49 sugarloaf crescent, castlecrag nsw 2068

WARD INSPECTION COMMITTEE

49 Sugarloaf Crescent, CASTLECRAG NSW 2068. (Ward: Sailors Bay)

49 Sugarloaf Crescent, CASTLECRAG NSW 2068.DA NO: DA-2013/362

ATTACHMENTS: 1. ARCHITECTURAL PLANS2. NOTIFICATION MAP

DATE: 15-NOV-2013

RECOMMENDATION: APPROVAL

LOCATION: 49 SUGARLOAF CRESCENT, CASTLECRAG NSW 2068.

APPLICANT: CHRIS DALEY DESIGN

PROPOSAL: ALTERATIONS AND FIRST FLOOR ADDITION TO EXISTING DWELLING AND ASSOCIATED WORKS

DATE OF LODGEMENT: 30-AUG-2013

VALID APPLICATION DATE: 31-OCT-2013

REPORTING OFFICER: ARTHUR TSEMBIS (DEVELOPMENT PLANNER)

RESPONSIBLE OFFICER: IAN ARNOTT (DEVELOPMENT PLANNING MANAGER)

DESCRIPTION OF PROPOSAL

The proposed development is for alterations and first floor additions to an existing dwelling. The proposed works include:

Lowering the floor level of the existing garage by 500mm to increase the floor to ceiling height.

New internal stairs from the garage up to the upper ground floor level and new external stairs up to the front entry.

Minor internal alterations and additions on the upper ground floor level to create a new pantry and laundry off the existing kitchen, new balcony off the existing living area, and a new alfresco dining area off the existing family room.

New first floor addition comprising 3 bedrooms, 2 bathrooms, rumpus room and 2 balconies at the front of the dwelling facing north.

The proposed development does not fully comply with the 8.5m height limit under the provisions of WLEP 2012. An application has been lodged to vary this development standard. The variation sought is more than 10% and therefore the development application is required to be referred to a Ward Councillor meeting for determination.


49 Sugarloaf Crescent, CASTLECRAG NSW 2068. (Cont.) (Ward: Sailors Bay)

Neighbour Notification

In accordance with Clause B4.10 (Category B) of WDCP the application was notified to adjoining and nearby residents for a period of fourteen (14) days and one submission was received from No 51 Sugarloaf Cres. Concern was raised about privacy issues from the proposed new balconies and the windows on the western side of the proposed first floor addition.

Existing Building and Site Context

The subject site is located on the southern (high) side of Sugarloaf Crescent. The site is occupied by single storey dwelling with a garage below the upper ground floor level. Due to the slope of the land from front to back, the existing dwelling appears as a two storey building from the street frontage.

Surrounding development consists of predominantly two and three storey detached dwelling houses. The area is characterised by a mix of older and newer homes of varying development styles.

Controls

i) WLEP 2012: Yesi) Conservation Area: Noii) Zoning: E4 Environmental Livingiii) Applicable DCP (SEPPs, REPs): WDCP; SREP (Sydney Harbour Catchment) 2005

and associated DCP; SEPP (BASIX) 2004.iv) Other Relevant Policies (Council Resolutions, Draft DCPs): Nilv) Developer’s Contribution Plans: S94A

Development Statistics

Existing Proposed Standard Compliancea) Site Area 689.2m2

WLEP 2012b) Gross Floor Area

Floor Space Ratio (Clause 4.4(2))

246.9m2

0.36:1255.0m2

0.37:1 Yes

c) Height (Clause 4.3(2))

10.0m 8.5mm No(1)

WDCPd) Car Spaces(Part C.4.2)

1 2 2 Yes(2)

e) Building Envelops and Setbacks (Part D.1.7)Building Height PlaneSetbacks -

Front:Rear:Side (west):GroundFirst floorSide (east):GroundFirst floor

11.4m

1.23mN/A

1.1mN/A

No change16.6m

No change1.23m

No change1.1m

45o at 3.5m

Consistent6.0m

900mm1500mm

900mm900mm

No(3)

YesYes

YesNo(4)

YesYes



Existing Proposed Standard Compliancef) Soft Landscaped Area (Part D.1.8.)

Approx 310m2 No change 298.0m2 Yes

g) Private Open Space (Part D.1.9)

>150m2 150m2 Yes

Compliance with Plans or Policies

1. Part of the first floor addition does not fully comply with the 8.5m height limit under the provisions of WLEP 2012. This matter is addressed in the ‘assessment’ section of this report.

