application assessment panel minutes · 31-05-2005 · woollahra municipal council application...

Woollahra Municipal Council Application Assessment Panel Minutes

Application Assessment Panel of 31 May 2005

Application Assessment PanelMinutes

Tuesday 31 May 2005

TABLE OF CONTENTS

D1 Confirmation of Minutes of meeting held on 24 May 2005 .......................................................4

D2 DA806/2004 – 97 Ocean Street, Woollahra – Refurbish existing terrace, new guest room overgarage, new landscaping – 7/12/2004 & 5/4/2005......................................................................4

D3 DA795/2004 – 68 Epping Road, Double Bay – Alterations & additions to the existingdwelling – 6/12/2004 ................................................................................................................15

D4 DA64/2005 – 118 Wallis Street, Woollahra – Alterations & additions including constructionof landscaped courtyard & external doorway to unit 33 – The construction will involve theremoval of fill adjacent to the building & relocation of brick retaining wall – 14/2/2005 &4/3/2005 ....................................................................................................................................25

D5 DA15/2005 – 6A Fairweather Street, Bellevue Hill – Substantial alterations & additions –14/1/2005 & 12/5/2005 .............................................................................................................30

D6 DA871/1999 Part 3 – 47 New Beach Road, Darling Point – Section 82A Review refusal toamend Condition No. 2 – 5/1/2005...........................................................................................41

D7 DA110/2005 – 203-233 New South Head Road, Edgecliff – Change of use of Shop 1 tocoffee shop, alterations to shopfront, internal fitout & signage – 7/3/2005 .............................42

D8 DA834/2004 – 16 Dudley Street, Paddington – Alterations & additions to existing dwelling –21/12/2004 & 15/4/2005 ...........................................................................................................51

D9 DA1094/2003 Part 2 – 78 Hargrave Street, Paddington – Section 96 Proposed modification –Change approved screen to horizontal metal wires with shadecloth to support vines –21/1/2005 ..................................................................................................................................60

D10 DA151/2004 – 1 Dunbar Street, Watsons Bay – Section 82A Review the entire proposal –15/12/2004 ................................................................................................................................61



Application Assessment PanelMinutes

Minutes of the Meeting held onTuesday 31 May 2005 at 3.00pm

Present: Application Assessment Panel:

T Tuxford (Manager – Compliance) (Chair)C Bluett (Manager – Strategic Planning)A Coker (Director – Planning & Development)

Staff: A Biller (Consultant Planner for Council)D Booth (Senior Assessment Officer)M Dixon (Senior Assessment Officer)R Keys (Team Leader)M Kelly (Secretary – Administration)C McMahon (Team Leader)T Wong (Assessment Officer)

Apologies: Apologies were received and accepted fromNil



Late CorrespondenceLate correspondence was submitted to the Panel in relation to Items: Nil

Declarations of InterestNil



Items Decided by the Panel using its delegated authority (Items D1 to D10)

Item No: D1 Delegated to the Panel

Subject: Confirmation of Minutes of meeting held on 24 May 2005

Author: Marie Kelly, Secretary – AdministrationFile No: See Application Assessment Panel MinutesReason for Report: The Minutes of the Meeting of Tuesday 24 May 2005 were previously

circulated. In accordance with the guidelines for Committees’ operationsit is now necessary that those Minutes be formally taken as read andconfirmed.

(Bluett/Tuxford)

Resolved:

That the Minutes of the Application Assessment Panel Meeting of 24 May 2005 be taken as readand confirmed.

D2 DA806/2004 – 97 Ocean Street, Woollahra – Refurbish existing terrace, new guest roomover garage, new landscaping – 7/12/2004 & 5/4/2005

Note: Mr T Byrnes representing the owners of units 3 & 4 Rosemount Gardens, 93-95 OceanStreet, Woollahra, objectors, Mr Ian Davies (Executor of the Estate) representing 2/93-95 Ocean Street, Woollahra, objector and Mrs B Bence 17/93-95 Ocean Street,Woollahra, objector and Ms H DeLuis, representing the applicant, addressed the Panel.

Note: The Panel amended condition No. 3.

(Coker/Bluett)

Resolved: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 806/2004 to refurbish the existing dwelling on land at 97 Ocean Street Woollahra,subject to the following conditions:

1. Approved Plans

This consent relates to the work, shown in colour, on AMENDED plans numbered 04013A-0401-7A dated 23 March 2005 drawn by Karl Romandi Helen De Luis Architects Pty Ltd,Colour schedule 0401-8 dated November 2004, Landscape Plan dated November 2004 drawnby Mayne Wilson and Associates Conservation Landscape Architects, all of which carry aCouncil stamp “Approved DA Plans” and the signature of a Council officer, except whereamended by the following conditions.

2. Deletion of Loft above existing garage

The proposed loft above the garage and the associated works at ground level being thestaircase and air conditioning unit are to be deleted. Approved works to the garage are limitedto the new roller door and new pedestrian door off Sisters Lane, rendering of the existinggarage, internal storage cupboard and fenestration changes to the western elevation. Detailsto be provided in the construction certificate drawings.



Reason: overshadowing, loss of outlook

3. Heritage

That the front gate shall be relocated to the southern end of the front property boundary.Details to be provided in the construction certificate drawings.

Reason: to retain the heritage character of the precinct

4. Heritage

That the front palisade fence shall match original nearby fences. Details to be provided in theconstruction certificate drawings.

Reason: to retain the heritage character of the precinct

Site Drainage Disposal Conditions

5. Connection to existing drainage system

Stormwater run-off from the proposed alterations and additions must drain to the existingstormwater drainage system.

The existing stormwater drainage pipes on the property must be checked and certified by apractising hydraulic engineer to ensure that all existing stormwater pipes are in goodcondition and are operating satisfactorily. Certification and a plan showing pipe locations anddiameters must be submitted to Council or the accredited certifier prior to the final buildinginspection.

Note: connection of stormwater run-off to the Sydney Water sewer system is not permitted.

If the existing stormwater pipes are not in good condition and/or not operating satisfactorily,the existing drainage system must be upgraded. Certification and a plan showing pipelocations and diameters of the upgraded system must be submitted to Council or theaccredited certifier prior to the final building inspection.

Soil & Water Management Conditions

6. Compliance with erosion and sediment control plan

The erosion and sediment control plan produced by Ken Litting dated 22nd August 2004 mustbe implemented during site works and construction activities. All controls in the Plan must bemaintained at all times. A copy of the Plan must be kept on-site at all times and madeavailable to the accredited certifier and Council officers on request.

7. Stockpiles

Stockpiles of topsoil, sand, aggregate, soil or other material must not be located on anydrainage line or easement, natural watercourse, footpath or roadway, or within the dripline ofany Street Tree. Stockpiles within the construction site must be protected with adequatesediment controls, in accordance with Council’s Code for Sediment Control.



8. Location of building operations

Building operations such as brick cutting, washing tools or brushes and mixing mortar mustnot take place on public roadways or footways or in any other location which could lead to thedischarge of materials into the stormwater drainage system.

Footpaths, gutters and roadways must be swept regularly to keep them free from sediment.

9. Temporary disposal of roof water

Stormwater from any roof areas must be linked, via a temporary downpipe, to a Councilapproved stormwater disposal system immediately upon completion of the roof installation.

Works Affecting Council Property Conditions

10. Footpath levels

The existing footpath level and grade at the street alignment of the property must bemaintained.

11. Protection of services

Prior to any excavation works, the location and depth of all services (telephone, cable TV,electricity, gas, water, sewer, drainage, etc.) must be ascertained. The developer must meet allcosts of any adjustment, relocation or reinstatement of any services.

12. Storage of materials and plant on Council’s footpath

Building, excavation or demolition materials and plant must not be stored on Council’sfootpath and/or roadway unless prior written approval has been obtained from Council’sDevelopment Engineer.

13. Public footpaths

A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of triphazards must be maintained at all times on or adjacent to the public footpaths fronting theconstruction site. Where the footpath is damaged, repair works must be carried when directedby Council officers and in accordance with the relevant clauses of the current edition of AUS-SPEC.

Where circulation is diverted on to the roadway clear directional signage and protectivebarricades must be installed in accordance with Aust AS1742-3 1996 “Traffic ControlDevices for Work on Roads”.

If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly torectify the defects, Council may carry out remedial works and deduct the cost from theDamage Security Deposit.



14. Repair of Damaged Infrastructure

If Council’s infrastructure is damaged during the course of works, Council’s DevelopmentEngineer must be notified and necessary repairs must be undertaken within the time stipulatedby Council, to Council’s specifications, and at no cost to Council. Works generally must be inaccordance with the relevant clauses of the current edition of AUS-SPEC.

