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al Ano Pm

DESCRIPTION:

CLIENT:

Childcare Centre

Falcam Pty Ltd

Anthony Daintith Town Planning Pty Ltd ABN 46 121454153 ACN121454153

Contact: 145 Keppel Street, Bathurst 4 Isaac Drive, Orange M: PO Box 1975, Orange NSW 2800 T: 0408249700 E: [email protected]

QUALITY ASSURANCE

This document has been prepared, checked and released in accordance with the Quality Control Standards established by Anthony Daintith Town Planning.

1 .0 11/1/2021 ~ ·.

Approved

Copyright© Anthony Daintith Town Planning, 2021

This document has been authorised by Anthony Daintith {Principal) Date: 11 January 2021

al so Pwm DISCLAIMER

This report has been prepared based on the information supplied by the client and investigation undertaken by Anthony Daintith Town Planning's professional judgement only and whilst every effort has been taken to provide accurate advice, Council and any other regulatory authorities may not concur with the recommendations expressed within this report. This document and the information are solely for the use of the authorised recipient and this document may not be used, copied or reproduced in whole or part for any purpose other than that for which it was supplied by Anthony Daintith Town Planning. Anthony Daintith Town Planning makes no representation, undertakes no duty and accepts no responsibility to any third party who may use or rely upon this document or the information.

CONFIDENTIALITY AGREEMENT

All information, concepts, ideas, strategies, commercial data and all other information whatsoever contained within this document as well as any and all ideas and concepts described during the presentation are provided in a commercial in confidence basis and remain the intellectual property and Copyright of Anthony Daintith Town Planning.

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BACKGROUND This Part provides a detailed description of the site, the background and various components to the proposed development

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a Ano Pav BACKGROUND

Fulcam Pty Ltd has engaged Anthony Daintith Town Planning to prepare a Statement of Environmental Effects (SOEE), to support a development application to Orange City Council, for a proposed increase of children numbers to 99 ( currently 90 -- therefore a net increase of 9) at the existing childcare centre at 19-21 Seymour Street, Orange.

The purpose of this document is to:

• Describe the existing environment; • Outline the proposed development; • Consider relevant statutory matters; and • Make conclusions and recommendations for Councils

consideration.

The development application consists of the following components:

• Completed DA form; • Statement of Environmental Effects; and • Site and Floor Plan

The applicant is Falcam Pty Ltd.

The registered owner of the subject land is Charter Hall. The owners have provided their written consent to the lodgement of the Development Application.

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tit@egg SITE ANALYSIS

a] Amo!Y ~ DAINTITH

The subject land is identified as 19-21 Seymour Street, Orange.

Refer to Figures 2 & 3 on pages 6 &7, which depict the site within the locality.

The land title description is as per Table 1:

Table 1: Land Title Description

Topography

Slight fall to the street.

Vegetation

Landscaped gardens.

Waterways

Nil.

Buildings

The site contains an existing childcare centre.

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Figure 1: Existing site and floor plan

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The surrounding land is characterised by mixed uses, including dwellings, PCYC and Tenpin Bowling.

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~ ~ . \ '' Figure;;:-2: Locality Map

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PROPOSED DEVELOPMENT

The development application seeks Council consent to increase the number of children from 90 to 99 (a net increase of 9 children). The proposal to increase the number of children complies with all the relevant legislation relating to childcare centres as demonstrated in this report.

It is noted that there is no proposal to change any other operational aspect of the childcare centre. There are no building works proposed.

Seymour Street Early Learning is open from Monday to Friday 6:00am-6.00pm, 52 weeks per year and only closed on Public Holidays.

They cater for children from 6 weeks to 6 years of age.

There are 5 rooms plus a dining room and dedicated outdoor areas for each age group.