2. Two car parking spaces are required for a dwelling with 3 bedrooms or more in accordance with Part C.4.2 of WDCP. These spaces are provided in a tandem car parking arrangement. This matter is further discussed in the ‘assessment’ section of the report.

3. Part of the proposed first floor addition does not comply with the building height plane (BHP) under Part D.1.7 of WDCP. This matter is addressed in the ‘assessment’ section of this report.

4. Neither side of the first floor addition has a 1.5m side boundary setback in accordance with Part D.1.7(8) of WDCP. This matter is addressed in the ‘assessment’ section of this report.

Referrals

Building:

Council’s Building Surveyor advised that the BASIX requirements are required to be detailed on the DA plans as per the BASIX Certificate. These details were provided on the additional plans received by Council on 31 October 2013.

The subject property is identified as bushfire prone land. A Bushfire Hazard Assessment Report submitted with the application was reviewed by Council’s Building Surveyor and considered to be satisfactory. Standard building conditions are included in the attached ‘Schedule of Conditions’.

Engineering:

Council’s Development Engineer advised that long sections of the driveway are required at the CC stage. This requirement and other standard engineering conditions are included in the attached ‘Schedule of Conditions’.

Matters for Consideration Under S.79C EP&A ActSatisfactory Unsatisfactory Not Relevant N/A

(a)(i) The provisions of any environmental planning instrument (EPI)State Environmental Planning Policies (SEPP) Regional Environmental Plans (REP) Local Environmental Plans (LEP) Comment: The proposed development is permissible in the E4 –Environmental Living Zone; however, it does not comply with the 8.5m height limit under the provisions of WLEP 2012. This matter is discussed in the ‘assessment’ section of this report. The proposal satisfies the provisions of all relevant SEPPs, including SREP (Sydney Harbour Catchment), which is a deemed SEPP.

(a)(ii) The provision of any draft environmental planning instrument (EPI)




Draft State Environmental Planning Policies (SEPP) N/ADraft Regional Environmental Plans (REP) N/ADraft Local Environmental Plans (LEP) N/AComment: There are no draft planning instruments that apply to the subject land.

(a)(iii) Any development control plansDevelopment control plans (DCPs) Comment: The proposal does not comply with the side boundary setback and BHP requirements under the provisions of WDCP. These matters are discussed in the ‘assessment’ section of this report.

(a)(iv) Any matters prescribed by the regulationsClause 92 EP&A Regulation-Demolition Clause 93 EP&A Regulation-Fire Safety Considerations N/AClause 94 EP&A Regulation-Fire Upgrade of Existing Buildings N/AComment: A standard condition requires any demolition to comply with AS 2601 in accordance with the Regulations. The proposal does not involve extension of an existing building which is more than half the total volume of the building or a change of use that does not involve enlargement or extension of the building. As such, these matters prescribed by the Regulations do not apply.

(b) The likely impacts of the developmentContext & setting Access, transport & traffic, parking Servicing, loading/unloading N/APublic domain Utilities Heritage N/APrivacy Views Solar Access Water and draining Soils N/AAir & microclimate Flora & fauna Waste Energy Noise & vibration Natural hazards (Bush Fire) Safety, security crime prevention Social impact in the locality Economic impact in the locality Site design and internal design Construction Cumulative impacts Comment: Subject to appropriate conditions relating to privacy screens, the proposed development will not have an adverse impact on the residential amenity of adjoining and nearby residents. It is also considered that the proposed development will not have an adverse impact on the existing streetscape and/or the aesthetic and natural features of the locality.

(c) The suitability of the site for the developmentDoes the proposal fit in the locality?




Are the site attributes conducive to this development? Comment: The proposed development is in keeping with the residential character of the locality.

(d) Any submissions made in accordance with this Act or the regulationsPublic submissions Submissions from public authorities N/AComment: No referrals were required to public authorities and as a result of the notification to adjoining and nearby residents one submission was received. The issues raised in the submission are addressed in the ‘neighbour notification issues’ section of this report.

(e) The public interestFederal, State and Local Government interests and Community interests Comment: The proposed development does not compromise the residential character or the natural and scenic qualities of the locality and therefore the proposed development is in the public interest.

Assessment

Height:

The proposed development does not fully comply with the 8.5m height limit in accordance with Clause 4.3 of WLEP 2012; therefore a written request to vary the development standard is required in accordance with Clause 4.6(3) of WLEP 2012.

