was initially recommended in response to the objector’s issues and required the
proposed awning to be restricted to 2 metres in length in line with the State Environmental Planning
Policy for Exempt and Complying Development.
However, the amended shadow diagrams indicate that the proposed awning will result in negligible
additional overshadowing at 2pm. The objectors argument of bulk is not supported given the
awning is a non-permanent structure and located at ground floor level, just above the height of the
existing boundary fence.
2.4
Wardrobe windows
The objection originally submitted by the adjoining neighbour (38 Wallis Street) raised concern
over privacy issues arising from the proposed wardrobe window. The privacy impact was deemed
to be insignificant and no objection was raised to its insertion.
However, the applicant has stated that the changes to the first floor addition have resulted in a need
to redesign the bedroom and wardrobe space. It is preferable from the applicant’s point of view to
remove both the proposed and the existing wardrobe windows and instead, install a skylight
window to provide natural light into the space.
Accordingly, Condition C.1 recommends the incorporation of these changes which will both
satisfy the objector’s initial concerns and provide a positive outcome for the applicant.
3.
NOTIFICATION
4.
Application No. 527/2009 for alterations and additions including a loft addition to the garage,
extension to the first floor and rear level changes on land at 36 Wallis Street Woollahra, subject to
the following conditions:
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DA 525/2009/1
A.
30 August 2010
General Conditions
A.1 Conditions
Act.
A.2 Definitions
•
•
•
•
•
•
5
DA 525/2009/1
30 August 2010
Applicant.
•
•
•
•
•
•
•
•
land,
•
•
Reference
Description
Author/Drawn
Date(s)
A2/01, A2/02.1, A2/02.2, A2/03,
A2/04, A2/05, A2/06 (all Issue J)
A74900
Architectural Plans
T01 Architecture & Interiors
18.08.10
BASIX Certificate
20 Jan 2010
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DA 525/2009/1
30 August 2010
The owner must procure the repair, replacement or rebuilding of all road pavement, kerb,
gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent
or as a consequence of work under this consent. Such work must be undertaken to Council's
satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and
Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these
conditions at the owner’s expense.
Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and
preserve public infrastructure from damage or affect their liability for any damage that occurs.
A.5 Prescribed Conditions
B.
construction
building the demolition of any part of a building is "commencement of erection of building"
pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part
D of this consent must be satisfied prior to any demolition work. This includes, but is not
limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of
Commencement under the Act.
Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.
C.
Conditions which must be satisfied prior to the issue of any construction certificate
The approved plans and the Construction Certificate plans and specification, required to be
submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the
following amendments:
a)
b)
c)
The height of boundary fencing to the rear is to remain as existing
The existing and proposed windows to the walk in wardrobe at first floor level are to be
removed.
A skylight is to be provided over the walk in wardrobe at first floor level. The skylight
must:
i.
ii.
iii.
Be of a low profile;
Be flush with the roof surface;
Not be visible from the public domain;
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DA 525/2009/1
iv.
v.
30 August 2010
Have a frame colour which matches the surrounding roof colour; and
Be no greater than 6m2 in area (25% of the roof surface)
this consent.
original receipt(s) for the payment of all of the following levy, security, contributions, and
fees prior to the issue of a construction certificate, subdivision certificate or occupation
certificate, as will apply.
Description
Amount
Indexed
Council
Fee Code
LONG SERVICE LEVY
Contact LSL
Long Service Levy
Corporation or use
No
online calculator
SECURITY
$4,000
No
T115
the Council
INSPECTION FEES
$175
No
T16
$4,175
TOTAL SECURITY, CONTRIBUTIONS,
plus any relevant indexed amounts and long service levy
LEVIES AND FEES
The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act,
1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any
Construction Certificate. The Levy can be paid directly to the Long Services Payments Corporation or to
Council. Further information can be obtained from the Long Service Payments Corporation’s website
http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41.
•
•
•
8
DA 525/2009/1
30 August 2010
•
•
•
•
•
The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council
on completion of the development or no earlier than 12 months from the provision of the guarantee
whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with an expiry date is
not acceptable];
The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other
person who provided the guarantee and without regard to any dispute, controversy, issue or other matter
relating to the development consent or the carrying out of development in accordance with the
development consent;
The bank guarantee is lodged with the Council prior to the issue of the construction certificate; and
The bank’s obligations are discharged when payment to the Council is made in accordance with the
guarantee or when Council notifies the bank in writing that the guarantee is no longer required.
The applicant must submit to the Certifying Authority BASIX Certificate No.A74900 with any
application for a Construction Certificate.
Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new
BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX
commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation)
the applicant will be required to submit an amended development application to Council pursuant to
section 96 of the Act.
All commitments in the BASIX Certificate must be shown on the Construction Certificate
plans and specifications prior to the issue of any Construction Certificate.
Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying
authority must not issue a construction certificate for building work unless it is satisfied of the following
matters: (a1) that the plans and specifications for the building include such matters as each relevant
BASIX certificate requires,"
A certificate from a professional engineer (Structural Engineer), certifying the adequacy of
the existing supporting structure to support the additional loads proposed to be imposed by the
development, must be submitted with the Construction Certificate application.
Note: This condition is imposed to ensure that the existing structure is able to support the additional loads
proposed.
Regulation, must include detailed professional engineering plans and/or specifications for all
structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work
complying with this consent, approved plans, the statement of environmental effects and
supporting documentation.
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DA 525/2009/1
30 August 2010
C.6 Light & Ventilation
Certifying Authority pursuant to clause 139 of the Regulation, must detail all a lighting,
mechanical ventilation or air-conditioning systems complying with Part F.4 of the BCA or
clause 3.8.4 and 3.8.5 of the BCA Housing Provisions, inclusive of AS 1668.1, AS 1668.2 and
AS/NZS 3666.1. If an alternate solution is proposed then the Construction Certificate
application must include a statement as to how the performance requirements of the BCA are
to be complied with and support the performance based solution by expert evidence of
suitability. This condition does not set aside the mandatory requirements of the Public Health
(Microbial Control) Regulation2000 in relation to regulated systems. This condition does not
set aside the effect of the Protection of the Environment Operations Act 1997 in relation to
offensive noise or odour.
Note: Clause 98 of the Regulation requires compliance with the BCA. Clause 145 of the Regulation prevents
the issue of a Construction Certificate unless the Accredited Certifier/Council is satisfied that compliance
has been achieved. Schedule 1, Part 3 of the Regulation details what information must be submitted with
any Construction Certificate. It is the Applicant's responsibility to demonstrate compliance through the
Construction Certificate application process. Applicants must also consider possible noise and odour
nuisances that may arise. The provisions of the Protection of the Environment Operations Act 1997 have
overriding effect if offensive noise or odour arises from the use. Applicant's must pay attention to the
location of air intakes and air exhausts relative to sources of potentially contaminated air and
neighbouring windows and air intakes respectively, see section 2 and 3 of AS 1668.2.
Standard Condition C59
C.7 Bicycle, Car and Commercial Parking Details
Regulation, must include detailed plans and specifications for all bicycle, car and commercial
vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking
Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS
2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively.
Access levels and grades must comply with access levels and grade required by Council under
the Roads Act 1993.
The Certifying Authority has no discretion to reduce or increase the number or area of car
parking or commercial parking spaces required to be provided and maintained by this consent.
C.8 Stormwater discharge to existing Stormwater Drainage System (Clause 25(2) WLEP
1995)
Regulation, must detail:
a)
b)
c)
The location of the existing Stormwater Drainage System including all pipes, inspection
openings, surface drains, pits and their discharge location,
The state of repair of the existing Stormwater Drainage System,
Any remedial works required to upgrade the existing Stormwater Drainage System to
comply with the BCA,
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DA 525/2009/1
d)
e)
f)
g)
h)
30 August 2010
Any remedial works required to upgrade the existing Stormwater Drainage System
crossing the footpath and any new kerb outlets,
Any new Stormwater Drainage System complying with the BCA,
Interceptor drain(s) at the site boundary to prevent stormwater flows from the site
crossing the footpath,
Any rainwater tank (See Note below) required by BASIX commitments including their
overflow connection to the Stormwater Drainage System, and
General compliance with the Council’s draft Development Control Plan Stormwater
Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14/12/2006)
Where any new Stormwater Drainage System crosses the footpath area within any road,
separate approval under section 138 of the Roads Act 1993 must be obtained from Council for
those works prior to the issue of any Construction Certificate.
All Stormwater Drainage System work within any road or public place must comply with
Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous
Works dated January 2003.
Note: Clause F1.1 of Volume 1 and Part 3.1.2 of Volume 2 of the BCA provide that stormwater drainage
complying with AS/NZS 3500.3 Plumbing and drainage - Part 3: Stormwater drainage is deemed-tosatisfy the BCA. Council’s specifications apply in relation to any works with any road or public place.
Note: The collection, storage and use of rainwater is to be in accordance with Standards Australia HB230-2008
“Rainwater Tank Design and Installation Handbook”.
Note: Stormwater Drainage Systems must not discharge to any Sewer System. It is illegal to connect
stormwater pipes and drains to the sewerage system as this can overload the system and cause sewage
overflows. See:
http://www.sydneywater.com.au/Publications/Factsheets/SewerfixLookingAfterYourSewerPipes
Note: Woollahra Municipal Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated
January 2003 and Council’s draft Development Control Plan Stormwater Drainage Management (Draft
Version 1.1, Public Exhibition Copy dated 14/12/2006) can be downloaded from Council’s website:
www.woollahra.nsw.gov.au
D.
Conditions which must be satisfied prior to the commencement of any development
work
D.1 Compliance with Building Code of Australia and insurance requirements under the
Home Building Act 1989
For the purposes of section 80A (11) of the Act, the following conditions are prescribed in
a)
b)
that the work must be carried out in accordance with the requirements of the Building
Code of Australia,
in the case of residential building work for which the Home Building Act 1989 requires
there to be a contract of insurance in force in accordance with Part 6 of that Act, that
such a contract of insurance is in force before any building work authorised to be
carried out by the consent commences.
a)
b)
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 (4),
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DA 525/2009/1
30 August 2010
In this condition, a reference to the BCA is a reference to that code as in force on the date the
application for the relevant construction certificate is made.
insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all
building work with respect to compliance with the Building Code of Australia.
Security fencing must be provided around the perimeter of the development site, including
any additional precautionary measures taken to prevent unauthorised entry to the site at all
times during the demolition, excavation and construction period. Security fencing must be the
equivalent 1.8m high chain wire as specified in AS 1725.
Where the development site adjoins a public thoroughfare, the common boundary between
them must be fenced for its full length with a hoarding, unless the least horizontal distance
between the common boundary and the nearest parts of the structure is greater than twice the
height of the structure. The hoarding must be constructed of solid materials (chain wire or the
like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.
common boundary then, in addition to the hoarding required above, the footpath must be
covered by an overhead protective structure and the facing facade protected by heavy-duty
scaffolding, unless either:
a)
b)
The vertical height above footpath level of the structure being demolished is less than
4.0 m; or
The least horizontal distance between footpath and the nearest part of the structure is
greater than half the height of the structure.
The overhead structure must consist of a horizontal platform of solid construction and vertical
supports, and the platform must:
a)
b)
Extend from the common boundary to 200mm from the edge of the carriageway for the
full length of the boundary;
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DA 525/2009/1
c)
d)
30 August 2010
Terminate 200mm from the edge of the carriageway (clearance to be left to prevent
impact from passing vehicles) with a continuous solid upstand projecting not less than
0.5 m above the platform surface; and
Together with its supports, be designed for a uniformly distributed live load of not less
than 7 kPa.
The principal contractor or owner builder must pay all fees associated with the application
and occupation and use of the road (footway) for required hoarding or overhead protection.
The principal contractor or owner builder must ensure that Overhead Protective Structures
are installed and maintained in accordance with WorkCover NSW Code of Practice Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995.
This can be downloaded from:
http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstr
ucts.htm.
Security fencing, hoarding and overhead protective structure must not obstruct access to
utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the
like.
Note: The principal contractor or owner must allow not less than two (2) weeks from the date of making a
hoarding application for determination. Any approval for a hoarding or overhead protection under the
Roads Act 1993 will be subject to its own conditions and fees.
D.3 Site Signs
The Principal Contractor or owner builder must ensure that the sign/s required by clauses
98A and 227A of the Regulation is/are erected and maintained at all times.
Erection of signs
•
For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed
as conditions of a development consent for development that involves any building work, subdivision
work or demolition work.
•
A sign must be erected in a prominent position on any site on which building work, subdivision `work or
demolition work is being carried out:
a.
showing the name, address and telephone number of the principal certifying authority for the
work, and
b.
showing the name of the principal contractor (if any) for any building work and a telephone
number on which that person may be contacted outside working hours, and
c.
•
Any such sign is to be maintained while the building work, subdivision work or demolition work is being
carried out, but must be removed when the work has been completed.
•
This clause does not apply in relation to building work, subdivision work or demolition work that is
carried out inside an existing building that does not affect the external walls of the building.
•
This clause does not apply in relation to Crown building work that is certified, in accordance with section
116G of the Act, to comply with the technical provisions of the State’s building laws.”
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DA 525/2009/1
30 August 2010
demolition work authorised to be carried out on a site by a development consent or complying development
certificate:
•
Each such person MUST ensure that a rigid and durable sign showing the person’s identifying particulars
so that they can be read easily by anyone in any public road or other public place adjacent to the site is
erected in a prominent position on the site before the commencement of work, and is maintained on the
site at all times while this clause applies until the work has been carried out.
Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder
who must ensure that the sign is erected and maintained as required by Clause 98A and Clause 227A of
the Regulation.
involved in the erection or demolition of a building is being carried out, at the rate of one
toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided:
a)
b)
c)
d)
if connection to a public sewer is not practicable, to an accredited sewage management
facility approved by the council, or
if connection to a public sewer or an accredited sewage management facility is not
practicable, to some other sewage management facility approved by the council.
The provision of toilet facilities in accordance with this condition must be completed before
any other work is commenced.
In this condition:
Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a
sewage management facility that is installed or constructed to a design or plan the subject of a
certificate of accreditation referred to in clause 95B of the Local Government (Approvals)
Regulation 1993.
approved by the council means the subject of an approval in force under Division 1 of Part 3
of the Local Government (Approvals) Regulation 1993.
public sewer has the same meaning as it has in the Local Government (Approvals) Regulation
1993.
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30 August 2010
D.5 Building - Construction Certificate, Appointment of Principal Certifying Authority,
Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)
commenced until:
a)
Certifier, and
b)
•
•
c)
the principal certifying authority has, no later than 2 days before the building work
commences:
•
Notified the consent authority and the council (if the council is not the consent
authority) of his or her appointment, and
•
Notified the person having the benefit of the development consent of any critical
stage inspections and other inspections that are to be carried out in respect of the
building work, and
d)
The person having the benefit of the development consent, if not carrying out the work
as an owner-builder, has:
•
Appointed a principal contractor for the building work who must be the holder of
a contractor licence if any residential building work is involved, and
•
•
Unless that person is the principal contractor, notified the principal contractor of
any critical stage inspections and other inspections that are to be carried out in
•
Given at least 2 days’ notice to the council of the person’s intention to commence
the erection of the building.
Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure
or part of a structure.
Note: new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an
extension to, an existing building.
Note: The commencement of demolition works associated with an altered portion of, or an extension to, an
existing building is considered to be the commencement of building work requiring compliance with
section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition
work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC
125.
Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can
be downloaded from Council’s website www.woollahra.nsw.gov.au .
Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in
breach of section 81A(2) of the Act.
a)
For the purposes of section 80A (11) of the Act, the requirements of this condition are
prescribed as conditions of a development consent for development that involves any
residential building work within the meaning of the Home Building Act 1989.
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DA 525/2009/1
b)
c)
d)
30 August 2010
Residential building work within the meaning of the Home Building Act 1989 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 following
information:
•
In the case of work for which a principal contractor is required to be appointed:
the name of the insurer by which the work is insured under Part 6 of that
Act,
•
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 the residential building work are changed while the work is in
progress so that the information notified under subclause (2) becomes 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.
accordance with section 116G of the Act, to comply with the technical provisions of the
State’s building laws.
E.
E.1 Compliance with Building Code of Australia and insurance requirements under the
a)
b)
That the work must be carried out in accordance with the requirements of the Building
Code of Australia,
In the case of residential building work for which the Home Building Act 1989 requires
a)
b)
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 (4) of the
Regulation, or
In this clause, a reference to the BCA is a reference to that Code as in force on the date the
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DA 525/2009/1
30 August 2010
Demolition of buildings and structures must comply with Australian Standard AS 2601—
1991: The Demolition of Structures, published by Standards Australia, and as in force at 1
July 1993.
Critical stage inspections must be called for by the principal contractor or owner builder as
required by the PCA, any PCA service agreement, the Act and the Regulation.
purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service
Agreement.
Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be
satisfied that work is proceeding in accordance with this consent.
Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates, survey
reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter
relevant to the development.
a)
b)
c)
d)
e)
No work must take place before 7am or after 1pm any Saturday, and
No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering
or bulk excavation of land or loading of material to or from trucks must take place
before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday.
No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering
or bulk excavation of rock, must occur without a 15 minute break every hour.
This condition has been imposed to mitigate the impact of work upon the amenity of the
neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour,
traffic and parking impacts.
Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in
particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to
these activities. This more invasive work generally occurs during the foundation and bulk excavation
stages of development. If you are in doubt as to whether or not a particular activity is considered to be
subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please
consult with Council.
Note: Each and every breach of this condition by any person may be subject to separate penalty infringement
notice or prosecution.
Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA
and Police restrictions on their movement out side the approved hours of work will be considered on a
case by case basis.
offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of
the Environment Operations (Noise Control) Regulation 2000.
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30 August 2010
a)
b)
Where located on the road it is located only in a positions where a vehicle may lawfully
park in accordance with the Australian Road Rules to the extent they are adopted under
the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.
Note: Waste storage containers must not be located on the footpath without a site specific activity approval.
Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of
any trip hazards.
There must be no burning of any waste or other materials. The burning of CCA (copper
chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW.
All burning is prohibited in the Woollahra local government area.
Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all
burning (including burning of vegetation and domestic waste) is prohibited except with approval. No
approval is granted under this consent for any burning.
E.7 Dust Mitigation
Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site”
published by the Southern Sydney Regional Organisation of Councils.
a)
b)
c)
d)
e)
f)
g)
Landscaping incorporating trees, dense shrubs and grass being implemented as soon as
practically possible to minimise dust.
Note: Special precautions must be taken when removing asbestos or lead materials from development sites.
Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au .
Other specific condition and advice may apply.
Note: Demolition and construction activities may affect local air quality and contribute to urban air pollution.
The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when
spraying for pest management. Precautions must be taken to prevent air pollution.
The principal contractor or owner builder and any other person acting with the benefit of this
consent must:
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DA 525/2009/1
30 August 2010
footway.
a)
b)
c)
d)
Not use the road or footway for the storage of any article, material, matter, waste or
thing.
This condition does not apply to the extent that a permit or approval exists under the section
73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the
Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time
compliance is required with:
a)
b)
Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all
relevant parts of this set of standards.
Australian Road Rules to the extent they are adopted under the Road Transport (Safety
and Traffic Management) (Road Rules) Regulation 1999.
Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close
any road or road related area to traffic during any temporary obstruction or danger to traffic or for any
temporary purpose. Any road closure requires Police approval.
•
•
•
•
•
Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only
with the prior approval of the council including:
•
•
a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle
projecting over the footway
b. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to
overhang any part of the road or outside a shop window or doorway abutting the road, or hang
an article beneath an awning over the road.”
c. Any work in, on or over the Road or Footway requires Council Approval and in the case of
classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road
uses as a footway.
a)
b)
c)
d)
e)
f)
Dust controls,
Noise controls;
Ablutions;
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30 August 2010
F.
Conditions which must be satisfied prior to any occupation or use of the building (Part
4A of the Act and Part 8 Division 3 of the Regulation)
F.1
A person must not commence occupation or use of the whole or any part of a new building
(within the meaning of section 109H (4) of the Act) unless an occupation certificate has been
issued in relation to the building or part.
F.2
The principal contractor or owner builder must submit to the satisfaction of the PCA worksas-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in
accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed,
comply with the requirement of this consent, the Act, the Regulations, any relevant
construction certificate, the BCA and relevant Australian Standards.
Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in
accordance with Part A2.2 of the BCA must include but may not be limited to:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j
Certification from the supervising professional engineer that the requirement of the
Geotechnical / Hydrogeological conditions and report recommendations were
All waterproofing.
Note: This condition has been imposed to ensure that systems and works as completed meet development
standards as defined by the Act, comply with the BCA, comply with this consent and so that a public
record of works as execute is maintained.
necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant
Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and
detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).
(“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the
BCA upon which the PCA has relied in issuing any Occupation Certificate.
G.
No relevant controls
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DA 525/2009/1
H.
30 August 2010
Conditions which must be satisfied prior to the issue of a Final Occupation Certificate
(s109C(1)(c))
All BASIX commitments must be effected in accordance with the BASIX Certificate No.
A74900.
Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying
authority must not issue a final occupation certificate for a BASIX affected building to which this clause
applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has
been fulfilled."
H.2 Removal of Ancillary Works and Structures
The principal contractor or owner must remove from the land and any adjoining public place:
a)
b)
c)
d)
e)
The site sign;
Ablutions;
Hoarding;
Scaffolding; and
Waste materials, matter, article or thing.
Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the
Final Occupation Certificate.
I.
I.1
All BASIX commitments must be maintained in accordance with the BASIX Certificate No.
A74900
Note: This condition affects successors in title with the intent that environmental sustainability measures must be
maintained for the life of development under this consent.
I.2
General Ventilation
All internal sanitary rooms and laundry facilities not provided with natural ventilation, must
be provided with a system of mechanical exhaust ventilation in accordance with Table B1
“Minimum Exhaust Ventilation Flow Rates” of AS 1668.2-1991. Details of any proposed
mechanical ventilation system(s) being submitted with the Construction Certificate plans and
specifications, required to be submitted to the Certifying Authority demonstrating compliance
with AS 1668 Parts 1&2.
I.3
Noise from mechanical plant and equipment - Air Conditioning Plant
The noise level measured at any boundary of the site at any time while the mechanical plant
and equipment is operating must not exceed the background noise level. Where noise
sensitive receivers are located within the site, the noise level is measured from the nearest
strata, stratum or community title land and must not exceed background noise level at any
time.
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30 August 2010
The background noise level is the underlying level present in the ambient noise, excluding the
subject noise source, when extraneous noise is removed.
J.
No relevant conditions
K.
Advisings
a)
b)
c)
d)
www.agd.nsw.gov.au.
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DA 525/2009/1
30 August 2010
responsible by the asset owner should they damage underground pipe or cable networks.
Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au.
When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig
members who have underground assets in the vicinity of your proposed excavation.
Section 81A of the Act requires among other matters that the person having the benefit of the
development consent, if not carrying out the work as an owner-builder, must appointed a
principal contractor for residential building work who must be the holder of a contractor
licence.
Further information can be obtained from the NSW Office of Fair Trading website about how
you obtain an owner builders permit or find a principal contractor (builder):
insurance is in place before the commencement of building work. The Principal Contractor
(Builder) must provide the Owners with a certificate of insurance evidencing the contract of
insurance under the Home Building Act 1989 for the residential building work.
The PCA does not undertake detailed quality control inspections and the role of the PCA is
primarily to ensure that the development proceeds in accordance with this consent,
Construction Certificates and that the development is fit for occupation in accordance with its
classification under the Building Code of Australia. Critical Stage Inspections do not provide
the level of supervision required to ensure that the minimum standards and tolerances
specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved.
The quality of any development is a function of the quality of the principal contractor’s or
owner builder’s supervision of individual contractors and trades on a daily basis during the
development. The PCA does not undertake this role.
The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©”
ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling
13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta
NSW 2124.
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DA 525/2009/1
30 August 2010
Council, as the PCA or otherwise, does not adjudicate building contract disputes between the
principal contractor, contractors and the owner.
The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of
practice and guidelines control and regulate the development industry.
Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover
NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145.
K.6 Appeal
contact Sarah Court Assessment Officer, on (02) 9391 7067.
hearing.
An application must be made to Council by the person who paid the security for release of the
securities held under section 80A of the Act.
Council, Council has inspected the site and Council is satisfied that the public works have
been carried out to Council’s requirements. Council may use part or all of the security to
complete the works to its satisfaction if the works do not meet Council’s requirements.
Council will only release the security upon being satisfied that all damage or all works, the
purpose for which the security has been held have been remedied or completed to Council’s
satisfaction as the case may be.
Council may retain a portion of the security to remedy any defects in any such public work
that arise within 6 months after the work is completed.
satisfaction, 90% of the Bond monies held by Council for these works will be released upon
application. 10% may be retained by Council for a further 6 month period and may be used by
Council to repair or rectify any defects or temporary works during the 6 month period.
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DA 525/2009/1
30 August 2010
Ms S Court
ASSESSMENT OFFICER
Mr S Chambers
ACTING TEAM LEADER
ANNEXURES
1.
2.
Plans, elevations and shadow diagrams (Issue J)
Original Development Application Assessment report dated 20 July 2010
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DA 209/2010/1
54 Mona Road DARLING POINT
30 August 2010
ITEM No.
D8
FILE No.
DA 209/2010/1
PROPERTY DETAILS
Lot & DP No.:
Side of Street:
Site Area (m²):
Zoning:
LOT: CP SP: 13398
Northwest
284.5
Residential 2(b)
TYPE OF CONSENT:
Alterations and additions to existing building including change of
use from 5 x 1 bedroom apartments to 1 dwelling house with
addition of balcony, bay window and spa pool with deck to Loftus
Rd elevation
Local
APPLICANT:
JPR Management
OWNER:
Rabita Holdings Pty Ltd
DATE LODGED:
07/05/2010
AUTHOR:
Mr T Wong
PROPOSAL:
DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES
1.