If work is not undertaken to the satisfaction of the Development Engineer with regard to timeor quality, Council may carry out remedial works and deduct the cost from the DamageSecurity Deposit.

15. Damage security deposit

A security deposit of $12,000 (Twelve thousand Dollars) for the cost of making good anydamage to Council property caused as a consequence of the construction work, plus anadministration fee of $154.00, must be paid to Council prior to the issue of the ConstructionCertificate. The security deposit, which may be in the form of a bank guarantee, has beencalculated in accordance with the following schedule.

Estimated cost of work Deposit

Works up to $50,000 $2,000Works in excess of $50,000 & up to $100,000 4,000Works in excess of $100,000 $4,000+$200/$10,000

Estimated cost>$100,000

Council may use all or part of the Damage Security Deposit to complete damage restorationworks if they do not meet Council’s requirements.

Traffic, Vehicle Access and Accommodation Conditions

16. Vehicular access and garaging

Alterations to the stacked garage must be designed and constructed to comply with AustralianStandard 2890.1 – “Off-Street car parking” Details to be provided in the constructioncertificate drawings.

17. Existing trees which must be retained

Approval is NOT granted for the removal of the following trees, which Council hasdetermined to be significant landscape elements. Where indicated a Tree Preservation Bond isrequired to be lodged with Council. The Bond has been applied in accordance with Council’spolicy regarding the bonding of trees on or adjacent development sites, where an assessmenthas determined that the proposed development may impact on the preservation of thefollowing trees.

CouncilReference No:

Species Location Dimension(Metres)

4 Grevillea robusta Silky Oak Rear yard of No99 Ocean St 14 x 8Water Gum Rear south-eastern corner of site,

adjacent to Sisters Lane



The Construction Certificate plans must include reference to the retention of the abovementioned trees and identify the trees by Councils reference number (Ref No:) andcolour or shade them in the colour green for trees to be retained and yellow for trees tobe transplanted.

A bond is placed on individual trees when considered appropriate by Council’s LandscapeDevelopment Officer. The value of the bond may represent the full value of the tree or theOfficer’s Assessment of potential damage to the tree or a group of trees during development.The bond may be in the form of a bank guarantee and must be lodged prior to the issue of aConstruction Certificate. The bond will not be released until Council has inspected and issatisfied with the condition of the trees. Council may use part or the entire bond to carry outworks to trees or replace them, if they are not in a satisfactory condition.

Where trees have not been preserved and retained in accordance with the approval thedeveloper may forfeit the total bond amount.

18. Trees which may be removed

This consent includes approval under Council’s Tree Preservation Order to remove thefollowing trees:



1 Eucalyptus citriodora Lemon-scented Gum Tree Front 9 x 52 Tibouchina sp. Lasiandra Front 5 x 43 Lagerstroemia indica Crepe Myrtle Rear 7 x 7

The Construction Certificate plans must include reference to the removal of the abovementioned trees and identify the trees by Council’s reference number (Council Ref No:)and colour or shade them in the colour red.

19. No excavation within tree root zones

To allow for the preservation of a viable root zone, excavation work must not be undertakenwithin the specified radius of the trunks of the following tree. Beyond this radius, excavationis permissible only after root pruning by hand along the perimeter line of such works has beencarried out.


Species Location Radius fromTrunk(Metres)

4 Grevillea robusta Silky Oak Rear yard of No99 Ocean St 3mWater Gum Rear south-eastern corner of site,

adjacent to Sisters Lane

20. Paving in the vicinity of trees

Paving works within the dripline of the canopy of following tree must be constructed in sucha way as to ensure that the existing moisture infiltration and gaseous exchange to the tree rootsystem are maintained:-





4 Grevillea robusta Silky Oak Rear yard of No 99 Ocean St 14 x 8

21. Level changes in the vicinity of trees

No level changes are to occur within the dripline of the canopy of the following tree in orderto allow for the preservation of their root zones.



4 Grevillea robusta Silky Oak Rear yard of No 99 Ocean St 14 x 8

22. Protective fencing mulching and irrigation around trees

To limit the potential for damage to trees to be retained, the area beneath their canopies mustbe fenced. The fencing must encompass the maximum possible area covered by the dripline ofthe canopy to allow for development and remain in place until the completion of buildingworks. The fencing should be a minimum of a 1.8 metres high chainlink or welded meshfencing. The fencing is to be maintained for the duration of the building works.

To ensure adequate moisture levels for the growing medium, protected within the fencedareas, all areas within the perimeter of the safety fencing are to be covered with woodchipmulch to a depth of 100mm. All steep gradients unable to be effectively covered with mulchare to be protected with hessian cloth to be kept at a moisture level sufficient to ensure thepreservation of tree root systems.

To ensure the continued preservation of the aforementioned existing trees by providingadequate soil moisture, a irrigation program or temporary irrigation system is to be installedand an irrigation program maintained during the full course of construction works.

23. Requirement for a Construction Certificate

In accordance with the provisions of Section 81A of the Environmental Planning andAssessment Act 1979, the erection of the building must not be commenced until:

(a) detailed plans and specifications of the building have been endorsed with a ConstructionCertificate by:

(i) Council; or(ii) an accredited certifier; and

(b) a principal certifying authority (PCA) has been appointed and the Council has beennotified in writing of the appointment, and

(c) at least two days notice, in writing, has been given to Council of the intention tocommence work.



24. Demolition, excavation and construction hours

Demolition, excavation and construction work must not take place outside the hours of7.00am to 5.30pm Monday to Friday and 7.00am to 1.00pm Saturday. No work and nodeliveries are to take place on Sundays and public holidays. Noise from constructionactivities associated with the development must comply with the guidelines contained in theNSW EPA Environmental Noise Control Manual Chapter 171.

25. Building Inspections

The Applicant, Owner and Builder, jointly and severally, must ensure that they call theirPrincipal Certifying Authority ("the PCA") to carry out such critical phase buildinginspections required by the PCA, the PCA Service Agreement and that the PCA is satisfiedwith the level of compliance achieved before the Builder proceeds to the next phase ofconstruction. Ample notice of required inspections must be given to the PCA in accordancewith the PCA Service Agreement. The Applicant, Owner and Builder must comply with thePCA Service Agreement (Service Contract) and any lawful direction given by the PrincipalCertifying Authority.

Note: It is the responsibility of the PCA to ensure that critical phase building inspections areundertaken in accordance with a PCA Service Agreement and issue to the Applicant, Ownerand Builder appropriate Notice under Section 109L of the Environmental Planning &Assessment Act 1979 ("the Act") where any breach of this consent occurs. Failure of thePCA to issue such notice may result in Council taking action under Section 109V of the Act.Failure of the Applicant, Owner and Builder to comply with a PCA Service Agreement andcomply with lawful directions of the PCA under this condition may result in Council issuingfines, notices, orders and commencing legal proceedings. Council will only enter into PCAAgreements with the Owner of the land being developed. Council, if appointed as the PCA,will report to the owner of the land being developed.

26. Wet areas

All floors of wet areas are to be constructed and finished so as to be impervious to water andgraded to a sufficient number of floor drains.

27. Long Service Levy Payment

A Long Service Levy under Section 34 of the Building & Construction Industry Long ServicePayment Act , 1986, must be paid and proof of payment provided prior to the issue of aConstruction Certificate.

28. Compliance with Building Code of Australia

(a) All building work must be carried out in accordance with the provisions of the BuildingCode of Australia.

(b) This condition does not apply to the extent to which an exemption is in force underClause 187 or 188, of the Environmental Planning and Assessment Regulation 2000,subject to the terms of any condition or requirement referred to in Clause 187 (6) or 188(4) of the Regulation.



29. Residential building work

(a) Building work that involves residential building work (within the meaning of the HomeBuilding Act 1989) must not be carried out unless the principal certifying authority(PCA) for the development to which the work relates:

• in the case of work to be done by a licensee under that Act:

(i) has been informed in writing of the licensee's name and contractor licensenumber; and

(ii) is satisfied that the licensee has complied with the requirements of Part 6 of thatAct; or

• in the case of work to be done by any other person:

(iii) has been informed in writing of the person's name and owner-builder permitnumber; or

(iv) has been given a declaration, signed by the owner of the land, that states that thereasonable market cost of the labour and materials involved in the work is lessthan the amount prescribed for the purposes of the definition of owner-builderwork in Section 29 of that Act,

and is given appropriate information and declarations under paragraphs (a) and (b)whenever arrangements for the doing of the work are changed in such a manner as torender out of date any information or declaration previously given under either of thoseparagraphs.