The maximum overall height of the proposed first floor addition is 10.0m. This is 1.5m or 17.6% in excess of the 8.5m height limit.

The relevant objectives of the development standard under Clause 4.3(1) are:

to ensure that new development is in harmony with the bulk and scale of surrounding buildings and the streetscape,

to minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,

to ensure a high visual quality of the development when viewed from adjoining properties, the street, waterways, public reserves or foreshores,

to minimise disruption to existing views or to achieve reasonable view sharing from adjacent developments or from public open spaces with the height and bulk of the development,

to set upper limits for the height of buildings that are consistent with the redevelopment potential of the relevant land given other development restrictions, such as floor space and landscaping,

to use maximum height limits to assist in responding to the current and desired future character of the locality

Clause 4.6 (Exceptions to development standards) provides a degree of flexibility to achieve a better outcome for a proposed development. In accordance with Clause 4.6(3) the applicant lodged a written request that seeks to justify that the development standard is unreasonable or unnecessary in the particular circumstances, and that there are sufficient planning grounds to justify a variation of the development standard. In support of the application to vary the development standard the applicant provided, inter alia, the following advice:



I wish to address the raised concern that the development does not comply with the 8.5m height limit in accordance with the definition for "building height" under WLEP 2012, based on the need to excavate the area behind the garage for security, privacy and safe access purposes as follows:

To increase the internal garage height in keeping with modern standards and allowing for modern vehicle heights.

To improve accessibility to the garage from a safety perspective by reducing the incline from the driveway.

To increase the height of the internal storage area for safety purposes in line with modern standards (currently a person of average height would not be able to stand up).

To allow for the addition of internal access from the garage to the house, via a stairway, as a more secure means of access.

Please note that the size and height of the proposed additions are in keeping with surrounding homes and any alterations to the proposed size and height would negatively impact the cohesive street appeal.

The non-compliance with the height limit is essentially created by the existing excavation in the sub-floor area for the existing garage. If the height is taken from the existing ground level around the building, the height of the proposed development would not exceed 8.5m. It is considered that the objectives of the height control are satisfied for the following reasons:

Having regard to the topography of the land, the height of the proposed building does not appear to exceed the height limit;

the proposed development is in harmony with the bulk and scale of existing development in the locality;

the overall height of the proposed first floor addition will not have a significant impact in terms of overshadowing, loss of views, loss of privacy or visual intrusion; and,

the proposed development will maintain a high visual quality when viewed from the street, nearby waterways, public reserves and the foreshore.

Having regard to the above, it is considered that strict compliance with the height requirement under the provisions of WLEP 2012 is unreasonable and unnecessary in the particular circumstances.

Building height plane:

There is a relatively small proportion (less than 1m2) of the proposed addition along the east and western boundaries outside the 45o BHP.

The intent of the BHP is to ensure adequate separation is provided to allow equitable access to sunlight and minimise overshadowing of adjoining properties.

The non-compliance is largely due to the proposal to construct the first floor addition above the external walls of the existing lower floor level. It is not considered the adjoining properties will be adversely affected by overshadowing. Subject to the provision of privacy screens, it is considered that the proposal will not result in any unreasonable loss of privacy. It is also considered the height of the proposed development will not have a significant impact on the existing streetscape.

It should be noted that the floor to ceiling height of the proposed first floor addition has been kept to a minimum and therefore there is little scope to reduce the height to comply with the



BHP. The alternative would be to increase the side boundary setback of the upper level; however, this is considered unnecessary as it would not result in a better outcome.

Having regard to the above, it is considered that the relatively minor non-compliance with the BHP provision of WDCP is acceptable for the proposed development.

Setback:

The setback controls for development in the E4 Environmental Living zone requires one side of the dwelling to have a minimum side boundary setback of 1.5m. The reason for this is to ‘preserve or create significant view from the public domain and provide for landscaping between buildings’.

Similar to the non-compliance with the BHP, the non-compliance with the side boundary setback is due to the proposal to construct the first floor addition above the external walls of the existing lower floor level. The existing setbacks of 1.1m and 1.23m will not significantly impede existing views from the public domain and a 1.5m setback for the first floor level would not provide any additional area for landscaping between adjoining buildings. As such, it is considered that the non-compliance with the 1.5m setback requirement under the provision of WDCP is acceptable for the proposed development.

Car parking:

The existing dwelling only makes provision for one car space in an existing garage. This does not strictly comply with the requirement for two car parking spaces; however, there is no other practical arrangement for additional car parking, other than the provision of tandem car parking within the existing driveway. Given the use as a single dwelling it is considered that this arrangement is acceptable for the proposed development.