NO
The application is recommended for approval because, subject to conditions, it:
1. is permissible under the zoning,
2. complies with the objectives of the relevant planning standards contained in WLEP 1995
and RDCP 2003,
3. is an appropriate design for the site, and
4. will not have adverse effects on the amenity of adjoining properties such that refusal is
justified.
2.
PROPOSAL PRECIS
Alterations to an existing RFB and converting it to a single residence.
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DA 209/2010/1
3.
30 August 2010
LOCALITY PLAN
Subject
Site
Objectors
North
Locality Plan
4.
The applicant seeks Council consent to convert the existing residential flat building containing five
1 bedroom units to a single residence. The proposed alterations and additions include the following
works:
Level 1 (Loftus Road Level)
• Amalgamation of the two existing single garages into one double garage with internal access
ramp connecting to the residence
• New pedestrian entry with awning over
• New landscape strips with Tuckroo trees to both sides of garage (these works are on
Council’s land)
Level 2
• Major alterations to the rear of the existing building to create a home office, studio and
bathroom
• New landscaped terrace and courtyard to the northern and north-western side of the building
Level 3 (Mona Road Level)
• Major internal layout alterations to create a study, kitchen, dining, living and roof terrace
• New plunge pool on elevated structure extends beyond the roof terrace
Level 4
• Major internal layout alterations to create 3 bedrooms all with ensuite.
• New rear balcony of Bed 01
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DA 209/2010/1
30 August 2010
Level 5
• A new attic loft gym with ensuite
• New roof terrace with pergola
• Lift shaft.
Exterior
• New front fence upon Mona Road
• Alterations of feneration upon Mona Road
• Addition of timber shutters to existing windows
• Rendered masonry
• New landscaping
5.
SUMMARY
Reasons for report
The DA is for alterations and additions to
an existing residential flat building which
does not satisfy the criteria for delegated
determination due to the proposal
exceeding the height development
standard by greater than 10%
6.
•
•
•
•
•
•
•
Issues
Proposed trees and other works on Council’s
land upon Loftus Road
FSR
Height (SEPP 1 Objection)
Deep Soil
Setback
Building footprint
Pool
Submissions
One submission was
received but has been
withdrawn
subsequently.
Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the
estimated cost of work. Where the estimated cost of work is greater than $750,000 or where the
applicant’s estimate is considered to be neither genuine or accurate, the applicant has to provide a
Quantity Surveyor’s report.
A Quantity Surveyor’s report was provided with this DA which estimates the cost of the proposed
development at $1,950,000
.
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DA 209/2010/1
7.
30 August 2010
Physical features
Topography
Existing
buildings and
structures
Environment
The subject site is located to the north-western side of Mona Road with dual frontage upon Loftus
Road to the rear (NW). It is located at the roundabout intersection with Darling Point Road and
Greenoaks Avenue.
The subject site has a steep sloping topography from the southeast (front) to the northwest (rear).
It falls approximately 10m from the front to the rear.
Existing on the site is a residential flat building comprising 5 x 1 bedroom strata apartment
building. Two garages are located to the rear accessible from Loftus Road. The existing building
is two storey upon the Mona Road frontage but is three storey at the rear. From Loftus, the three
storey building sits over the two rear garages which are set to the Loftus Road frontage.
Surrounding the site is mainly multi-story residential flat buildings of various architectural styles
mixed with single dwelling houses.
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DA 209/2010/1
30 August 2010
Subject Site upon Mona Road
Subject Site upon Loftus Road
Existing garages upon Loftus Road
Adjoining property to the northeast
8.
PROPERTY HISTORY
Current use
Pre-DA
Amended plans/
PROPERTY HISTORY
Residential flat building
N/A
Nil
• Demolition calculation (Received on 28/5/2010)
• Section through basement ramp (Received on 28/5/2010)
• SEPP 1 Objection to height development standard (Received on 28/5/2010)
• Calculation of deep soil (Received on 9/7/2010)
• Front fence details (Received on 14/7/2010)
N/A
N/A
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DA 209/2010/1
30 August 2010
9.
REFERRALS
9.1
INTERNAL REFERRALS
Referral Officer
Development Engineer
Landscaping Officer
Heritage Officer
9.2
Comment
Satisfactory
(Refer to conditions C.1(a) and (b), C.4-C.6, C.8-C.11, D.1, D.13, E.5,
E.8-E.15, E.20, F.2)
Satisfactory
(Refer to conditions B.2, C.3, E.1, E.2)
Satisfactory
Annexure
2
3
4
No external referral is required.
10.
10.1 SEPPs
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 ("BASIX")
applies to the proposed development. The development application was accompanied by BASIX
Certificate No. A82800 committing to environmental sustainability measures.
These requirements have been imposed by standard condition prescribed by clause 97A of the
Environmental Planning & Assessment Regulation 2000.
State Environmental Planning Policy No. 55 – Remediation of Land
Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land,
consideration has been given as to whether the land is contaminated. The land is currently used for
residential purpose and there is no evidence before Council to suggest that the land has been used
for any non-residential purpose.
Consequently, the possibility of the land being contaminated is substantially reduced. It is
considered that Council can be satisfied that the land is not contaminated such that remediation
would be required. It is therefore considered acceptable with regard to SEPP 55.
State Environmental Planning Policy – Affordable Rental Housing 2009
Not relevant, given that the subject building containing 5 dwellings is strata titled (SA13398). As
such, the SEPP is not applicable.
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DA 209/2010/1
30 August 2010
10.2 REPs
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
The land is within the Sydney Harbour catchment but is outside the Foreshores and Waterways
Area and therefore there are no specific matters for consideration in relation to this DA.
10.3 Section 94 contribution
Not applicable.
10.4 Other relevant legislation
None applicable.
11.
relevant objectives of the Residential 2(b) zone.
11.2 Statutory compliance table
Site Area: 284.5m²
Overall Height
Existing
Proposed
Control
Complies
10m (main ridge,
RL50.851)
10.8m (rear roof,
RL47.601)
11.5m (attic roof, RL49.358)
12.1m (lift Shaft, RL49.975)
11.4m (rear balcony, RL46.570)
10.8m (rear roof, RL47.601)
9.5m
NO#
# Satisfactory
11.3 Site area requirements
Not applicable.
11.4 Height
The proposal breaches the height limit at various points in a range between 1.3m and 2.6m as
outlined in the table above. The applicant has submitted a SEPP 1 objection in relation to this noncompliance, which states that:
The only portions of the new work that are above the 9.5m height control are two small roof
forms, a lift shaft and part of a balustrade. These areas are below the topmost ridge of the
existing building and are a result of the undulating topography of the site (see Figure 1
below).
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DA 209/2010/1
30 August 2010
Objective (a) is to minimise the impact of new development on existing views. The areas of
non-compliance are well below the existing topmost ridge, which is at RL 50.840 and runs
across the width of the site. The highest point of the areas of non-compliance being the lift
shaft is at RL 49.975. The lift shaft is not only lower than the topmost ridge but is also a glass,
light weight structure that represents a small area on the top of the building. The other areas
of non-compliance are well lower than the topmost ridge and are “tucked” below the existing
roof forms and fit within the general outside profile of the existing building. Given the height
of the existing ridge and the existing substantial landscaping, it is unlikely that the proposal
will result in any significant loss of view. This has been addressed under the Tenacity
principles in Section 5.2 of the Statement of Environmental Effects.
Objective (b) is to provide compatibility with the adjoining residential neighbourhood. As
indicated, the areas of non-compliance are within the outside profile of the existing building.
It is only the lift shaft that protrudes outside this envelope however, this is small is size when
compared to the rest of the building and is almost 1m lower than the existing roof ridge. This
and indeed the majority of the other areas of non-compliance will not be readily visible from
the street, due to their location behind the existing roof ridge and also due to the substantial
street trees surrounding the site. The only area of non-compliance that will be visible in the
public domain is the rear balcony, which is also lower than the existing roof forms and
provides articulation to an otherwise bland façade. It is for these reasons that the proposed
areas of non-compliance are compatible with the existing building and the residential
neighbourhood.
Objective (c) is to protect the visual privacy of neighbouring buildings. The areas of noncompliance that could have any bearing on privacy are the balustrade for the terrace and the
rear balcony. The terrace has been carefully sited to ensure there is no impact on the privacy
of the surrounding residences. This is particularly the case, given its height when compared
to the surrounding buildings and there being no direct sight lines into private open space
areas. The rear balcony is protected by way of a privacy screen and as such there are no
privacy issues anticipated in this regard. Accordingly, the proposal is considered to be
consistent with this objective.
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DA 209/2010/1
30 August 2010
Objective (d) is to minimise adverse impacts on solar access and to minimise overshadowing.
Shadow diagrams have been prepared and submitted with the development application. These
diagrams indicate that the extent of additional overshadowing when compared to the existing
building will be minor. The additional overshadowing generated by the areas of noncompliance is negligible. Accordingly, while the extent of non-compliance will provide some
overshadowing, the extent and impact that would result is considered to be of a minor nature
and unlikely to have an adverse impact.
Objective (e) is to maintain the amenity of the public domain by preserving views and the
special qualities of streetscapes. As indicated, given the location of the areas of oncompliance when compared to the existing higher parts of the existing building, the proposal
is not likely to affect any public views. The proposal will result in an improvement in what can
best be described as a tired building with a bland façade to Loftus Road by a scheme that
provides articulation and visual interest.
Accordingly, as the proposed areas of non-compliance will not have a detriment affect on the
bulk and scale of the development; affect the streetscape character; and result in an
unreasonable amount of view loss or overshadowing. In the circumstances of the particular
case, the SEPP No. 1 Objection for the height development standard is considered to be wellfounded.
As indicated, the proposal satisfies the objectives for height pursuant to Clause 12AA of the
LEP. The proposal also satisfies the objectives of the Residential 2(b) zone, in particular the
objective of encouraging a diversity of dwelling types and tenure. The proposal is also
consistent with the relevant objectives of the Residential Development Control Plan 2003
including the general character objectives for the Darling Point Precinct, as stated in the
submitted Statement of Environmental Effects.
The proposal represents an improvement to the external appearance of the existing building
and is considered to be appropriate in terms of the context.
The areas of non-compliance will not be readily apparent from the public domain, with the
exception of the rear balcony, which is considered an integral part of that facade in providing
much needed articulation and visual interest.
The SEPP 1 Objection is assessed under Council’s procedure as set out below:1.
Is the planning control in question a development standard?
The maximum building height is a development standard under WLEP 1995.
2.
What is the underlying purpose of the standard?
The objectives of the maximum building height development standard in Woollahra LEP
1995 are as follows:
a)
b)
c)
d)
To minimise the impact of new development on existing views of the Sydney Harbour,
ridgelines, public and private open spaces and views of the Sydney City skyline;
To provide compatibility with the adjoining residential neighbourhood;
To safeguard visual privacy of interior and exterior living areas of neighbouring
dwellings;
To minimise detrimental impacts on existing sunlight access to interior living rooms
and exterior open space areas and minimise overshadowing;
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DA 209/2010/1
e)
3.
30 August 2010
To maintain the amenity of the public domain by preserving public views of the harbour
and surrounding areas and the special qualities of the streetscapes.
Is compliance with the development standard consistent with the aims of the Policy, and in
particular, does the development standard tend to hinder the attainment of the objects
specified in s.5(a)(i) and (ii) of the EPA Act?
Having considered the objectives of the development standard contained in Woollahra LEP,
the height of the development will be comparable to that of adjoining development, will not
obstruct water and city skylines, will not significantly exacerbate overshadowing and, it will
not have an adverse impact upon views from adjoining properties. Therefore, the proposal
will achieve the objectives of the height standard. As such, the strict application of the
maximum building height development standard is considered unreasonable and unnecessary
in the circumstances of the case.
4.
Is compliance with the standard unreasonable or unnecessary in the circumstances of the
case?
In view of the above, the strict application of the maximum building height development
standard is considered unreasonable and unnecessary in the circumstances of the case.
5.
Is the objection well founded?
The objection advanced by the applicant that compliance with the development standard is
unreasonable and unnecessary is well founded and it is considered that granting of
development consent would be consistent with the aims and objectives of SEPP 1.
11.5 Floor space ratio
Not applicable.
11.6 FSBL
Not applicable.
Clause 18 Excavation: The proposed excavation is acceptable in terms of Clause 18.
Clause 19 HFSPA: The proposal is acceptable in terms of Clause 19(2).
Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause
25(1) and (2).
Clauses 26-33 Heritage and conservation area provisions: The proposal is considered acceptable
in terms of Clause 27.
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DA 209/2010/1
12.
30 August 2010
Not applicable.
13.
13.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003
Existing
Proposed
Control
Complies
2-storey
(front), 3storey (rear)
2-storey with
attic (front), 3storey (rear)
2 + basement
NO
2.4-3m
6.8-8.4m
2.4-3m
3.4-4.8m
Predominant
25% length (8.5m)
YES
NO*
1.5m
1.5m
1.5m
0.9m
0.9m
1.5m
1.5m
1.5m
0.9m
0.9m
1.5m
1.5m
3m
1.5m
1.5m
YES
YES
NO*
NO*
NO*
Nil
Nil
Nil
Nil
Nil
71.5%
(203.3m2)
1.41:1
(401.44m2)
Nil
Nil
Nil
Nil
Nil
76.9%
(218.77m2)
1.54:1
(439.88m2)
1.5m
1.5m
1.5m
0.9m
0.9m
61%
(174m2)
0.75:1
(213m2)
NO*
NO*
NO*
NO*
NO*
---
>1.5m
1.5m
YES
Nil
22%
(24.46m²)
50%
(55m2)
NO*
Nil
> 40%
40%
YES
> 35m²
> 3m
> 16m²
> 4m
> 35m²
> 3m
> 16m²
> 4m
35m²
Min dimension 3m
16m²
Min dimension 4m
< 1:10
< 1:10
1:10
YES
Location of Swimming Pool
N/A
Rear Setback
Rear Setback
YES
Swimming Pool Excavation, Piling and
Subsurface Wall Setback
N/A
Nil (Rear)
2.2m (NE side)
Nil (SW side)
1.5m
NO
Swimming Pool Height Above Ground Level
Adjacent to the HFSPA
N/A
5.4m
0.3m
NO
1.2m (solid)
Ave. 1.5m (50%
transparent)
1.2m/1.5m where
50% transparent
YES
Rear
Rear
Behind Front Setback
YES
2
2
2
YES
Maximum Number of Storeys –
Dwelling
Building Boundary Setbacks
Front (SE)
Rear (NW)
Side (NE)
Level 2 (NW portion)
Level 3 (SE portion)
Side (SW)
Building Footprint
Floor Space Ratio
Excavation Piling and Subsurface Wall
Setback
Deep Soil Landscaping –
Dwelling
Front Setback (Consolidated Area)
Private Open Space at Ground Level –
Total
Principal Area
Maximum Gradient
Front Fence Height
Location of Garages and Car Parking
Structures
Car Parking Spaces –
Dwellings
* Existing non-compliance
NO
NO
YES
YES
11
DA 209/2010/1
30 August 2010
Desired future precinct character objectives and performance criteria (Part 4)
The subject site falls within the Darling Point Precinct according to Part 4.1 of the RDCP 2003.
Control C 4.1.18.3 states “dwelling houses are to be a maximum height of two storeys”. Where
landform of a site falls more than two metres from the street to the rear of a property, an additional
basement storey may be permitted provided that all other RDCP controls are met.
It is noted that the landform of the subject site falls more than 2 metres from the Mon Road towards
Loftus Road. In addition, the existing building is a part 2 (front) and part 3 storey (rear) structure.
The proposed alterations are generally within the existing built form. Although, technically, the
proposed new attic floor to the front portion of the building will constitute a new storey, it will only
take up the existing roof space and will not add to the bulk of the building. As such, the building
will still be presented as a two storey structure upon Mona Road.
Existing front fence is a low dwarf masonry wall up to 1.2m with pillars. The proposal will erect
steel fins on top of the existing masonry wall to an average height of 1.5m. The new steel fins are
set in angle and will provide more than 50% transparency.
In view of the above, the proposal is considered satisfactory with regard to the objectives prescribed
in Part 4.1 of the RDCP 2003.
Streetscape performance criteria (Part 5.1)
The proposal will largely retain the front elevation of the existing building. Major architectural
elements including the archway, windows and roof form will be retained and reinterpreted. As a
result, the proposal will have minimal impact upon the existing streetscape (Mona Road).
Existing Building and artist impression provided by the applicant
Building size and location performance criteria (Part 5.2)
Setbacks
The proposed alterations and additions are largely confined within the existing building envelop.
While the existing building does not comply with the side and rear setback controls, these existing
setbacks will be maintained and will not be further encroached upon.
12
DA 209/2010/1
30 August 2010
Footprint
The existing building footprint is 71.5% (203.3m2) of the site which already represents a noncompliance with the RDCP control (61%, or 174m2)). As a result of the proposal, the building
footprint will be increased to 76.9% (218.77m2). This is due to the remodelling at the central
courtyard. The proposal will introduce a new landing which will integrate the building with the
central courtyard. Above the landing area is the proposed conservatory which will overhand and
cover up this area and, as a result, will increase the building footprint. This increase in building
footprint will not result in an adverse environmental impact and is considered satisfactory with
regard to the objectives of the control.
Floor space ratio
The existing FSR is 1.41:1 (401.44m2) which already represents a non-compliance with the RDCP
control (0.75:1, or 213m2). As a result of the proposal, FSR will be increased to 1.54:1 (439.88m2).
The increased floor area will increase the apparent bulk of the building when viewing from Loftus
Road (rear). It is noted that Loftus Road is the secondary and rear frontage of many lots fronting
Mona Road. The rear of the buildings on these lots do not form a consistent built form or alignment
and have varying styles. Although the apparent bulk of the building will be increase, it will not
impact upon the privacy or direct solar access to adjoining properties or to Loftus Road streetscape.
The proposal would represent a non-compliance of 280m2 whereas the existing building already
exceeds the FSR control by 188m2. Notwithstanding that the proposal is acceptable for the reasons
set out below:
•
•
•
•
•
•
The new floor space is mainly located at the central part of the site and the new attic where will
not result in an adverse impact upon the visual bulk of the building when viewed from the
public domain.
When viewed from the neighbouring properties, the scale and bulk of the proposed building
would not result in any unreasonable impacts to the amenity of the neighbouring properties,
including overbearing or a sense of enclosure.
The proposal would not unreasonably impact upon the streetscape or the residential amenity of
the neighbouring properties.
The proposal retains an adequate level of sunlight access to the neighbouring properties.
The proposal retains an adequate level of privacy afforded to the neighbouring properties.
The proposal will not obstruct any significant public or private views.
Excavation
The proposed excavation would provide at least 1.5m setback from all boundaries of the site.
Solar access
The proposal will not significantly alter the current overshadowing pattern onto the adjoining
properties and is therefore considered acceptable in this regard.
Open space and landscaping performance criteria (Part 5.3)
The proposal will provide adequate private open space and will increase the deep soil landscaping
area from nil to 24.46m2. This provision has been verified by further calculation provided by the
applicant. Though this figure still represents a non-compliance with the RDCP control, it achieves
a major improvement and will assist in on-site stormwater management.
13
DA 209/2010/1
30 August 2010
A plunge pool is proposed on Level 3 (street level of Mona Road) to the rear. It is to be elevated
above the garage and its northern corner is right to the rear boundary of the site representing a noncompliance to the setback requirement. This plunge pool will be visible from Loftus Road and will
add visual bulk to the overall development. Notwithstanding that, as discussed above, the southern
side of Loftus Road is the rear of lots fronting Mona Road. This side of Loftus Road does not have
a consistent built form or rear building alignment. Developments along this stretch vary in terms of
architectural styles, bulk and form. It is considered that the location of the proposed plunge pool
will not adversely impact upon the streetscape along Loftus Road. In addition, the use of the plunge
is not considered to be inconsistent with other properties along Mona Road.
Fences and walls performance criteria (Part 5.4)
Refer to Precinct control above.
Views performance criteria (Part 5.5)
The proposal will not result in adverse impact upon existing public or private views.
Energy efficiency performance criteria (Part 5.6)
Satisfactory
Stormwater management performance criteria (Part 5.7)
Satisfactory
Acoustic and visual privacy performance criteria (Part 5.8)
The proposal will not result in loss of privacy of adjoining properties. The submission from the
Strata Plan 15068 at No. 28A Darling Point Road only raised issues related to works outside of the
subject site (including the proposed Tuckeroo tree, and the large potted plant within this
neighbouring property) but raised no objection on privacy ground. It highlighted that “the Strata
does not raise any formal objections in respect of the DA to the extent it applies to the envelop of
land comprised within the boundaries of the Property.” Notwithstanding that, the submission was
subsequently withdrawn on 5/7/2010 following clarification from Council that Condition C.1(c) is
recommended to delete the proposed Tuckeroo trees.
Roof terrace of approximately 28m2 has been proposed in the middle part of the building accessible
from the loft gym. No direct sight line to habitable windows of adjoining properties will be
obtainable from the roof terrace.
Car parking and driveways performance criteria (Part 5.9)
The proposal will comply with the RDCP’s requirements to provide 2 on site parking spaces.
Harbour foreshore development performance criteria (Part 5.11)
The subject site falls within the HFSPA under the WLEP 1995. Notwithstanding that, the subject
site is not readily discernible from the Harbour due to the existing surrounding built structures and
tree canopies. The proposal will not result in an adverse visual impact upon the Harbour.
14
DA 209/2010/1
30 August 2010
13.2 DCP for off-street car parking provision and servicing facilities
The proposed two on-site parking spaces will comply with the DCP’s requirements.
13.3 Woollahra Access
This proposal is for a class 1 building. The Access DCP encourages, rather than requires, visitor
access for older people or people with a disability for class 1 buildings. Lift access has been
provided in this proposal accessing the ground floor to all floors except the garages. This is
considered acceptable under the provisions of the DCP.
Not applicable.
14.
Clause 92 of the EPA Regulation 2000 requires us to consider Australian Standard AS 2601-1991:
The demolition of structures. It also requires compliance with this standard by condition of
consent. The proposal will comply by condition.
15.
All likely impacts of the proposal have been assessed elsewhere in this report.
16.
The site is suitable for the proposed development.
17.
SUBMISSIONS
In accordance with clause 4.5 of Woollahra Municipal Council’s development Control Plan for
Advertising and Notification of Development Applications and Applications to Modify
Development Consents, the applicant has completed the statutory declaration [refer to
correspondence on file dated 28 June 2010] declaring that the site notice for DA 209/2010 at 54
Mona Road, Darling Point was erected and maintained during the notification period in accordance
with the requirements of the DCP.
Notifications DCP. One submission was received from: the Strata Plan 15068 at No. 28A Darling
Point Road
• Plunge pool overhanging above Loftus Road
Comments: The proposed plunge pool will not overhang above Loftus Road
• A large potted plant is shown within the boundary of the No. 28 A Darling Point Road
Comments: No works will be approved on the neighbouring property without their consent.
15
DA 209/2010/1
30 August 2010
•
Works on the nature strip with Tuckeroo trees will impact upon the vehicular and pedestrian
safety along Loftus Road
Comments: These works and proposed trees are required to be deleted from the proposal (refer to
Condition C.1(c))
• Possible view loss due to the Tuckeroo tree
Comments: The proposed trees are required to be deleted from the proposal (refer to Condition
C.1(c))
This objection was subsequently withdrawn on 5/7/2010.
18.
The proposal is acceptable against the relevant considerations under s79C and would be in the
public interest.
19.
19.
Environmental Planning Policy No. 1 – Development Standards to the maximum building height
under clause 12 of Woollahra Local Environmental Plan 1995 is well founded. The Council is also
of the opinion that strict compliance with the development standard is unreasonable and
unnecessary in the circumstances of this case as the development will not adversely impact on
views, not create additional overshadowing and will achieve the objectives of the height standard.
AND
THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is
well founded and also being of the opinion that the granting of consent to Development Application
No. 209/2010 is consistent with the aims of the Policy, grant development consent to DA No.
209/2010 for alterations and additions to existing building including change of use from 5x1
bedroom apartments to 1 dwelling house with addition of balcony, bay window and spa pool with
deck to Loftus Road elevation on land at 54 Mona Road Darling Point, subject to the following
conditions:
A.
General Conditions
A.1 Conditions
Act. Standard Condition: A1
16
DA 209/2010/1
30 August 2010
A.2 Definitions
•
•
•
•
•
•
Applicant.
17
DA 209/2010/1
30 August 2010
•
•
•
•
•
•
•
•
land,
•
•
Reference
Description
Author/Drawn
DA154 (Rev A)
DA200 (Rev A)
DA201 (Rev A)
DA202 (Rev A)
DA203 (Rev A)
DA204 (Rev A)
DA205 (Rev A)
DA210 (Rev A)
DA211 (Rev A)
DA212 (Rev A)
DA213 (Rev A)
DA214 (Rev A)
DA215 (Rev A)
DA250 (Rev A)
DA251 (Rev A)
DA252 (Rev A)
DA253 (Rev A)
DA750 (Rev A)
DA751 (Rev A)
A82800
Project 71753
DA260 – DA263
Site Plan
Level 1 Plan
Level 2 Plan
Level 3 Plan
Level 4 Plan
Level 5 Plan
Roof Plan
Section AA
Section BB
North West Elevation
North East Elevation
South East Elevation
South West Elevation
North West Elevation Comparison
North East Elevation Comparison
South East Elevation Comparison
South West Elevation Comparison
Front Fence Detail
Front Fence Perspectives
BASIX Certificate
Geotechnical Report
Landscape Plan
JPR Architects Pty Ltd
Douglas Partners
Marcia Hosking
Date(s)
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
6/5/2010
14 July 2010
14 July 2010
5 May 2010
May 2010
6 May 2010
18
DA 209/2010/1
30 August 2010
B.
construction
B.2 Establishment of Tree Protection Zones
To limit the potential for damage to trees to be retained, Tree Protection Zones are to be
established around all trees to be retained on site. The Tree Protection Zones are to comply
with the following requirements;
19
DA 209/2010/1
a)
Tree Protection Zone areas
Council
Ref No
1
2
3
Note:
b)
c)
d)
e)
f)
30 August 2010
Species
Location
Waterhousia floribunda Weeping Lillypilly
Waterhousia floribunda Weeping Lillypilly
Plumeria acutifolia Frangipani
Front – Council verge
Front – North east
corner
Radius from
Trunk (Metres)*
1m
1m
2m
Where this condition relates to street trees and the fence cannot be placed at the specified radius,
the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject
property, excluding existing driveways and footpaths, is protected.
Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh
fence to minimise disturbance to existing ground conditions. The area within the fence
must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the
construction works.
A sign must be erected on each side of the fence indicating the existence of a Tree
Protection Zone and providing the contact details of the site Arborist.
Existing soil levels must be maintained within Tree Protection Zones. Where excavation
is undertaken adjacent such an area, the edge of the excavation must be stabilised, until
such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion
within the Tree Protection Zone.
Sediment control measures are to be installed around all Tree Protection Zones to
protect the existing soil levels.
The storage of materials, stockpiling, siting of works sheds, preparation of mixes,
cleaning of tools or equipment is not permitted within Tree Protection Zones.
Site personnel must be made aware of all Tree Protection requirements, measures and any
actions that constitute a breach of the Conditions of Development Consent with regard to tree
protection on site during their site induction.
C.
a)
b)
c)
d)
e)
f)
The garage clear parking width is to be increased to 5.4m
The garage entrance is to be increased to 5.5m
The two proposed Tuckeroo trees on the Council roadway in Loftus Road are deleted
The proposed nature strip to the east of the rear garage is deleted.
The kerb around the proposed nature strip west of the rear garage is deleted. This
nature strip is to be level with the vehicle crossing.
The potted plant within the boundaries of No. 28A Darling Point Road must be deleted.
20
DA 209/2010/1
30 August 2010
this consent.
Description
Amount
Indexed
Council
Fee Code
LONG SERVICE LEVY
Contact LSL
Long Service Levy
No
http://www.lspc.nsw.gov.au/levy_information/?le
Corporation or use
vy_information/levy_calculator.stm
online calculator
SECURITY
$41,000
No
T115
good any damage caused to any property of the
Council
DEVELOPMENT LEVY
$19,500
Yes,
T96
+ Index Amount
quarterly
INSPECTION FEES
Public Road/Footpath Infrastructure Inspection
$394
No
Fee
$175
No
T16
$61,069 plus any relevant indexed amounts and
TOTAL SECURITY, CONTRIBUTIONS,
long service levy
LEVIES AND FEES
•
•
•
•
•
not acceptable];
21
DA 209/2010/1
•
•
•
30 August 2010
To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of
carrying out development (from which the development levy is calculated) will be indexed either annually or
quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009
sets out the formula and index to be used in adjusting the s.94A levy.
Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy
will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate,
subdivision certificate, or occupation certificate).
decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider:
•
•
•
•
The reasons given;
adversely affected.
Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee
where:
•
•
•
•
•
not acceptable];
Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13
of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank
guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any
accrued charges are paid.
22
DA 209/2010/1
30 August 2010
C.3 Amended Landscape Plan
An amended Landscape Plan, prepared by a qualified Landscape Architect or Landscape
Designer, in accordance with Councils DA Guide Annexure 8 and conforming to the
conditions of this Development Consent is to be submitted to Council for approval prior to
issue of the Construction Certificate. Additionally the amended landscape plan must include
the following:
•
Delete the proposed planting of two Tuckeroo trees on the Council roadway in Loftus
Road.
C.4 Road and Public Domain Works
A separate application under Section 138 of the Roads Act 1993 is to be made to, and
approved by Council prior to the issuing of a Construction Certificate for the following
infrastructure works, which must be carried out at the applicant’s expense:
a)
b)
c)
d)
Full width vehicular crossings having a width of 5.5m in accordance with Council’s
standard driveway drawing RF2.
A design longitudinal surface profile for the proposed driveway must be submitted for
assessment.
Removal of the eastern nature strip from the plans.
Removal of the kerb around the western nature strip. The nature strip is to be level with
the vehicle crossing.
Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may
impose one or more Infrastructure Works Bonds.
Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public
stormwater drainage works must be detailed and approved prior to the issue of any Construction
Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway
crossing grades and stormwater. Changes required under Roads Act 1993 approvals may necessitate
design and levels changes under this consent. This may in turn require the applicant to seek to amend this
consent.
Note: See condition K24 in Section K. Advisings of this Consent titled Roads Act Application.
2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively. The driveway
levels on Loftus Road are to be amended as follows:
•
•
•
•
The existing footpath level and grade at the street alignment of the property must be
maintained.
The internal garage floor slab is to be adjusted on private property to match the existing
street alignment levels.
Any adjustments required between the garage slab and the street levels are to be carried
out internally on private property. The driveway levels are to comply with AS2890.1
and Council’s Standard Drawing RF2.
In order to assist access the garage the entrance is to be widened to a minimum of 5.5m
23
DA 209/2010/1
•
•
30 August 2010
The internal dimension of the garage is to be increased to 5.4m
The vehicle stacker is to be constructed and installed in accordance with AS2890.1 and
the manufacturers specifications.
the Roads Act 1993.
C.6 Stormwater management plan (Clause 25(2) WLEP 1995)
a)
b)
d)
e)
general design in accordance with Stormwater disposal concept plan prepared by ITM
Design, dated 04/05/2010, Dwgs No. H-DA-00 and H-DA-01 other than amended by
this and other conditions;
the discharge of stormwater, by direct connection, to the K&G;
c)
any rainwater tank required by BASIX commitments including their overflow
connection to the Stormwater Drainage System, and
general compliance with the Council’s draft Development Control Plan Stormwater
Drainage Management (draft version 1.1 public exhibition copy dated 14/12/2006).
Layout plan
accordance with the Institute of Engineers Australia publication, Australian Rainfall and Runoff, 1987 edition or most current version thereof.
It must include:
•
•
•
•
Point and method of connection to Councils drainage infrastructure.
Subsoil Drainage - Subsoil drainage details, clean out points, discharge point.
Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable
manner.
The applicant must submit to the Certifying Authority BASIX Certificate No. A82800 with
any application for a Construction Certificate.
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DA 209/2010/1
30 August 2010
C.8 Soil and Water Management Plan – Submission & Approval
The principal contractor or owner builder must submit to the Certifying Authority a soil and
water management plan complying with:
a)
b)
Where there is any conflict The Blue Book takes precedence. The Certifying Authority must
be satisfied that the soil and water management plan complies with the publications above
prior to issuing any Construction Certificate.
Note: This condition has been imposed to eliminate potential water pollution and dust nuisance.
Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant
experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation
plans are required for larger projects it is recommended that expert consultants produce these plans.
Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be
down loaded free of charge from http://www.woollahra.nsw.gov.au/ .
Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter.
proposed.
25
DA 209/2010/1
30 August 2010
The Construction Certificate plans and specification required to be submitted to the Certifying
Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical /
Hydrogeological Monitoring Program together with civil and structural engineering details
for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as
applicable, prepared by a professional engineer, who is suitably qualified and experienced in
geotechnical and hydrogeological engineering. These details must be certified by the
professional engineer to:
a)
b)
c)
d)
e)
Provide appropriate support and retention to ensure there will be no ground settlement
or movement, during excavation or after construction, sufficient to cause an adverse
impact on adjoining property or public infrastructure.
Provide appropriate support and retention to ensure there will be no adverse impact on
surrounding property or infrastructure as a result of changes in local hydrogeology
(behaviour of groundwater).
Provide foundation tanking prior to excavation such that any temporary changes to the
groundwater level, during construction, will be kept within the historical range of
natural groundwater fluctuations. Where the historical range of natural groundwater
fluctuations is unknown, the design must demonstrate that changes in the level of the
natural water table, due to construction, will not exceed 0.3m at any time.
Provide tanking of all below ground structures to prevent the entry of all ground water
such that they are fully tanked and no on-going dewatering of the site is required.
•
Will detect any settlement associated with temporary and permanent works and
structures;
•
•
Will detect vibration in accordance with AS 2187.2-1993 Appendix J including
acceptable velocity of vibration (peak particle velocity);
•
variations;
•
•
Details the preset acceptable limits for peak particle velocity and ground water
fluctuations;
•
Details recommended hold points to allow for the inspection and certification of
geotechnical and hydro-geological measures by the professional engineer; and;
•
C.12 Swimming and Spa Pools – Child Resistant Barriers
The Construction Certificate plans and specifications required by Clause 139 of the
Regulation must demonstrate compliance (by showing the proposed location of all childresistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act
1992.
26
DA 209/2010/1
30 August 2010
Note: A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed
does not satisfy this condition. The location of the required barriers and the sign must be detailed upon
the Construction Certificate plans.
C.13 Swimming and Spa Pools – Backwash
The Construction Certificate plans and specification required to be submitted pursuant to
clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer
in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.
Note: The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the
sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure
10.2) of AS/NZS 3500.2.2:1996.
Note: The discharge of backwash water to any stormwater system is water pollution and an offence under the
Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any
stormwater system is an offence under the Protection of the Environment Operations Act 1997.
D.
work
Dilapidation surveys must be conducted and dilapidation reports prepared by a professional
engineer (structural) of all buildings on land whose title boundary abuts the site and of such
further buildings located within the likely “zone of influence” of any excavation, dewatering
and/or construction induced vibration.
These properties must include (but is not limited to):
28A Darling Point Road,
52 Mona Road,
building the principal contractor or owner builder must give the adjoining building owner(s)
a copy of the dilapidation report for their building(s) and a copy of the notice of
commencement required by s81A(2) of the Act not less than two (2) days prior to the
Note: The reasons for this condition are:
•
To provide a record of the condition of buildings prior to development being carried out
•
To encourage developers and its contractors to use construction techniques that will minimise the risk of
damage to buildings on neighbouring land
Also refer to the Dilapidation Report Advising for more information regarding this condition
27
DA 209/2010/1
a)
b)
30 August 2010
Code of Australia,
a)
b)
The principal contractor must ensure that a professional engineer determines the possibility
of any adjoining buildings founded on loose foundation materials being affected by piling,
piers or excavation. The professional engineer (geotechnical consultant) must assess the
requirements for underpinning any adjoining or adjacent buildings founded on such soil on a
case by case basis and the principal contractor must comply with any reasonable direction of
the professional engineer.
Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to
ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement
may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible
for any damages arising from the removal of any support to supported land as defined by section 177 of
the Conveyancing Act 1919.
As a result of the site constraints, limited space and access a Construction Management Plan
is to be submitted to Council. Also, due to the lack of on-street parking a Work Zone may be
required during construction.
A construction management plan must be submitted and approved by Council’s Development
Engineer. The plan must:a)
Describe the anticipated impact of the demolition, excavation and construction works
on:
•
•
•
28
DA 209/2010/1
30 August 2010
b)
•
•
•
Provide for the movement of trucks to and from the site, and deliveries to the site
c)
•
•
Any areas of Council property on which it is proposed to install a Works Zone
(Construction Zone)
•
•
Any excavation
d)
•
•
Time frame
•
Streets to be used
•
Routes to be taken
•
•
Truck storage areas
•
•
Excavation is to only be carried out outside peak and school hours between
9.30am to 2.30pm week days
e)
•
Show the location of all Tree Protection (Exclusion) Zones as required within the
conditions of this development consent.
•
The storage of building materials in or access through the Reserve will not be
permitted without prior approval by Council.
development site at all times during construction. Structures or works on Council property
such as hoardings, scaffolding, shoring or excavation need separate approval from Council.
Standing of cranes and concrete pumps on Council property will need approval on each
occasion.
Construction Management Plan is approved. Failure to comply with this condition may result in fines and
proceedings to stop work.
A works zone is required for this development. The principal contractor or owner must apply
for a works zone. If the works zone is approved the principal contractor or owner must pay
all fees for and implement the required works zone before commencement of any work.
The principal contractor must pay all fees associated with the application and occupation and
use of the road as a works zone. All works zone signs must have been erected by Council to
permit enforcement of the works zone by Rangers and Police before commencement of any
work. Signs are not erected until full payment of works zone fees.
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DA 209/2010/1
30 August 2010
Note: The principal contractor or owner must allow not less than four to six weeks (for routine applications)
from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee)
constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise
those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport
Administration Act 1988.
Note: The enforcement of the works zone is at the discretion of Council’s Rangers and the NSW Police Service.
The principal contractor must report any breach of the works zone to either Council or the NSW Police
Service.
a)
b)
4.0 m; or
a)
b)
30
DA 209/2010/1
c)
d)
30 August 2010
than 7 kPa.
ucts.htm.
like.
D.7 Site Signs
Erection of signs
•
•
a.
work, and
b.
c.
•
•
•
31
DA 209/2010/1
30 August 2010
certificate:
•
the Regulation.
a)
b)
c)
d)
In this condition:
Regulation 1993.
1993.
32
DA 209/2010/1
30 August 2010
The principal contractor or owner builder must install and maintain water pollution, erosion
and sedimentation controls in accordance with:
a)
b)
c)
consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water
Management Plan is required for larger projects it is recommended that this be produced by a member of
the International Erosion Control Association – Australasia.
down loaded free of charge from www.woollahra.nsw.gov.au.
Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices
and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any
further warning. It is a criminal offence to cause, permit or allow pollution.
commenced until:
a)
Certifier, and
b)
•
•
c)
commences:
•
•
building work, and
33
DA 209/2010/1
d)
30 August 2010
•
•
•
•
125.
a)
b)
c)
d)
information:
•
Act,
•
34
DA 209/2010/1
30 August 2010
D.12 Establishment of boundary location, building location and datum
Prior to the commencement of any work the principal contractor or owner builder must ensure
that a surveyor registered under the Surveying Act 2002 sets out:
a)
b)
c)
d)
the boundaries of the site by permanent marks (including permanent recovery points);
the location and level of foundation excavations, footings, walls and slabs by permanent
marks, pegs or profiles relative to the boundaries of the land and relative to Australian
Height Datum (“AHD”) in compliance with the approved plans;
establishes a permanent datum point (bench mark) within the boundaries of the site
relative to AHD; and
provides a copy of a survey report by the registered surveyor detailing, the title
boundaries, pegs/profiles, recovery points and bench mark locations as established
pursuant to this condition to the PCA.
Note: Where the principal contractor or owner builder notes any discrepancy between the approved
development consent and the Construction Certificate, especially in relation to the height, location or
external configuration of the building (but not limited to these issues) the principal contractor or owner
builder should not proceed until satisfied that the variations as shown are consistent with the consent.
Failure to do so may result in a breach of development consent.
Note: On larger developments, or where boundary redefinition is required, the placement of new State Survey
Marks as permanent marks should be considered by the registered surveyor.
D.13 Checking Construction Certificate plans & protecting assets owned by the Sydney
Water Corporation
Construction Certificate plans must be stamped by the Sydney Water Corporation prior to the
commencement of any development work. This is required to ensure that buildings close to
or over Sydney Water Corporation assets are identified and requirements for protecting them
are implemented.
Note: Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by
visiting their web site:
http://www.sydneywater.com.au/html/yourhome/quick_check/building_renovating.cfm
E.
All persons must comply with Council’s Tree Preservation Order (“the TPO”), other than
where varied by this consent. The order applies to any tree, with a height greater than 5 metres
or a diameter spread of branches greater than 3 metres, is subject to Council’s Tree
Preservation Order unless, exempted by specific provisions. Works to be carried out within a
5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written
consent of Council.
General Protection Requirements:
a)
There must be no excavation or work within the required Tree Protection Zone(s). The
Tree Protection Zone(s) must be maintained during all development work.
35
DA 209/2010/1
b)
c)
30 August 2010
Where excavation encounters tree roots with a diameter exceeding 50mm excavation
must cease. The principal contractor must procure an inspection of the tree roots
exposed by a qualified arborist. Excavation must only recommence with the
implementation of the recommendations of the qualified arborist or where specific
instructions are given by Council's Tree Management Officer in strict accordance with
such Council instructions.
Where there is damage to any part of a tree the principal contractor must procure an
inspection of the tree by a qualified arborist immediately. The principal contractor must
immediately implement treatment as directed by the qualified arborist or where specific
Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity Trees” and
WorkCover NSW Code of Practice Amenity Tree Industry.
All landscape works must be undertaken in accordance with the approved landscape plan,
arborist report, tree management plan and transplant method statement as applicable.
a)
The following trees must be retained
•
Trees on Private Land
Council
Ref No
3
•
Species
Location
Dimension
(metres)
Plumeria acutifolia Frangipani
Front – North east corner
4x5
Trees on Council Land
Council
Ref No
1
2
Species
Location
Dimension
(metres)
Tree Value
Buckinghamia celsissima
Ivory Curl Flower
Buckinghamia celsissima
Ivory Curl Flower
2x1
Not assessd
2x1
Not assessd
Note: The tree/s required to be retained should appear coloured green on the construction certificate
plans.
b)
The following trees may be pruned in accordance with Australian Standard AS 4373 –
2007 “Pruning of Amenity Trees” and Workcover NSW Code of Practice Amenity Tree
Industry, 1998 to the minimum extent necessary to provide clearance to the new
development:
Council
Ref No
4
Species
Location
Approved pruning (extent
of pruning)
3 x Olea europea var.
africana African Olive
Standing on 52 Mona Rd –
Rear north west corner
Prune as required to clear
new building alignment at
54 Mona Rd.
Note: The tree/s required to be pruned should appear coloured blue on the construction certificate
plans.
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30 August 2010
E.3 Compliance with Building Code of Australia and insurance requirements under the
a)
b)
That the work must be carried out in accordance with the requirements of the Building
Code of Australia,
In the case of residential building work for which the Home Building Act 1989 requires
a)
b)
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 (4) of the
Regulation, or
In this clause, a reference to the BCA is a reference to that Code as in force on the date the
July 1993.
All development activities and traffic movements must be carried out in accordance with the
approved construction management plan. All controls in the Plan must be maintained at all
times. A copy of the Plan must be kept on-site at all times and made available to the PCA or
Council on request.
Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking
legislation prevails.
Any new information which comes to light during remediation, demolition or construction
works which has the potential to alter previous conclusions about site contamination, heritage
significance, threatened species or other relevant matters must be immediately notified to
Council and the Principal Certifying Authority..
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DA 209/2010/1
30 August 2010
Agreement.
a)
b)
c)
d)
No work must take place before 7am or after 1pm any Saturday,
The following work must not take place before 9am or after 4pm any weekday, or
before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday;
(i) Piling;
(ii) Piering;
(iii) Rock or concrete cutting, boring or drilling;
(iv) Rock breaking;
(v) Rock sawing;
(vi) Jack hammering; or
(vii) Machine excavation,
e)
No loading or unloading of material or equipment associated with the activities listed in
part above must take place before 9am or after 4pm any weekday, or before 9am or after
1pm any Saturday or at any time on a Sunday or public holiday.
No operation of any equipment associated with the activities listed in part above must
take place before 9am or after 4pm any weekday, or before 9am or after 1pm any
Saturday or at any time on a Sunday or public holiday.
f)
g)
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DA 209/2010/1
30 August 2010
case by case basis.
consent must:
footway.
a)
b)
c)
d)
thing.
a)
b)
•
•
•
•
•
•
•
uses as a footway.
39
DA 209/2010/1
30 August 2010
a)
b)
c)
d)
e)
f)
Dust controls,
Noise controls;
Ablutions;
Excavation must be undertaken in accordance with the recommendations of the Geotechnical
/ Hydrogeological Monitoring Program and any oral or written direction of the supervising
professional engineer.
Hydrogeological Monitoring Program for the development including, but not limited to;
a)
b)
c)
recommended hold points to allow for inspection and certification of geotechnical and
hydrogeological measures by the professional engineer; and
Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted
with the Development Application to be appointed as the professional engineer supervising the work
however, it is the Council’s recommendation that the author of the report be retained during the
construction stage.
removes the support provided by the supporting land to any other land (the supported land) or
building (the supported building).
For the purposes of this condition, supporting land includes the natural surface of the site, the
subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed.
Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or
building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or
permanent) or the like is considered necessary upon any adjoining or supported land by any person the
principal contractor or owner builder must obtain:
a.
b.
c.
d.
Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.
Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the
supporting land) that removes the support provided by the supporting land to any other adjoining land
(the supported land).
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DA 209/2010/1
30 August 2010
follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the
excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or
structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning,
shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval
to permanent underpinning, shoring, soil anchoring within or under any road.
Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not
adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any
road, public place, crown land under Council’s care control or management, or any community or
operational land as defined by the Local Government Act 1993.
Vibration monitoring equipment must be installed and maintained, under the supervision of a
professional engineer with expertise and experience in geotechnical engineering, between any
potential source of vibration and any building identified by the professional engineer as being
potentially at risk of movement or damage from settlement and/or vibration during the
excavation and during the removal of any excavated material from the land being developed.
If vibration monitoring equipment detects any vibration at the level of the footings of any
adjacent building exceeding the peak particle velocity adopted by the professional engineer as
the maximum acceptable peak particle velocity an audible alarm must activate such that the
principal contractor and any sub-contractor are easily alerted to the event.
Prior to the vibration monitoring equipment being reset by the professional engineer and any
further work recommencing the event must be recorded and the cause of the event identified
and documented by the professional engineer.
Where the event requires, in the opinion of the professional engineer, any change in work
practices to ensure that vibration at the level of the footings of any adjacent building does not
exceed the peak particle velocity adopted by the professional engineer as the maximum
acceptable peak particle velocity these changes in work practices must be documented and a
written direction given by the professional engineer to the principal contractor and any subcontractor clearly setting out required work practice.
The principal contractor and any sub-contractor must comply with all work directions, verbal
or written, given by the professional engineer.
A copy of any written direction required by this condition must be provided to the Principal
Certifying Authority within 24 hours of any event.
professional engineer, principal contractor and any sub-contractor responsible for such work
must immediately cease all work, inform the owner of that supported land and take immediate
action under the direction of the professional engineer to prevent any further damage and
restore support to the supported land.
Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building and any
structure or part of a structure”.
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DA 209/2010/1
30 August 2010
a)
b)
c)
Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of
premises at or from which any pollution occurs is taken to have caused the pollution”.
Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the
Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result
of the occupation of the land being developed whether or not they actually cause the pollution.
a)
b)
c)
Prior to pumping any water into the road or public stormwater system that approval is
obtained from Council under section 138(1)(d) of the Roads Act 1993;
That water pollution, as defined by the Protection of the Environment Operations Act
1997, does not occur as the result of the discharge to the road, public stormwater system
or other place or any site water;
downpipes and stormwater pipes, to a Council approved stormwater disposal system
immediately upon completion of the roof installation or work creating other impervious
areas.
Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected
by unreasonable overland flows of stormwater and that site water does not concentrate water such that
they cause erosion and water pollution.
42
DA 209/2010/1
30 August 2010
drainage system and flood protection measures relative to Australian Height Datum
The Principal Contractor or Owner Builder must ensure that a surveyor registered under the
Surveying Act 2002 carries out check surveys and provides survey certificates confirming the
location of the building(s), ancillary works, flood protection works and the stormwater
drainage system relative to the boundaries of the site and that the height of buildings, ancillary
works, flood protection works and the stormwater drainage system relative to Australian
Height Datum complies with this consent at the following critical stages.
The Principal Contractor or Owner Builder must ensure that work must not proceed beyond
each of the following critical stages until compliance has been demonstrated to the PCA’s
satisfaction:
a)
b)
c)
d)
e)
f)
g)
Upon the completion of foundation walls prior to the laying of any floor or the pouring
of any floor slab and generally at damp proof course level;
Upon the completion of formwork for floor slabs prior to the laying of any floor or the
pouring of any concrete and generally at each storey;
Upon the completion of formwork or framework for the roof(s) prior to the laying of
any roofing or the pouring of any concrete roof;
Upon the completion of formwork and steel fixing prior to pouring of any concrete for
any ancillary structure, flood protection work, swimming pool or spa pool or the like;
driveways showing transitions and crest thresholds confirming that driveway levels
match Council approved driveway crossing levels and minimum flood levels.;
Stormwater Drainage Systems prior to back filling over pipes confirming location,
height and capacity of works.
Note: This condition has been imposed to ensure that development occurs in the location and at the height
approved under this consent. This is critical to ensure that building are constructed to minimum heights
for flood protection and maximum heights to protect views and the amenity of neighbours.
a)
b)
any trip hazards.
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DA 209/2010/1
30 August 2010
a)
b)
c)
d)
e)
f)
g)
E.20 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous
Works Road works and work within the Road and Footway
All work carried out on assets which are under Council ownership or will revert to the
ownership, care, control or management of Council in connection with the development to
which this consent relates must comply with Council’s Specification for Roadworks,
Drainage and Miscellaneous Works dated January 2003.
The owner, principal contractor or owner builder must meet all costs associated with such
works.
This condition does not set aside the need to obtain relevant approvals under the Roads Act
1993 or Local Government Act 1993 for works within Roads and other public places.
Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be down
loaded free of charge from Council’s website www.woollahra.nsw.gov.au
E.21 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters
Temporary child-resistant barriers must be installed in compliance with the Swimming Pools
Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992
contains more than 300mm in depth of water at any time. Permanent child-resistant barriers
must be installed in compliance with the Swimming Pools Act 1992 as soon as practical.
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DA 209/2010/1
30 August 2010
Backwash and any temporary dewatering from any swimming pool or spa pool as defined by
the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9
(Figure 10.2) of AS/NZS 3500.2.2:1996.
Note: This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming
Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming
Pools Act 1992.
