3B MacPherson Street, Waverley – Construction of four (4) garages at Albion Lane and the demolition of two (2) garages at MacPherson Street to provide for one hardstand car space, a front fence and landscaping. (DA-559/2009) Report dated12 May 2010 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Referred to DCC given the number of submissions received.

Development Assessment Report Development Application No. DA-559/2009 Address 3B MacPherson Street, Waverley Lodgement Date

28 October 2009 2 February 2010 (Amended plans submitted)

Proposal

Construction of four (4) garages at Albion Lane and the demolition of two (2) garages at MacPherson Street to provide for one hardstand car space, a front fence and landscaping.

Zoning and relevant controls

Waverley Local Environmental Plan 1996 Residential 2(c1) – Medium and High Density Waverley Development Control Plan 2006

Owner Proprietors of SP 32555 (Mr B J Bedkober) Applicant Proprietors of SP 32555 (Mr B J Bedkober) Submissions Six (6) submissions Recommendation APPROVAL subject to conditions contained in this

report. Site Map

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1. PREAMBLE

1.1 The Site and its Locality The subject site is located on the southern side of MacPherson Street, Waverley and has rear frontage to the north side of Albion Lane. The property is rectangular in shape with a frontage to MacPherson Street and width of 11.43m, side boundaries and depth of 60.96 m, and a total site area of approximately 696.7m². The site contains a steep slope from the MacPherson Street frontage towards the rear boundary at Albion Lane with a total cross-fall of approximately 9m. Existing development on the site comprises a two storey residential flat building containing four (4) units. Two single vehicle garages are located adjacent to the MacPherson Street frontage. A large Camphor Laurel tree (height approximately 15m) is located at the south-west corner of the site. A sandstone retaining wall in poor condition is located on the rear laneway frontage of the site. Adjacent development to the west comprises a two (2) storey residential flat building similar in overall bulk and scale to the subject building. To the east is located a 3-5 storey residential flat building with a row of garages with hard stand parking over, facing Albion Lane. On the opposite side of MacPherson Street is the St Catherines School campus, and on the opposite side of Albion Lane to the south of the site are various residential buildings each with garages facing the laneway.

1.2 Background TPO-144/2009 – Refused 13 July 2009. Application to remove the large Camphor Laurel tree located at the rear of the property. DA 559/2009 – Deferred 17 December 2009. The subject application was reviewed by Council’s Development and Building Unit (DBU). The DBU deferred the application for amended plans to addresses the following issues (italics) :- 1. No more than four (4) car spaces are to be provided on-site. Noting that the existing

building provides for four (4) two bedroom units and Council’s car parking maximum within its DCP provides for up to four (4) spaces only.

Comment: The amended plans contain a four (4) car garage to Albion Lane and a hardstand car space to MacPherson Street, providing a total of five (5) spaces on site. This issue has not been satisfied and is discussed in detail further in this report.

2. If a reasonable urban design benefit is provided to the frontage of the site, the removal

of the existing Campher Laurel tree will be supported. That benefit should be removal of the existing garages / crossings to the front of the building and restoration of the front landscaping. It is noted that the applicant has a preference for a drop-off / pick-up space to the front of the site. This could be achieved via the provision of one (1) open hardstand to the front provided there is otherwise a substantial improvement to the frontage of the building (e.g. removal of the garages and closure of the other crossing). However, this would mean only three (3) garages would be supported to the rear. The rear lane is the preferred and rationale location for garaging and a split parking scheme i.e. one in the front and three in the back is not considered efficient or ideal.

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Comment: The amended plans have provided for the demolition of the existing garages located at the MacPherson Street frontage and the provision of significant additional landscaping to the front yard of the site. Te amended plans propose the construction of a hardstand car pace in the north-west corner of the site and a total of five (5) on site parking spaces (a non-compliance with the car parking maximum for the site). This deferral matter is not satisfied but can be satisfied by conditions of consent, deleting the front hard stand space.

3. Provision of a landscape plan for the front and rear of the site providing for the

following:-

(a) All landscaping on the site (trees, shrubs and groundcovers) are to be representative of a minimum 50% local native species.

(b) The landscape plan to include the front garden with the driveway deleted and a minimum of 50% soft deep landscaping; and

(c) The planting of one species of either a Corymbia Eximia (Yellow Bloodwood) or Angophora Costata (Sydney red gum) in the front and rear landscaped areas, of a minimum container size of 45-litres.