Neighbour Notification Issues

The submission from the western adjoining neighbour raised concern about overlooking and loss of privacy from the proposed new balconies and windows. The submission suggested that privacy screens should be provided on the balconies and the placement of windows moved or permanent privacy shutters incorporated to prevent direct line of sight.

The windows on the western side of the proposed first floor addition are to bedrooms. It is considered that overlooking from bedrooms is not likely to result in significant impacts in terms of loss of privacy. Notwithstanding, Condition 2 includes a requirement for external privacy screens over the windows to prevent any downward viewing of the western adjoining property. Condition 2 also includes a requirement for a 1.65m privacy screen to be provided on the western side of the upper and lower balconies.

Conclusion

The proposed development for alterations and additions to the existing dwelling is permissible in the E4 – Environmental Living Zone under WLEP 2012.

The application has been assessed under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.



OFFICER'S RECOMMENDATION

1. THAT Council support the written request under Clause 4.6 (Exceptions to development standards) under WLEP 2012 as it is considered unreasonable and unnecessary to comply with the development standard under Clause 4.3 (Height of buildings) of WLEP 2012, noting the special circumstances of the proposed development being:

o The height of the proposal is in keeping with the scale of development and residential character of the locality.

o The proposal does not result in significant or unreasonable adverse impacts on adjoining and nearby neighbours in terms of overshadowing, privacy, or loss of views.

o The proposal does not detract from the scenic qualities or ecological values of the locality.

2. THAT the application be approved and delegated authority be granted to the General Manager to issue the consent notice subject to the conditions contained in attached ‘Schedule of Condition’, noting the special circumstances for the Building Height variation under Clause 4.6 of WLEP 2012 in accordance with those outlined above, and the special circumstances for the variation of the 1.5m setback and BHP requirements under WDCP, being:

The proposed development will be in harmony with the bulk and scale of existing development in the locality:

The proposed first floor addition will not have a significant impact in terms of overshadowing, loss of views, loss of privacy or visual intrusion:

The proposed development will maintain a high visual quality when viewed from the street, nearby waterways, public reserves and the foreshore:

The setbacks will not significantly impede existing views from the public domain and a 1.5m setback for the first floor level would not provide any additional area for landscaping between adjoining buildings.



SCHEDULE

Conditions of Consent: (Including reasons for such conditions)

CONSENT IDENTIFICATION

The following condition provides information on what forms part of the Consent.

1. Approved Plan/Details

The development must be in accordance with the following plans:

Type Plan No. Revision/ Issue

No

Plan Date (as

Amended)

Date Stamped by

Council

Prepared by

Site Plan 1 25/10/13 31 Oct 2013 Chris Daley Design

Garage Plan 2 25/10/13 31 Oct 2013 Chris Daley Design

Level 1 Plan 3 25/10/13 31 Oct 2013 Chris Daley Design

Level 2 Plan 4 25/10/13 31 Oct 2013 Chris Daley Design

Roof Plan 5 25/10/13 31 Oct 2013 Chris Daley Design

Front and

Eastern

Elevations

6 25/10/13 31 Oct 2013 Chris Daley Design

Rear and

Western

Elevation

7 25/10/13 31 Oct 2013 Chris Daley Design

Sections 5&6 8 25/10/13 31 Oct 2013 Chris Daley Design

the application form and any other supporting documentation submitted as part of the application, except for:

a) any modifications which are “Exempt Development” as defined under S76(2) of the Environmental Planning and Assessment Act 1979;

b) otherwise provided by the conditions of this consent.(Reason: Information and ensure compliance)



PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a construction certificate.

2. Amendments

The proposal is to be amended in the following manner:

Suitable external privacy screens are to be provided on the bedroom windows on the western side of the first floor addition to prevent any downward viewing of western adjoining property, and a 1.65m privacy screen is to be provided on the western side of the proposed new balconies on the upper ground floor level and the first floor level.

Plans detailing these amendments are required to be shown on the Construction Certificate plans.(Reason: Ensure compliance)

3. Section 94A Contributions

A monetary contribution of $8,052.00 (subject to indexing as outlined below) is to be paid in accordance with Section 94A of the Environmental Planning and Assessment Act, 1979.

This contribution is based on 1% of the estimated development cost of $805,205 at 6/9/2013 and the adopted Section 94A Contributions Plan.