E.22 Waste minimisation and management – Demolition
In order to maximise resource recovery and minimise residual waste from demolition
activities:
•
the provisions of the Site Waste Minimisation and Management Plan (SWMMP) are to
be implemented at all times during the course of the work
•
an area is to be allocated for the storage of materials for use, recycling and disposal
(giving consideration to slope, drainage, location of waterways, stormwater outlets,
vegetation and access and handling requirements)
•
provide separate collection bins and/or areas for the storage of residual waste
•
clearly ‘signpost’ the purpose and content of the bins and/or storage areas
•
implement measures to prevent damage by the elements, odour, health risks and
windborne litter
•
minimise site disturbance, limiting unnecessary excavation
When implementing the SWMMP the applicant must ensure:
•
footpaths, public reserves and street gutters are not used as places to store demolition
waste or materials of any kind without Council approval
•
any material moved offsite is transported in accordance with the requirements of the
Protection of the Environment Operations Act (1997)
•
waste is only transported to a place that can lawfully be used as a waste facility
•
generation, storage, treatment and disposal of hazardous waste and special waste
(including asbestos) is conducted in accordance with relevant waste legislation
administered by the EPA and relevant Occupational Health and Safety legislation
administered by WorkCover NSW
•
evidence such as weighbridge dockets and invoices for waste disposal or recycling
services are retained
Note: Materials that have an existing reuse or recycling market should not be disposed of in a
landfill. Reuse and recycling opportunities are decreased when asbestos is not carefully removed and
segregated from other waste streams.
E.23 Waste minimisation and management – Construction
In order to maximise resource recovery and minimise residual waste from construction
activities:
•
•
arrange for the delivery of materials so that materials are delivered ‘as needed’ to
prevent the degradation of materials through weathering and moisture damage
•
consider organising to return excess materials to the supplier or manufacturer
•
allocate an area for the storage of materials for use, recycling and disposal (considering
slope, drainage, location of waterways, stormwater outlets and vegetation)
•
clearly ‘signpost’ the purpose and content of the storage areas
45
DA 209/2010/1
•
•
•
•
•
•
30 August 2010
arrange contractors for the transport, processing and disposal of waste and recycling.
Ensure that all contractors are aware of the legal requirements for disposing of waste.
promote separate collection bins or areas for the storage of residual waste
implement measures to prevent damage by the elements, odour and health risks, and
windborne litter
minimise site disturbance and limit unnecessary excavation
ensure that all waste is transported to a place that can lawfully be used as a waste
facility
retain all records demonstrating lawful disposal of waste and keep them readily
accessible for inspection by regulatory authorities such as council, Department of
Environment and Climate Change (DECC) or WorkCover NSW
F.
F.1
F.2
a)
b)
c)
d)
e)
f)
g)
h)
i)
j
All waterproofing.
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DA 209/2010/1
30 August 2010
F.3
Swimming and Spa Pools – Permanent Child Resistant Barriers and other matters
Prior to any occupation or use of the development and prior to filling any swimming pool as
defined by the Swimming Pool Act 1992:
a)
b)
c)
d)
Permanent child-resistant barriers must be installed in compliance with the Swimming
Pools Act 1992.
The Principal Contractor or owner must apply for and obtain a Compliance Certificate
under section 24 of the Swimming Pools Act 1992.
Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool
Guidelines in force at that time and private pools are encouraged to comply with the
same standards as applicable.
Water recirculation and filtration systems must be installed in compliance with AS
1926.3-2003:Swimming pool safety - Water recirculation and filtration systems.
Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of
AS/NZS 3500.2.2:1996:
a)
b)
Water recirculation and filtration systems must be connected to the electricity supply by
a timer that limits the systems operation such that it does not operate:
Before 8 am or after 8 pm on any Sunday or public holiday or before 7 am or after 8 pm
on any other day.
Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:
http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf
G.
No condition
H.
(s109C(1)(c))
All BASIX commitments must be effected in accordance with the BASIX Certificate No.<
A82800>.
been fulfilled."
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30 August 2010
H.2 Landscaping
All landscape work including all planting must be completed by the principal contractor or
owner in compliance with the approved landscape plan, arborist report, transplant method
statement and tree management plan. The principal contractor or owner must provide to PCA
a works-as-executed landscape plan and certification from a qualified landscape
architect/designer, horticulturist and/or arborist as applicable to the effect that the works as
completed comply with this consent.
Note: This condition has been imposed to ensure that all Landscaping work is completed prior to the issue of
the Final Occupation Certificate.
a)
b)
c)
d)
e)
The site sign;
Ablutions;
Hoarding;
Scaffolding; and
I.
I.1
A82800.
Note: This condition affects successors in title with the intent that environmental sustainability measures must be
maintained for the life of development under this consent.
I.2
Maintenance of Landscaping
All landscaping must be maintained in general accordance with this consent.
This condition does not prohibit the planting of additional trees or shrubs subject that they are
native species endemic to the immediate locality.
This condition has been imposed to ensure that the landscaping design intent is not eroded
over time by the removal of landscaping or inappropriate exotic planting.
Note: This condition also acknowledges that development consent is not required to plant vegetation and that
over time additional vegetation may be planted to replace vegetation or enhance the amenity of the
locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land.
Further, drought proof vegetation being native species endemic to the immediate locality is encouraged.
Suggested native species endemic to the immediate locality are listed in the Brochure Titled “Local
Native Plants for Sydney’s Eastern Suburbs” published by Woollahra, Waverley, Randwick and Botany
Bay Councils.
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DA 209/2010/1
I.3
30 August 2010
Swimming and Spa Pools – Maintenance
Swimming and Spa Pools must be maintained:
a)
b)
c)
d)
e)
In compliance with the Swimming Pools Act 1992 with regard to the provision of childresistant barriers and resuscitation signs;
In compliance with the NSW Health “Public Swimming Pool and Spa Pool Guidelines”
in force at that time. Private pools are encouraged to comply with the same standards as
applicable;
In compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and
filtration systems ;
With backwash being discharged to the sewer in compliance with clause 10.9 (Figure
10.2) of AS/NZS 3500.2.2:1996, and
With a timer that limits the recirculation and filtration systems operation such that it
does not emit noise that can be heard within a habitable room in any other residential
premises (regardless of whether any door or window to that room is open):
•
Before 8 am or after 8 pm on any Sunday or public holiday, or
•
Before 7 am or after 8 pm on any other day.
Note: Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems
require regular maintenance to ensure that life safety, health and amenity standards are maintained.
Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:
http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf
I.4
time.
J.
No condition
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DA 209/2010/1
K.
30 August 2010
Advisings
a)
b)
c)
d)
www.agd.nsw.gov.au.
50
DA 209/2010/1
30 August 2010
licence.
NSW 2124.
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DA 209/2010/1
30 August 2010
K.6 Appeal
contact Thomass Wong, Assessment Officer, on (02) 9391 7158
hearing.
K.8 Compliance with the Building Code of Australia
Preliminary assessment of the development application drawings indicates that the proposal
may not comply with the following sections of the Building Code of Australia:
a)
Part 3.3.4 - Weatherproofing of masonry
b)
Part 3.4.1 - Sub floor ventilation
52
DA 209/2010/1
c)
Part 3.7 - Fire safety
•
Part 3.7.1 Fire separation
•
Part 3.7.2 Smoke alarms
•
Part 3.7.3 Heating appliances
d)
Part 3.8 - Health and amenity
•
Part 3.8.1 Wet areas
•
Part 3.8.3 Facilities
•
Part 3.8.4 Light
•
Part 3.8.5 Ventilation
•
Part 3.8.6 Sound insulation
e)
Part 3.9 - Safe movement and access
•
Part 3.9.1 Stair construction
•
Part 3.9.2 Balustrades
•
Part 3.9.3 Pool access
30 August 2010
Note: There must be no removal of heritage building fabric unless expressly authorised under this consent
where compliance with the BCA cannot be achieved without work not authorised under this consent
application to amend this consent is required.
K.9 Dilapidation Report Condition
Please note the following in relation to the condition for a dilapidation report:
a)
b)
c)
d)
e)
The dilapidation report will be made available to affected property owners on requested
and may be used by them in the event of a dispute relating to damage allegedly due to
the carrying out of the development.
This condition cannot prevent neighbouring buildings being damaged by the carrying
out of the development.
Council will not be held responsible for any damage which may be caused to adjoining
buildings as a consequence of the development being carried out.
Council will not become directly involved in disputes between the Developer, its
contractors and the owners of neighbouring buildings.
In the event that access for undertaking the dilapidation survey is denied the applicant is
to demonstrate in writing to the satisfaction of the Council that all reasonable steps were
taken to obtain access to the adjoining property. The dilapidation report will need to be
based on a survey of what can be observed externally.
K.10 Roads Act Application
Works or structures over, on or under public roads or footpaths are subject to Sections 138,
139 & 218 of the Roads Act 1993 and specifically:
•
•
•
•
•
Construction of driveways and/or new or alterations to footpath paving
Alteration and/or extension to Council drainage infrastructure
Alteration and/or addition of retaining walls
Pumping of water to Council’s roadway
Installation of soil/rock anchors under the roadway
53
DA 209/2010/1
30 August 2010
An “Application to carry out works in a Public Road” form must be completed and lodged,
with the Application fee, at Council’s Customer Services counter. Detailed plans and
specifications of all works (including but not limited to structures, road works, driveway
crossings, footpaths and stormwater drainage etc) within existing roads, must be attached,
submitted to and approved by Council under Section 138 of the Roads Act 1993, before the
issue of any Construction Certificate.
Detailed engineering plans and specifications of the works required by this Condition must
accompany the Application form. The plans must clearly show the following:
•
•
Engineering drawings (plan, sections and elevation views) and specifications of the
footpath, driveways, kerb & gutter, new gully pit showing clearly the connection point
of site outlet pipe(s). Note, the connection drainage lines must be as direct as possible
and generally run perpendicular to the kerb alignment.
Engineering drawings of the new drainage line to be constructed joining the new and
existing drainage pits including services.
All driveways must include a design longitudinal surface profile for the proposed driveway
for assessment. The driveway profile is to start from the road centreline and be along the
worst case edge of the proposed driveway. Gradients and transitions must be in accordance
with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway
profile submitted to Council must be to (1:25) scale (for template checking purposes) and
contain all relevant details: reduced levels, proposed grades and distances.
maintained unless otherwise specified by Council. Your driveway levels are to comply with
AS2890.1 and Council’s Standard Drawings. There may be occasions where these
requirements conflict with your development and you are required to carefully check the
driveway/garage slab and footpath levels for any variations.
Note: any adjustments required from the garage slab and the street levels are to be carried out internally on
private property
Drainage design works must comply with the Council’s draft Development Control Plan
Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14
December 2006), and
Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor
Policy”.
All public domain works must comply with Council’s “Specification for Roadworks,
Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise
by these conditions. This specification and the application form can be downloaded from
www.woollahra.nsw.gov.au .
Note: When a large Roads Act is required, then four (4) weeks is to be allowed for assessment.
54
DA 209/2010/1
30 August 2010
crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design
and levels changes under this consent. This may in turn require the applicant to seek to amend this
consent.
Mr T Wong
George Fotis
TEAM LEADER
ANNEXURES
1.
2.
3.
4.
Plans and elevation
Referral Response – Tech. Services
Referral Response – Tree & Landscaping
Referral Response – Heritage
55
Item No:
Subject:
Author:
30 August 2010
D9 Delegated to Committee
Register of Current Land and Environment Court Matters and
Register of Court Proceedings for Building Control, Environmental
Control & Health Control
Patrick Robinson, Manager – Development Control
Timothy Tuxford, Manager – Compliance
Council, at its meeting of 17 August 1994 resolved in the following terms:
THAT the Register of current Land and Environment Court Matters for Development
Applications presented in the Development Applications Summary be transferred to the
Development Control Committee to be considered at each meeting.
Further, the Development Control Committee at its meeting of 29 March 2010 resolved in the
following terms:
THAT a 'Register of Court Proceedings for Building Control, Environmental Control and
Health Control' be presented to the Development Control Committee at least once a month to
highlight the prosecution activities being undertaken by Council's Compliance section.
Please find attached a copy of the current registers.
Recommendation:
A.
THAT the attached register of current Land and Environment Court Matters for
Development Applications be received and noted.
B.
THAT the attached register of Court Proceedings for Building Control, Environmental
Control and Health Control be received and noted.
Patrick Robinson
Manager Development Control
Timothy Tuxford
Manager Compliance
2
DA 281/2008/2
9 Military Road WATSONS BAY
30 August 2010
LAND AND ENVIRONMENT COURT UPDATE REPORT
ITEM No.
D10
FILE No.
DA 281/2008/2
ADDRESS:
9 Military Road, Watsons Bay
EXISTING CONSENT:
Demolition of the existing residential flat building, and the
construction of a new three (3) unit apartment building with
underground carparking, landscaping and siteworks.
TYPE OF CONSENT:
Local
DATE OF CONSENT:
29/06/2009
PROPOSED
MODIFICATION:
Reinstatement of roof terrace (the deletion of Condition C1, part f).
DATE S96 LODGED:
11/03/2010
CONSENT AUTHORITY
Council
APPLICANT:
Mr R Stathakis
OWNER:
Lauvan Pty Ltd
AUTHOR:
Ms E Smith
1.
PREAMBLE
On 17 May 2010, Council’s Development Control Committee resolved to go against the staff
recommendation for conditional approval of the subject section 96 application and recommended
the refusal of the section 96 application to full Council. A copy of the staff planning report is
attached as Annexure 1. The matter was referred to the full Council in accordance with Council’s
meeting procedures and policy due to the substantive change of the Development Control
Committee’s recommendation (refusal) from the Senior Assessment Officer’s recommendation
(conditional approval).
On 24 May 2010, full Council resolved to refuse the section 96 application for the following
reasons:
1.
2.
3.
4.
5.
Not in the public interest
Privacy and acoustic impacts
Inappropriate within a Heritage Conservation Area
Adverse impact upon the adjoining and surrounding heritage items
Unnecessary given existing/approved balconies.
1
DA 281/2008/2
9 Military Road WATSONS BAY
2.
30 August 2010
BASIS OF REPORT
At the time of writing this report, the Court had determined that the matter was to be listed for a
hearing around 19-20 October 2010.
In accordance with Council’s procedures and policy, prospects of success advice in relation to the
appeal, was sought from Council’s solicitors due to the substantive change of the Development
Control Committee’s recommendation (refusal) from the Senior Assessment Officer’s
recommendation (conditional approval). Council’s solicitors provided Council with prospects of
success on 22 July 2010. This advice is attached as Annexure 1 to the confidential report.
3.
RECOMMENDATION
A.
THAT in respect of the appeal to the Land and Environment Court against Council’s refusal
to grant consent to Development Application No. 281/2008 part 2 to modify the consent to
Development Application No. 281/2008, for demolition of the existing residential flat
building and the construction of a new three (3) unit apartment building with underground
carparking, landscaping and siteworks at the above premises issued on 10 July 2008, the
Committee resolve to enter into closed session with the press and public excluded to consider
the confidential report on this matter in accordance with the provisions of Section 10A(2)(g)
of the Local Government Act 1993.
B.
THAT in accordance with Council’s policy of confidentiality, the confidential report remain
confidential for a period of six (6) months or until the conclusion of the appeal, which ever
occurs last.
Ms E Smith
ASSESSMENT OFFICER
Mr N Economou
TEAM LEADER
ANNEXURES
1.
Development Application Assessment Report.
2
DA 163/2010/1
2 William Street DOUBLE BAY
30 August 2010
ITEM No.
R1
FILE No.
DA 163/2010/1
PROPERTY DETAILS
Address:
Lot & DP No:
Side of Street:
Zoning:
PROPOSAL:
Use of Steyne Park for the Chanukah festival to be held annually in
December from 2010 to 2014
TYPE OF CONSENT:
Local
APPLICANT:
Chabad Double Bay
OWNER:
DATE LODGED:
19/04/2010 (Original submission)
26/04/2010 (amended plans)
AUTHOR:
Mr D Lukas
2 William Street DOUBLE BAY (Steyne Park)
538 & 752011
North
Open Space 6 - General Recreation
DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION? YES
1.
NO
Approval because:
•
•
•
2.
The proposal would satisfy the relevant planning controls and objectives for the locality
The proposal would not result in any detrimental impact on the local community
The social event would be beneficial for the local community
PROPOSAL PRECIS
Use of Steyne Park for the Chanukah festival which includes general entertainment for adults and
children, food and fire works. The event would be held annually for one day in December from
2010 to 2014.
H:\Development Control Committee\AGENDAS\2010\Working Agenda\R1.doc
1
DA 163/2010/1
3.
30 August 2010
LOCALITY PLAN
Subject
Site
Objectors
North
Note: 3 Objections have been
received from residents
outside the map boundaries
4.
The proposal seeks the use of Steyne Park for the Chanukah festival to be held annually on the
following dates:
•
•
•
•
•
Tuesday 7 December 2010
Based on similar past events, the celebration is expected to attract between 1000-2000 people.
The event will commence at 4:00pm and finish at 9:00pm, with time required before and after the
event for setting up and subsequent clean up.
The following activities are proposed to take place:
•
•
•
•
•
Juggler, musicians and dancing groups
Small scale carnival rides aimed at young children
Singing and musical groups
Speeches
Sale of traditional foods and beverages such as kosher BBQ meats, potato latkes (type of
pancake), doughnuts, etc.
2
DA 163/2010/1
•
•
30 August 2010
Petting Farm
Fireworks commencing at approximately 8.30pm and concluding by 9:00pm.
The following temporary structures are to be erected:
•
•
•
•
•
5.
Small stage (2m x 3m x 1m high);
Trestle tables;
Jumping castle and children’s slides
6 Porta-loos
80 Chairs
SUMMARY
Reasons for report
In accordance with Council’s delegations the application is
presented to Full Council as the proposal involves an application
relating to community land and there are unresolved objections.
6.
Issues
Traffic management
Noise control
Objector’s concerns
Submissions
7 submissions were
received.
The fee for the development application was based on Council’s guidelines.
7.
DESCRIPTION OF SITE AND LOCALITY
Physical
features
Topography
Existing
structures
Environment
The site is known as Steyne Park which is bounded by Sydney Harbour to its north, Bay Street to
the east, William Street to the south and Ocean Avenue to the west. The park itself is approximately
13,900m2 in area with boundaries measuring between 105m and 145m.
The park is elevated above the harbour and is relatively flat.
Located within the park is a toilet block to the southern end and a playground its north eastern end.
The park has trees lining its perimeter.
The park is surrounded by a mixture of low to medium density development to the east and west,
Double Bay Public School to the south and the Double Bay Wharf and Double Bay 18 Footers
Skiff Club to the north.
3
DA 163/2010/1
8.
30 August 2010
PROPERTY HISTORY
Current use
Previous
relevant
applications
Open space
The Chanukah festival has been an annual event at Steyne Park for a number of years. The
following development applications for Chanukah Celebrations similar to the current proposal were
previously approved by Council:
•
•
•
•
•
•
Pre-DA
Request for
further
information
Amended
plans
L & E Court
appeal
DA1020/2000/1 for 26 December 2000
DA984/2001/1 for 12 December 2001
DA851/2002/1 for 4 December 2002
DA893/2003/1 for 23 December 2003
DA701/2004/1 for 14 December 2004
596/2005/1 for 27 December 2005, 19 December 2006, 11 December 2007, 23 December 2008
and 15 December 2009.
DA430/2009/1 proposed the use of Steyne Park for a school fete for Double Bay Public School on
the following dates - 15 November 2009, 14 November 2010, 13 November 2011, 18 November
2012 and 17 November 2013. The fete would run between 10am and 4pm, with set up and pack up
of stalls, stages and other equipment occurring between 7:30am and 6pm. Between 500 and 1000
people would be expected to attend. The activities and structures would be similar to that of the
subject application. The application was approved by Council on 2 November 2009.
None.
A letter was sent to the applicant on 21 April 2010 requesting the following information:
• Detailed Statement of Environmental Effects as per the DA Guide which includes details on
number and location of rides, stalls, activities, stages, fireworks, toilets, seating, café etc.
• Plans drawn to scales as per the DA Guide.
• Details of relevant Public Liability Insurance.
• Details and location of any advertising of the event.
• Details on the hours of the festival.
• Traffic /Parking Report.
Submitted 26 April 2010 providing detailed layout of festival
None.
9.
REFERRALS
9.1
Referral Officer
Traffic and Parking Engineer
Environmental Health Officer
Community Services
Open Space and Trees
Fire Safety Officer
9.2
Comment
No objection.
Approval subject to conditions
Approval
Annexure
2
3
4
5
6
A referral was sent to the New South Wales Police Force Crime Prevention Officer.
No referral response has been received.
4
DA 163/2010/1
30 August 2010
Council has previously notified the NSW Police of similar type events including the most recent
Double Bay Public School Fete (DA430/2009/1), which has an identical layout to the proposed
Chanukah Festival. The Police raised no objection to the other similar events subject to certain
considerations. The considerations raised form part of the recommended conditions of consent. In
addition, an advising has been included in the recommendation to notify the NSW Police of the
event closer to the day of the festival.
ENVIRONMENTAL ASSESSMENT UNDER SECTION 79C
The relevant matters for consideration under Section 79C of the Environmental Planning and
10.
10.1 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
The proposal would have no detrimental impact on wetlands or cause pollution or siltation of the
waterway. It would not detrimentally impact on existing vegetation or drainage patterns.
The proposal would satisfy the relevant criteria prescribed by the SREP.
10.2 Other legislation
None relevant.
11.
Aims and objectives of WLEP 1995 and zone (Clause 8(5))
relevant objectives of Zone No.6 (Open Space).
12.
None applicable.
13.
13.1 Woollahra Residential Development Control Plan 2003
The proposal would satisfy the relevant objectives and controls of the plan.
13.2 DCP for Off-Street Car Parking
There is no car parking available on Steyne Park.
Surrounding Steyne Park is a limited number of on-street car parking spaces. The surrounding
residential area is provided with a resident parking scheme limiting the duration of on-street
parking.
5
DA 163/2010/1
30 August 2010
The festival specifically targets the local community which anticipates a large portion of attendees
arriving by foot. Notwithstanding this, Steyne Park is well serviced by public transport options by
way of Ferries from the Double Bay wharf immediately adjoining and by the Bus/Rail interchange
at Edgecliff some 500metres to the south. Another option available to attendees is the use of
Double Bay Public School immediately opposite which can cater for 25vehicles (Traffic Controller
provided) and public car parking stations in the Double Bay Commercial Centre (Cosmopolitan
Building and Cross Street Carpark) for private car use.
The application proposes advertising the event in local papers, mail drops, flyers and the like. The
advertisement of the festival would enable local residents to prepare for any temporary impacts
associated with on-street parking and traffic implications for the duration of the event.
The previously held Chanukah Festivals have not resulted in any significant detrimental impact on
local parking or traffic flows.
In light of the short duration of the event, being a few hours on one day of the year, and the
availability of both public and private transport options in the immediate vicinity, the proposal
would not have a detrimental impact on the local community with respect to parking or traffic
movement.
14.
WOOLLAHRA ACCESS DCP
The proposal would be fully accessible to people with a disability and could comply with the
relevant requirements of the BCA as well as Australian Standard AS1428.2.
The proposal provides satisfactory access in accordance with the requirements prescribed by the
DCP.
15.
The proposal would also comply by condition with the relevant criteria prescribed by the Building
Code of Australia and relevant Australian Standards.
16.
The likely impacts of the proposal are assessed as follows:
Waste
A commercial contractor will be employed to undertake the cleanup of the park immediately after
the event. Waste receptacles will be hired from Council and recycling will be enforced by
condition.
Noise
The temporary use of amplification system for music, speeches, performances and announcements
will be limited to the duration of the event. The festival would conclude at 9:00pm and limited to
one day of the year.
The packing of equipment and final clean up is to be completed by 11:00pm.
The extent of noise generated would only be a minor and temporary impact and would not be
detrimental to the amenity of residents in the locality.
6
DA 163/2010/1
30 August 2010
Council’s inventory indicates that there have be no noise complaints to past similar events from
residents in respect to noise. Council can enforce the control of offensive noise or have
amplification of music reduced should a nuisance arise. Conditions applied.
Crowd management, Safety and Security
Private security would be employed by the event organisers. Stalls and chairs would be set out in
accordance with the requirements of the Building Code of Australia and relevant Australian
Standard to manage crowd control.
The applicant has indicated that a request would be made to the NSW Police to provide a visual
presence.
The proposed measures would ensure adequate security is provided for the event.
Damage to community land
Conditions are recommended to ensure installations and activities are limited and controlled to
minimise potential damage to community land.
Site facilities
Port-a-loos would be provided for the public as well as food stalls which would cater for the
anticipated attendees of the event. Conditions applied.
Advertising
The application proposes advertising the event in local papers, mail drops, flyers and the like. The
advertisement of the festival would enable local residents to prepare for any temporary impacts
associated with the event.
Fireworks
Council’s Open Space and Tree Officer has recommended that the fireworks display be relocated to
the northern end of the Park in order to avoid damage to the trees in the park. The revised location
would also be adequately setback from adjoining dwellings and the Double Bay Sailing Club to
avoid any potential damage to public and private property.
The temporary implications associated with the fireworks would not be detrimental to the public or
wildlife.
Prior to the event, appropriate licenses and safety mechanisms associated with the license for the
staging of fireworks would need to be obtained by the applicant.
First Aid
Several volunteers on duty are medical professionals. In addition, the Jewish Ambulance Group
would be attending the event should a need arise.
Insurances
Adequate liability insurance cover would be provided for the event. Condition applied.
Power
The event organisers would provide their own power supply (portable generators). Any acoustic
impacts associated with these elements would be temporary and would form part of the background
noise level associated with the event. The proposal would not be detrimental to the amenity of
adjoining residents.
7
DA 163/2010/1
30 August 2010
Park Management and Maintenance
Appropriate conditions are recommended to ensure preservation of the parklands and the vegetation
thereon.
Exclusion of residents from using the park
An adjoining neighbour has objected to the use of the park by a particular group. The proposed
festival does not isolate or segregate the community but is open to anyone wishing to attend. The
proposal provides a temporary activity on the park to benefit the public and enhances community
activity and participation.
Summary
Having regard to the limited duration of the event, it is considered that the proposal will not impact
on the amenity of the locality or interfere with businesses in the area.
Council has the right to an annual review of the event should a nuisance arise. Condition applied.