Note: The amount referred to in paragraph (a) (iv) above is prescribed by regulationsunder the Home Building Act 1989. As at the date on which this Regulation wasGazetted, that amount was $5,000. As those regulations are amended from time to time,so that amount may vary.

(b) A certificate purporting to be issued by an approved insurer under Part 6 of the HomeBuilding Act 1989 that states that a person is the holder of an insurance policy issued forthe purposes of that Part is, for the purposes of this clause, sufficient evidence that theperson has complied with the requirements of that Part.

Note: Prior to the erection of any hoarding, fence or the like on any footpath or other propertyowned or controlled by Council, permission must be sought and obtained from Council andthe prescribed rental fee paid.

30. Residential building work over $12,000 in value

Council must be provided with the following information prior to the commencement of anyworks;

(a) the proposed builder's details (in writing); and(b) proof of payment of the required insurance premium pursuant to Part 6 of the Home

Building Act 1989.



31. Structural adequacy

A statement from a qualified practising Structural Engineer, certifying to the adequacy of theexisting structural members, walls and footings to support the additional loads imposed by theproposed development, must be submitted with the Construction Certificate application.

This condition is imposed to ensure the structural integrity of the proposed building work.

32. Structural details

Structural engineering details and design calculations, prepared and certified by a qualifiedpractising Structural Engineer, must be submitted with Construction Certificate application,for all reinforced concrete work, structural steel work, retaining walls, brick fences, shoringand underpinning, isolated piers, chimneys, parapets and other structural members.


33. Levels

For the purpose of indicating relative levels in terms of Australian Height Datum andboundary clearances, and to ensure that building construction complies with the developmentconsent, survey certificates must be provided to the PCA in respect of the building/s layoutand ground floor level/s prior to pouring of concrete or laying of timber floor boards.




35. Standard for demolition

All demolition work must be undertaken in accordance with the provisions of AustralianStandard AS2601-2001: The Demolition of Structures.

36. Site fencing

The site must be appropriately secured and fenced to the satisfaction of Council duringdemolition, excavation and construction work to ensure there are no unacceptable impacts onthe amenity of adjoining properties. Permits for hoardings and or scaffolding on Council landmust be obtained and clearly displayed on site.

37. Noise from mechanical ventilation

This condition has been applied to maintain a reasonable level of amenity to the area.

Prior to the issue of any construction certificate, the developer must submit to the Council oraccredited certifier a report from a qualified practicing acoustic engineer (who is a member ofeither the Australian Acoustical Society or the Association of Australian AcousticalConsultants).



The report must certify that the method of treating the mechanical ventilation system willensure that the noise level, as measured at the boundaries of the subject property, will notexceed the ambient noise level.

After completion of the works and prior to the issue of an occupation certificate oroccupation, the developer must submit to the principal certifying authority, a report from aqualified practicing acoustic engineer (who is a member of either the Australian AcousticalSociety or the Association of Australian Acoustical Consultants) certifying that the workshave been undertaken to meet the above design criteria.

38. Toilet facilities

(a) Toilet facilities must be provided, at or in the vicinity of the work site on which workinvolved in the erection or demolition of a building is being carried out, at the rate ofone toilet for every 20 persons or part of 20 persons employed at the site.

(b) Each toilet provided:

(a) must be a standard flushing toilet; and

(b) must be connected:

(i) to a public sewer; or(ii) if connection to a public sewer is not practicable, to an accredited sewage

management facility approved by the Council; or(iii) if connection to a public sewer or an accredited sewage management facility

is not practicable, to some other sewage management facility approved bythe Council.

(c) The provision of toilet facilities in accordance with this clause must be completedbefore any other work is commenced.

(d) In this condition:

accredited sewage management facility means a sewage management facility to whichDivision 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being asewage management facility that is installed or constructed to a design or plan the subject of acertificate of accreditation referred to in Clause 95B of the Regulation.

approved by the Council means the subject of an approval in force under Division 1 of Part 3of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation1993.

sewage management facility has the same meaning as it has in the Local Government(Approvals) Regulation 1993.



39. Consolidation of Allotments

That Lots 4 and 5 in DP 562591 are to be consolidated into a single allotment. Evidence ofthe consolidation of the two allotments is to be lodged with Council prior to the issue of theConstruction Certificate.

40. Construction Management

A construction management plan must be submitted for the approval of Council’sDevelopment Engineer before the commencement of demolition, excavation or constructionworks. The plan must:-

a. describe the anticipated impact of the construction works on:• local traffic routes• pedestrian circulation adjacent to the building site• and on-street parking in the local area, and;b. describe the means proposed to:• manage construction works to minimise such impacts,• provide for the standing of vehicles during construction,• provide for the movement of trucks to and from the site, and deliveries to the site, and;c. show the location of:• any site sheds and any anticipated use of cranes and concrete pumps,• any areas of Council property on which it is proposed to install a Works Zone

(Construction Zone),• structures to be erected such as hoardings, scaffolding or shoring,• any excavation.

The Plan must make provision for all materials, plant, etc. to be stored within thedevelopment site at all times during construction. Structures or works on Council propertysuch as hoardings, scaffolding, shoring or excavation need separate approval from Council.Standing of cranes and concrete pumps on Council property will need approval on eachoccasion.

Note: A minimum of eight weeks will be required for assessment. Work must not commenceuntil the Construction Management Plan is approved. Failure to comply with this conditionmay result in fines and proceedings to stop work.

41. Compliance with the construction management plan

All excavation, demolition and construction work and traffic movements must be carried outin accordance with the approved construction management plan. All controls in the Plan mustbe maintained at all times. A copy of the Plan must be kept on-site at all times and madeavailable to the PCA or Council on request.

42. Site fencing




43. Relocation of covered garbage area fronting Sisters Lane

The covered garbage area at the rear of the property fronting Sisters lane is to be relocated toa location within the existing garage. The “water gum” is to be retained. Details to beprovided in the construction certificate drawings.

Note: This condition is imposed in order to safeguard the future and present amenity ofthe locality.

D3 DA795/2004 – 68 Epping Road, Double Bay – Alterations & additions to the existingdwelling – 6/12/2004

Note: Mr D Keyes of 70 Epping Road, Double Bay, an objector and Mr R Nahum thearchitect, addressed the Panel.

(Tuxford/Bluett)


THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 795/2004 for alterations and additions to the existing dwelling on land at 68Epping Road, Double Bay, subject to the following conditions:

1. Approved Plans

This consent relates to the work, shown in colour, on plans numbered DA 1/6A to DA 6/6A,undated, drawn by R. D. Nahum, all of which carry a Council stamp “Approved DA Plans”and the signature of a Council officer, except where amended by the following conditions.

2. Southern side setback

As the proposed ground floor extension does not comply with the side setback requirementsprescribed in Clause C 5.2.5 of the Woollahra Residential Development Control Plan 2003,the southern external wall on the ground floor, between the section at 7.8m and 16.8mmeasured from the rear (east) boundary, shall be set back 1.5m from the southern boundary.The proposed glass roof along this portion shall also be deleted. Details are to be providedwith the application for Construction Certificate.

This condition is imposed to bring this part of the building to full compliance with the controland to avoid unreasonable sense of enclosure.

3. Deep soil landscape area

As the proposal does not comply with Clause C 5.3.2 of the Woollahra ResidentialDevelopment Control Plan 2003, a minimum amount of 51.66m² of deep soil landscape asdefined in the Woollahra Residential Development Control Plan 2003 shall be provided.Details are to be provided with the application for Construction Certificate.















7. Layout of buildings

The layout of all external walls, including retaining walls and contiguous piling must bechecked and verified by survey prior to the commencement of construction to ensure thatbuilding construction complies with the development consent and does not encroach beyondthe boundaries of the site.





9. Levels

For the purpose of indicating relative levels in terms of Australian Height Datum andboundary clearances, and to ensure that building construction complies with the developmentconsent, survey certificates must be provided to the PCA in respect of the building/s layoutand ground floor level/s prior to pouring of concrete or laying of timber floor boards.




11. Street trees

The area beneath the canopy of any street tree adjacent to the frontage of the property,excluding vehicle crossings and footpaths, must be fenced using a minimum of 1.8 metreshigh chainlink or welded mesh fencing. The fencing must be maintained for the duration ofthe building works. Storage of materials or plant must not occur within the fenced area.