To calculate the monetary contribution that is payable, the proposed cost of development is to be indexed to reflect quantity variations in the Building Price Index (Enterprise Bargaining Agreement) [BPI(EBA)] between the date the proposed cost of development was agreed by the Council and the date the levy is to be paid as required by this Plan.

To calculate the indexed levy, the formula used to determine the cash contribution is set out below.

NL = $Lo + $Lo x [current index – base index] base indexWhere:

NL is the new section 94A levy

Lo is the original levy

Current index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works available at the time of review of the contribution rate

Base index[BPI(EBA)] is the Building Price Index (Enterprise Bargaining

Agreement) as published by the NSW Public Works at the date of the proposed cost of development as above



In the event that the current BPI(EBA) is less than the previous BPI(EBA), the current BPI(EBA) shall be taken as not less than the previous BPI(EBA).

Prior to payment Council can provide the value of the indexed levy.

Copies of the S94A Contributions Plan are available for inspection online at www.willoughby.nsw.gov.au(Reason: Statutory requirement)

4. Bushfire Protection

The design and construction of the proposal shall comply with the requirements of the Planning for Bushfire Protection 2006 and Australian Standards 3959-2009 and in accordance with all requirements of the Bushfire Risk Assessment report prepared by Matthew Willis of Bushfire Planning Services Pty Ltd, dated 1/08/2013. Details of compliance are to be included in plans/specifications prior to the release of the Construction Certificate.(Reason: Safety and protection of property)

5. External Finishes – Colours and Textures

All external building materials shall be in neutral, recessive, non-reflective colours and textures, which harmonise with the colours of the natural landscape. In this regard a schedule of these colours and textures shall be submitted to the Principal Certifying Authority.(Reason: Visual amenity)

6. Damage Deposit

The applicant shall lodge a Damage Deposit of $3200 (GST Exempt) as cash, cheque or an unconditional bank guarantee, to Council against possible damage to Council’s asset during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $66 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit.(Reason: Protection of public asset)

7. Stormwater Conveyed to Street Drainage

Stormwater runoff from the site shall be collected and conveyed to the street drainage system in accordance with Council’s specifications. Any new drainage pipe connections to street kerb shall be made using a 125mm x 75mm x 4mm thick galvanised Rectangular Hollow Section (RHS) with a grated drainage pit (min. 600mm x 600mm) provided within the property and adjacent to the boundary prior to discharging to the Council’s drainage system. All drainage works shall comply with the requirements described in Part C.5 of Council’s DCP and Technical Standards. In this regard, full design and construction details showing the method of disposal of surface and roof water from the site shall be shown on the Construction Certificate plans.(Reason: Stormwater control)



8. Steep Vehicular Access – Provide Longitudinal Sections

Prior to issue of any Construction Certificate, the applicant shall submit, for approval by the Accredited Certifier, longitudinal sections along each side/edge of the proposed vehicular access path drawn at 1:20 Scale. The longitudinal sections shall be prepared by a practising civil engineer using the B85 Ground Clearance Template from AS2890.1 and shall include the following: -

Horizontal distance from the centreline of the road to the proposed parking slab, including provision of Council’s standard layback as per Council’s standard drawing SD105 which is available from Council’s website. Council’s standard layback is 500mm deep and the back of layback is 100mm above the gutter invert.

Both existing and proposed levels (in AHD) and gradients represented in percentage of the vehicular crossing and driveway.

Crossfall on road pavement shall be shown on long sections.

The crossing is to be 3 metres wide with no splays and be constructed at right angle to street kerb. The centreline of the new crossing shall be in-line with the centreline of the driveway. For the design levels of the vehicular crossing at the property boundary, the following shall be complied with:

At back of layback – 100 mm above and parallel to the gutter invert.

At property boundary – 300 mm above and parallel to the gutter invert.

All driveway grades and transitions shall comply with AS 2890.1 -2004 and Council’s specifications. The suitability of the grade of driveway inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.(Reason: Ensure compliance)

PRIOR TO COMMENCEMENT

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. All of these conditions are to be complied with prior to the commencement of any works on site, including demolition.