All other likely impacts have been addressed elsewhere in the report.
17.
The site is suitable for the proposed development.
18.
SUBMISSIONS
Notifications DCP. Submissions were received from:
•
•
•
•
•
•
•
D. Batcock – 77 Ocean Avenue, Double Bay
M.J. Wilson – 6/4 South Avenue, Double Bay
J. Turner – 46 Dover Road, Rose Bay
C. & S. Vitaris – P.O. Box 105 Rose Bay
Anonymous
R. Mathews – 21/4 Mitchell Road, Darling Point
D. Roach - President of Double Bay Sailing Club
The objectors raised the following issues:
•
•
•
•
•
•
Loss of security
Fireworks detrimental to native wildlife and dogs
Risk of fire from fireworks display
Excessive noise from amplification system
Exclusion of local residents from use of a public space
Ensuring activities associated with festival do not interfere with other businesses or property
The issues raised have been addressed in the body of the report.
8
DA 163/2010/1
19.
30 August 2010
The site is suitable for the proposed development and that the proposal is acceptable against the
relevant considerations under s79C of the Environmental Planning and Assessment Act 1979 and
Woollahra LEP 1995.
20.
Under Section 147 of the Environmental Planning and Assessment Act, 1979 there have been no
21.
Application No.163/2010 for the use of Steyne Park for the Chanukah Festival to be held annually
in December from 2010 to 2014 on land at 2 William Street Double Bay, subject to the following
conditions:
A.
General Conditions
Those with the benefit of this consent must carry out and operate the Chanukah Festival in
Steyne Park in accordance with the plan listed below as submitted by the Applicant and to
which is affixed a Council stamp “Approved DA Plans” unless modified by any following
condition.
Title
Description
Author/Drawn
Date(s)
Chanukah Festival layout
Plan
No author
Undated
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DA 163/2010/1
30 August 2010
A.4 Yearly Review
Council reserves the right to review the operation of the Chanukah Festival at yearly intervals
and impose any further stipulations on the operation of the festival.
A.5 Dates of Chanukah Festival
The Chanukah Festival is to be held on the following dates only: Tuesday 7 December 2010,
Tuesday 27 December 2011, Tuesday 11 December 2012, Tuesday 3 December 2013 and
Tuesday 23 December 2014.
B.
construction
Nil.
C.
Nil.
D.
Conditions which must be satisfied prior to the commencement of the Chanukah
Festival
D.1 Park Hire Approval (in subsequent years)
The applicant is required to apply to Council to seek approval to use Steyne Park prior to 1
August of each year prior to the subsequent event. This is to ensure that Council, as Trust
Manager of Steyne Park, is satisfied that the park is available and suitable for use for the
event and the applicant has fully complied with the conditions of this consent.
Council, as Trust Manager, may also impose further conditions of hire that aim to protect the
park environment and other park users.
D.2 Vehicle access
The applicant is to notify Council 24 hours before any vehicles or equipment is delivered to
the park to enable a Council representative to be on-site at the time of delivery. Please
contact Customer Service on 9391 7000 to arrange this meeting.
Temporary structures and amusement devices must be removed from the Park no later than
11:00p.m. on the day of the event.
10
DA 163/2010/1
30 August 2010
D.3 Registration of food stall holders
The food stall holders and/or events organiser must register with Council and notify the NSW
Food Authority the food business details of all food stall holders. This can be done by
contacting Council ([email protected]) and the NSW Food Authority’s
website (www.foodauthority.nsw.gov.au).
D.4 Fitout of food stalls
The person(s) with the benefit of this consent must submit to Council details of the typical
construction and fitout of the temporary food stalls proposed at the Chanukah Festival. Such
details must demonstrate compliance with the Food Act 2003 and Regulation there under; the
Food Standards Code and the Food Handling Guidelines for Temporary Events. The
construction and fitout of the temporary food stalls shall be to the approval of Council’s
Environmental Health Officers’.
Food stall operators and the events organiser must ensure there is a sufficient supply of
electricity for food handling operations, particularly for hot and cold food holding and water
heating. All electrical work should be undertaken by a licensed electrician and conform to
AS3002-1985 ‘Electrical Installations-Shows and Carnivals’. Any gas bottles used for
appliances should be secured so that it cannot be tipped over and should be pressure checked.
D.5 Access
The applicant is to notify Council the Friday before the event to confirm the vehicle and/or
equipment delivery schedule. Temporary structures that are left on site over night will incur
further costs and must be removed from the Park between 7.00am and 8.00am the following
morning.
D.6 Public Liability
The applicant must provide a copy of a Certificate of Currency prior to each event showing
Public Liability Insurance to the value of $10,000,000 for each Chanukah Celebration and
nominating Chabad Double Bay and Woollahra Council as interested parties.
Copies of Certificates of Currency for Public Liability Insurance are also to be supplied by
each of the service or entertainment (amusement ride) providers operating at each of the
events.
E.
Conditions which must be satisfied during the preparation of the Chanukah Festival
E.1 Building Code of Australia Requirements
The following work is to be implemented to ensure compliance with the following provisions
of the BCA:
a)
b)
c)
d)
The seating arrangements for the stage shall comply with the requirements of NSW
Clause H102.10 of the BCA;
The fabrics used for the temporary structures shall comply with the requirements of
NSW Clause H102.8;
The electrical services shall comply with NSW Clause H102.14; and,
Sanitary accommodation shall be provided to the temporary structures in accordance
with NSW Clause H102.11.
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DA 163/2010/1
30 August 2010
Note: Where this condition specifies compliance with prescriptive (deemed to satisfied) provisions of the BCA
these prescriptive requirements must be satisfied and cannot be varied unless this condition is reviewed
under section 82A or amended under section 96 of the Act.
Note: This condition does not set aside compliance with clause 143 of the Regulation in relation to Fire
Protection and Structural Adequacy.
Note: AS 4655 Guidelines for fire safety audits for buildings (or any succeeding AS) should form the basis of
any fire upgrade.
E.2 Fire Point
A fire point is to be suitably located within the site with suitable portable fire extinguishers as
per Australian Standard AS2444, being a mobile fire point.
All structures are to comply with Part H102 (Temporary Structures) of the Building Code of
Australia.
E.3 Park Management and Maintenance
To avoid damage as a result of the Chanukah Festival and ensure preservation of the
parklands, the following must be complied with:
•
•
•
•
•
•
No parking of vehicles is permitted on Council parklands
No marquees or structures are permitted other than those specified in the development
consent
Erection of temporary structures made permissible by this application must not interfere
with the existing underground irrigation system or quality of the playing field turf
surface
No advertising signage can be hung between park trees or from park furniture including
light poles.
No tables or chairs are permitted in Steyne Park other than those specified in this
application
No existing park signage is to be obstructed or interfered with in the conduct of the
event.
E.4 Protection of vegetation
•
•
•
•
•
No equipment is to be stored or set-up within 2metres of any tree trunk, shrub or garden
bed.
No vehicle is to drive or stand within 2metres of any tree trunk, shrub or garden bed.
No speakers, lights or the like are to be attached to or placed within any tree, shrub or
garden bed
No shrubs, trees or other vegetation are to be moved, lopped or damaged.
Any chairs to be used must have feet designed to minimise damage to the grassed
surface. eg. Triangle shaped feet
E.5 Wet weather
In the event of excessive rain either before or during the event, the Director of Technical
Services, or the Director’s nominated representative, is authorised to direct that all or part of
the park not be used, if in the opinion of the Director of Technical Services or his authorised
representative, excessive damage to the park will result.
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DA 163/2010/1
30 August 2010
E.6 Toilets
Council toilet facilities at the event are insufficient to cope with the number of participants as
expected over the six (6) hour period of the event. It is the responsibility of the event
organisers to arrange adequate port-a-loos for the period of the event. In the event of wet
weather, port-a-floor must be used in front of the port-a-loos to prevent excessive wear and
tear of turf. These facilities are to be located near to the existing toilet facilities and are to be
removed at the end of the event.
The organisers must leave Steyne Park toilet facilities with the same level of cleanliness as at
the commencement of the event. Any cleaning costs incurred by Council’s Open Space and
Trees Department following the event will be charged to the applicant.
E.7 Waste Services and Cleaning
Additional waste services required for the event are the responsibility of the organisers. Waste
Services can be arranged through private contractors or by hiring receptacles from Council’s
Waste Section.
The event organisers must leave Steyne Park and surrounds with the same level of cleanliness
as at the start of the event. Any cleaning costs incurred by the Councils’ Parks Department for
cleaning of the park including the removal of litter and the removal of any grease stains from
roads, footpaths and paving after the event will be deducted from the damage security deposit.
E.8 Power, Generators and Cabling
The applicant is required to meet their own power needs for the event.
The applicant is responsible for ensuring all power cables do not affect pedestrian movement
or present risks to the safety of pedestrians
E.9 Security
The applicant is to provide adequate security measures at the event from set up to completion.
E.10 Marking of Aisles and Crossovers
If it is intended that the audience during speeches or performances be seated on the ground,
aisles and crossovers are to be clearly defined on the ground, without causing damage to turf
coverage.
E.11 Directions of Council Officers
Any direction of the Council is to be complied with. In this regard, it should be noted that
Council reserves the right to refuse or limit any activity associated with the event if in its
opinion, the activity is likely to cause damage, danger, nuisance or it is not in the
Municipalities interest.
13
DA 163/2010/1
30 August 2010
E.12 Fireworks Display
The fireworks display operator must have all appropriate approvals and licences required by
regulatory and other organisations. The display is to be conducted in a safe and proper manner
to ensure safety for surrounding residents, users of the park and wildlife. The display shall be
carried out between 8.30pm and 9.00pm.
The fireworks display must only be undertaken on the northern area of Steyne Park as cose
as possible to the harbour.
E.13 Location of temporary structures and activities
Temporary structures or activities including port-a-loos, vehicles, stages, BBQ, amusement
rides, petting zoo and firework displays shall not be located, operated or stored within the
dripline of any trees in Steyne Park.
F.
Nil.
G.
Nil.
H.
Conditions which must be satisfied during the ongoing operation of the Chanukah
Festival
H.1 Operation of food stalls
a)
b)
c)
d)
e)
f)
g)
h)
Food stall operators are required to handle food for sale for human consumption in
accordance with the Food Standards 3.1.1, 3.2.2 and 3.2.3.
Food stall operators and the events organiser must ensure there are adequately sized,
enclosed rubbish bins at each food stall and adequate arrangements made to dispose of
garbage contents at the end of the day.
The event's organizer should ensure that adequate toilet facilities for food handlers
made available.
Only potable water must be used for preparing food and for washing. Ice used for
keeping food cool or adding to food or drink must also be potable.
A fire extinguisher and fire blanket should be supplied in each stall where cooking or
heating processes are undertaken. Such equipment should be easily accessible in the
event of a fire.
A sealed container of potable water with a tap should be provided at each stall, together
with suitable bowls or containers for cleaning, sanitising and hand washing. Clean
towels and detergent must be provided.
A hand washing facility, separate from other facilities and used only for that purpose,
must be provided. Warm water is needed for effective hand washing and personal
hygiene. Hot and cold water must be delivered through a single outlet to a dedicated
hand basin. Liquid soap and paper towels must be provided at or near the hand washing
facility.
A suitable sanitising agent must be available for sanitising food handling implements
and food contact surfaces.
14
DA 163/2010/1
i)
j)
k)
l)
m)
n)
o)
p)
q)
r)
30 August 2010
Foods that are required to be stored under temperature control, or kept frozen shall be
kept under strict temperature control. Cold foods should be stored at or below 5 degrees
celcius and hot food appliances such as bain maries and display cases should enable hot
foods to be kept at or above 60 degrees celcius at all times. Refrigeration facilities
should be large enough to hold potentially hazardous foods under temperature control at
all times.
Potentially hazardous foods like poultry, meat, dairy products, seafood and egg-based
products must be stored under temperature control. If the food is intended to be stored
frozen, the food must remain frozen during storage and display.
All food stall operators that handle potentially hazardous foods are required to have a
readily accessible, accurate, probe-type thermometer. The thermometer must be cleaned
and sanitised before it is used.
Adequate measures must be taken by all food stall operators to prevent crosscontamination from raw foods to cooked foods by ensuring that there are separate
utensils for cooked and raw meats, poultry and seafood; covering all food; keeping
cooked meat and salads separate and washing hands after handling raw meats, raw
poultry, raw seafood and raw vegetables.
All food displayed by food stall operators shall be protected from likely contamination
by customers, dust, fumes or insects by using plastic food wraps, sealed containers,
sneeze barriers or food covers.
Only single-use disposable eating and drinking utensils are permitted for use by food
stall operators and must be protected from contamination until used.
All packaging material must be suitable for food packaging and unlikely to cause food
contamination. Only clean unprinted paper, food wraps or packaging must be used for
wrapping or storing foodstuffs.
The food stalls must be maintained to a standard of cleanliness where there is no
accumulation of garbage or recycled matter, food waste, dirt, grease or other visible
matter.
Bench tops and surfaces of equipment in contact with food and storage appliances must
be kept in a clean and sanitary condition to ensure food is unlikely to be contaminated.
All pre-packaged products must be clearly labelled with a description of the food, the
name and address of the supplier, product lot identification, a list of ingredients, date
marking, storage conditions, nutrition information panel and characterising ingredient.
The above requirements are outlined in more detail in the Food Standards Code
available on the NSW Food Authority’s website (www.foodauthority.nsw.gov.au).
H.2 Hours of Operation
The hours of operation of the Chanukah Festival are limited between 4:00pm and 9:00pm.
The setting up of stalls and other activities are not to commence prior to 7:00am and the area
is to be cleared no later than 11:00pm on the day.
H.3 Public Access
Public access along the foreshore pathway and adjacent public playground is to be maintained
at all times.
Public seating in Steyne Park shall remain freely available to the public and is not to be
utilised in conjunction with the approved use.
15
DA 163/2010/1
30 August 2010
H.4 Emergency Access
Access for all emergency vehicles from roads surrounding the event must be made available
and monitored by security staff in the event of an emergency.
H.5 Residential Amenity
All activities are to be carried out and conducted in such a manner so as to not interfere with
the amenity of surrounding residents or those within the locality having regard to noise
emission, rubbish, waste products and the like.
H.6 Protection of the Environment Operations Act
The operation of the fete at Steyne Park shall not cause harm to the environment or give rise
to ‘pollution incidents’ as described in the Protection of the Environment Operations Act
1997.
The applicant is to ensure that no pollutants, including litter, enter Double Bay.
H.7 Traffic management
A traffic marshal is to be stationed at the William Street pedestrian crossing to assist with
pedestrian movement across William Street and to direct traffic to parking in Cross Street
parking station, the Cosmopolitan parking station and the grounds of Double Bay Public
School.
H.8 Noise Control
The use of the Park must not give rise to the transmission of offensive noise to any place of
different occupancy. Offensive noise is defined in the Protection of the Environment
Useful links:
/index.php).
(www.aaac.org.au).
16
DA 163/2010/1
30 August 2010
H.9 Offensive Noise
Musical entertainment and the like involving amplification must be at a volume where no
“offensive noise” is created as defined under the Protection of the Environment Operations
Act 1997. The festival organisers should seek guidance to acceptable noise levels through
consultation with a suitably qualified acoustic engineer, and in particular amplification
volumes set at a level where the amenity of the surrounding residential properties is not
compromised. It is recommended that contact details of the events organiser being provided
on a site board located within the park where nearby residents that may raise concerns
regarding noise levels can be handled in a prompt and responsive manner.
I.
Conditions which must be satisfied following completion of the Chanukah Festival
I.1
Making good damage to park and infrastructure
The applicant must repair or meet the cost of making good any damage to Steyne Park and
Council’s infrastructure, as a consequence of the activities associated with this consent.
The Park will be inspected at the completion of the event to assess any damage caused, such
as damage to trees, the turf surface, amenities block and presence of litter. Any damage must
be restored to the satisfaction of Council’s Manager Open Space and Trees at the cost to the
applicant and within a timeframe as agreed between the applicant and Manager of Public
Open Space. In assessing any damage, consideration will be given to normal wear and tear as
a consequence of the event. Payment of cost for damage repairs undertaken by Council must
be paid within 30 days from issue of Council’s invoice.
J.
Nil.
K.
Advisings
a)
b)
c)
d)
17
DA 163/2010/1
30 August 2010
www.agd.nsw.gov.au.
K.2 Commonwealth Disability Discrimination Act 1992 (“DDA”)
The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to
be inaccessible to people with a disability. Compliance with this development consent,
Council’s Access DCP and the BCA does not necessarily satisfy compliance with the DDA.
The DDA applies to existing places as well as places under construction. Existing places must
be modified and be accessible (except where this would involve "unjustifiable hardship”).
a)
b)
If you have any further questions relating to the application of the DDA you can send and
email to HEROC at [email protected].
The Rose Bay Local Area Command closely aligns with the boundaries of the Woollahra
local government area.
Council and Police approval is required prior to a partial or full temporary road closure. If
you are seeking a partial or full temporary road closure you must comply with the relevant
conditions of this consent and you must also gain the approval of the Traffic Sergeant,
Paddington Police Station, 16 Jersey Road, Paddington. Phone No.: 0283568299 or Fax No.:
0283568211.
Warning: If you partial or full close a road without compliance with Council and Police requirements Council
Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to
prosecution.
18
DA 163/2010/1
30 August 2010
K.5 Appeal
contact Mr Dimitri Lukas, Senior Assessment Officer, on (02) 9391 7159.
hearing.
0283568211.
prosecution.
K.7 NSW Police
Please notify the Rose Bay Local Area Command of the event closer to each date (Telephone
9362 6399).
Mr D Lukas
Mr D Waghorn
TEAM LEADER
19
DA 163/2010/1
30 August 2010
ANNEXURES
1.
Plan
2.
Referral Response – Technical Services
3.
Referral Response - Health
4.
Referral Response - Community Services
5.
Referral Response - Open Space and Trees
6.
Referral Response - Fire Safety Officer
20
DA 147/2009/1
26 Bundarra Road BELLEVUE HILL
30 August 2010
SECTION 82A REVIEW OF DETERMINATION REPORT
ITEM No.
R2
FILE No.
DA 147/2009
ADDRESS:
26 Bundarra Road BELLEVUE HILL 2023
Demolition of the existing dwelling and the erection of a new
residential flat building consisting of 3 apartments and a basement
level carpark for 7 vehicles
DATE DA DETERMINED: 6 October 2009
PROPOSAL:
SUBJECT OF REVIEW:
Refusal
21/04/2010
DATE S82A REVIEW
APPLICATION LODGED:
Inform Projects Pty Ltd
APPLICANT:
OWNER:
Mr S O Fereday & Mrs C J Boardman
REVIEW OFFICER:
Mrs L Holbert
DOES THE APPLICATION INVOLVE A SEPP 1 OBJECTION?
YES
NO
LOCALITY PLAN
Subject
Site
Objectors
North
Locality
Plan
1
DA 147/2009/1
1.
30 August 2010
SUMMARY
Reason for report
The development application was refused by the Development Control Committee on 6/10/2009.
Having regard to Council’s delegations, it is referred to the Full Council for determination.
Issues
•
•
•
•
•
FSR
Height
Setbacks
Excavation
Deep soil landscaping
Objections
4 objections were received.
Recommendation
Approval.
2.
BACKGROUND
DA147/2009 for Demolition of the existing dwelling and the erection of a new residential flat
building consisting of 3 apartments and a basement level carpark for 7 vehicles at 26 Bundarra
Road, Bellevue Hill was refused under delegated authority on the 6 October 2009 for the following
reasons:
1.
On the basis that the non-compliance with Council's 0.75:1 floor space ratio standard is
considered to be inconsistent with Objectives 11AA (a), (b) & (d) of WLEP 1995 underlying
the standard and that compliance with the standard is not considered to be inconsistent with
the objects specified in s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not
supported. Compliance is considered to be reasonable and necessary in this instance.
2.
On the basis that the non-compliance with Council's 9.5 m height standard is considered to be
inconsistent with 12AA Objective (b) of WLEP 1995 underlying the standard and that
compliance with the standard is not considered to be inconsistent with the objects specified in
s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not supported. Compliance is
considered to be reasonable and necessary in this instance.
3.
Due to the excessive floor space ratio, excessive height, excessive number of storeys and
inadequate side boundary setbacks, the proposal would present excessive bulk and scale to the
streetscape and accordingly, is considered to be inconsistent with:
•
•
Objectives 2, (k) (iii), 11AA (a), (b) & (d), 12AA (b) and Clauses 11 and 12 of
Woollahra LEP 1995
Performance criteria 3.2.1, 4.6.7.3 and 5.2.5 and Objectives 4.6.1, 5.1.1, 5.1.3, 5.1.5 and
5.2.3 of Woollahra RDCP 2003.
2
DA 147/2009/1
30 August 2010
4.
Due to excessive excavation, Bedrooms 1 & 2 of Unit 1 do not have an external wall
sufficiently above existing ground level to facilitate adequate natural light and ventilation and
accordingly, the proposal is considered to be inconsistent with Performance criterion 5.2.17 of
Woollahra RDCP 2003.
5.
The proposal does not provide adequate deep soil landscaped area and results in the
substantial loss of existing tree canopy. In this regard, the proposal is considered to be
inconsistent with Performance criterion 5.3.1 and Objectives 5.3.2, 5.3.4 and 5.3.5 of
3.
DESCRIPTION OF PROPOSAL SUBJECT OF REVIEW
The refused development consisted of the following works:
•
•
•
The demolition of the existing dwelling-house and garage.
The erection of a 3-4 storey, residential flat building consisting of 3 apartments (2 x 3
bedroom and 1 x 4 bedroom) and a basement level containing 7 carparking spaces including 1
visitor space.
A roof garden at third floor level and a metal skillion roof over the rear section of the third
floor level.
A new 1-1.6 m high masonry front fence, a 1.8 m high palisade front pedestrian gate and a 2.7
m high entry portico.
Below ground stormwater detention tank, rainwater tanks and air conditioning condenser
units adjacent to the rear elevation at ground level.
Landscaping of the front, rear and side sections of the site. Ten of the eleven existing trees are
proposed to be removed. The remaining one, a Frangipani, is proposed to be transplanted onsite.
Strata subdivision.
4.
DESCRIPTION OF PROPOSED REVIEW
•
•
•
•
An amended design has been submitted with this Section 82A Application. The proposed
amendments are as follows:
•
•
•
•
•
•
•
•
•
•
•
Minor adjustment to the size of the basement car park;
Reconfiguration of the entrance and small readjustment to the position of the front portico;
Minor internal reconfiguration and reduction to the size of unit 1, which has resulted in an
increase to the setbacks at this level;
Internal reconfiguration and reduction of the size of unit 3 at third floor level including the
deletion of the lift access, study and lounge area;
Replacement of part of the trafficable landscape roof with a deck, enlargement of the
trafficable roof area;
The planter boxes surrounding the trafficable roof at third floor level have been deleted;
The louvered privacy screen located on the eastern and western elevations at first and second
floor level have been made flush with these side walls of the building;
The profile of the roof over the third floor has been amended;
The material and details to the exterior have been amended.
3
DA 147/2009/1
30 August 2010
This report reviews all aspects of the determination including any cumulative impacts of the
changes requested by the applicant.
5.
COUNCIL’S STATUTORY RESPONSIBILITIES UNDER S82A
Under Section 82A of the Environmental Planning and Assessment Act 1979, an
applicant may request Council to review a determination of a development application, other than
for:
(a)
(b)
(c)
designated development,
integrated development; or
state significant development
The request for review must be made within 12 months after the date of determination and the
review must occur in the following way:
(a)
(b)
If the determination was made by a delegate of Council – the review must be undertaken by
Council or another delegate of Council that is not subordinate to the delegate who made the
determination, or
If the determination was made by full Council the review must also be undertaken by full
Council.
Upon making a determination of the review application, the following must be undertaken:
•
•
If upon review, Council grants development consent, or varies the conditions of a
development consent, it must endorse on the notice of determination the date from which the
consent, or the consent as varied by the review, operates.
If upon review, Council changes a determination in any way, the changed determination
replaces the earlier determination as from the date of the review.
Council’s decision on a review may not be further reviewed under section 82A.
6.