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PLANNING DERATIONS

s an evaluation of the relevant matters er Section 4.15 of the EP &A Act 1979

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TOWN PLANNING CONSIDERATIONS

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Pursuant to Section 4.15 (formerly Section 79C) of the Environmental Planning and Assessment Act 1979, the following matters must be taken into consideration when assessing a development application:

4. 15 Evaluation (cf previous s 79C)

Matters for consideration-general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation

under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 7.4, or any

draft planning agreement that a developer has offered to enter into under section 7.4, and

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v) any coastal zone management plan /within the meaning of the Coastal Protection Act 1979),

that apply to the land to which the development application relates,

(b} the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

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-ANTHONY Pm

LOCAL ENVIRONMENTAL PLANS

ORANGE LOCAL ENVIRONMENTAL PLAN 2011

The subject land is Zoned R 1 General Residential under the provisions of the Orange Local Environmental Plan 2011 (LEP).

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Applicable LEP Clauses

Zone R 1 General Residential 1 Objectives of zone • To provide for the housing needs of the community. • To provide for a variety of housing types and densities. • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

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a] av-o Pm • To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement. • To ensure that development along the Southern Link Road has an alternative access. 2 Permitted without consent Environmental protection works; Home-based child care; Home occupations 3 Permitted with consent Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Home businesses; Home industries; Hostels; Information and education facilities; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems 4 Prohibited Farm stay accommodation; Rural workers' dwellings; Any other development not specified in item 2 or 3

Comment

Child care centre developments are permissible subject to the consent of Council by way of the lodgement of a development application.

centre-based child care facility means- ( a) a building or place used for the education and care of children that provides any one or more of the following- (i) long day care, (ii) occasional child care, (iii) out-of-school-hours care (including vacation care), (iv) preschool care, or (b) an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)), Note- An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided. but does not include- (c) a building or place used for home-based child care or school-based child care, or (d) an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or (e) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or (f) a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children's parents are using the facility, or (g) a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or (h) a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

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a] AvroY Pm The proposed childcare centre provides a complementary community facility to service the surrounding residential area.

As detailed throughout this report, the proposed slight increase in children numbers can generally be shown to be consistent with the relevant objectives of the zone, on the basis that the childcare facility offers services that meet the day to day needs of the residents.

There are no other clauses particularly relevant to this proposal to increase children numbers as there are no building works proposed.

STATE ENVIRONMENTAL PLANNING POLICIES

STATE ENVIRONMENTAL PLANNING POLICY 55-REMEDIATION OF LAND

7 Contamination and remediation to be considered in determining development application

( 1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

(2) Before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a report specifying the findings of a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines.

(3) The applicant for development consent must carry out the investigation required by subclause (2) and must provide a report on it to the consent authority. The consent authority may require the applicant to carry out, and provide a report on, a detailed investigation (as referred to in the contaminated land planning guidelines) if it considers that the findings of the preliminary investigation warrant such an investigation.

( 4) The land concerned is:

(a) land that is within an investigation area,

(b) land on which development for a purpose referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out,

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] Av-ox Pm (c) to the extent to which it is proposed to carry out development on it for

residential, educational, recreational or child care purposes, or for the purposes of a hospital-land:

(i) in relation to which there is no knowledge (or incomplete knowledge) as to whether development for a purpose referred to in Table 1 to the contaminated land planning guidelines has been carried out, and

(ii) on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).

Comment

Pursuant to Clause 7 of the SEPP, the potential for contamination appears minimal. This is based upon an inspection of the site.

In terms of potential soil contamination, the subject land has been evaluated for:

• Evidence of previous mining activity; • Evidence of existing and previous dip sites and other associated

infrastructure; • Evidence of orcharding; and • Vegetative and other features which could indicate possible soil

contamination.

Accordingly, it is recommended that a detailed investigation is not necessary or warranted in this instance.

SEPP (EDUCATIONAL ESTABLISHMENTS AND CHILDCARE FACILITIES) 2017

Part 3 Early education and care facilities-specific development controls

22 Centre-based child care facility-concurrence of Regulatory Authority required for certain development

It is noted that the floor area and outdoor space requirements of the childcare centre comply with Regulation 107 and 108 of the Education and Care Services National Regulations.