12. Stormwater Management Plan

A Stormwater Management Plan for the site must be submitted with the application for aConstruction Certificate. This Condition is imposed to ensure site stormwater is disposed in acontrolled and sustainable manner.

The preferred method of discharge to Council drainage system is by gravity.

The Stormwater Management Plan must be in accordance with Council’s Draft StormwaterDrainage Management Development Control Plan and generally comply with the Stormwaterdisposal concept plan prepared by Islecrest Pty Ltd dated 26 Nov 2004

Stormwater run-off from the proposed development must drain to the existing Pit in KiaoraRoad. New drainage systems must be designed having regard to the need to preventstormwater from entering buildings in accordance with the Building Code of Australia(BCA).



A detailed Stormwater Management Plan must be produced by a suitably qualified civil orhydraulic engineer. The plan must be at a scale of 1:100 and based on drainage calculationsprepared in accordance with the Institute of Engineers Australia publication, AustralianRainfall and Run-off, 1987 edition or most current version thereof. It must include (asappropriate for the site and determined by the Hydraulic Consultant):

• All pipe layouts, dimensions, grades, lengths and material specifications• All invert levels reduced to Australian Height Datum (AHD)• Location and dimensions and of all drainage pits• Point of connection to Councils drainage infrastructure• Overland flow paths over impervious areas.• Subsoil drainage details (layout, grades, material), clean out points and discharge point.

Accordingly, the following requirements apply to all stormwater drainage systems:

a) Inspection and Certification of Existing System

Where it is proposed to connect to the existing site drainage system, the applicant mustsupply an inspection report for the affected site drainage system from a suitablyqualified engineer. This inspection report must confirm:

• The point and method of discharge (by way of sketch or plan) for the existingstormwater drainage system,

• The satisfactory condition of the existing system,• The satisfactory capacity for continued usage, and• No deleterious effect on existing, adjacent or downstream properties as a result of

the continued use of this existing system.

b) The continued use of ageing infiltration systems, such as absorption trenches, rubblepits, “soak-aways” and discharge to the surface are not acceptable in the WoollahraMunicipality in any circumstances. Applicants must rectify the stormwater drainagesystem to comply with Council’s Draft Stormwater Drainage ManagementDevelopment Control Plan.

c) Existing stormwater drainage systems that discharge to the sewer are not in compliancewith Sydney Water or Council’s requirements. The applicant must submit details of astormwater drainage system that complies with Sydney Water’s requirements andCouncil’s Draft Stormwater Drainage Management Development Control Plan.

d) Any new drainage works must incorporate a piped connection to an existing drainagesystem (satisfying the requirements of this Condition) or to an Approved Councildischarge point. New drainage systems must be designed having regard to the need toprevent stormwater from entering buildings in accordance with the Building Code ofAustralia (BCA).

13. Compliance with the Stormwater Management Plan

The stormwater drainage system must be generally constructed in accordance with theStormwater Management Plan as prepared by Islecrest Pty Ltd dated 26 Nov 2004above.



14. Stormwater Certification and Work-As-Executed (WAE) Plans

Prior to the release of the Final Building Certificate, Certification and Work-As-Executed(WAE) plans must be submitted and approved by the Accredited Certifier demonstrating thatthe site drainage system has been provided according to the submitted calculations and/orapproved plans.

Certifications must be provided by a suitably qualified engineer. WAE plans must be preparedand certified by a Registered Surveyor.

The following must be provided:

a) Certification that:

• The drainage system has been installed in accordance with the drainageConditions of Development Consent and relevant Australian Standards.

• That all drainage components are structurally adequate and have been installed inaccordance with the relevant Codes and Standards and/or specifications.

b) Work-As-Executed (WAE) plans showing:

• Pipe and drainage system layout, including all pits, pipe diameters, grades,materials, invert levels and surface levels.

• Details (exact point and method) of connection to Council system

15. Erosion and sediment control

Erosion and sediment controls, designed in accordance with the SSROC Soil and WaterManagement Brochure and the NSW Environmental Protection Authority’s Managing UrbanStormwater: Construction Activities, must be implemented during demolition, excavation andconstruction of the development. All controls must be maintained at all times.

16. Stockpiles









19. Encroachments

The survey plan has identified an encroachment of the existing brick retaining wall and eavesoverhang from the garage on Council's property at the Kiaora Road boundary. Theseencroachments are to be removed with the proposed development not encroaching beyond theboundaries of the site. Following removal any disturbed areas of Council's property are to berestored to match the existing asset to Council's satisfaction.

Prior to the release of the Final Building Certificate a final Plan of Survey must be submittedand approved by the Accredited Certifier demonstrating that there are no encroachmentsbeyond the site.

The Plan of Survey must be prepared and certified by a Registered Surveyor.


A security deposit of $10,000.00 for the cost of making good any damage to Council propertycaused as a consequence of the construction work, plus an administration fee of $154.00, mustbe paid to Council prior to the issue of the Construction Certificate. The security deposit,which may be in the form of a bank guarantee, has been calculated in accordance with thefollowing schedule.


Works up to $50,000 $2,000Works in excess of $50,000 & up to $100,000 $4,000Works in excess of $100,000 $4,000+$200/$10,000 estimated

cost>$100,000


21. Footpath levels

The existing footpath level and grade at the street alignment of the property must bemaintained unless amended by Manager Public Infrastructure.



23. Road Opening Permit

Prior to the commencement of any excavation in Council controlled roadways or footpathareas, the developer must obtain a road opening permit from Council’s Customer ServicesCounter. Restoration of roads, footpaths, retaining walls, kerbs and gutters must be carriedout in accordance with the relevant clauses of the current edition of AUS-SPEC.






A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of triphazards must be maintained at all times on or adjacent to the public footpaths fronting theconstruction site. Where the footpath is damaged, repair works must be carried when directedby Council officers and in accordance with the relevant clauses of Council's document"Standard Specifications for Roadworks, Drainage and Miscellaneous Works dated Jan2003".

Where circulation is diverted on to the roadway clear directional signage and protectivebarricades must be installed in accordance with Australian Standard AS1742-3 2002 “TrafficControl Devices for Work on Roads”. Should the applicant propose to direct pedestrians ontothe road pavement of a State road then an application is to be made to the RTA for a RoadOccupancy Licence. Licence approval is to be submitted to Council.


26. Driveways and associated works

Should the applicant intend to construct a driveway crossing in Kiaora Road then thefollowing works must be undertaken at the applicant’s expense prior to the final buildinginspection and the issuance of the Occupation Certificate.

• Construction of a new concrete full width driveway crossing 3.5m wide and layback inaccordance with Council’s Standard Drawing RF2. Levels must comply with RF2.

• Where a grass verge exists, the balance of the area between the footpath and the kerbover the full frontage of the proposed development must be turfed. The grass vergemust be constructed to contain a uniform minimum 75mm of friable growing mediumand have a total cover of Couch turf.

An “Application for permission to construct a vehicle and special crossing by privatecontractor” must be completed and submitted to Council’s Customer Service Centre prior tocommencement of construction of a new driveway. For any technical enquiries regardingalteration to existing footpath levels or alignments, please contact Council’s WorksSupervisor.


If Council’s infrastructure is damaged during the course of works in Epping Road and theadjacent Public Pathway/ Drainage Reserve, Council’s Works & Services Engineer must benotified and necessary repairs must be undertaken within the time stipulated by Council, toCouncil’s specifications, and at no cost to Council. Works generally must be in accordancewith the relevant clauses of the current edition of Council's document "StandardSpecifications for Roadworks, Drainage and Miscellaneous Works dated Jan 2003".



If work is not undertaken to the satisfaction of the Works & Services Engineer with regard totime or quality, Council may carry out remedial works and deduct the cost from the DamageSecurity Deposit.


The following vehicular access and garaging detail must be submitted and approved by theAccredited Certifier prior to the issue of the Construction Certificate.

• Driveway details are to be provided for the new driveway to the new garage are tocomply with AS 2890.1

• The garage floor level is to be raised to ensure that there is no flooding during minorstorm events. The minium floor level is to be 3% up from the nominal top of kerblocated at the existing edge of bitumen. A level of RL 3.57m AHD at the southernboundary will comply with this requirement. The existing footpath level and grade atthe street alignment of the property must be maintained. Any driveway slabadjustment required to meet the internal garage level is to be constructed entirely onprivate property.

• Driveways and access ramps must be designed not to scrape the underside of cars.

In all other respects, proposed garage/car park/basement car park, driveways and accessramps must be designed to comply with Australian Standard AS 2890.1 – “Off-Street carparking.”