Comment: The amended plans are considered to satisfy these deferral matters.

1.3 Proposal Description

The proposed development is summarised as follows: Removal of the large Camphor Laurel tree in the rear yard; Construction of a four car garage adjacent to the rear lane, with landscaped terrace and

small storage shed over; Landscaping to the rear garden consisting of a number of native shrubs and tree; Demolition of the two garages at the MacPherson Street frontage; Landscaping to front garden including a new tree, a Corymbia Eximia (Yellow

bloodwood); Construction of a hardstand car space at the MacPherson Street frontage; Construction of a 1.2 - 15.m masonry front fence with a metal sliding gate; and Construction of 1.8m high timber side fences.

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

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

2.1.1 Waverley Local Environmental Plan 1996 Clause 3 – Specific Aims The proposed development is considered to satisfy the relevant Specific Aims of the LEP in relation to housing and environmental protection. Clause 10 – Zone Objectives The proposed development is generally consistent with the objectives for the Zone 2(c1) Residential – Medium and High Density. In this regard it is considered that the proposal

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satisfies objective (b) which is ‘to maintain and improve the amenity of the locality’. The Camphor laurel tree although currently contributing significantly to the amenity of the immediate neighbourhood and the laneway, will be replaced by three semi-mature native trees (one in the rear garden, and two in the front garden - by condition). This modification is considered to result in an overall improvement in the environment in the medium to longer term. Furthermore the proposal involves removal of the demolition of two (2) garages at the MacPherson Street frontage and construction of a hardstand, while the proposed hardstand is deleted by condition. The demolition of the garages to provide for further landscaping at the front of the site is considered to significantly enhance the MacPherson Street streetscape and neighbourhood amenity. Clauses 21-26 – Environmental Considerations The proposal is not considered to detrimentally impact upon the environmental considerations of the LEP. Part 4 – Heritage Provisions The site is not listed as an item of heritage significance, is not within a heritage conservation area and is not located within a residential character study area.

2.1.2 Waverley Development Control Plan 2006 (Amendment No. 4) Part D2 – Multi-Unit Housing and J1 – Land Use and Transport

COMPLIANCE CHECK Control Standard Proposed Compliance Setbacks Front Rear Side

Predominant setback

(If none – 6m) 6.0m 2.0m deep-soil setback

17.5m (demolition of

front garages); 400mm – 1200mm Nil (garages)

Yes No No

Landscaping Min. 30% as deep soil Min. 50% at rear Min. 30% at front 2m soft along one side

28%; 47% at rear; 38% at front; Nil.

No No Yes No

Fencing Front Side

Max.1.2m Max. 1.8m (taper down

from front building line)

1.2 – 1.5m 1.8m

No No

Vehicular Access and Parking

4 spaces (1 per 2 bedroom unit)

Nil visitors

5 spaces Nil

No Yes

Setbacks The proposal results in a positive outcome in relation to the front yard of the existing building with the removal of two (2) garages located at the MacPherson Street frontage. The existing two (2) garages are considered obtrusive elements which dominate the presentation of the residential flat building to MacPherson Street, the proposal results in an increase to the front building line setback from 3.4m to 17.5m. The proposed garages built to the sites east and west side boundaries and setback 400mm to 1200mm from the south (rear) boundary is non-compliant with Council’s rear and side setback controls. Although the proposed garages are non-compliant with the numeric setback controls, the setback controls contained with Council’s DCP are considered applicable to residential flat building and not ancillary structures such as detached garages built to a rear