CONSIDERATION OF REVIEW
Statutory compliance table
Refused
development
S82(A)
Proposal
Control
Complies
Site Area and Lot Frontage
16.4m
16.4m
15m
YES
Overall Height
10.7m
9.5m
9.5m
YES
1.02:1
(712.3 m²)
0.9:1
(635m²)
0.75:1
(526 m²)
NO*
Site Area: 701.3m²
Floor Space Ratio
* Satisfactory
4
DA 147/2009/1
30 August 2010
Numeric Compliance table - Woollahra Residential Development Control Plan 2003
Maximum Number of Storeys –
RFB
Building Boundary Setbacks (m):
Garage level
Front
Side (West)
Side (East)
Rear (South)
Ground Floor Level (unit 1)
Front (North)
Side (West)
Side (East)
Rear (South)
First Floor Level (unit 2)
Front (North)
Side (West)
Side (East)
Rear (South)
Second Floor Level (unit 3)
Front (North)
Side (West)
Side (East)
Rear (South)
Third Floor Level (unit 3)
Front (North)
Side (West)
Side (East)
Rear (South)
Building Footprint
Floor to Ceiling Height –
Habitable Rooms
Solar Access to Open Space of Adjacent
Properties (Hrs on 21 June)
Solar Access to Nth Facing Living Areas
of Adjacent Properties (Hrs on 21 June)
Excavation Piling and Subsurface Wall
Setback
RFB
Front Setback
Front Setback (Consolidated Area)
Total
Private Open Space –
Upper Floor Units in RFBs
Front Fence Height
BASIX – Water
Refused
development
S82(A)
Proposal
Control
Complies
3-4
3-4
2
NO*
4.1m-8.4m
1.5m-3.0m
1.5m-3.0m
14.7m-13m
4.1m-8.4m
1.5m-3.3m
1.5m-3.3m
14.9m-13.0m
6.35m
1.5m
1.5m
11.7m
Partial
YES
YES
YES
4.1m-10.4m
1.5m-3.65m
0.7m-3.6m
13.6m-14.8m
4.1m-10.4m
3.7m-3.3m
4.1m-3.3m
14.4m-12.9m
6.35m
1.5m
1.5m
11.7m
Partial
YES
YES
YES
7.5m-10.4m
2m-3.9m
1.8m-3.9m
9.4m-10.6m
7.5m-10.4m
3.7m-3.3m
4.1m-3.3m
10.6m-9.4m
6.35m
3.0m-1.5m
3m-1.5m
11.7m
YES
YES
YES
NO*
7.5m-10.4m
2.9m-3.9m
2.9m-3.9m
8m-10.6m
7.5m-10.4m
3.7m-3.3m
4.1m-3.3m
10.6m-9.4m
6.35m
4.7m-2.75m
4.7m-2.25m
11.7m
YES
Partial
Partial
NO*
10.0m-13.4m
2.9m-4.3m
3.8m-4.3m
8m-10.6m
33.4%
(234.1m2)
21m-24.1m
4.7m
4.7m
10.6m-9.0m
33.4%
(234.1m2)
6.35m
4.25m-4.7m
4.0m-4.7m
11.7m
35%
(245.45m2)
YES
YES
YES
NO*
-
2.9m-2.4m
2.7m
Partial
>50%
> 50%
50% (or 35m2)
for 2 hours
YES
> 3 hours
> 3 hours
3.0 hours
YES
1.5m
1.5m
1.5m
YES
25.4%
(178.3m2)
40.2%
(281.9m²)
57%
(45.1m²)
40%
(280.5m2)
40%
(31.712m2)
>20m²
29.885m²
20m²
YES
>35m²
Min dimension
3m
>8m²
Min dimension
2m
>35m²
Min dimension
3m
>8m²
Min dimension
2m
35m²
Min dimension 3m
YES
8m²
Min dimension 2m
YES
1.2m-2.7m
1.2m-2.7m
1.2m/1.5m where
50% transparent
Partial*
40%
40%
40%
YES
>40%
YES
YES
YES
5
DA 147/2009/1
30 August 2010
Refused
development
S82(A)
Proposal
Control
Complies
30%
30%
30%
YES
> 3 hours
> 3 hours
3.0 hours
YES
1
1
1
YES
Within front
setback
Within front
setback
Behind Front Setback
NO*
7 spaces
7 spaces
7 spaces
YES
Minimum Access Driveway Width
4.5m
4.5m
3.5m – 6.0m
YES
Area of Lockable Storage Spaces per
Dwelling
>8m³
>8m³
8m³
YES
BASIX – Energy
Solar Access to North-Facing Living
Areas of Development (Hrs on 21 June)
Minimum Number of North Facing
Habitable Rooms
Location of Garages and Car Parking
Structures
Car Parking Spaces –
RFB/Dual Occupancy
* Satisfactory
1.
Floor space ratio
The original development was refused for the following reason:
On the basis that the non-compliance with Council's 0.75:1 floor space ratio standard is
considered to be inconsistent with Objectives 11AA (a), (b) & (d) of WLEP 1995 underlying
the standard and that compliance with the standard is not considered to be inconsistent with
the objects specified in s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not supported.
Compliance is considered to be reasonable and necessary in this instance.
Objectives (a), (b) & (d) of Clause 11AA of the WLEP 1995 are as follows:
a)
b)
d)
to set the maximum density for new development;
to control building density, bulk and scale in all residential and commercial localities in the
area in order to achieve the desired future character objectives of those localities;
to relate new development to the existing character of surrounding built and natural
environment as viewed from the streetscape, Sydney Harbour or any other panoramic viewing
point.
The refused development proposed a floor space ratio of 1.02:1 which exceeds Council's floor space
ratio development standard of 0.75:1 by 186.3 m² or 35.4%. The amended proposal has reduced this
floorspace ratio to 0.9:1, however the development still exceeds the floor space ratio development
standard by 109m² or 20.7%.
The applicant has submitted an objection pursuant to State Environmental Planning Policy No. 1 –
Development Standards in relation to the non-compliance. The SEPP No. 1 objection forwarded by
the applicant is paraphrased as follows:
It is considered that strict adherence to their Floor Space Standard under LEP 1995 is
unreasonable and unnecessary in the circumstances of this matter. Despite the breach of
the Floor Space Standard, the proposed Floor Space is very reasonable in its local context
and is desirable on Urban Design grounds. Furthermore, the proposed Floor Space will not
generate any unreasonable adverse impacts
6
DA 147/2009/1
30 August 2010
It is considered that the development will not compromise the planning intent for the site or
the character and amenity of the surrounding area. It is reiterated that the additional Floor
Space Ratio will not be apparent from the public domain and that no unreasonable adverse
amenity impacts are generated by the variation.
In view of the points raised within this document, strict adherence to the Floor Space Ratio
standard is considered to be both unreasonable and unnecessary in the circumstances of
this case.
The following assessment of the SEPP 1 objection applies the principles arising from Hooker
Corporation Pty Limited v Hornsby Shire Council (NSWLEC, 2 June 1986, unreported) by using
the questions established in Winten Property Group Limited v North Sydney Council(2001) NSW
LEC 46 (6 April 2001).
1.
2.
3.
4.
5.
1.
Is compliance with the development standard consistent with the aims of the Policy, and in
particular, does the development standard tend to hinder the attainment of the objects
case?
The planning control in question is the 0.75:1 floor space ratio standard set by Clause 11 of WLEP
1995. As such, any variation of the standard requires a SEPP 1 objection, as has been prepared in
this case.
2.
The objectives of the floor space ratio standard listed under Clause 11AA of WLEP 1995 are:
a) to set the maximum density for new development;
b) to control building density, bulk and scale in all residential and commercial localities in the
area in order to achieve the desired future character objectives of those localities;
c) to minimise adverse environmental effect on the use or enjoyment, or both, of adjoining
properties;
d) to relate new development to the existing character of surrounding built and natural
environment as viewed from the streetscape, Sydney Harbour or any other panoramic viewing
point.
Whilst, the revised development still does not comply with the maximum FSR requirements the
revised development is considered to be consistent with the general pattern of development within
Bundarra Road. It is acknowledged that all residential flat buildings within Bundarra Road with the
exception of Nos. 1 and 12-16 Bundarra Road were approved (including under savings provisions)
prior to the gazettal of WLEP 1995 (Amendment 43) on 6 June 2003 which decreased the floor
space ratio permissible in the locality from 0.875:1 to 0.75:1. Notwithstanding this, some of the
residential flat buildings within Bundarra Road that were subject to the higher FSR of 0.87.5:1
including Nos. 8-10 and 18-22 Bundarra Road have exceeded the FSR control by up to 47%. No.
12-16 Bundarra Road was subject to an maximum FSR control of 0.75:1 this development exceeded
the control by 44% (refer to the Table 1, below). In general the proposed FSR of the revised
7
DA 147/2009/1
30 August 2010
development has a much lower percentage of exceedance (20.7%) than the majority of residential
flat development within Bundarra Road. Therefore it is considered that the revised development has
proposed an appropriate density given the context of surrounding development and in this respect
would be consistent with objective (a) of Clause 11 of the WLEP, 1995.
Table 1: Comparison of FSR of residential flat development within Bundarra Road
Address
Approved FSR
FSR Control
Date of
Determination
0.75:1
Percentage difference
between approved FSR
and FSR Control
20.7% increase
26 Bundarra
(subject site)
26 Bundarra
(subject site)
1 Bundarra
2 Bundarra
6 Bundarra
8-10 Bundarra
12-16Bundarra
18-22 Bundarra
28 Bundarra
0.9:1 (revised
proposal)
1.02:1 (refused
development)
0.86:1
0.89.7:1
0.85.9:1
1.29:1
1.08:1
1.21:1
0.8:1
0.75:1
35.7% increase
Refused
0.75:1
0.875:1
0.87.5:1
0.87.5:1
0.75:1
0.87.5:1
0.87.5:1
14.7% increase
2.5% increase
1.8% decrease
47% increase
44% increase
38% increase
14% decrease
18/11/2003
2/2/2004
7/8/2000
16/3/2000
3/10/2006
11/01/2001
16/8/2003
Pending
The revised development has minimised the bulk, scale and height of the building to ensure that the
development would achieve the desired future character objectives of the Bellevue Hill South
precinct.
The relevant desired future character objectives for the Bellevue Hill South precinct are as follows:
O 4.6.1
O 4.6.2
O 4.6.3
To establish a transition of development scale from the detached dwelling houses of much
of Bellevue Hill to the residential flat buildings that address the major streets - Birriga
Road, Old South Head Road and Victoria Road – situated along the precinct ridgelineThis non-compliance with the FSR control still allows a development that is compatible
with the surrounding streetscape context.
To reinforce the precinct's landscape setting by minimising alterations to the landform
and preserving the existing tree canopy- The non-compliance with the FSR control does
not prevent the provision of sufficient deep soil landscaping to allow for replacement
planting to be provided on the in order to maintain the tree canopy of the locality.
To preserve significant views and vistas to surrounding areas from the streets and parksThe non-compliance with the FSR development control will not result in the obstruction
of any significant views or views from the public domain.
For the above mentioned reasons the revised development would be consistent with objective (b) of
Clause 11 of the WLEP, 1995.
This non-compliance with the FSR control does not result in any adverse impacts on the amenity of
adjoining properties due to the elevated nature of the adjoining properties to the rear, the
design/internal layout of the approved and partially completed adjoining residential flat building
development to the west (No. 28 Bundarra Rd) and dense landscaping to the rear of the adjoining
development to the east (No. 24 Bundarra Road). Accordingly, the non-compliance is considered to
be consistent with the objective (c) of Clause 11 of the WLEP, 1995.
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30 August 2010
The building envelope of the refused development did not adequately respond to the existing
streetscape environment particularly with regard to the residential flat building located at No. 28
Bundarra Road immediately adjoining the subject properties western boundary. As the refused
development was 1.56m higher than No. 26, the second and third floors of the building were not
adequately recessed and the side boundary setbacks on the upper floors were inadequate. The
revised building envelope is now compatibile with the existing streetscape character as the height of
the building has been reduced by 1.2m, the upper floors have been recessed and the side setbacks
have been increased. As the revised proposal is considered to be compatible with the existing
streetscape character, the proposal would now be consistent with objective (d) of Clause 11 of the
WLEP, 1995.
3.
Is compliance with the development standard consistent with the aims of the Policy, and
in particular, does the development standard tend to hinder the attainment of the objects
The objects specified in s.5(a)(i) and (ii) of the EPA Act 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.
It is considered that enforcing the numeric development standard will hinder the attainment of the
objectives under 5(a) of the Act. Compliance is unreasonable in this instance based on:
• The revised development is considered to provide an appropriate density, given its urban
context;
• The revised development would be consistent with the desired future character objectives of the
Bellevue Hill South precinct;
• The revised development would not have a detrimental impact on the solar access, privacy or
views of surrounding properties;
• The revised development would be compatible with the existing streetscape character of the
locality.
The proposal is therefore seen to be in accordance with the objectives under 5(a) of the Act.
4.
case?
Yes, in the circumstances of this case it is considered unreasonable to strictly enforce this
development standard as the revised development is compatible with the desired future character
objectives of the precinct and the existing streetscape character of the area and would not adversely
affect the amenity of surrounding properties or contribute to any view loss.
5.
The objection advanced by the applicant demonstrates that compliance with this development
standard is unreasonable and unnecessary. It is considered that strict enforcement of this
development standard would be unreasonable and unnecessary in this case and that granting of
consent would be consistent with the aims and objectives set out in Clause 3 of SEPP No. 1.
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DA 147/2009/1
2.
30 August 2010
Height
On the basis that the non-compliance with Council's 9.5 m height standard is considered to be
inconsistent with 12AA Objective (b) of WLEP 1995 underlying the standard and that
compliance with the standard is not considered to be inconsistent with the objects specified in
s.5(a)(i) and (ii) of the EPA Act, the SEPP 1 objection is not supported. Compliance is
considered to be reasonable and necessary in this instance.
Objectives (b) of Clause 12AA of the WLEP 1995 are as follows:
(b) to provide compatibility with the adjoining residential neighbourhood;
The refused development proposed an overall building height of 10.7m, which exceeded Council’s
maximum building height controls. The amended proposal has reduced this height by 1.2m. This
height reduction results in a development that has a maximum height of 9.5m, which will comply
with the maximum statutory height control pursuant to Clause 12 of WLEP, 1995.
The reduction to the height of the building has also minimised the overall bulk and scale of the
proposal, which combined with the reduction to the FSR, increased building setbacks and the
recessing of the uppers floors of the development has created a form of development that is
considered to be of a scale and character in keeping with the desired future character of the
Bellevue Hill South precinct and will achieve compliance with objective (b) of Clause 122AA of
the WLEP, 1995. In this regard, the proposed development is now considered to comply with
objective (b) of Clause 12 AA of the WLEP, 1995.
3.
Excessive bulk and scale, setbacks and number of storeys
Due to the excessive floor space ratio, excessive height, excessive number of storeys and
inadequate side boundary setbacks, the proposal would present excessive bulk and scale to the
streetscape and accordingly, is considered to be inconsistent with:
•
•
Objectives 2, (k) (iii), 11AA (a), (b) & (d), 12AA (b) and Clauses 11 and 12 of
Woollahra LEP 1995
Performance criteria 3.2.1, 4.6.7.3 and 5.2.5 and Objectives 4.6.1, 5.1.1, 5.1.3, 5.1.5
and 5.2.3 of Woollahra RDCP 2003.
Woollahra LEP, 1995
Objectives 2(k)(iii) of Woollahra LEP 1995 is as follows:
2(k)(iii) to require that design and siting of new development enhance the attributes of its site and
improve the quality of the public environment,
The revised development is now considered to be of design and siting that is compatible with the
streetscape character of locality. These issues have been further discussed in the height, FSR,
setbacks and number of storeys sections of this report. In this respect, the revised proposal is
considered to be consistent with O2(k)(iii) of the Woollahra LEP, 1995.
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30 August 2010
Objectives 11AA(a) (b) & (d), 12AA (b) and Clauses 11 and 12 of Woollahra LEP 1995 is as
follows:
11AA(a) to set the maximum density for new development;
11AA(b) to control building density, bulk and scale in all residential and commercial localities in
the area in order to achieve the desired future character objectives of those localities;
11AA(d) to relate new development to the existing character of surrounding built and natural
environment as viewed from the streetscape, Sydney Harbour or any other panoramic
viewing point.
12AA(b) to provide compatibility with the adjoining residential neighbourhood.
Objectives 11AA(a) (b) & (d), 12AA (b) and Clauses 11 and 12 of Woollahra LEP 1995 have been
discussed above in the floor space ratio and height sections of this report.
Site Analysis
Performance criteria 3.2.1 of Woollahra RDCP 2003 is as follows:
C3.2.1 Development fits into the surrounding environment and pattern of development
by responding to:
• urban form; • local topography and landscape;
• view corridors;
• surrounding neighbourhood character and streetscape; and
• the local street and pedestrian networks.
Part 3 of Council’s RDCP 2003, requires adequate site analysis documentation for development
applications. The refused development and the revised proposal are considered to be satisfactory in
this regard.
Performance criterion 3.2.1 requires development to fit into the surrounding environment and
pattern of development by responding to surrounding neighbourhood character and streetscape. As
discussed in the height, FSR, setbacks and number of storeys sections of this report, it is considered
that the revised proposal have been sufficiently reduced in height, floor space ratio and the upper
two floors have been articulated to provide a development that would be compatible with the height,
bulk, scale and streetscape character of surrounding development. In this regard, the proposed
development is now considered acceptable in terms of C3.2.1 of Part 3 of the Woollahra RDCP,
2003.
Desired future character
O 4.6.1 To establish a transition of development scale from the detached dwelling houses of much
of Bellevue Hill to the residential flat buildings that address the major streets - Birriga
Road, Old South Head Road and Victoria Road – situated along the precinct ridgeline.
The proposed development is considered to be of an appropriate height, bulk and scale which has
been discussed in the number of storeys, FSR and height sections of this report. In this regard, the
revised development is considered to be consistent with O4.6.1 of Part 4 of the Woollahra RDCP,
2003.
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30 August 2010
Number of storeys
Performance criteria 4.6.7.3 of Woollahra RDCP 2003 is as follows:
C.4.6.7.3Development is to be a maximum height of two storeys.Where the landform of a site falls
more than two metres from the street to the rear of a property an additional basement
storey may be permitted provided that all otherRDCP controls are met.
The refused development and the revised development consists of 3-4 storeys, which does not
comply with Council’s maximum 2 storey requirements.
Whilst, this revised development has not reduced the number of storeys, the height and gross floor
area has been reduced. In addition the side boundary setbacks have been increased and the second
and third stories have been substantially articulated to provide a development that is compatible
with the surrounding streetscape character. It should also be noted that several buildings within
Bundarra Road contain 4 stories including Nos. 6, 8-10, 12-16, 18-22 and 28 (this building adjoins
the western boundary of the site and is currently under construction).
In addition to the physical reduction to the bulk and scale of the revised development a number of
design elements have been incorporated to minimise the impact of the development on the quality
of the streetscape including the following:
•
•
•
The deletion of the solid screening and roof to the front second floor balcony so that the
second floor becomes more recessive and provides greater articulation between the first and
second floor of the building;
The change in materials to the front elevation to the ground, first and second floors of the
building to break up the bulk of the building;
The substantial reduction to the size and the increased front setback of the third floor
building so that this floor is not readily visible from Bundarra Road. (A condition of consent
has also been recommended that requires the pitched roof form to this level to be reduced in
height by 1 metre to further minimise the visibility of this floor from the street, refer to
Condition C.1(a)).
Refer to the photomontages below that show the revised development and the refused development.
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DA 147/2009/1
30 August 2010
Photomontage 1: Revised development proposed by this S82(A) application, this photomontage
shows the residential flat building at No.28 Bundarra Road which is currently under construction.
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DA 147/2009/1
30 August 2010
Photomontage 2: Refused development that was refused by DCC on 6/10/2009, this photomontage
shows the residential flat building at No.28 Bundarra Road which is currently under construction.
In this regard, the proposed development is now considered acceptable in terms of C4.6.7.3 of Part
4 of the Woollahra RDCP, 2003.
Streetscape
Objectives O5.1.1, 5.1.3, 5.1.5 of Woollahra RDCP 2003 is as follows:
O5.1.1 To achieve housing forms of a scale and character in keeping with the desired future
character for the locality.
O5.1.3 To ensure development contributes to cohesive streetscapes and desirable pedestrian
environments.
O 5.1 5 To ensure that development recognises predominate streetscape qualities.
It was considered that the upper 2 levels of the refused development presented excessive bulk and
scale to the streetscape and adjoining properties due to excessive height and insufficient setbacks.
The proposed changes that have been made to the revised development including the changes to the
height, gross floor area, setbacks and the design of the front elevation have resulted in a
development that is compatible with the surrounding development and the streetscape character.
This has been further discussed in the height, FSR, setbacks and number of storeys sections of this
report. Accordingly, the revised proposal is now considered to be satisfactory with regard to
Objectives 5.1.1, 5.1.3 and 5.1.5 of Part 5.1 of Woollahra RDCP, 2003.
Building size and location
Objectives 5.2.3 of Woollahra RDCP 2003 is as follows:
O 5.2.3 To ensure the form and scale of development is not excessive and maintains the continuity
of building forms and front setbacks in the street.
It was considered that the refused development presented excessive bulk and scale to the streetscape
due to excessive height and insufficient setbacks. The proposed changes that have been made to the
revised development including the changes to the height, gross floor area, setbacks and the design
of the front elevation have resulted in a development that is compatible with the surrounding
development and the streetscape character. Accordingly, the revised proposal is now considered to
be satisfactory with regard to Objectives 5.2.3 of Part 5.1 of Woollahra RDCP, 2003.
Setbacks
C5.2.5 Unless otherwise indicated in Part 4, development has a minimum side boundary setback
of 1.5m. At any point where the lot width exceeds 12.0m, the side setback is increased on a
pro rata basis by 0.5m for each metre or part thereof the building height adjacent to the
boundary exceeds 3.0m. Where the lot width is 12.0m or less, the side setback is increased
on a pro rata basis by 0.5m for each metre or part thereof the building height adjacent to
the boundary exceeds 6.5m.
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30 August 2010
Northern (front) boundary setbacks
No changes to the front boundary setbacks have been proposed by the revised development with the
exception of the front setback of the third floor, which has been setback further back from the front
setback a further 10 metres than the refused development (it should be noted that a condition of
consent has been recommended that requires the proposed glass balustrade surrounding the
landscaped roof to be deleted, so this area is rendered non-trafficable, refer to Condition C.1(b)).
Whilst, the proposed development does not fully comply with the front boundary setback relating to
the western two-thirds of the front elevation of the basement level and ground floor level
terrace/planter as these structures would be compatible with the height and setback of similar
structures associated with the approved and partially completed adjoining development to the west
(No. 28 Bundarra Rd). The non-compliances would not result in any significant adverse visual
impact upon the streetscape and accordingly is considered acceptable.
Southern (rear) boundary setbacks
The refused development was setback 9.4m-10.6 m from the rear boundary at first floor level and
the rear setback at second and third floor levels was 8m-10.6 m which is non-compliant. Whilst, the
revised development increased the rear boundary setback on second and third levels to 9.0m-10.6m,
the rear boundary setback at first, second and third floor levels remains non-compliant at these
levels. However, these non-compliances do not significantly affect the amenity of adjoining
properties given the elevated nature of the adjoining properties to the rear, the development will not
extend beyond the rear building alignment of the approved and partially completed adjoining
development to the west (No. 28 Bundarra Road) and the existence of dense landscaping to the rear
of the adjoining development to the east (No. 24 Bundarra Road).
Western (side) boundary setbacks
The refused development complied with western side boundary setbacks at ground and first floor
levels however substantial sections of the upper 2 levels did not comply with the minimum
requirements. The revised development complies with all of the western side boundary setbacks
with the exception of a partial non-compliance at second floor level. The refused development
proposed a side boundary setback of 2.9m-3.9m, the revised development has increased part of this
side boundary setback by up to 400mm to the front two- thirds of the elevation, however has
reduced the side boundary setback of the rear balcony at this level by 200mm providing a setback of
3.3m-3.7m (the required setback is 2.75m-4.7m).
The area of non-compliance relates to front 11metres of this elevation starting from the end of the
front balcony. This non-compliance is considered to be of a minor nature, does not result in any
adverse impacts on the solar access or privacy on the approved and partially constructed residential
flat building at No.28 Bundarra Road and does not result in an unreasonable sense of enclosure to
this adjoining property. It should also be noted that the proposed 1m high glass balustrade
surrounding the edge of the proposed roof garden contributes to the non-compliance with the side
setback control, this balustrade has been recommended to be deleted so that the landscaped roof
becomes non-trafficable (refer to Condition C.1(b)). The deletion of this balustrade will reduce the
non-compliance with this setback control by 500mm.
Accordingly in this regard, the proposed western side boundary setback of the revised development
is considered acceptable.
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30 August 2010
Eastern (side) boundary setbacks
The refused development complied with eastern side boundary setbacks at ground and first floor
levels however substantial sections of the upper 2 levels did not comply with the minimum
requirements. The revised development complies with all of the eastern side boundary setbacks with
the exception of a partial non-compliance at second floor level. The refused development proposed
a side boundary setback of 2.9m-3.9m, the revised development has increased part of this side
boundary setback by up to 1m to the front two- thirds of the elevation and by up to 400mm to the
remaining part of the eastern elevation providing a setback of 3.3m-4.1m (the required setback is
2.25m-4.7m).
The area of non-compliance relates to front 11metres of this elevation starting from the end of the
front balcony. This non-compliance is considered to be of a minor nature, does not result in any
adverse impacts on the solar access or privacy on the eastern adjoining property No. 24 Bundarra
Road and does not result in an unreasonable sense of enclosure to this adjoining property. It should
also be noted that the proposed 1m high glass balustrade surrounding the edge of the proposed roof
garden contributes to the non-compliance with the side setback control, this balustrade has been
recommended to be deleted, so that the landscaped roof becomes non-trafficable (refer to
Condition C.1(b)). The deletion of this balustrade will reduce the non-compliance with this setback
control by 500mm.
Accordingly in this regard, the proposed eastern side boundary setback of the revised development
is considered acceptable.
The revised development now generally complies with the minimum site setback requirements and
for the above mentioned reasons the development is considered acceptable in terms of C5.2.5 of
Part 5.2 of the Woollahra RDCP, 2003.
4.
Excavation
Due to excessive excavation, Bedrooms 1 & 2 of Unit 1 do not have an external wall
sufficiently above existing ground level to facilitate adequate natural light and ventilation and
accordingly, the proposal is considered to be inconsistent with Performance criterion 5.2.17 of
Performance criteria 5.2.17 of the Woollahra RDCP, 2003 is as follows:
C5.2.17 To minimise cut and fill on sloping sites and to encourage good quality internal
environments, any habitable room of a dwelling must have at least one external wall fully
above existing ground level
No change has been made to the siting of bedroom 1 and 2 of unit 1, these bedrooms have east
facing glazed doors that are almost completely below the existing ground level, which is in noncompliant with C5.2.17 of RDCP, 2003. Whilst, this is not ideal, all of the living areas within the
unit 1 are northern facing and all associated north facing glazing within unit 1 is above the existing
ground level. In addition as all of the other respects of the revised development are considered to be
acceptable this non-compliance does not warrant refusal of the development.
In this regarad, the proposed development would be acceptable in terms of C5.2.17 of Part 5.2 of
the Woollahra RDCP, 2003.
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DA 147/2009/1
5.
30 August 2010
Deep soil landscaping
The orignal development was refused for the following reason:
The proposal does not provide adequate deep soil landscaped area and results in the
substantial loss of existing tree canopy. In this regard, the proposal is considered to be
inconsistent with Performance criterion 5.3.1 and Objectives 5.3.2, 5.3.4 and 5.3.5 of
Objective 5.3.2, 5.3.4 and 5.3.5 of Section 5.3 of the RDCP, 2003 are as follows:
O 5.3.2
To retain important existing mature trees, vegetation and other landscape features.