29. Internal Garage Floor Transition

The existing footpath level and grade at the street alignment of the property must bemaintained. Any driveway slab adjustment required to meet the internal garage crossfall is tobe constructed entirely on private property. All grades and crossfalls are to be in accordancewith AS2890.1.

30. Wet areas




The Levy can be paid directly to the Long Services Payments Corporation or to Council.















Note:The amount referred to in paragraph (a) (iv) above is prescribed by regulations under theHome Building Act 1989. As at the date on which this Regulation was Gazetted, thatamount was $5,000. As those regulations are amended from time to time, so thatamount may vary.


34. Support for neighbouring buildings

(a) If an excavation associated with the erection or demolition of a building extends belowthe level of the base of the footings of a building on an adjoining allotment of land, theperson causing the excavation to be made:

(i) must preserve and protect the building from damage; and(ii) if necessary, must underpin and support the building in an approved manner; and



(iii) must, at least 7 days before excavating below the level of the base of the footingsof a building on an adjoining allotment of land, give notice of intention to do so tothe owner of the adjoining allotment of land and furnish particulars of theexcavation to the owner of the building being erected or demolished.

(b) The owner of the adjoining allotment of land is not liable for any part of the cost ofwork carried out for the purposes of this condition, whether carried out on the allotmentof land being excavated or on the adjoining allotment of land.

(c) In this condition, allotment of land includes a public road and any other public place.

35. Protection of public places

(a) If the work involved in the erection or demolition of a building:

(i) is likely to cause pedestrian or vehicular traffic on a public place to be obstructedor rendered inconvenient, or

(ii) building involves the enclosure of a public place;

a hoarding or fence must be erected between the work site and the public place.

(b) If necessary, an awning must be erected, sufficient to prevent any substance from, or inconnection with, the work falling into the public place.

(c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardousto persons in the public place.

(d) Any such hoarding, fence or awning must be removed when the work has beencompleted.





















Building Act 1989.

D4 DA64/2005 – 118 Wallis Street, Woollahra – Alterations & additions includingconstruction of landscaped courtyard & external doorway to unit 33 – The constructionwill involve the removal of fill adjacent to the building & relocation of brick retainingwall – 14/2/2005 & 4/3/2005

Note: Ms J Owen representing the applicant, addressed the Panel.

(Bluett/Coker)


THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 64/2005 to carry out alterations and additions including the construction oflandscaped courtyard and external doorway to Unit 33 of 118 Wallis Street Woollahra, subject tothe following conditions:

1. Approved Plans

This consent relates to the work, shown on AMENDED plans numbered Sheet 1 and 2, beingW02/05 and W03/05, dated 1st February 2005, drawn by Steve Waters Building which carriesa Council stamp “Approved DA Plans” and the signature of a Council officer, except whereamended by the following conditions.



2. Materials

That the new sliding doors shall be constructed of materials to match that of the existingwindows. Details are to be provided with the Construction Certificate plans.

Reason: to ensure visual compatibility of materials

3. Fencing and Gates

The existing fence to the northern boundary of the subject site is to be retained. The proposedpathway is to end at the north-eastern corner of the existing building as illustrated on thedrawing labelled “ground floor plan” on plan numbered Sheet 2.

Reason: to ensure that privacy is retained














Note: The amount referred to in paragraph (a) (iv) above is prescribed by regulationsunder the Home Building Act 1989. As at the date on which this Regulation wasGazetted, that amount was $5,000. As those regulations are amended from time to time,so that amount may vary.






Building Act 1989.




12 Standard for demolition


13. Site fencing




14. Site Drainage Disposal Conditions

Connection to existing drainage system

Stormwater run-off from the proposed paved area is to drain to the existing stormwaterdrainage system.




Stormwater disposal is to comply with the requirements and conditions as set out in Council’sDraft Stormwater Development Control and Local Approvals Policy.

15. Geotechnical/Structural and Hydrogeological Conditions

Structural Certification of excavation works and associated structures.

The following development works have been identified as possibly effecting the stability ofsurrounding property and structures during their construction;

• Retaining walls

Due to this, the excavation and construction of these development works must be overseen byan engineer. This is to ensure the stability of surrounding property / infrastructure is notadversely effected by such works.

Excavation, retention, underpinning and construction must be undertaken on-site by anexcavation contractor with specialist excavation experience. A suitably qualified geotechnicalor structural engineer, specialising in excavation, must supervise the excavation procedure.

This engineer is to provide certification to the Accredited Certifier, prior to issue of FinalBuilding Certificate, that excavation, retention, underpinning and construction of all theexcavation works stated above has been conducted:

a. According to the relevant Australian Standards and Codes of Practice, andb. In a manner that does not compromise the structural integrity of all adjacent structures

and property.

















Note: This condition is imposed in order to safeguard the future and present amenity ofthe locality.

D5 DA15/2005 – 6A Fairweather Street, Bellevue Hill – Substantial alterations & additions– 14/1/2005 & 12/5/2005

Note: Mr C Reid representing the applicant, addressed the Panel.Note: The Panel amended the preamble.



(Bluett/Coker)


THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 15/2005 for substantial alterations and additions to an existing dwelling house onland at 6A Fairweather Street Bellevue Hill, subject to the following conditions:

1. Approved Plans

This consent relates to the work, shown in colour, on plans numbered 01A, 02A and 03A,dated December 2004 amended 9th May 2005, drawn by David E. Phillips and Associates PtyLtd Architects, all of which carry a Council stamp “Approved DA Plans” and the signature ofa Council officer, except where amended by the following conditions.

2. Garage

In order to comply with C5.9.5 of Section 5.9 of Woollahra RDCP 2003, two spaces are to beaccommodated on site – one as a garage and the other in front of the garage. The minimuminternal garage length and the minimum length of the stacked car space are to be 5.4m.

Details are to be submitted with the Construction Certificate application. .

3. Privacy screening

In order to minimise overlooking to the rear yards of both adjoining properties, a privacyscreen, to a height of 1.7m, is to be installed on the eastern and western sides of the first floorrear balcony. The screen is to consist of upward facing fixed louvres at 45o to the horizontalor an obscure or opaque screen.

Details are to be submitted with the Construction Certificate application. .

4. Garbage facilities

Within the property boundaries and screened from Fairweather Street, there must be provisionfor:

• One 120 litre mobile garbage bin for putrescible waste• One 50 litre crate for paper recyclables (blue)• One 50 litre crate for non-paper recyclables (black); and• One 240 litre mobile garbage bin for garden organics

Details are to be submitted with the Construction Certificate application.

5. Stormwater system

The proposed stormwater system for the alterations and additions is to be a minimum of 3.0mfrom both existing mature trees in the front setback and street verge. All excavation must behand dug and roots in excess of 100mm must be retained undamaged. Roots severed must becleanly cut with secateurs.



This condition is imposed in order to minimise impact on the roots of all existing trees.Details are to be submitted with the Construction Certificate application.

6. Driveway

The driveway within the subject site is to consist of a permeable material in order to improveinfiltration of water and stormwater within the dripline of the existing Eucalypt tree within thefront yard of the property. Details are to be submitted with the Construction Certificateapplication. .

7. Existing trees which must be retained

Approval is not granted for the removal of the following trees, which Council has determinedto be significant landscape elements. Where indicated a Tree Preservation Bond is required tobe lodged with Council. The Bond has been applied in accordance with Council’s policyregarding the bonding of trees on or adjacent development sites, where an assessment hasdetermined that the proposed development may impact on the preservation of the followingtrees.

CouncilRef No


Tree PreservationBond required

1 Afrocarpus falcatusOuteniqua Yellowwood

Street tree 10m $5000

2 Afrocarpus falcatusOuteniqua Yellowwood

Northern Street tree 10m $15000

3 Eucalyptus muelleranaYellow Stringybark

Adjacent to front boundary Nil

Total Bond $20000

The Construction Certificate plans must include reference to the retention of the abovementioned trees and identify the trees by Councils reference number (Ref No:) and colour orshade them in the colour green for trees to be retained and yellow for trees to be transplanted.

A bond is placed on individual trees when considered appropriate by Council’s LandscapeDevelopment Officer. The value of the bond may represent the full value of the tree or theOfficer’s Assessment of potential damage to the tree or a group of trees during development.The bond may be in the form of a bank guarantee and must be lodged prior to the issue of aConstruction Certificate. The bond will not be released until Council has inspected and issatisfied with the condition of the trees. Council may use part or the entire bond to carry outworks to trees or replace them, if they are not in a satisfactory condition.