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laneways. As Council’s DCP does not include setback and height controls for garages a merit assessment of the proposal has been undertaken. The proposed garages will be primarily excavated into the site involving removal a large Camphor Laurel tree, sandstone retaining wall and part of the sites rear garden which is elevated above Albion Lane. During a site visit it was indicated that the proposed garages contain a similar built form to a multitude of garages fronting Albion Lane. Properties contain similar garage structures include Nos 3, 3A, 5-7 and 9 MacPherson Street, and Nos 8, 19, 12 and 14 Wallace Street. Given the number and built form of existing garages along Albion Lane the proposed garages are considered acceptable with regards to Council’s setback controls. Landscaping The proposal provides a minor non-compliance with required deep soil zone landscaping at the rear (47% in lieu of 50%) and on the site as a whole (28% in lieu of 30%). However in the event of approval, a condition should be imposed to delete the front driveway from the plans which will result in overall deep soil landscaping being increased to 235m2 (34%) and therefore compliant with the DCP control. No objection is raised to the minor non-compliance in respect of the deep soil zone area in the rear garden. Fencing (front and side) The proposed front and side fencing contain a minor non-compliance with Council’s controls. A general modification has been included which reduces the maximum height of front fence to 1.2m (above the existing footpath) and requires the side fences to tapered down to 1.2m with the front fence (see condition 2 (a) ). Vehicle access and parking The proposal results in five (5) car parking spaces which is non-compliant with Council’s maximum of 4 car parking spaces. The proposed hardstand car space located to the site’s MacPherson Street frontage which utilises an existing vehicle crossing is not supported, as the hardstand is forward of the front building line, results in two vehicular crossings to a site with two street frontages, and the proposed hardstand car space is considered to result in unacceptable streetscape impacts. Parking in the front building alignment is also discouraged within Council’s DCP. The proposed hardstand is deleted and soft landscaping which shall include the planting of an Angophora costata (Sydney red gum) of 45 litre pot size (see condition 2 (b)). The proposed garages located at Albion Lane comply with the controls in they are accessed directly from the rear lane, are unlikely to compromise pedestrian or vehicle safety and contain a similar built form to other garages located in the laneway. The proposed four (4) garages located on Albion Lane are supported in this instance.

2.1.3 Other Matters Streetscape The proposed demolition of the existing two (2) garages and new hardstand car space located at the sites MacPherson Street frontage is considered to result in a positive streetscape outcome. As previously detailed the proposed new hardstand car space has been deleted by condition as it fails to adequately address Council’s vehicular access and parking, and streetscape controls. The proposed garages to Albion Lane are consistent with built form and location of other garages constructed on the laneway. The proposed 1.2m high metal balustrade along the southern frontage of the terrace above the garages is to be relocated to the north side of the planter box (see condition 2 (c)). This modification will provide an appropriate streetscape

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response to Albion Lane. Subject to satisfying the modification the proposed rear garages are supported with regards to Council’s streetscape considerations. Existing two (2) vehicle cross-over’s at MacPherson Street frontage The proposal provides for the retention of two existing vehicle cross-overs at the site's MacPherson Street frontage. However as the proposal is for the demolition of the existing two garages and a new hardstand which has been deleted by condition, the existing vehicle cross-over’s are rendered unusable and therefore should be removed to provide for landscaping in Council’s verge and further on street parking opportunities. A requirement for the applicant to remove the existing two vehicle cross-over’s has been included as a condition of consent (see condition 3). Privacy Given the location of the proposed terrace over the garages at the rear, the site topography and surrounding developments, the proposed terrace over the garages is not considered likely to result in loss of privacy to neighbouring development. The proposal is supported with respect to privacy impacts on neighbouring properties.

3. REFERRALS

3.1 Internal

Tree Preservation The amended application was internally referred to Council’s Tree Management Officer who provided the following comments:

“DA-559/2009 Comments: At the time of inspection this tree is in good condition showing no major defects, healthy leaf growth, good form and fills a significant area of the rear of this property. The area where the tree is growing is in one of the leafier areas within Waverley and it provides a softening effect to the hard landscaping/structures that are evident in this laneway. The replacement plantings and synthetic turf proposed over the new garages are no comparison to the amenity and ecosystems that this tree provides. This proposal will not be supported. If any approval is granted then protection of neighbouring trees needs to be considered and conditioned. Recommendations This proposal cannot be supported in its current form due to impacts on the Cinnamomum camphora (Camphor laurel). This tree is to be retained and protected.”

See DBU comment. Vehicular access The application was referred to Council’s Technical Services Division and considered acceptable subject to conditions.

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Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposal is considered to have an acceptable impact on the natural and built environment, and no unacceptable social or economic impacts are expected as a result of the proposed works. Section 79C(1)(c) - The suitability of the site for the development. The proposal has been considered with regards to Section 79C1(c) and the site is considered suitable for the proposed development.