Refer to plans prepared by Source Architects that provide specific calculations that demonstrate that the increase of numbers to 99 children complies with space requirements both internally and externally.

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Room Size m2 Area required Per Child Calculation of Children m? numbers permitted

Room 1- Toddlers 77.8 sq m 3.25 2393 Internal Play Area Room 1 -- Toddlers 230 sq,m 70 32 85 Extemal Pav Area Room 2- Toddlers 56 6 sqm 3.25 17 41 Internal Play Area Room 2 -- Toddlers 222 sq.m 70 31.71 External Play Area Room 3- Toddlers 61.2 sq m 3.25 18 83 Internal Play Area Room 3- Toddlers 237 sq.m 70 33.85 External Play Area Room 4- Babies 31.5 sq m 3.25 9.69 Internal Play Area Room 5- Babies 35.3 sq m 3.25 10.86 Internal Play Area Room 6 - Babies 62.8 sq m 3.25 19.32 Internal Play Area Babies 112 sq.m 70 16 External Play Area

Area Total Size m2 Area required Per Child Calculation of Total m? Children numbers

permitted Unencumbered Internal 313.3 sq.m 3.25 100.4 Play Area Unencumbered 801 sq m 7.0 1144 External Play Area

23 Centre-based child care facility-matters for consideration by consent authorities

The assessment of development applications for centre-based childcare are subject to the controls set out in the SEPP and must be assessed against the Childcare Planning Guideline. The guideline supplements the SEPP and includes planning and design principles and consideration. and regulatory requirements for centre-based childcare. These provisions ensure that development proposals are assessed against a consistent framework throughout NSW, and that new buildings are fit for service approval under the Education and Care Services National Law prior to being approved and built.

It is noted that the childcare centre is existing and the controls do not particularly apply with respect to the proposed increase in children numbers.

24 Centre-based child care facility in Zone INl or IN2--additional matters for consideration by consent authorities.

Not applicable to this proposal.

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25 Centre-based standards

child

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care facility-non-discretionary development

(a) location-the development may be located at any distance from an existing or proposed early education and care facility, (b) indoor or outdoor space

(i) for development to which regulation 107 /indoor unencumbered space requirements) or 108 (outdoor unencumbered space requirements) of the Education and Care Services National Regulations applies-the unencumbered area of indoor space and the unencumbered area of outdoor space for the development complies with the requirements of those regulations, or (ii) for development to which clause 28 (unencumbered indoor space and useable outdoor play space) of the Children (Education and Care Services) Supplementary Provisions Regulation 2012 applies-the development complies with the indoor space requirements or the useable outdoor play space requirements in that clause,

(c) site area and site dimensions-the development may be located on a site of any size and have any length of street frontage or any allotment depth, (d) colour of building materials or shade structures-the development may be of any colour or colour scheme unless it is a State or local heritage item or in a heritage conservation area.

• The childcare centre is already existing with respect to location, site area & dimensions and colour scheme provisions.

• The childcare centre complies for Regulations 107 and 108 for 99 children along with Clause 28 of the Children (Education and Care Services) Supplementary Provisions Regulation 2012 as demonstrated on the plans prepared by Source Architects.

26 Centre-based child care facility-development control plans

There are no known conflicting clauses with the Orange DCP in this instance for the proposed increase in children number.

There are no known draft environmental planning instruments relevant to this proposed development.

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@] AvToY wmm

Orange Development Control Plan 2004

The following is an analysis of the Clauses of the DCP with the most relevance to the proposal.

Chapter 7 - Development in Residential Areas

It is noted that there are no proposed changes to the building or the site as a result of the proposed small increase in children numbers from 90 to 99.

Chapter 15- Car Parking

The DCP recommends the following:

I Child care centre I 1 space for every 4 children in attendance

Based on 99 children, 25 car parking spaces are required to be provided (it is noted that there is a net increase of 9 children from the current approval). There is no ability to provide any more car spaces on the subject land.

It is noted that there is currently 8 car spaces on the site. Adequate drop-off point arrangements have been in place since the centre opened approximately 30 years ago to ensure that queuing does not become a problem along Seymour Street. There is parking available on the eastern side of Seymour Street for the childcare centre.