9. Waste Management Plan

A Construction and Demolition Waste Management Plan which provides details of specific strategies to salvage and recycle a minimum of 85% of used and unused demolition and construction materials shall be submitted to the Principal Certifying Authority.(Reason: Environment Protection/Waste Reduction)



10. Licensee Details

The name, address and contractor licence number of the licensee who has contracted to carry out the work or the name and permit number of the owner-builder who intends to carry out the work shall be furnished in writing to the Principal Certifying Authority.NB: Should changes be made for the carrying out of the work the Principal Certifying Authority must be immediately informed.(Reason: Information)

11. Report Existing Damages on Council’s Property

Prior to commencement of any works on site, the applicant shall notify Council in writing with digital photographs of any existing damages to Council’s assets fronting the property and the immediate adjoining properties. Failure to do so will result in the applicant being liable for any construction related damages to these assets. In this respect, the damage deposit lodged by the applicant may be used by Council to repair such damages.(Reasons: Protection of Council’s Infrastructure)

12. Permits and Approvals Required

Application is to be made to Council's Infrastructure Services Division for the following approvals and permits as appropriate:-

a) Permit to erect Builder's hoarding where buildings are to be erected or demolished within 3.50m of the street alignment. Applications are to include current fees and are to be received at least 21 days before commencement of the construction.

b) Permit to stand mobile cranes and/or other major plant on public roads. Applications are to include current fees and security deposits and are to be received at least seven days before the proposed use. It should be noted that the issue of such permits may also involve approval from the NSW Police Force and the RTA. A separate written application to work outside normal hours must be submitted for approval.

It should also be noted that, in some cases, the above Permits may be refused and temporary road closures required instead which may lead to longer delays due to statutory advertisement requirements.

c) Permit to open public roads, including footpaths, nature strip, vehicular crossing or for any purpose whatsoever. All applications are to include current fees.

d) Permit to place skip/waste bin on footpath and/or nature strip. (Maximum three (3) days).

e) Permit to work and/or place building materials on footpath and/or nature strip. (Maximum two (2) weeks).



f) Permit to establish Works Zone on Public Roads adjacent to the Development including use of footpath area. Applications must be received by Council at least twenty-one days prior to the zone being required. The application will then be referred to the Council's Local Traffic Committee for approval, which may include special conditions.

g) Permit to construct vehicular crossings over Council’s footpath, road or nature strip.

(Reason: Legal requirements)

13. Application for Vehicle crossing

Submit an application with fees to Council for the construction of a plain concrete vehicular crossing.(Reason: Protection of public asset)

DURING DEMOLITION, EXCAVATION AND CONSTRUCTION

The following conditions are to be complied with throughout the course of site works including demolition, excavation and construction.

14. Hours of Work

All construction/demolition work relating to this Development Consent within the City must be carried out only between the hours of 7 am to 5 pm Mondays to Fridays and 7 am to 12 noon on Saturdays. No work is permitted on Sundays or Public Holidays.

An application under Section 96 of the Environmental Planning and Assessment Act for a variation to these approved hours must be lodged with Council at least 3 working days in advance of the proposed work. The application must include a statement regarding the reasons for the variation sought and must be accompanied by the required fee.

Note: This S96 application may require re-notification in some circumstances.(Reason: Ensure compliance and amenity)

15. Construction Information Sign

A clearly visible all weather sign is required to be erected in a prominent position on the site detailing:

(a) that unauthorised entry to the work site is prohibited;(b) the excavator’s and / or the demolisher’s and / or the builder's name;(c) contact phone number/after hours emergency number;(d) licence number;(e) approved hours of site work; and(f) name, address and contact phone number of the Principal Certifying Authority

(if other than Council)

ANY SUCH SIGN IS TO BE REMOVED WHEN THE WORK HAS BEEN COMPLETED.



Council may allow exceptions where normal use of the building/s concerned will continue with ongoing occupation, or the works approved are contained wholly within the building.(Reason: Ensure compliance)

16. Building Site Fencing

Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric attached to the inside of the fence to provide dust control.

Fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

The public safety provisions and temporary fences must be in place and be maintained throughout construction.(Reason: Safety)

17. Provide Erosion and Sediment Control

Erosion and sediment control devices shall be provided whilst work is being carried out in order to prevent sediment and silt from site works (including demolition and/or excavation) being conveyed by stormwater into Council’s stormwater system natural watercourses, bushland, trees and neighbouring properties. In this regard, all stormwater discharge from the site shall meet the requirements of the Protection of Environment Operations Act 1997 and the Department of Environment, Climate Change and Water guidelines. The control devices are to be maintained in a serviceable condition AT ALL TIMES.(Reason: Environmental protection)

18. Demolition Work AS 2601

Demolition works being carried out in accordance with the requirements of AS 2601 "The demolition of structures".(Reason: Safety)

19. Asbestos Sign to be Erected

On sites involving demolition or alterations and additions to building where asbestos cement is being repaired, removed or disposed of a standard commercially manufactured sign not less than 400mm x 300mm containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” is to be erected in a prominent visible position on the site. The sign is to be erected prior to the commencement of works and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility.(Reason: Public Health & Safety/Ensure Compliance)



20. Neighbour Notification of Asbestos Removal

The applicant/builder is to notify the adjoining residents five working days prior to demolition works involving removal of asbestos. Such notification is to be clearly written, giving the date work will commence, Work Cover NSW phone number 131 050, Councils phone number 9777 1000.