4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development and five (5) submissions were received. The issues raised in the submission are summarised and discussed below. Property Location Summary of Objections

4/3A MacPherson Street Neighbour (west) Removal of Camphor Laurel tree. Excessive on site parking. Privacy impacts from garage and

storage room. 26/5-7 MacPherson Street Neighbour (east) Removal of Camphor Laurel tree.

Privacy impacts from terrace, garage and storage room.

Use of garages for commercial purposes.

Unknown Unknown Removal of Camphor Laurel tree. Bronte Beach Precinct NA Removal of Camphor Laurel tree.

Hardstand car space impact on streetscape of MacPherson Street.

3 Barclay Street 309m (south-east) Removal of Camphor Laurel tree. The issues raised in submissions with regard to the application are discussed below: Issue: Objections to removal of the Camphor laurel, a healthy tree, for garages, on grounds of loss of privacy, landslip, aesthetic and screening value of the tree, green vista, and impact on birdlife.

Comment: As discussed in the report, it is considered that the beneficial effects of the removal of the Camphor laurel tree and its replacement by two suitable semi-mature native species together with the removal of the two existing garages and replacement with extensive landscaping in the front of the site, will outweigh the short term negative impacts on neighbourhood amenity. Issue: Privacy impact from use of terrace over garages for entertaining.

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Comment: The propose terrace is located at or near existing ground level except where is directly adjacent to the laneway, is at the rear of the site, and has an adequate separation distance from the nearest habitable room of any adjacent dwelling. It is considered that use of the terrace is unlikely to adversely impact the acoustic or visual privacy of neighbours. Issue: Development should be modified to retain the existing tree. Comment: Council’s tree management officer indicated that any garages located in at the Albion Lane would result in the removal of the existing tree. Issue: Potential use of garages for commercial purposes. Comment: The recommended approval is for garages for the parking of resident’s vehicles. Should the garages be used in future for or any other use, this would be contrary to the consent and the zoning and would be necessitating compliance action. A condition is included ensure the garages are to be used only for the parking of vehicles of residents of units within the residential flat building of the site. Section 79C(1)(e) - The public interest. The proposal is considered to be in the public interest.

5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW The application, as recommended with conditions, will provide for a removal of existing unsightly garaging in the frontage of the existing residential flat building and the provision of appropriate garaging off Albion Lane. This type of development is what is envisaged for the site under Council’s DCP and the DBU do not consider there is a good planning reason to oppose such a proposal. The DBU notes that previously a Tree Preservation Order to remove the rear Camphor Laurel tree was refused. The removal of this tree as part of this application is now considered acceptable. It is also noted that Camphor Laurel trees are often considered to be weeds, indeed Council’s current Tree Management Plan (2006 p 9), “…the Cinnamonmum camphora (Camphor Laurel), are now regarded as weeds because of their invasive effect on local indigenous species.” This consent will provide for more appropriate plantings on this site. The application is recommended for approval subject to conditions of consent.

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6. RECOMMENDATION

That Development Application No. DA-559/2009 at 3B MacPherson Street, Waverley, for removal of tree, demolition of front garages, erection of rear garages with terrace and shed over and driveway in front yard, be approved the Development Control Committee, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with (a) Drawing No 944/09, dated 29/01/2010, drawn by Plan Ahead Designs and received by

Council on 2 February 2010, and (b) Landscape Plan No L-01, Revision D, dated 27/01/2010, prepared by Ecodesign, and

received by Council on 2 February 2010, and (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in

accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006, submitted with the application;

Except where amended by the following conditions of consent;

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The hardstand car space located in the north-west corner of the site is not approved

and shall be deleted and replaced with deep soil soft landscaping. In this regard the landscaping plan is to be modified to a symmetrical design, whereby the landscaping proposed for the eastern side of the frontage is repeated on the west side and the plan is to include two (2) Angophora costata (Sydney red gum) trees of 45 litre pot size to be included in the front landscaping area a minimum 3 m from side boundaries;

(b) The masonry front fence is to be reduced to a maximum height of 1.2m, above the

existing footpath level. The metal sliding gate shall be deleted and replaced by an extension of the 1.2m high masonry front fence. The timber paling side fences are to taper down at the front building line from 1.8m to 1.2m at the frontage to MacPherson Street; and

(c) The 1.2m high metal balustrade along the southern frontage of the terrace above the

garages is to be relocated to the north side of the planter box. This modification will provide an appropriate streetscape response to Albion Lane.