The centre also provides a free bus drop off and pick up service (20 seat) to for children in the surrounding area which lessens the reliance on carparking.

There are no known planning agreements affecting the property.

Government Coastal Policy

Not applicable to Orange LGA.

Building Demolition

Not applicable.

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a avnoY Pwn Fire Safety

Not applicable to this development.

Upgrading of Buildings

Not applicable to this development.

Temporary Structures

Not applicable to this proposal.

Deferred Commencement Consent

Not applicable to this proposal.

Modification or Surrender of Development Consent or Existing Use

Not applicable.

Ancillary Development

Not applicable to this proposal.

BASIX

Not applicable.

CONTEXT AND SETTING

The subject land is located on Seymour Street, which is characterised by a mix of development including residential development, childcare centre, tenpin bowling and the PCYC.

It is considered that the development will not impact on the existing land uses in the area as there will be no change to the childcare centre operations as a result of the small increase in children.

Further, it is considered that the proposal is consistent with Councils current planning provisions and is compatible with previous and current land uses.

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· ACCESS AND TRANSPORT

a] AvroY Pam

There is existing accesses off Seymour Street (separate entry and exit). In addition, there are 8 car parking spaces provided (and significant on street parking on the eastern side of Seymour Street that is largely unused during the week).

It is considered that the additional traffic generated by the 9 additional children will be of a minor nature and in that it is within acceptable limits for the surrounding area.

As stated previously, there is a 20 seat bus that provides a pick up and drop off service for children in the locality.

There is adequate site distance in all directions for vehicles entering and leaving the site.

PUBLIC DOMAIN

It is considered that the development will have a negligible impact on the public domain in terms of:

• Public recreational opportunities in the locality; • Amount, location, design, use and management of public spaces in and

around the development; and • Pedestrian linkages and access between the development and public

areas.

UTILITIES & SERVICES

Electricity

No change as a result of the increase in children.

Telephone

No change as a result of the increase in children.

Water

No change as a result of the increase in children.

Sewerage

No change as a result of the increase in children.

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Stormwater e--

ANTHONY DAINTITH

No change as a result of the increase in children.

HERITAGE

There are no listed heritage items on the subject land.

FLORA AND FAUNA

No change to the landscaping of the site is proposed.

NOISE AND VIBRATION

It is considered that the net increase of children by 9 on the site will have minimal impact with respect to noise impact in the locality. No other operational changes are proposed (including hours of operation and outdoor playing arrangements).

NATURAL HAZARDS

There are no known natural hazards on the site.

POTENTIAL CONTAMINATION

Refer to SEPP 55 comments.

SAFETY, SECURITY & CRIME PREVENTION

Security fencing is already provided around the permitter of the site, whilst at the same time allowing for natural surveillance and visibility from public areas. Appropriate lighting is already provided to assist in surveillance.

The existing centre generally meets CPTED principles. No additional measures are proposed to be implemented as a result of this proposal.

SOCIAL & ECONOMIC IMPACTS IN THE LOCALITY

There is no negative social or economic impacts expected within the locality as a result of the proposed small net increase in children numbers at the existing childcare centre.

It is felt that the facility will interact well with the surrounding community, a community that is expected to have young families that would actually utilise the Centre.

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aitgt#jgtie eeares: '' Economically, the facility may provide an additional staffing and provide child

care for up to 99 children.

SITE DESIGN AND INTERNAL DESIGN

Refer to the plans prepared by Source Architects that demonstrate the both the indoor and outdoor area requirements are met as required by the relevant guidelines and legislation.

CONSTRUCTION

No construction work is proposed.

CUMULATIVE IMPACTS

There are no cumulative impacts anticipated as a result of the increase in children from 90 to 99 (net increase of 9).

Does the proposal fit in the locality?