O 5.3.4
To enhance the appearance, amenity and energy efficiency of housing through
integrated landscape design.
O 5.3.5
To enhance stormwater management.
The refused development only provided 25.4% of unbuilt upon area as deep soil landscaping, which
did not meet Council’s minimum deep soil landscaping controls. The amended proposal has
increased the deep soil landscaping at the site to 40.2% of unbuilt upon area, which results in a
development that complies with the minimum deep soil landscaping requirements pursuant to
Clause 5.3.1 of RDCP, 2003.
Whilst, the proposed increase to the deep soil landscaping at the site has not allowed for the
retention of all existing trees at the site, the revised development allows for the transplanting of the
existing Franganpani tree that is currently located at the rear of the site on the western side. In
addition Council’s Landscape Officer has supported the removal of the remaining trees subject to
the provision of replacement planting.
The increased deep soil landscaping at the site will assist with the onsite detention of stormwater
and has allowed for sufficient opportunities at the site to provide for good quality landscaping that
will enhance the landscape amenity of the site and contribute to the landscape character of the
surrounding locality. In this regard, the proposed development is now considered to generally
comply with objectives 5.3.2, 5.3.4 and 5.3.5 and performance criteria 5.3.1 of Section 5.3 of the
Woollahra RDCP, 2003.
6.1
Substantially the same development
The provisions of Section 82A of the Environmental Planning & Assessment Act, 1979 require
Council to be satisfied that the development under review is substantially the same development as
the development described in the original development application.
It is considered that the development under review is substantially the same development as the
proposal seeks to a construct a new three-four storey residential flat building at the subject site.
7.
SUBMISSIONS
Notifications DCP. Four (4) submissions were received from:
1. Gilly Charles, 2-25 Benelong Crescent, Bellevue Hill
This objector raised the following issues:
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DA 147/2009/1
30 August 2010
•
At the moment there is a beautiful Jacaranda tree at the subject that I currently
overlook, is this tree going to be removed?
Comment: This tree is proposed to be removed, the removal of this tree has been supported by
Council’s tree officer subject to the provision of replacement planting (refer to Condition E.9).
• The shape of the roof is very odd with a steep fall at the rear. I assume this is for
rainfall, however it appears unnecessarily high
Comment: A condition of consent has been recommended that requires the roof to be lowered
by 1m (refer to Condition C.1(a)).
•
It is proposed to paint the roof with windspray, this is unsightly and will not
compensate for the loss of the tree
Comment: The proposed roof has been lowered (refer to Condition C.1(a)) and the remaining
roof of the building is proposed to be landscaped.
•
Our building should be checked over at the expense of the owners of the subject site in
the event of subsidence or cracks etc which may come about as a result of the building
work
Comment: A condition of consent has been recommended that requires a dilapidation report to
be carried out, refer to Condition D.2.
2. Stephen Hempton, 3/21 Benelong Crescent Bellevue Hill and John Hempton 1/21 Benelong
Crescent Bellevue Hill
These objectors raised the following issues:
•
The proposed metal roof is 1850mm from its highest level to its lowest level. This is a
fall of about 1 in 3. I think that the roof is much higher than necessary, and will be
much more in view of the residents living above in Benelong Crescent than would be
the case if it were lower
•
Concern is raised that due to the steepness of the roof in heavy rain water will
overshoot the guttering and flood the landscaped area in front of the upper level of
apartment 3.
•
The roof should be lowered by about 1m which would leave a fall of about 850mm,
which would be sufficient to drain the roof
• I strenuously object to the remove of the large Jacaranda tree located on the site
Comment: This tree is proposed to be removed, the removal of this tree has been supported by
Council’s tree officer subject to the provision of replacement planting (refer to Condition E.9).
3. Evi Perlmutter, 23 Benelong Crescent Bellevue Hill
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DA 147/2009/1
30 August 2010
•
The height of the roof structure of the new residential flat building will be over 1 metre
too high and will be unsightly and will affect my view.
by 1m (refer to Condition C.1(a)). Given the level difference between the subject site and 23
Benelong Crescent, the development is not considered to affect views.
8.
9.
RECOMMENDATION: Pursuant to Section 82A of the Environmental Planning and
Environmental Planning Policy No. 1- Development Standards to Floor space ratio – development
standard under Woollahra Local Environmental Plan, 1995 is well founded. The Council is also of
the opinion that strict compliance with the development standard is unreasonable and unnecessary
in the circumstances of this case as is compatible with the desired future character objectives of the
precinct and the existing streetscape character of the area and would not adversely affect the
amenity of surrounding properties or contribute to any view loss.
AND
THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is
well founded and also being of the opinion that the granting of consent to Development Application
No. 147/2009 is consistent with the aims of the Policy, grant development consent to DA No.
147/2009 for dwelling house, resolve to grant development consent to the Development
Application, subject to the following conditions:
A. General Conditions
A.1 Conditions
Act.
A.2 Definitions
19
DA 147/2009/1
30 August 2010
•
•
•
•
•
•
Applicant.
•
•
•
•
•
•
•
20
DA 147/2009/1
•
•
•
30 August 2010
land,
Reference
Description
Author/Drawn
Date(s)
S82/2.01/B-2.05/B,
3.01/B-3.03/B, 4.01/B
233649M_02
P0802208JR01_v1
Plan No. s L02/C, L03/C
P0802208JR02_v1
Architectural Plans
Phil Leamon & Associates
26/03/2010
BASIX Certificate
Geotechnical Report
Landscape Plan
Stormwater Concept Report
Martens Consulting Engineers
Susan Miles
Martens Consulting Engineers
17/8/2010
Nov 2008
12/08/2010
Dec 2008
21
DA 147/2009/1
B.
30 August 2010
construction
C.
a)
b)
To minimise the height of the development and to minimise impacts on the properties to
the rear of the site, the proposed slope roof above the third level of the development
shall be reduced in height by 1m from RL59.835 to RL58.835.
To minimise the impact on the existing streetscape and visual and acoustic privacy of
surrounding development, the proposed glass balustrade surrounding the perimeter of
the landscape roof shall be deleted. A new glass balustrade shall surround the deck that
is located in front of the third level.
this consent.
22
DA 147/2009/1
Description
30 August 2010
Amount
Indexed
Council
Fee Code
LONG SERVICE LEVY
Contact LSL
Long Service Levy
Corporation or use
No
online calculator
SECURITY
$56 033
No
T115
the Council
Tree Damage Security Deposit – making
$603
No
T114
good any damage caused to any public tree
Infrastructure Works Bond -completing any
$24 000
No
T113
public work required in connection with the
consent.
DEVELOPMENT LEVY
$$27,016
Yes,
T96
+ Index Amount
quarterly
INSPECTION FEES
Public Tree Management Inspection Fee
$166
No
T45
Public Road/Footpath Infrastructure
$375
No
Inspection Fee
$175
No
T16
TOTAL SECURITY, CONTRIBUTIONS, $108 368 plus any relevant indexed amounts and
long service levy
LEVIES AND FEES
•
•
•
•
•
•
•
not acceptable];
23
DA 147/2009/1
•
30 August 2010
To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of
carrying out development (from which the development levy is calculated) will be indexed either annually or
quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2009
sets out the formula and index to be used in adjusting the s.94A levy.
Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy
will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate,
subdivision certificate, or occupation certificate).
decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider:
•
•
•
•
The reasons given;
adversely affected.
Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee
where:
•
•
•
•
•
not acceptable];
Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13
of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank
guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any
accrued charges are paid.
The applicant must submit to the Certifying Authority BASIX Certificate No. 233649M_02
with any application for a Construction Certificate.
24
DA 147/2009/1
30 August 2010
C.4 Road and Public Domain Works
A separate application under Section 138 of the Roads Act 1993 is to be made to, and
approved by Council prior to the issuing of a Construction Certificate for the following
infrastructure works, which must be carried out at the applicant’s expense:
Road & Footpath
•
Full width vehicular crossings having a width of 3.5m including new layback and gutter
in accordance with Council’s standard drawing RF2.
•
Removal and replacement of the existing Kerb and Gutter and the reconstruction of a
minimum of 1m width of road shoulder for the full width of the property in accordance
with Council’s standard drawing RF3.
•
Removal of all driveway crossings and kerb laybacks which will be no longer required.
•
Reinstatement of footpath, kerb and gutter to match existing.
•
Where a grass verge exists, the balance of the area between the footpath and the kerb
over the full frontage of the proposed development must be turfed. The grass verge
must be constructed to contain a uniform minimum 75mm of friable growing medium
and have a total cover of Couch turf.
Bond
•
A bond of $24,000 (Twenty four thousand dollars) will be used as security to ensure
the satisfactory completion of the infrastructure works. The security or bank guarantee
must be the original and not have an expiry date.
•
Council may use all or part of the Infrastructure Bond as well as the Property Damage
Security Deposit to meet the cost of removing or completing the works if they do not
meet Council’s requirements.
The Deposit/Bond will not be released until Council has inspected the site and is satisfied that
the Works have been completed in accordance with Council.
An “Application to carry out works in a Public Road” form (available from Councils web-site
http://www.woollahra.nsw.gov.au) must be completed and lodged, with the Application fee,
at Councils Customer Services counter. Detailed engineering plans and specifications of the
works required by this Condition must accompany the Application form. The plans must
clearly show the following:
•
25
DA 147/2009/1
30 August 2010
The design of the works must be in accordance with Council’s Draft Stormwater Drainage
Management DCP (draft version 1.1, public exhibition copy dated 14/12/2006) available from
Council's website www.woollahra.nsw.gov.au. Four weeks should be allowed for assessment.
Access levels and grades to and within the development must match access levels and grades
within the road approved under the Roads Act 1993.
All public domain design and construction works must comply with Council’s “Specification
for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly
provided otherwise by these conditions. This specification can be downloaded from
crossing grades and stormwater. Changes required under Roads Act 1993 approvals may necessitate
design and levels changes under this consent. This may in turn require the applicant to seek to amend this
consent.
Note: See condition K24 in Section K. Advisings of this Consent titled Roads Act Application.
C.5 Waste Storage - Residential Units (up to 4 units)
The Construction Certificate plans and specifications required by Clause 139 of the
Regulation, must make provision for:
a)
b)
The storage of waste and recycling bins behind the building line or within non-habitable
areas of the building as close as possible to the service road collection point,
A path for wheeling bins between the waste and recycling storage area and the
collection point free of steps and kerbs and having a maximum grade of 1:8.
C.6 Dry Recycling Systems and Services
The development is to incorporate dry recycling systems and services consistent with the
Better Practice Guide for Waste Management in Multi-Unit Dwellings (the Guide), prepared
by the Department of Environment and Climate Change.
The Guide can be accessed at www.environment.nsw.gov.au/warr/BetterPracticeMUD
This condition is imposed to promote better practices in the design, establishment, operation
and on going management of waste services in residential multi unit dwellings.
C.7 Utility Services Generally
Regulation, must demonstrate that all utility services (telecommunications, electricity, gas,
water and waste water) will be provided underground. All service ducts, pipes and conduits
must be provided within the fabric of the building (excluding stormwater down pipes).
26
DA 147/2009/1
30 August 2010
Where telecommunications and electricity are provided from existing poles in the road they
must, in accordance with the relevant suppliers’ requirements, be carried to the site
underground directly to the main switch board within the fabric of the building.
Note: Where adequate provision has not been made for an electrical sub-station within the building, this may
necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the
location, landscape/streetscape impacts and compliance with AS2890 as applicable.
The location of service poles and substations required by the relevant suppliers must be
shown upon the plans submitted with any Construction Certificate application together with a
letter from each relevant supplier setting out their requirements.
Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and
the like must be located within the building unless expressly shown upon the approved DA
plans. Details confirming compliance with this condition must be shown on the Construction
Certificate plans and/or detailed within the Construction Certificate specifications. Required
external vents or vent pipes on the roof or above the eaves must be shown on the Construction
Certificate plans.
Note: The intent of this condition is that the design quality of the development must not be compromised by
cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are
visible from any adjoining public place. They must be contained within the building unless shown
otherwise by the approved development consent plans.
Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of
all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where
they are not found by inspection to be UPVC or copper with continuously welded joints.
Note: This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be
subject to root invasion (whether from existing or proposed private or public landscaping) that existing
cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously
welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of
WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe
and unhealthy conditions which must be remedied in the public interest
C.8 Tree Management Details
Regulation must, show the following information;
a)
b)
c)
d)
e)
f)
Trees to be numbered in accordance with these conditions,
Shaded green where required to be protected and retained,
Shaded yellow where required to be transplanted,
Shaded blue where required to be pruned,
Shaded red where authorised to be removed and,
References to applicable tree management plan, arborists report, transplant method
statement or bush regeneration management plan.
27
DA 147/2009/1
30 August 2010
proposed.
The Construction Certificate plans and specification required to be submitted to the Certifying
Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical /
Hydrogeological Monitoring Program together with civil and structural engineering details
for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as
applicable, prepared by a professional engineer, who is suitably qualified and experienced in
geotechnical and hydrogeological engineering. These details must be certified by the
professional engineer to:
a)
b)
c)
d)
e)
Provide appropriate support and retention to ensure there will be no ground settlement
or movement, during excavation or after construction, sufficient to cause an adverse
impact on adjoining property or public infrastructure.
Provide appropriate support and retention to ensure there will be no adverse impact on
surrounding property or infrastructure as a result of changes in local hydrogeology
(behaviour of groundwater).
Provide foundation tanking prior to excavation such that any temporary changes to the
groundwater level, during construction, will be kept within the historical range of
natural groundwater fluctuations. Where the historical range of natural groundwater
fluctuations is unknown, the design must demonstrate that changes in the level of the
natural water table, due to construction, will not exceed 0.3m at any time.
Provide tanking of all below ground structures to prevent the entry of all ground water
such that they are fully tanked and no on-going dewatering of the site is required.
•
Will detect any settlement associated with temporary and permanent works and
structures;
•
28
DA 147/2009/1
•
•
•
•
•
•
30 August 2010
Will detect vibration in accordance with AS 2187.2-1993 Appendix J including
acceptable velocity of vibration (peak particle velocity);
variations;
Details the preset acceptable limits for peak particle velocity and ground water
fluctuations;
Details recommended hold points to allow for the inspection and certification of
geotechnical and hydro-geological measures by the professional engineer; and;
2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively.
the Roads Act 1993.
C.13 Stormwater management plan Clause 25(2) WLEP 1995)
a.
b.
c.
d.
e.
f.
general design in accordance with < by Martens Consulting Engineers Ref:
P0802208JR02_v1 dated December 2008 other than amended by this and other
conditions;
the discharge of stormwater, by direct connection, to Bundarra Road;
any rainwater tank (see Note below) required by BASIX commitments including their
overflow connection to the Stormwater Drainage System, and
general compliance with the Council’s draft Development Control Plan Stormwater
Drainage Management (draft version 1.1, public exhibition copy dated 14/12/2006) and
on-site stormwater detention (“OSD’).
OSD Requirements
The minimum (OSD) Site Storage Requirements (“SSR”) and the Peak Site Discharge
(“PSD”) from the site must be in accordance with the following minimum storage/discharge
relationships based upon a 1000m2 site area:
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DA 147/2009/1
30 August 2010
Minimum Site Storage Requirement (SSR) m³
4m³
25m³ – Dwelling House
27m³ – Residential Flat Building
29m³ – Other Development
All values based on per 1000m² site area (interpolate to site area).
Average Reoccurrence Interval
2 year
100 year
PSD L/s
23.5 L/s
34 L/s
Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater
tank may contribute to the SSR as follows:
i.
ii.
Where the rainwater tank is used for external uses only, 40% of the rainwater tank
volume to a maximum of 4m³ , or
Where the rainwater tank is used for external and internal uses, 75% of the rainwater
tank volume to a maximum of 7.5m³.
Example: The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used
for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore,
the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ =
1,000 litres.
Layout plan
accordance with the Institute of Engineers Australia publication, Australian Rainfall and Runoff, 1987 edition or most current version thereof.
It must include:
•
•
•
•
•
•
Location of On-Site Detention,
Point and method of connection to Councils drainage infrastructure, and
Overland flow paths over impervious areas.
On-site Detention (OSD) details:
•
•
•
•
•
•
•
•
Any potential conflict between existing and proposed trees and vegetation,
Internal dimensions and volume of the proposed detention storage,
Diameter of the outlet to the proposed detention storage basin,
Plans, elevations and sections showing the detention storage basin invert level, centreline level of outlet, top water level, finished surface level and adjacent structures,
Details of access and maintenance facilities,
Construction and structural details of all tanks and pits and/or manufacturer’s
specifications for proprietary products,
Details of the emergency overland flow-path (to an approved Council drainage point) in
the event of a blockage to the on-site detention system,
Non-removable fixing details for orifice plates where used,
Copies of certificates of title, showing the creation of private easements to drain water by
gravity, if required.
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DA 147/2009/1
30 August 2010
Subsoil Drainage - Subsoil drainage details, clean out points, discharge point.
Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable
manner.
Note: The collection, storage and use of rainwater is to be in accordance with Standards Australia HB230-2008
“Rainwater Tank Design and Installation Handbook”.
D.
work
a)
b)
Code of Australia,
a)
b)
Dilapidation surveys must be conducted and dilapidation reports prepared by a professional
engineer (structural) of all buildings on land whose title boundary abuts the site and of such
further buildings located within the likely “zone of influence” of any excavation, dewatering
and/or construction induced vibration.
These properties must include (but is not limited to):
a.
b.
c.
24 Bundarra Road
28 Bundarra Road
25 Benelong Crescent
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DA 147/2009/1
30 August 2010
building the principal contractor or owner builder must give the adjoining building owner(s)
a copy of the dilapidation report for their building(s) and a copy of the notice of
commencement required by s81A(2) of the Act not less than two (2) days prior to the
The principal contractor must ensure that a professional engineer determines the possibility
of any adjoining buildings founded on loose foundation materials being affected by piling,
piers or excavation. The professional engineer (geotechnical consultant) must assess the
requirements for underpinning any adjoining or adjacent buildings founded on such soil on a
case by case basis and the principal contractor must comply with any reasonable direction of
the professional engineer.
Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to
ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement
may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible
for any damages arising from the removal of any support to supported land as defined by section 177 of
the Conveyancing Act 1919.
D.4 Piezometers for the monitoring of Ground Water Levels (GWL)
The principal contractor must be provide 2 piezometers within the excavation area and a
further 2 piezometers around the perimeter of the wall. The piezometers are to be installed to
monitor groundwater levels before and during all dewatering works for the construction
phase.
The Ground Water Levels monitoring wells and monitoring program must be maintained until
the issue of the Final Occupation Certificate.
Ground Water Levels are to be regularly monitored during the course of the works as required
by the Work Method Statement for the control of Ground Water Levels. Any damaged
piezometers are to be replaced to allow uninterrupted monitoring.
Where there are any movements in the Ground Water Levels outside a safe range set by the
Work Method Statement for the control of Ground Water Levels corrective action must be
undertaken under the direction of the professional engineer (hydrological/geotechnical
engineer).
As a result of the site constraints, limited space and access a Construction Management Plan
is to be submitted to Council. Also, due to the lack of on-street parking a Work Zone may be
required during construction.
A construction management plan must be submitted and approved by Council’s Development
Engineer. The plan must:H:\Development Control Committee\AGENDAS\2010\Working Agenda\R2.doc
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DA 147/2009/1
30 August 2010
a)
Describe the anticipated impact of the demolition, excavation and construction works
on:
•
•
•
b)
•
•
•
Provide for the movement of trucks to and from the site, and deliveries to the site
c)
•
•
Any areas of Council property on which it is proposed to install a Works Zone
(Construction Zone)
•
•
Any excavation
d)
•
•
Time frame
•
Streets to be used
•
Routes to be taken
•
•
Truck storage areas
•
•
Excavation is to only be carried out outside peak and school hours between
9.30am to 2.30pm week days
e)
•
Show the location of all Tree Protection (Exclusion) Zones as required within the
conditions of this development consent.
•
The storage of building materials in or access through the Reserve will not be
permitted without prior approval by Council.
development site at all times during construction. Structures or works on Council property
such as hoardings, scaffolding, shoring or excavation need separate approval from Council.
Standing of cranes and concrete pumps on Council property will need approval on each
occasion.
Construction Management Plan is approved. Failure to comply with this condition may result in fines and
proceedings to stop work.
A works zone is required for this development. The principal contractor or owner must apply
for a works zone. If the works zone is approved the principal contractor or owner must pay
all fees for and implement the required works zone before commencement of any work.
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DA 147/2009/1
30 August 2010
The principal contractor must pay all fees associated with the application and occupation and
use of the road as a works zone. All works zone signs must have been erected by Council to
permit enforcement of the works zone by Rangers and Police before commencement of any
work. Signs are not erected until full payment of works zone fees.
Note: The principal contractor or owner must allow not less than four to six weeks (for routine applications)
from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee)
constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise
those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport
Administration Act 1988.
Note: The enforcement of the works zone is at the discretion of Council’s Rangers and the NSW Police Service.
The principal contractor must report any breach of the works zone to either Council or the NSW Police
Service.
a)
b)
4.0 m; or
34
DA 147/2009/1
a)
b)
c)
d)
30 August 2010
than 7 kPa.
ucts.htm.
like.
D.8 Site Signs
Erection of signs
•
•
a.
work, and
b.
c.
35
DA 147/2009/1
•
•
•
30 August 2010
certificate:
•
the Regulation.
a)
b)
c)
d)
In this condition:
Regulation 1993.
1993.
36
DA 147/2009/1
30 August 2010
The principal contractor or owner builder must install and maintain water pollution, erosion
and sedimentation controls in accordance with:
a)
b)
c)
consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water
Management Plan is required for larger projects it is recommended that this be produced by a member of
the International Erosion Control Association – Australasia.
down loaded free of charge from www.woollahra.nsw.gov.au.
commenced until:
a)
Certifier, and
b)
•
•
c)
commences:
•
37
DA 147/2009/1
•
d)
30 August 2010
building work, and
•
•
•
•
125.
a)
b)
information:
•
•
c)
Act,
38
DA 147/2009/1
d)
30 August 2010
D.13 Checking Construction Certificate plans & protecting assets owned by the Sydney
Water Corporation
Construction Certificate plans must be stamped by the Sydney Water Corporation prior to the
commencement of any development work. This is required to ensure that buildings close to
or over Sydney Water Corporation assets are identified and requirements for protecting them
are implemented.
Note: Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by
visiting their web site:
http://www.sydneywater.com.au/html/yourhome/quick_check/building_renovating.cfm
E.
July 1993.
All development activities and traffic movements must be carried out in accordance with the
approved construction management plan. All controls in the Plan must be maintained at all
times. A copy of the Plan must be kept on-site at all times and made available to the PCA or
Council on request.
Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking
legislation prevails.
Any new information which comes to light during remediation, demolition or construction
works which has the potential to alter previous conclusions about site contamination, heritage
significance, threatened species or other relevant matters must be immediately notified to
Council and the Principal Certifying Authority..
39
DA 147/2009/1
30 August 2010
Agreement.
a)
b)
c)
d)
No work must take place before 7am or after 1pm any Saturday,
The following work must not take place before 9am or after 4pm any weekday, or
before 9am or after 1pm any Saturday or at any time on a Sunday or public holiday;
(i) Piling;
(ii) Piering;
(iii) Rock or concrete cutting, boring or drilling;
(iv) Rock breaking;
(v) Rock sawing;
(vi) Jack hammering; or
(vii) Machine excavation,
e)
No loading or unloading of material or equipment associated with the activities listed in
part d) above must take place before 9am or after 4pm any weekday, or before 9am or
after 1pm any Saturday or at any time on a Sunday or public holiday.
No operation of any equipment associated with the activities listed in part d) above must
take place before 9am or after 4pm any weekday, or before 9am or after 1pm any
Saturday or at any time on a Sunday or public holiday
f)
g)
case by case basis.
40
DA 147/2009/1
30 August 2010
consent must:
footway.
a)
b)
c)
d)
thing.
a)
b)
•
•
•
•
•
•
•
uses as a footway.
41
DA 147/2009/1
30 August 2010
All persons must comply with Council’s Tree Preservation Order (“the TPO”), other than
where varied by this consent. The order applies to any tree, with a height greater than 5 metres
or a diameter spread of branches greater than 3 metres, is subject to Council’s Tree
Preservation Order unless, exempted by specific provisions. Works to be carried out within a
5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written
consent of Council.
General Protection Requirements:
a)
b)
c)
There must be no excavation or work within the required Tree Protection Zone(s). The
Tree Protection Zone(s) must be maintained during all development work.
Where excavation encounters tree roots with a diameter exceeding 50mm excavation
must cease. The principal contractor must procure an inspection of the tree roots
exposed by a qualified arborist. Excavation must only recommence with the
implementation of the recommendations of the qualified arborist or where specific
Where there is damage to any part of a tree the principal contractor must procure an
inspection of the tree by a qualified arborist immediately. The principal contractor must
immediately implement treatment as directed by the qualified arborist or where specific
Note: Trees must be pruned in accordance with Australian Standard AS 4373 “Pruning of Amenity Trees” and
WorkCover NSW Code of Practice Amenity Tree Industry.
All landscape works must be undertaken in accordance with the approved landscape plan,
arborist report, tree management plan and transplant method statement as applicable.
a)
The following trees must be retained:
Trees on Council Land
Council
Reference No:
12
Species
Location
Dimension
(metres)
Tree
Value
Hibiscus rosa-sinensis Rose of China
Council verge
3x3
$603.00
Note: The tree trees required to be retained should appear coloured green on the construction certificate plans.
b)
The following trees must be transplanted and successfully established in the location(s)
indicated on the approved landscape plan:
Council
Reference No:
10
Species
Location
Dimension
(metres)
Plumeria rubra Frangipani
Rear yard western side
2x3
Note: The tree trees required to be retained should appear coloured yellow on the construction certificate plans.