Where trees have not been preserved and retained in accordance with the approval thedeveloper may forfeit the total bond amount.

8. Hand excavation within tree root zones

To prevent compaction within the root zone, excavation undertaken within the specifiedradius of the trunks of the following trees must be hand dug. Any root pruning must beundertaken by hand along the perimeter line of such works by an experienced Tree Surgeon-Arborist with a minimum qualification of a Certificate in Arboriculture or other equivalentqualification acceptable to Council’s Landscape Assessment Officer.



Beyond this radius, mechanical excavation is permitted, when root pruning by hand along theperimeter line of such works is completed.

CouncilRef No

Species Location Radius fromTrunk(Metres)

3 Eucalyptus muellerana Yellow Stringybark Adjacent to front boundary 5 metres

9. Driveways/car parking areas in the vicinity of trees

The driveway/car parking area must be constructed utilising materials/techniques designed toensure that the existing water infiltration and gaseous exchange to the trees root system ismaintained.

In relation to Tree 3, all works are to be supervised and approved by a qualified Arborist. Noroot in excess of 100mm may be pruned. All pruning works must be completed in accordancewith accepted arboricultural practices.

10. Street trees

The area beneath the canopy of any street tree adjacent to the frontage of the property,excluding vehicle crossings and footpaths, must be fenced using a minimum of 1.8m highchainlink or welded mesh fencing. The fencing must be maintained for the duration of thebuilding works. Storage of materials or plant must not occur within the fenced area.


Stormwater run-off from the proposed roof is to drain to the existing stormwater drainagesystem.






Erosion and sediment controls, designed in accordance with the SSROC Soil and WaterManagement Brochure and the NSW Environmental Protection Authority’s Managing UrbanStormwater: Construction Activities, must be implemented during demolition, excavation andconstruction of the development. All controls must be maintained at all times.



13. Stockpiles








A security deposit of $8,800.00 for the cost of making good any damage to Council propertycaused as a consequence of the construction work, plus an administration fee of $154.00, mustbe paid to Council prior to the issue of the Construction Certificate. The security deposit,which may be in the form of a bank guarantee, has been calculated in accordance with thefollowing schedule.



cost>$100,000


17. Footpath levels











A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of triphazards must be maintained at all times on or adjacent to the public footpaths fronting theconstruction site. Where the footpath is damaged, repair works must be carried when directedby Council officers and in accordance with the relevant clauses of Council's document"Standard Specifications for Roadworks, Drainage and Miscellaneous Works dated Jan 2003.




The following works must be undertaken at the applicant’s expense prior to the final buildinginspection and the issuance of the Occupation Certificate.

• Construction of a new concrete driveway crossing 3.5m wide and layback in accordancewith Council’s Standard Drawing RF2. The existing driveway crossing on Council’sverge is to be extended by a maximum of 1.1m to the south in order to meet the newinternal driveway on the subject site. Levels in the footpath area must match existing.

• Reinstatement of footpath, kerb and gutter to match existing.• Where a grass verge exists, the balance of the area between the footpath and the kerb

over the full frontage of the proposed development must be turfed. The grass vergemust be constructed to contain a uniform minimum 75mm of friable growing mediumand have a total cover of Couch turf.








Driveways and access ramps must be designed not to scrape the underside of cars.








26. Drawings to show levels and heights

The reduced levels of the ground floor, first floor and the overall height of the roof in relationto Australian Height Datum must be shown on the drawings submitted with the ConstructionCertificate Application to ensure that building construction complies with the developmentconsent.













31. Machine excavation

Excavation or removal of any materials involving the use of machinery of any kind, includingcompressors and jack hammers, must be limited to between 9.00am and 4.00 pm Mondays toFridays, with regular breaks of 15 minutes each hour. This condition is imposed to ensurereasonable standards of amenity for occupants of neighbouring properties.






33. Occupation of premises

The premises must not be occupied prior to the issue of an Occupation Certificate.

34. Relocation or reconstruction of Council’s drainage system

The developer must meet all costs of relocation or reconstruction of any part of Council’sdrainage system required to carry out the approved development. All works must be carriedout to Council’s specifications.


A Long Service Levy under Section 34 of the Building & Construction Industry Long ServicePayment Act , 1986, must be paid and proof of payment provided prior to the issue of aConstruction Certificate. The Levy can be paid directly to the Long Services PaymentsCorporation or to Council.

36. Water conservation

Water saving showerheads must be fitted to all showers within the development to reducewater consumption and promote energy efficiency.



38. Site fencing


39. Mechanical ventilation/services

• Prior to the issue of any Construction Certificate

Detailed mechanical ventilation system plans and specification prepared by aprofessional engineer, as defined by the Building Code of Australia, must be submittedto Council or an Accredited Certifier with the application for a Construction Certificatecertifying compliance with AS/NZS 1668 The Use of Mechanical Ventilation and AirConditioning in Buildings, Part 1-1998: Fire and smoke control in multi-compartmentbuildings and Part 2-1991: Mechanical ventilation for acceptable indoor-air quality.

• Installation and Commissioning

The mechanical ventilation system must be installed and commissioned in accordancewith AS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning inBuildings, Part 1-1998: Fire and smoke control in multi-compartment buildings andPart 2-1991: Mechanical ventilation for acceptable indoor-air quality under thesupervision of a professional engineer.



• Prior to the issue of any Occupation Certificate

Detailed "works as executed" mechanical ventilation system plans and specificationprepared by a professional engineer, as defined by the Building Code of Australia, mustbe submitted to Council or an Accredited Certifier together with certification from thesupervising professional engineer that the system as commissioned complies withAS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings,Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991:Mechanical ventilation for acceptable indoor-air quality.

Note: Part 1 of AS/NZS 1668 only applies to multiple compartment buildings.

40. Noise control

The use and operation of the air conditioning must not give rise to the transmission ofoffensive noise to any place of different occupancy. Offensive noise is defined in theProtection of the Environment Operations Act 1997.

41. Lighting

Any lighting on the site must be designed so as not to cause nuisance to other residences inthe area or to motorists on nearby roads and to ensure no adverse impact on the amenity of thesurrounding area by light overspill. All lighting must comply with the Australian StandardAS4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.








(ii) is satisfied that the licensee has complied with the requirements of Part 6 ofthat Act; or





(iv) has been given a declaration, signed by the owner of the land, that states thatthe reasonable market cost of the labour and materials involved in the workis less than the amount prescribed for the purposes of the definition ofowner-builder work in Section 29 of that Act,


Note: The amount referred to in paragraph (a) (iv) above is prescribed by regulations underthe Home Building Act 1989. As at the date on which this Regulation was Gazetted,that amount was $5,000. As those regulations are amended from time to time, so thatamount may vary.


44. Signs to be erected on building and demolition sites

(a) A sign must be erected in a prominent position on any work site on which workinvolved in the erection or demolition of a building is being carried out :

(i) stating that unauthorised entry to the work site is prohibited; and(ii) showing the name of the person in charge of the work site and a telephone number

at which that person may be contacted outside working hours.

(b) Any such sign must be removed when the work has been completed.

(c) This clause does not apply to:

(i) building work carried out inside an existing building; or(ii) building work carried out on premises that must be occupied continuously (both

during and outside working hours) while the work is being carried out.




















Building Act 1989.

D6 DA871/1999 Part 3 – 47 New Beach Road, Darling Point – Section 82A Review refusal toamend Condition No. 2 – 5/1/2005

Note: Mr M Neustein the architect and Mr M Junner an objector of 5/46 New Beach Road,Darling Point addressed the Panel.

(Coker/Bluett)

Resolved:

THAT the Section 82A Review Application of the refusal to amend Condition No. 2 ofDevelopment Consent DA No. 871/1999/3, on land at No.? 47 New Beach Road, Darling Point, bedeferred to a future meeting of the Application Assessment Panel to allow the Panel to carry out asite inspection.



D7 DA110/2005 – 203-233 New South Head Road, Edgecliff – Change of use of Shop 1 tocoffee shop, alterations to shopfront, internal fitout & signage – 7/3/2005

Note: Mr L Donnan representing the applicant, addressed the Panel.

(Coker/Bluett)


THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 110/2005 for change of use of Shop 1 to a coffee shop, alterations to shopfront,internal fitout and signage on land at 203-233 New South Head Road Edgecliff, subject to thefollowing conditions:

1. Approved Plans

The development must be carried out in accordance with plans numbered D06 & D07 andD12 to D14, dated 14.02.2005, drawn by Otto Design, which carry a Council stamp“Approved DA Plans” and the signature of a Council officer, except where amended by thefollowing conditions.