• There are no constraints posed by surrounding development to render the proposal prohibitive;

• It is considered that the proposal will not create any unmanageable access or transport concerns in the locality;

• No impact on public spaces will eventuate as a result of the proposal proceeding;

• All available services are already connected; • There are no issues identified in relation to air quality and microclimate;

and • There are no identified surrounding hazardous land uses or activities.

Are the site attributes conducive to development?

It is considered that the site is conducive to the development based on the following:

• The site is affected by any natural hazards; • There are no heritage considerations; • There is no known soil characteristics that would render the proposal

prohibitive; and • There are no known flora and fauna considerations that will have an

impact on the proposal.

The application may be referred to adjoining neighbours for comment.

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It is considered that the proposed development, with appropriate conditions of consent, will not have any unacceptable negative impacts on the amenity of the general public. The proposed development is considered to be only of minor interest to the wider public due to the relatively localised nature of potential impacts.

The proposed development is consistent with the objectives of the Environmental Planning and Assessment Act, 1979 in the promotion and co­ ordination of the orderly and economic use and development of land and the provision and maintenance of housing. The proposed development aims to provide increased childcare opportunities for people in Orange. It is considered that Council should be satisfied that the development, subject to conditions is consistent with the public interest.

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NCLUSION provides a conclusion and recommendations for

ils consideration

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a] avow Pm

CONCLUSION

This report includes an analysis of the existing environment, details of the proposed development and consideration of applicable statutory requirements.

Based upon the investigations of the proposal it can be concluded that:

• The impacts upon or by surrounding development will not be altered significantly as a result of the development proceeding;

• The topography of the site can accommodate the proposal;

• There will be minor additional traffic generated via the creation of the proposed development, but this can be accommodated by the road system without upgrading;

• Utilities and services are already connected; and

• The proposal is generally consistent with the objectives and provisions of Councils relevant planning documents.

The proposal is considered to be acceptable in terms of Section 4.15 of the Environmental Planning and Assessment Act 1979 (as amended) and potential impacts are expected to be minor.

Accordingly, it is recommended that the Development Application be approved subject to appropriate standard conditions.

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Source Architects

30 October 2020

Troy Allen Succeed Consultancy Kiama NSW 2533 E: [email protected] P 0403 337 167

SUBJECT: Calculation of Unencumbered Areas

Dear Troy,

Please find below our Calculation of Unencumbered Areas for the Seymour Street Childcare Centre, as inspected during our site visits on 25 June 2020 and 10 August 2020 + revised fencing details issued

21 October 2020.

Room Size m2 Area required Per Child Calculation of Children m? numbers permitted

Room 1 -- Toddlers 77.8 sq.m 3.25 23.93 Internal Play Area Room 1 -- Toddlers 230 sq,m 7.0 32.85 External Play Area Room 2 - Toddlers 56.6 sq.m 3.25 17.41 Internal Play Area Room 2-- Toddlers 222 sq.m 7.0 31.71 External Play Area Room 3-- Toddlers 61.2sq.m 3.25 18.83 Internal Play Area Room 3-- Toddlers 237 sq.m 7.0 33.85 External Play Area Room 4- Babies 31.5 sq.m 3.25 9.69 Internal Play Area Room 5- Babies 35.3 sq.m 3.25 10.86 Internal Play Area Room 6- Babies 62.8 sq.m 3.25 19.32 Internal Play Area Babies 112 sq.m 7.0 16 External Play Area

Area Total Size m2 Area required Per Child Calculation of Total m? Children numbers

permitted Unencumbered Internal 313.3 sq.m 3.25 100.4 Play Area Unencumbered 801 sq.m 7.0 114.4 External Play Area

Please do not hesitate to contact Source Architects for additional information if required.

Kind Regards,

SOURCE ARCHITECTS PTY LTD

Sally'Sutherland DIRECTOR

SOURCEARCHITECTS.COM.AU I [email protected] -- P 6362 7526] PO BOX 144 ORANGE NSW 2800 SOURCE ARCHITECTS PTY LTD I ABN 75162 290 066 --- NSW NOMINATED ARCHITECT I DAVID SUTHERLAND NO 7572