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

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3. EXISTING VEHICLE CROSSING IS TO BE CLOSED

The existing two (2) vehicle crossing located to the site's MacPherson Street frontage is to be closed and all work and costs associated with the closure is to be paid by the applicant with the approval of, and in accordance with, the requirements of Council.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

4. SECTION 94A CONTRIBUTION A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and the "Waverley Council Development Contributions Plan 2006" in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and

submitted to Council:

1. Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or,

2. Where the total development cost is $500,000 or more:

"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council Chambers (First Floor) or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Chambers, First Floor, Cnr Paul Street and Bondi Road, Bondi Junction. Advisory Note A development valued at $100,000 or less will be exempt from the levy. A development valued at $100,001 - $200,000 will attract a levy of 0.5%. A development valued at $200,001 or more will attract a levy of 1% based on the full

cost of the development.

5. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $3,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

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6. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

7. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; (b) a Principal Certifying Authority has been appointed and Council has been notified of the

appointment in accordance with Section 81A(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

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

building works.

8. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of the

appointment in accordance with Section 81A(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

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

building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

9. SITE WASTE AND RECYCLING MANAGEMENT PLAN A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Council's DCP 19 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction.

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10. EROSION, SEDIMENT AND POLLUTION CONTROL

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

11. CONSTRUCTION VEHICLE PLAN OF MANAGEMENT Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site.

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

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

14. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

15. DILAPIDATION REPORT Dilapidation report prepared by a practising Structural Engineer shall be submitted to the

Principal Certifying Authority, Council and the owners of the adjoining properties No 3A and 5-7 Macpherson Street, prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external) upon the adjoining properties including ancillary structures, located within 4m of the common boundary with the subject property.

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16. LONG SECTION OF DRIVEWAY A long section of the driveway shall be submitted with the Construction Certificate. The long section is to be drawn at a scale of 1:25 and shall include Reduced Levels (RLs) of the road centreline, kerb, road reserve, and pavement within the property and garage floor. The RLs shall include the existing levels and the design levels.

17. NEW VEHICLE CROSSING A new vehicle crossing is to be provided to access the proposed garage. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. All new vehicle crossings to be Wheel Strips instead of full width concrete driveway wherever feasible.

18. VEHICULAR ACCESS - FINISHED LEVELS The finished level at the property boundary on both sides of the vehicle crossing is to be 100m above the level of the invert of the existing concrete gutter.

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

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

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

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

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

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

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23. CONSTRUCTION SIGNS

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

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

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

26. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

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

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

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

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

31. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling

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

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW. Noise from construction activities shall comply with the Protection of the Environment Operations (Noise Control) Regulation 2000.

32. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS AND NOT EXCEEDING

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

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

34. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building:

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(a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being

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

and columns. Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

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

36. NO WORKS BEYOND BOUNDARIES No portion of the proposed works, including swimming pool and footings, is to encroach beyond the boundaries of the subject property.

37. TREE PLAN Only trees with the approval of Council for removal may be removed from the site. Species Location Action 1 x Cinnamomum camphora (campher laurel)

South-west corner of site

Removal and replace with an alternative species.

The tree to replace this tree are to a Corymbia eximia (Yellow Bloodwood) in the front garden as shown in the approved landscape plan and either a Corymbia eximia (Yellow Bloodwood) and a Angophora costata (Sydney red gum) in the front garden, each of a minimum container size of 45 litres, and shall be maintained until they attain a mature height of at least six (6) metres, whereby they will be protected by Council’s Tree Preservation Order. Trees shall not be tied to stakes unless support is essential. All advanced trees are to be planted in holes at least 450mm square and 450mm deep, containing good quality soil and humus. In lawn areas, grass is too kept back for a radius of at least 450mm from stems and trunks, a depression should be formed for the collection of water and the area mulched. Woodchip mulch is to be installed to a depth of 75-90mm to all mass planted garden areas and around the base of trees in lawn areas. The mulch should be kept at least 50mm away from plant stems to reduce the risk of collar rot.

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If the replacement trees are found to be faulty, damaged, dying or dead before being protected by Council’s Tree Preservation Order the tree/s shall be replaced with the same species at no cost to Council.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

38. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied. J:\HOME\PES\reports\South Team\Philip Bull\DCC2010\may\3B MacPherson.doc

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