2. Coving Tiles

Coving tiles shall replace the proposed skirting boards within all food preparation areas. Thiscondition has been included to ensure adequate health provisions have been made. Details areto be submitted with the Construction Certificate.

3. Hours of operation

To minimise the impact on the residential development located in the vicinity of the site, thehours of operation shall be limited to:

Monday to Thursday 6.30am to 11.00pm Friday and Saturday 6.30am to 1.00amSunday 6.30am to 11.00pm

4. Trading hours

To minimise the impact on the residential development located in the vicinity of the site, thetrading hours shall be limited to:

Monday to Thursday 6.30am to 10.00pm Friday and Saturday 6.30am to 12.00amSunday 6.30am to 10.00pm

No patrons shall be permitted within the premises outside these hours.



5. Requirements for Food Premises - Standards of Construction

The applicant, owner and builder must ensure that all construction and fitout of the foodpremises complies with the Food Act 2003, Food Regulation 2004; the Food Standards Codeas published by Food Standards Australia and New Zealand and the Australian Standard AS4674-2004: Construction and fit out of food premises.

Requirements for Food Premises - Prior or the issue of any Occupation Certificate

Prior to the issue of any Occupation Certificate or Interim Occupation Certificate oroccupation or use of any food premises:

• the Principal Certifying Authority must arrange an inspection of the fit out of the FoodPremises by Council's Environmental Health Officers;

• a satisfactory final inspection must have been undertaken by Council's EnvironmentalHealth Officer and

• the Owner or Occupier of the premises must register the Food Premises with Council'sEnvironmental Health Officers and pay to Council the adopted Food PremisesInspection Fee.

Note: Inspections are subject to payment of the adopted inspection fee.

Requirements for Food Premises - Maintenance of Food Premises

The food premises must be maintained in accordance with the Food Act 2003, FoodRegulation 2004; the Food Standards Code as published by Food Standards Australia andNew Zealand and the Australian Standard AS 4674-2004: Construction and fit out of foodpremises.

Note: Accredited Certifiers are unable to issue Compliance Certificates in relation tocompliance with the Food Act 2003, Food Regulation 2004; the Food Standards Code andthe Australian Standard AS 4674-2004: Construction and fit out of food premises; since theseare not matters which an Accredited Certifier can be satisfied in relation to under Clause 161of the Environmental Planning & Assessment Regulation 2000.


Installation and Commissioning

The mechanical ventilation system must be installed and commissioned in accordance withAS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991: Mechanicalventilation for acceptable indoor-air quality under the supervision of a professional engineer.



Prior to the issue of any Occupation Certificate

Detailed "works as executed" mechanical ventilation system plans and specification preparedby a professional engineer, as defined by the Building Code of Australia, must be submittedto Council or an Accredited Certifier together with certification from the supervisingprofessional engineer that the system as commissioned complies with AS/NZS 1668 The Useof Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smokecontrol in multi-compartment buildings and Part 2-1991: Mechanical ventilation foracceptable indoor-air quality.


7. Noise from mechanical equipment

This condition has been applied to maintain a reasonable level of amenity to the area.

Prior to the issue of any construction certificate, the developer must submit to the Council oraccredited certifier a report from a qualified practicing acoustic engineer (who is a member ofeither the Australian Acoustical Society or the Association of Australian AcousticalConsultants).

The report must certify that the method of treating the mechanical equipment system willensure that the noise level, as measured at the boundaries of the subject property, will notexceed the ambient noise level.

After completion of the works and prior to the issue of an occupation certificate oroccupation, the developer must submit to the principal certifying authority, a report from aqualified practicing acoustic engineer (who is a member of either the Australian AcousticalSociety or the Association of Australian Acoustical Consultants) certifying that the workshave been undertaken to meet the above design criteria.

8. Air emissions or odours

The use of the premises must not give rise to air pollution, including odours, as defined by theProtection of the Environment Operations Act 1997. Waste gases released from the premisesmust not cause a public nuisance, be hazardous or harmful to human health or to theenvironment.

9. Lighting

Any lighting on the site must be designed so as not to cause nuisance to other residences inthe area or to motorists on nearby roads and to ensure no adverse impact on the amenity of thesurrounding area by light overspill. All lighting must comply with the Australian StandardAS4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.





11. Fire safety

A schedule of all existing and proposed safety measures within the building must besubmitted to Council with or before the application for a Construction Certificate.















16. Compliance with Disability Discrimination Act

The development must be designed to comply with the requirements of the DisabilityDiscrimination Act and AS 1428 – “Design for Access and Mobility”, Parts 1, 2, 3 and 4.













21. Wet areas




22. Advertising Structures

All matter advertising the previous use of the premises must be removed and all affected areasand structures must be reinstated at the completion of the works.


A security deposit of $ 6,000 for the cost of making good any damage to Council propertycaused as a consequence of the construction work, plus an administration fee of $154.00, mustbe paid to Council prior to the issue of the Construction Certificate. The security deposit,which may be in the form of a bank guarantee, has been calculated in accordance with thefollowing schedule.



cost>$100,000


24. Footpath levels















29. Trade Waste

Details of facilities for waste storage and collection must be submitted to the accreditedcertifier prior to issue of a Construction Certificate. Details must meet the followingrequirements.

Prior to commencement of use a Trade Waste Collection Agreement must be entered intowith an appropriate operator. Evidence of the agreement must be provided to Council’sHealth Department, with a copy to Council’s Works and Services Department.

The waste storage area must be sufficiently sized so as to store the waste generated by theproposed use with allowance for separation of putrescible waste from recyclables. Guidelineson the size of the required waste storage area can be obtained by contacting Council’s Healthor Works and Services Departments.

The following requirements must be met;

a) Bulk Bins

Where bulk bins are to be provided they must not need to be manually manoeuvred byone person in order to be serviced. Adequate off-site access for the garbage truck mustbe provided. Access to the service area must be designed in accordance with AustralianStandard 2890.2 – 1989 Off-street parking Part 2: Commercial Vehicle Facilities.Particular attention must be paid to the grade of the access road, vertical clearance,driveway width and manoeuvring area.

b) Inside the Waste Storage Area

The following requirements must be met for the design of the Waste Storage Area

i) The area must be enclosed.



ii) Bins to be stored with lids down to prevent vermin from entering the wastecontainers.

iii) Walls and ceilings of the waste storage area must be constructed of an imperviousmaterial with a smooth finish. The junction between the walls and the floor mustbe coved with a minimum radius of 25mm to prevent the accumulation of wastematter.

iv) The area must be constructed with a smooth impervious floor graded to a floorwaste and provided with a both hot and cold water taps and hose to facilitateregular cleaning of the bins. Waste water must be discharged to the sewer inaccordance with the requirements of Sydney Water.

v) The garbage storage area must be well lit to enable use at night. A timer switchmust be fitted to the light fitting to ensure the light is turned off after use.

vi) Odour problems to be minimised by good ventilation. The garbage area must belocated away from habitable areas.

vii) For developments of four storeys and above, waste storage areas, garbage andrecycling rooms must be fitted with fire sprinklers and be rated to fire safetystandards in accordance with the Building Code of Australia.

viii) Both putrescible and recycling bins/crates must be stored together. Recycling binsmust never stand alone. They must always be located beside putrescible wastebins. Putrescible bins must be located closest to the entrance to the waste storagearea.

ix) Signage on the correct use of the waste management system and what materialsmay be recycled must be posted in the communal waste storage cupboard/ roomor bin bay.

30. Noise control

The use of the premises must not give rise to the transmission of offensive noise to any placeof different occupancy. Offensive noise is defined in the Protection of the EnvironmentOperations Act 1997.

31. Noise from amplified sound equipment

There are to be no external speakers at the premises.

32. Change of building use

(a) A building in respect of which there is a change of building use must comply with theCategory 1 fire safety provisions applicable to the proposed new use.

Note. The obligation under this condition to comply with the Category 1 fire safetyprovisions may require building work to be carried out even though none is proposed orrequired in the relevant development consent.

(b) This condition does not apply to the extent to which an exemption is in force underClause 187 or 188 of the Environmental Planning and Assessment Regulation 2000,subject to the terms of any condition or requirement referred to in Clause 187 (6) or 188(4).





(i) must preserve and protect the building from damage; and(ii) if necessary, must underpin and support the building in an approved manner; and(iii) 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 tothe owner of the adjoining allotment of land and furnish particulars of theexcavation to the owner of the building being erected or demolished.