This notification is to be placed in the letterbox of every property (including every residential flat or unit) either side and immediately at the rear of the site.(Reason: Public Health)

21. Asbestos Removal

Works involving the removal of asbestos must comply with Councils Policy on handling and disposal of asbestos, and must also comply with the Code of Practice for Safe Removal of Asbestos (National Occupational Health and Safety Committee 2002).

Demolition is to be carried out in accordance with the applicable provisions of Australian Standard AS 2601 – The Demolition of Structures.(Reason: Public Health & Safety/Ensure Compliance)

22. Asbestos Disposal

All asbestos laden waste, including bonded or friable asbestos must be disposed of at a waste disposal site approved by the NSW Department of Environment, Climate Change and Water.

Upon completion of the asbestos removal and disposal the applicant must furnish the Principal Certifying Authority with a copy of all receipts issued by the waste disposal site as evidence of proper disposal.(Reason: Environmental Protection/Public Health and Safety)

23. Sweep & Clean Pavement

Sweep and clean pavement surface adjacent to the ingress and egress points of earth, mud and other materials at all times and in particular at the end of each working day or as directed by Council.(Reason: Legal requirement)

24. Street Signs

The applicant is responsible for the protection of all regulatory / parking / street signs fronting the property. Any damaged or missing street signs as a consequence of the development and associated construction works are to be replaced at full cost to the applicant.(Reason: Protection of Public Assets)

25. Existing Landscaped Gardens

The existing gardens and landscaped areas are to be retained and protected from any construction damage. All areas adjacent to the approved building works are to be reinstated to have the same character and style. The existing, soft landscaped areas are not to be substituted for paving, unless shown in the approved plans.(Reason: Landscape protection)



PRIOR TO OCCUPATION OF THE DEVELOPMENT

The following conditions of consent must be complied with prior to the issue of an occupation certificate.

26. Automatic Fire Detection

Provision of an automatic fire detection and alarm system complying with Part 3.7.2 of the Housing Provisions or smoke alarms complying with AS 3786 or listed in the SSL Register of Accredited Products, connected to the mains electricity and having a stand by power supply. Smoke alarms must be installed in a class 1 building on or near the ceiling in:

a) any storey containing bedrooms

i) between each part of the dwelling containing bedrooms and the remainder of the dwelling.

ii) where the bedrooms are served by a hallway, in the hallway.

b) any other storey not containing bedrooms.

(Reason: Safety)

27. BASIX Certificate

A completion certificate is to be submitted to the Principal Certifying Authority demonstrating the manner in which the measures committed to in the latest BASIX Certificate have been satisfied.(Reason: Environmental Sustainability)

28. Removal of Impervious Areas

The impervious areas nominated on the approved plans for removal are to be removed and replaced with soft landscaping.(Reason: Landscape amenity/stormwater absorption)

29. Rainwater Re-use – Minor

The applicant shall supply and install rainwater re-use tanks with a minimum storage volume of 3 m3 in accordance with Sydney Water’s requirements and Council’s DCP and Technical Standards. The rainwater reuse tank system shall be connected to supply non-potable use including landscape irrigation and car washing. The rainwater tank shall be located behind the front alignment of the building to which the tank is connected.(Reason: Ensure compliance and conserve natural resources)

30. Vehicular Crossing

Construct a new vehicular crossing including the replacement of the existing layback and/or gutter and any associated road restoration as directed by Council’s Engineers. All works shall be carried out in accordance with Council’s specification AUS-SPEC C271 and Council’s Standard Drawing SD105 - Council Vehicular Footpath Crossing and Kerb and Gutter details and any approved longitudinal sections. A separate application for the crossing including current fees and charges is to be submitted for approval by Council.



The crossing is to be 3 metres wide with no splays and is to be constructed at right angles to the street kerb in plain concrete. The new crossing shall be located no closer than 1 metre from any power pole and 2 metres from any street tree unless otherwise approved by Council. The centreline of the new crossing shall be "in-line" with the centreline of the parking space(s).