42
DA 147/2009/1
c)
30 August 2010
The following trees may be removed:
Council
Reference No:
Species
Location
Dimension
(metres)
1
Cedrus deodara Deodar Cedar
8x5
2
Cupressus sempervirens Italian
Cypress
Cedrus deodara Deodar Cedar
Brachychiton acerifolius Illawarra
Flame tree
Phoenix canariensis Canary
Island Date Palm
Stenocarpus sinuatus Queensland
Firewheel Tree
Ficus sp.
Phoenix canariensis Canary
Island Date Palm
Jacaranda mimosifolia Jacaranda
Howea forsteriana Kentia Palm
Front yard adjacent western side
boundary
Adjacent western side boundary
Adjacent western side boundary
Rear yard adjacent western boundary
8x5
4x4
Rear yard adjacent eastern boundary
5x7
Rear yard adjacent eastern boundary
13 x 6
Rear south eastern corner
Rear boundary
8 x 13
3x7
Rear yard centrally located
Adjacent side western boundary
12 x 12
5x2
3
4
5
6
7
8
9
11
8x4
Note: The tree trees that may be removed should appear coloured red on the construction certificate plans.
E.9 Replacement trees which must be planted
The following compensatory replacement plantings must be planted to ensure the preservation
of the landscape character of the area. Areas for future planting must be plotted on the
submitted landscape or architectural plans and be protected from damage, especially soil
compaction and contamination from construction activity by erecting a barrier or
implementing ground protection. Where ground protection during construction activity is not
implemented, remediation measures prior to planting such as soil ripping or subsoil aeration
must be employed.
Any replacement plant is to be maintained in a healthy and vigorous condition until it attains a
height of 5 metres or a spread of 3 metres, whereby it will be protected by Council’s Tree
Preservation Order. If the replacement plant is found to be faulty, damaged, dying or dead
before it attains a size whereby it is protected by Council’s Tree Preservation Order, it must
be replaced with another of the same species which complies with the criteria outlined below.
Species/Type
Planting Location
1 x Elaeocarpus
reticulatus Blueberry
Ash
2 x Banksia integrifolia
Coastal Banksia
In accordance with the submitted
Susan Miles landscape plan No.
L01/B, L02/B
L01/B, L02/B
1 x Buckinghamia
celsissima Ivory Curl
Flower
L01/B, L02/B
3 x Plumeria rubra
Frangipani
L01/B, L02/B
All replacement trees are to be NATSPEC grown.
Container Size or
Size of Tree (@ time
of planting)
Minimum
Dimensions at
Maturity
400 litre
Natural
500 litre
Natural
75 litre
Natural
100 litre
Natural
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DA 147/2009/1
30 August 2010
a)
b)
c)
d)
e)
f)
Dust controls,
Noise controls;
Ablutions;
Excavation must be undertaken in accordance with the recommendations of the Geotechnical
/ Hydrogeological Monitoring Program and any oral or written direction of the supervising
professional engineer.
Hydrogeological Monitoring Program for the development including, but not limited to;
a)
b)
c)
recommended hold points to allow for inspection and certification of geotechnical and
hydrogeological measures by the professional engineer; and
Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted
with the Development Application to be appointed as the professional engineer supervising the work
however, it is the Council’s recommendation that the author of the report be retained during the
construction stage.
removes the support provided by the supporting land to any other land (the supported land) or
building (the supported building).
For the purposes of this condition, supporting land includes the natural surface of the site, the
subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed.
Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or
building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or
permanent) or the like is considered necessary upon any adjoining or supported land by any person the
principal contractor or owner builder must obtain:
a.
b.
c.
d.
44
DA 147/2009/1
30 August 2010
Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.
Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the
supporting land) that removes the support provided by the supporting land to any other adjoining land
(the supported land).
follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the
excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or
structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning,
shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval
to permanent underpinning, shoring, soil anchoring within or under any road.
Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not
adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any
road, public place, crown land under Council’s care control or management, or any community or
operational land as defined by the Local Government Act 1993.
Vibration monitoring equipment must be installed and maintained, under the supervision of a
professional engineer with expertise and experience in geotechnical engineering, between any
potential source of vibration and any building identified by the professional engineer as being
potentially at risk of movement or damage from settlement and/or vibration during the
excavation and during the removal of any excavated material from the land being developed.
If vibration monitoring equipment detects any vibration at the level of the footings of any
adjacent building exceeding the peak particle velocity adopted by the professional engineer as
the maximum acceptable peak particle velocity an audible alarm must activate such that the
principal contractor and any sub-contractor are easily alerted to the event.
Prior to the vibration monitoring equipment being reset by the professional engineer and any
further work recommencing the event must be recorded and the cause of the event identified
and documented by the professional engineer.
Where the event requires, in the opinion of the professional engineer, any change in work
practices to ensure that vibration at the level of the footings of any adjacent building does not
exceed the peak particle velocity adopted by the professional engineer as the maximum
acceptable peak particle velocity these changes in work practices must be documented and a
written direction given by the professional engineer to the principal contractor and any subcontractor clearly setting out required work practice.
The principal contractor and any sub-contractor must comply with all work directions, verbal
or written, given by the professional engineer.
A copy of any written direction required by this condition must be provided to the Principal
Certifying Authority within 24 hours of any event.
professional engineer, principal contractor and any sub-contractor responsible for such work
must immediately cease all work, inform the owner of that supported land and take immediate
action under the direction of the professional engineer to prevent any further damage and
restore support to the supported land.
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Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building and any
structure or part of a structure”.
a)
b)
c)
Note: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of
premises at or from which any pollution occurs is taken to have caused the pollution”.
Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the
Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result
of the occupation of the land being developed whether or not they actually cause the pollution.
a)
b)
c)
Prior to pumping any water into the road or public stormwater system that approval is
obtained from Council under section 138(1)(d) of the Roads Act 1993;
That water pollution, as defined by the Protection of the Environment Operations Act
1997, does not occur as the result of the discharge to the road, public stormwater system
or other place or any site water;
downpipes and stormwater pipes, to a Council approved stormwater disposal system
immediately upon completion of the roof installation or work creating other impervious
areas.
Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected
by unreasonable overland flows of stormwater and that site water does not concentrate water such that
they cause erosion and water pollution. Standard Condition: E17
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drainage system and flood protection measures relative to Australian Height Datum
The Principal Contractor or Owner Builder must ensure that a surveyor registered under the
Surveying Act 2002 carries out check surveys and provides survey certificates confirming the
location of the building(s), ancillary works, flood protection works and the stormwater
drainage system relative to the boundaries of the site and that the height of buildings, ancillary
works, flood protection works and the stormwater drainage system relative to Australian
Height Datum complies with this consent at the following critical stages.
The Principal Contractor or Owner Builder must ensure that work must not proceed beyond
each of the following critical stages until compliance has been demonstrated to the PCA’s
satisfaction:
a)
b)
c)
d)
e)
f)
g)
Upon the completion of foundation walls prior to the laying of any floor or the pouring
of any floor slab and generally at damp proof course level;
Upon the completion of formwork for floor slabs prior to the laying of any floor or the
pouring of any concrete and generally at each storey;
Upon the completion of formwork or framework for the roof(s) prior to the laying of
any roofing or the pouring of any concrete roof;
any ancillary structure, flood protection work, swimming pool or spa pool or the like;
driveways showing transitions and crest thresholds confirming that driveway levels
match Council approved driveway crossing levels and minimum flood levels.;
Stormwater Drainage Systems prior to back filling over pipes confirming location,
height and capacity of works.
Note: This condition has been imposed to ensure that development occurs in the location and at the height
approved under this consent. This is critical to ensure that building are constructed to minimum heights
for flood protection and maximum heights to protect views and the amenity of neighbours.
a)
b)
any trip hazards.
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a)
b)
c)
d)
e)
f)
g)
E.20 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous
Works Road works and work within the Road and Footway
All work carried out on assets which are under Council ownership or will revert to the
ownership, care, control or management of Council in connection with the development to
which this consent relates must comply with Council’s Specification for Roadworks,
Drainage and Miscellaneous Works dated January 2003.
The owner, principal contractor or owner builder must meet all costs associated with such
works.
This condition does not set aside the need to obtain relevant approvals under the Roads Act
1993 or Local Government Act 1993 for works within Roads and other public places.
Note: A copy of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” can be down
loaded free of charge from Council’s website www.woollahra.nsw.gov.au
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E.21 Waste minimisation and management – Demolition
In order to maximise resource recovery and minimise residual waste from demolition
activities:
•
•
•
•
•
•
an area is to be allocated for the storage of materials for use, recycling and disposal
(giving consideration to slope, drainage, location of waterways, stormwater outlets,
vegetation and access and handling requirements)
provide separate collection bins and/or areas for the storage of residual waste
clearly ‘signpost’ the purpose and content of the bins and/or storage areas
implement measures to prevent damage by the elements, odour, health risks and
windborne litter
minimise site disturbance, limiting unnecessary excavation
When implementing the SWMMP the applicant must ensure:
•
•
•
•
•
footpaths, public reserves and street gutters are not used as places to store demolition
waste or materials of any kind without Council approval
any material moved offsite is transported in accordance with the requirements of the
Protection of the Environment Operations Act (1997)
waste is only transported to a place that can lawfully be used as a waste facility
generation, storage, treatment and disposal of hazardous waste and special waste
(including asbestos) is conducted in accordance with relevant waste legislation
administered by the EPA and relevant Occupational Health and Safety legislation
administered by WorkCover NSW
evidence such as weighbridge dockets and invoices for waste disposal or recycling
services are retained
Note: Materials that have an existing reuse or recycling market should not be disposed of in a
landfill. Reuse and recycling opportunities are decreased when asbestos is not carefully removed and
segregated from other waste streams.
E.22 Waste minimisation and management – Construction
In order to maximise resource recovery and minimise residual waste from construction
activities:
•
•
arrange for the delivery of materials so that materials are delivered ‘as needed’ to
prevent the degradation of materials through weathering and moisture damage
•
consider organising to return excess materials to the supplier or manufacturer
•
allocate an area for the storage of materials for use, recycling and disposal (considering
slope, drainage, location of waterways, stormwater outlets and vegetation)
•
clearly ‘signpost’ the purpose and content of the storage areas
•
arrange contractors for the transport, processing and disposal of waste and recycling.
Ensure that all contractors are aware of the legal requirements for disposing of waste.
•
promote separate collection bins or areas for the storage of residual waste
•
implement measures to prevent damage by the elements, odour and health risks, and
windborne litter
•
minimise site disturbance and limit unnecessary excavation
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DA 147/2009/1
•
•
30 August 2010
ensure that all waste is transported to a place that can lawfully be used as a waste
facility
retain all records demonstrating lawful disposal of waste and keep them readily
accessible for inspection by regulatory authorities such as council, Department of
Environment and Climate Change (DECC) or WorkCover NSW
F.
F.1
F.2
Amenity Landscaping
The owner or principal contractor must install all approved amenity landscaping (screen
planting, soil stabilisation planting, etc.) prior to any occupation or use of the site.
Note: This condition has been imposed to ensure that the environmental impacts of the development are
mitigated by approved landscaping prior to any occupation of the development.
F.3
a)
b)
c)
d)
e)
f)
g)
h)
i)
j
All waterproofing.
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30 August 2010
F.4
Street Numbering
The development must be provided with street and sole occupancy unit numbers determined
by Council. This condition has been imposed to ensure that emergency services, utility
services, and the general public are able to clearly and readily locate any property. Further,
this condition has been imposed to protect the integrity of street numbering and land
information.
Note: Applications for the allocation of street and sole occupancy unit numbers should be made together with
any application for a strata certificate or Torrens or community title subdivision certificate. Council will
determine at its discretion in accordance with its policy street numbers and street addresses that best suit
the public interest.
F.5
Letter Box(es)
All letter boxes must be constructed and located in accordance with AS/NZS 4253:1994
Mailboxes and to Australia Post’s satisfaction.
Note: This condition has been imposed to ensure that mail can be delivered to occupiers of the site.
F.6
New Waste Services
No occupation certificate must be issued until the owner/developer has procured the provision
of required wastes services including purchase of all waste and recycling storage containers
(bins and crates) from Council or otherwise in accordance with the approved Waste
Management Plan.
G.
No relevant conditions.
H.
(s109C(1)(c))
All BASIX commitments must be effected in accordance with the BASIX Certificate No.
233649M_02.
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30 August 2010
been fulfilled."
a)
b)
c)
d)
e)
The site sign;
Ablutions;
Hoarding;
Scaffolding; and
H.3 Road Works (including footpaths)
The following works must be completed to the satisfaction of Council, in accordance with the
Roads Act 1993 approvals and comply with Council’s “Specification for Roadworks,
by these conditions at the principal contractor’s or owner’s expense:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Stormwater pipes, pits and connections to public stormwater systems within the road;
Driveways and vehicular crossings within the road;
Removal of redundant driveways and vehicular crossings;
New footpaths within the road;
Relocation of existing power/light pole
relocation/provision of street signs
New or replacement street trees;
New footway verges, where a grass verge exists, the balance of the area between the
footpath and the kerb or site boundary over the full frontage of the proposed
development must be turfed. The grass verge must be constructed to contain a uniform
minimum 75mm of friable growing medium and have a total cover of turf predominant
within the street.
New or reinstated kerb and guttering within the road; and
New or reinstated road surface pavement within the road.
Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until
compliance has been achieved with this condition. An application for refund of security must be
submitted with the Final Occupation Certificate to Council. This form can be downloaded from
Council’s website www.woollahra.nsw.gov.au or obtained from Council’s customer service centre.
H.4 Positive Covenant & Works-As-Executed certification of stormwater systems
On completion of construction work, stormwater drainage works are to be certified by a
professional engineer with Works-As-Executed drawings supplied to the PCA detailing:
a)
b)
Compliance with conditions of development consent relating to stormwater;
The structural adequacy of the On-Site Detention system (OSD);
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c)
d)
e)
f)
30 August 2010
That the works have been constructed in accordance with the approved design and will
provide the detention storage volume and attenuation in accordance with the submitted
calculations;
Pipe invert levels and surface levels to Australian Height Datum;
Contours indicating the direction in which water will flow over land should the capacity
of the pit be exceeded in a storm event exceeding design limits.
A positive covenant pursuant to Section 88E of the Conveyancing Act 1919 must be
created on the title of the subject property, providing for the indemnification of Council
from any claims or actions and for the on-going maintenance of the on-site-detention
system and/or absorption trenches, including any pumps and sumps incorporated in the
development. The wording of the Instrument must be in accordance with Council’s
standard format and the Instrument must be registered at the Land Titles Office.
Note: The required wording of the Instrument can be downloaded from Council’s web site
www.woollahra.nsw.gov.au . The PCA must supply a copy of the WAE Plans to Council together with
the Final Occupation Certificate. The Final Occupation Certificate must not be issued until this
condition has been satisfied.
I.
I.1
Maintenance of Landscaping
All landscaping must be maintained in general accordance with this consent.
This condition does not prohibit the planting of additional trees or shrubs subject that they are
native species endemic to the immediate locality.
This condition has been imposed to ensure that the landscaping design intent is not eroded
over time by the removal of landscaping or inappropriate exotic planting.
Note: This condition also acknowledges that development consent is not required to plant vegetation and that
over time additional vegetation may be planted to replace vegetation or enhance the amenity of the
locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land.
Further, drought proof vegetation being native species endemic to the immediate locality is encouraged.
Suggested native species endemic to the immediate locality are listed in the Brochure Titled “Local
Native Plants for Sydney’s Eastern Suburbs” published by Woollahra, Waverley, Randwick and Botany
Bay Councils.
I.2
Provision of off-street Public and Visitor Parking
The owner and occupier, in compliance with AS/NZS 2890.1:2004 : Parking facilities - Offstreet car parking, must maintain unimpeded public access to off-street parking as follows:
Use
Number of public spaces
Class 1 (All day parking)
1
This condition has been imposed to ensure adequate on site parking is maintained.
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DA 147/2009/1
I.3
30 August 2010
233649M_02.
Note: This condition affects successors in title with the intent that environmental sustainability measures must
be maintained for the life of development under this consent.
I.4
On-going maintenance of the on-site-detention system
The Owner(s) must in accordance with this condition and any positive covenant:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Permit stormwater to be temporarily detained by the system;
Keep the system clean and free of silt rubbish and debris;
If the car park is used as a detention basin, a weather resistant sign must be maintained
in a prominent position in the car park warning residents that periodic inundation of the
car park may occur during heavy rain;
Maintain renew and repair as reasonably required from time to time the whole or part of
the system so that it functions in a safe and efficient manner and in doing so complete
the same within the time and in the manner reasonably specified in written notice issued
by the Council;
Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;
Not make any alterations to the system or elements thereof without prior consent in
writing of the Council and not interfere with the system or by its act or omission cause it
to be interfered with so that it does not function or operate properly;
Permit the Council or its authorised agents from time to time upon giving reasonable
notice (but at anytime and without notice in the case of an emergency) to enter and
inspect the land with regard to compliance with the requirements of this covenant;
Comply with the terms of any written notice issued by Council in respect to the
requirements of this clause within the time reasonably stated in the notice;
Where the Owner fails to comply with the Owner’s obligations under this covenant,
permit the Council or its agents at all times and on reasonable notice at the Owner’s cost
to enter the land with equipment, machinery or otherwise to carry out the works
required by those obligations;
Indemnify the Council against all claims or actions and costs arising from those claims
or actions which Council may suffer or incur in respect of the system and caused by an
act or omission by the Owners in respect of the Owner’s obligations under this
condition.
This condition has been imposed to ensure that owners are aware of require maintenance
requirements for their stormwater systems.
Note: This condition is supplementary to the owner(s) obligations and Council’s rights under any positive
covenant.
I.5
Waste Management - Residential
Waste Management must comply with the approved Waste Management Plan.
Waste Management must comply with Council’s current waste management policy as is in
force from time to time.
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The occupier of the site must place waste and recycling bins/crates placed on the footpath for
collection but not earlier than 12 hours prior to the designated collection time.
The occupier of the site must remove waste and recycling bins/crates from the footpath within
12 hours of being emptied by Council’s waste service and they must be stored within the site
in the approved waste storage area.
No commercial waste must be placed within residential waste and recycling bins/crates
Note: For further residential wastes management policy information go to www.woollahra.nsw.gov.au or
contact Council’s Waste Education Officer.
I.6
Dry Recycling Systems and Services – Multi-unit residential developments
The development is to incorporate dry recycling systems and services consistent with the
Better Practice Guide for Waste Management in Multi-Unit Dwellings (the Guide), prepared
by the Department of Environment and Climate Change.
The Guide can be accessed at www.environment.nsw.gov.au/warr/BetterPracticeMUD
This condition is imposed to promote better practices in the design, establishment, operation
and on going management of waste services in residential multi-unit dwellings.
I.7
Noise Control
The use of the premises must not give rise to the transmission of offensive noise to any place
of different occupancy. Offensive noise is defined in the Protection of the Environment
Useful links:
/index.php).
(www.aaac.org.au).
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DA 147/2009/1
I.8
30 August 2010
time.
J.
No relevant conditions.
K.
Advisings
a)
b)
c)
d)
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DA 147/2009/1
30 August 2010
www.agd.nsw.gov.au.
0283568211.
prosecution.
licence.
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NSW 2124.
K.7 Asbestos Removal, Repair or Disturbance
Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a
current removal licence from Workcover NSW.
Before starting work, a work site-specific permit approving each asbestos project must be
obtained from Workcover NSW. A permit will not be granted without a current Workcover
licence.
All removal, repair or disturbance of or to asbestos material must comply with:
a)
b)
c)
d)
The Occupational Health and Safety Act 2000;
The Occupational Health and Safety Regulation 2001;
The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)];
The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC:
3002 (1998)] http://www.nohsc.gov.au/ ];
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DA 147/2009/1
e)
30 August 2010
The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors.
Note: The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of
Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health
and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation
2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for
asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and
Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting
www.workcover.nsw.gov.au or one of Workcover NSW’s offices for further advice.
K.8 Lead Paint
It is beyond the scope of this consent to provide detailed information about dealing with lead
paint. Painters working in an area containing lead-based paint should refer to Australian
Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS
4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings.
Industrial paints, may contain lead. Lead is used in some specialised sign-writing and artist
paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in
commercial and residential paints from the late 1800s to 1970. Most Australian commercial
buildings and residential homes built before 1970 contain lead paint. These paints were used
both inside and outside buildings.
Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as
dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff
contains lead particles it must be contained. Lead is extremely hazardous, and stripping of
lead-based paint and the disposal of contaminated waste must be carried out with all care.
Lead is a cumulative poison and even small levels in the body can have severe effects.
K.9 Dividing Fences
The erection of dividing fences under this consent does not affect the provisions of the
Dividing Fences Act 1991. Council does not adjudicate civil disputes relating to the provision
of, or payment for, the erection of dividing fences.
Note: Further information can be obtained from the NSW Department of Lands http://www.lands.nsw.gov.au/LandManagement/Dividing+Fences.htm. Community Justice Centres
provide a free mediation service to the community to help people resolve a wide range of disputes,
including dividing fences matters. Their service is free, confidential, voluntary, timely and easy to use.
Mediation sessions are conducted by two impartial, trained mediators who help people work together to
reach an agreement. Over 85% of mediations result in an agreement being reached. Mediation sessions
can be arranged at convenient times during the day, evening or weekends. Contact the Community Justice
Centre either by phone on 1800 671 964 or at http://www.cjc.nsw.gov.au/.
K.10 Appeal
contact Larissa Holbert, Assessment Officer, on (02) 9391 7046.
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DA 147/2009/1
30 August 2010
hearing.
K.12 Recycling of Demolition and Building Material
It is estimated that building waste, including disposable materials, resulting from demolition,
excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is
also a problem in the generation of dust and the pollution of stormwater. Council encourages
the recycling of demolition and building materials.
K.13 Owner Builders
Under the Home Building Act 1989 any property owner who intends undertaking construction
work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an
approved education course and obtain an owner-builder permit from the Office of Fair
Trading. See www.fairtrading.nsw.gov.au.
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K.14 Roads Act Application
Works or structures over, on or under public roads or footpaths are subject to Sections 138,
139 & 218 of the Roads Act 1993 and specifically:
•
•
•
•
•
Construction of driveways and/or new or alterations to footpath paving
Alteration and/or extension to Council drainage infrastructure
Alteration and/or addition of retaining walls
Pumping of water to Council’s roadway
Installation of soil/rock anchors under the roadway
An “Application to carry out works in a Public Road” form must be completed and lodged,
with the Application fee, at Council’s Customer Services counter. Detailed plans and
specifications of all works (including but not limited to structures, road works, driveway
crossings, footpaths and stormwater drainage etc) within existing roads, must be attached,
submitted to and approved by Council under Section 138 of the Roads Act 1993, before the
issue of any Construction Certificate.
Detailed engineering plans and specifications of the works required by this Condition must
accompany the Application form. The plans must clearly show the following:
•
•
Engineering drawings of the new drainage line to be constructed joining the new and
existing drainage pits including services.
All driveways must include a design longitudinal surface profile for the proposed driveway
for assessment. The driveway profile is to start from the road centreline and be along the
worst case edge of the proposed driveway. Gradients and transitions must be in accordance
with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway
profile submitted to Council must be to (1:25) scale (for template checking purposes) and
contain all relevant details: reduced levels, proposed grades and distances.
maintained unless otherwise specified by Council. Your driveway levels are to comply with
AS2890.1 and Council’s Standard Drawings. There may be occasions where these
requirements conflict with your development and you are required to carefully check the
driveway/garage slab and footpath levels for any variations.
Note: any adjustments required from the garage slab and the street levels are to be carried out internally on
private property
Drainage design works must comply with the Council’s draft Development Control Plan
Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14
December 2006), and
Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor
Policy”.
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All public domain works must comply with Council’s “Specification for Roadworks,
by these conditions. This specification and the application form can be downloaded from
Note: When a large Roads Act is required, then four (4) weeks is to be allowed for assessment.
crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design
and levels changes under this consent. This may in turn require the applicant to seek to amend this
consent.
Mrs L Holbert
REVIEW OFFICER
Mr G Fotis
TEAM LEADER
ANNEXURES
1.
2.
3.
4.
5.
Technical Services referral
Landscape Officer referral
Heritage Officer referral
Original assessment Report
62
30 August 2010
POLITICAL DONATIONS DECISION MAKING FLOWCHART
FOR THE INFORMATION OF COUNCILLORS
Matter before Committee or
Council meeting
Action
Declare a significant nonpecuniary conflict of interest,
absent yourself from the meeting
and take no further part in the
debate or vote on the matter
(Code of Conduct Cl 7.17(b))
Did the applicant, owner (if not the applicant) or
someone close to the applicant make a donation in
excess of $1,000 that directly benefited your election
campaign? (Code of Conduct Cl 7.23)
Yes
No
Action
Declare a significant nonpecuniary conflict of interest,
absent yourself from the meeting
and take no further part in the
debate or vote on the matter
(Code of Conduct Cl 7.17(b))
Yes
Do you believe the political
contribution creates a significant nonpecuniary conflict of interest for you?
(Code of Conduct Cl 7.24)
Did the applicant or someone close to the
applicant make a donation less than $1,000 that
directly benefited your election campaign?
(Code of Conduct Cl 7.23)
Yes
No
No
Action
Consider appropriate action required.
This could include limiting involvement by:
1. participating in discussion but not in decision
making (vote),
2. participating in decision making (vote) but not in
the discussion
3. not participating in the discussion or decision
making (vote)
4. removing the source of the conflict
Staff to record decision process
(motions/amendments) and Division
of votes for the determinative
resolution or recommendation in the
meeting minutes
or
Yes
Action
Participate in debate and vote on
the matter
Is the matter before the
meeting a Planning Matter?
No
Staff to record decision process
(motions/amendments) and
determinative resolution or
recommendation in the meeting
minutes
3