For the design levels of the vehicular crossing at the property boundary, the following shall be complied with:

At back of layback – 100 mm above and parallel to the gutter invert. At property boundary – 300 mm above and parallel to the gutter invert.

The footpath section which forms part of the proposed crossing shall have a maximum crossfall of 4%. The nature strip is to be adjusted for a minimum distance of 6 metres on both sides of the crossing to suit the new levels.

The suitability of the grade of driveway inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

All adjustments to the nature strip, footpath and/or public utilities’ mains and services as a consequence of the development and any associated construction works shall be carried out at the full cost to the Applicant. All driveway grades and transitions must comply with AS/NZS 2890.1.

Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.(Reason: Public amenity)

31. Removal of Redundant Crossings

Remove all redundant crossings together with any necessary works and reinstate the footpath, nature strip and kerb and gutter accordingly. Such work shall be carried out in accordance with Council's specification.

Vehicular Crossing Formwork Inspection Sheet shall be obtained from Council (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.(Reason: Public amenity)



ADDITIONAL CONDITIONS

The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land, and relevant legislation.

32. Stormwater Kerb Outlet

New stormwater connection outlets at street kerb shall be made using 125x75x4 galvanised Rectangular Hollow Section (RHS). Where there are multiple outlets required, a minimum distance of 100mm shall separate these outlets. A grated drainage pit (min. 600mm x 600mm) shall be provided within and adjacent to the property boundary prior to discharging to the Council’s drainage system.(Reason: Protection of Public Asset)

33. Vehicular Access and Garaging

Driveways and vehicular access ramps shall be designed to provide adequate ground clearance to the underside of B85 vehicles. In all respects, the proposed vehicle access and/or parking spaces shall be designed and constructed to comply with the minimum requirements of AS/NZS 2890.1 and Council’s standard specification.(Reason: Vehicular access)

34. Underground Utility Services

Locate and establish the size and levels of all utility services in the footpath and road reserve. Contact “Dial Before You Dig” Service” prior to commencement of any works.

All adjustments to public utilities’ mains and services as a consequence of the development and associated construction works shall be at the full cost to the applicant.(Reason: Protection of utilities)

35. Public Infrastructure Restoration

Prior to the release of the Damage Deposit, any damaged public infrastructure caused as a result of the construction works on the subject site (including damage caused by, but not limited to , delivery vehicles, waste collection, contractors, sub-contractors, concrete delivery vehicles) must be fully repaired in accordance with Council’s specification and AUS-SPEC at no cost to Council.(Reason: Protection of Public Assets)



PRESCRIBED CONDITIONS

The following conditions are prescribed by S80A of the Environmental Planning & Assessment Act for developments involving building work.

36. Compliance with Building Code of Australia

All building works must be carried out in accordance with the performance requirements of the Building Code of Australia.(Reason: Compliance)

37. Support for Neighbouring Buildings

(1) If development involves an excavation that extends below the level of the base of the footings of a building on an adjoining property, the person having the benefit of the development consent must, at the person’s own expense:a) protect and support the adjoining premises from possible damage from

the excavation, andb) if necessary, underpin and support the adjoining premises to prevent

any such damage, andc) must, at least 7 days before excavating below the level of the base of

the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

(2) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

(3) In this clause, “allotment of land” includes a public road and any other public place.

(Reason: Safety)

STATUTORY REQUIREMENTS

The following advisory notes are statutory requirements of the Environmental Planning & Assessment Act and the Environmental Planning & Assessment Regulations and are provided to assist applicants

38. Construction Certificate Required

This consent IS NOT an approval to carry out any building works (with the exception of demolition work). A Construction Certificate is required PRIOR TO ANY BUILDING WORKS BEING COMMENCED.

Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000.(Reason: Ensure compliance and Statutory requirement)



39. Notify Council of Intention to Commence Works

In accordance with the provisions of Clause 81A(2) of the Environmental Planning and Assessment Act 1979 the person having the benefit of the development consent shall appoint a Principal Certifying Authority and give at least 2 days’ notice to Council, in writing, of the persons intention to commence the erection of the building.(Reason: Information and ensure compliance)

40. Occupation Certificate

The building/structure or part thereof shall not be occupied or used until an interim occupation / final occupation certificate has been issued in respect of the building or part.(Reason: Safety)

49 sugarloaf crescent, castlecrag nsw 2068

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