34. Protection of public places

(a) If the work involved in the erection or demolition of a building:

(i) is likely to cause pedestrian or vehicular traffic on a public place to be obstructedor rendered inconvenient, or

(ii) building involves the enclosure of a public place;

a hoarding or fence must be erected between the work site and the public place.

(b) If necessary, an awning must be erected, sufficient to prevent any substance from, or inconnection with, the work falling into the public place.

(c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardousto persons in the public place.

(d) Any such hoarding, fence or awning must be removed when the work has beencompleted.


35. Deliveries

All deliveries must occur via service access corridor from New McLean Street.



D8 DA834/2004 – 16 Dudley Street, Paddington – Alterations & additions to existingdwelling – 21/12/2004 & 15/4/2005

Note: Mr G Gilsenen, the architect addressed the Panel.

(Bluett/Coker)


THAT the Council, as the consent authority, grant development consent to DevelopmentApplication No. 834/2004 for alterations and additions to existing dwelling on land at 16 DudleyStreet Paddington, subject to the following conditions:

1. Approved Plans

This consent relates to the work, shown in colour, on plans numbered DA100; 101; 102 (IssueA), dated 14 April 2005, drawn by Glenn Gilsenen Architects, all of which carry a Councilstamp “Approved DA Plans” and the signature of a Council officer, except where amended bythe following conditions.

2. Rear dormer

The design of the new dormer window is to be increased in its vertical proportion by 600mmby relocating the window closer towards the rear gutter line of the main roof.

This condition is imposed in order to comply with the Paddington DCP and preserve thecharacter of the Conservation Area. Details are required to be shown on plans submitted withthe Construction Certificate application.











10. The new skylights

The new skylights above the living area are to be low profile and flush with the surface of theroof. Details are required to be submitted with the Construction Certificate application.


Stormwater run-off from the proposed roof and parking area is to drain to the existingstormwater drainage system.









An erosion and sediment control plan, designed in accordance with the SSROC Soil andWater Management Brochures titled “Do it Right on Site” and the current version of the NSWLandcom publication “Managing Urban Stormwater: Soils and Construction” (The BlueBook), must be prepared to show erosion and sediment control measures which are to beinstalled. The Plan must be submitted to Council or the accredited certifier for approval beforecommencement of excavation or construction work.

14. Stockpiles









17. Water conservation

Water saving showerheads must be fitted to all showers within the development to reducewater consumption and promote energy efficiency.



19. Site fencing



A security deposit of $4,900 for the cost of making good any damage to Council propertycaused as a consequence of the construction work, plus an administration fee of $154.00, mustbe paid to Council prior to the issue of the Construction Certificate. The security deposit,which may be in the form of a bank guarantee, has been calculated in accordance with thefollowing schedule.



cost>$100,000


21. Footpath levels














26. Completion of infrastructure work

All infrastructure works must be completed and be certified by the accredited certifier asmeeting all Council requirements and as-built drawings are to be submitted to Council’sDevelopment Engineer, prior to the release of the Infrastructure Works Bond. Worksgenerally must be in accordance with the relevant clauses of the current edition of AUS-SPEC.


The following works must be undertaken at the applicant’s expense prior to the final buildinginspection and the issuance of the Occupation Certificate.

• Construction of a new concrete driveway crossing and layback in accordance withCouncil’s Standard Drawing 14238. Levels in the footpath area must match existing.



• Removal of all driveway crossings and kerb laybacks which will be no longer required.• Reinstatement of footpath, kerb and gutter to match existing.• Reconstruction of road pavement shoulder.






Driveways and access ramps must be designed not to scrape the underside of cars. Theentrance width shall be widened to 2500mm and the internal nib of the roller door masonrysupport deleted to assist the entry of vehicles.


30. Dilapidation reports

A dilapidation report on the current structural condition of the existing buildings at18 Dudley Street must be prepared by a practicing structural engineer. The Report must becompleted and submitted to Council prior to the commencement of any demolition,excavation or construction works.

A second dilapidation report recording structural condition must be carried out on 18 DudleyStreet at the completion of the works and be submitted to Council.


Prior to the issue of any Construction Certificate

Detailed mechanical ventilation system plans and specification prepared by a professionalengineer, as defined by the Building Code of Australia, must be submitted to Council or anAccredited Certifier with the application for a Construction Certificate certifying compliancewith AS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings,Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991:Mechanical ventilation for acceptable indoor-air quality.



Installation and Commissioning

The mechanical ventilation system must be installed and commissioned in accordance withAS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991: Mechanicalventilation for acceptable indoor-air quality under the supervision of a professional engineer.

Prior to the issue of any Occupation Certificate

Detailed "works as executed" mechanical ventilation system plans and specification preparedby a professional engineer, as defined by the Building Code of Australia, must be submittedto Council or an Accredited Certifier together with certification from the supervisingprofessional engineer that the system as commissioned complies with AS/NZS 1668 The Useof Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smokecontrol in multi-compartment buildings and Part 2-1991: Mechanical ventilation foracceptable indoor-air quality.
















Note:The amount referred to in paragraph (a) (iv) above is prescribed by regulations under theHome Building Act 1989. As at the date on which this Regulation was Gazetted, thatamount was $5,000. As those regulations are amended from time to time, so thatamount may vary.


34. Excavations and backfilling

(a) All excavations and backfilling associated with the erection or demolition of a buildingmust be executed safely and in accordance with appropriate professional standards.

(b) All excavations associated with the erection or demolition of a building must beproperly guarded and protected to prevent them from being dangerous to life orproperty.



(i) must preserve and protect the building from damage; and(ii) if necessary, must underpin and support the building in an approved manner; and(iii) 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 tothe owner of the adjoining allotment of land and furnish particulars of theexcavation to the owner of the building being erected or demolished.



36. Signs to be erected on building and demolition sites

(a) A sign must be erected in a prominent position on any work site on which workinvolved in the erection or demolition of a building is being carried out :

(i) stating that unauthorised entry to the work site is prohibited; and(ii) showing the name of the person in charge of the work site and a telephone number

at which that person may be contacted outside working hours.



(b) Any such sign must be removed when the work has been completed.

(c) This clause does not apply to:

(i) building work carried out inside an existing building; or(ii) building work carried out on premises that must be occupied continuously (both

during and outside working hours) while the work is being carried out.

















(a) the proposed builder's details (in writing); and



(b) proof of payment of the required insurance premium pursuant to Part 6 of the HomeBuilding Act 1989.

D9 DA1094/2003 Part 2 – 78 Hargrave Street, Paddington – Section 96 Proposedmodification – Change approved screen to horizontal metal wires with shadecloth tosupport vines – 21/1/2005

Note: The Panel amended condition No. 32.

(Bluett/Coker)

Resolved: Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979

THAT Council, as the consent authority, modify development consent to Development ApplicationNo. 1094/2003/2 for alterations and additions to dwelling - side screens at the rear of the propertyand other siteworks on land at 78 Hargrave Street Paddington, in the following manner:

Condition No. 1 is to be amended to read as follows:

1. Approved Section 96 Plans

The development must be carried out in accordance with amended plans numbered 1/2 and2/2, dated 30/12/2003 and 30/11/2003, received on 23 February 2004, drawn by NordicConstructions Pty. Ltd., (except for those works which have already been carried out- Councilcannot grant consent for works which have already been carried out, refer to Advising 10), allof which carry a Council stamp “Approved DA Plans” and the signature of a Council officer,as amended by the works shown in colour on plans numbered 1/2 and 2/2, dated 30/12/2003,and received on 20 January 2005, drawn by Nordic Constructions Pty. Ltd., all of which carrya Council stamp “Approved S96 Plans” and the signature of a Council officer on the plansexcept where amended by the following conditions.

That the following conditions be added to the consent:

32. Location of Shadecloth

The shadecloth shall be installed and maintained on the southwestern side of the stainlesssteel wires to support the vines, and the shadecloth is to be wholly located within the subjectsite. This condition is imposed to maintain the amenity of the adjoining property and toensure works are carried out completely within the subject site. Details showing the locationof the proposed shadecloth and vines shall be submitted with the Construction Certificateapplication.

33. Height of Wiring and Vine growth

The uppermost stainless steel wire is to be 300mm below the top of the wall dividing Nos. 78and 80 Hargrave Street, to accommodate the vine. This condition is imposed to allow forreasonable growth of the vine without exceeding the height of the dividing wall and impactingon the amenity of the adjoining property. Details of the height of the topmost stainless steelwire shall be submitted with the Construction Certificate application.



D10 DA151/2004 – 1 Dunbar Street, Watsons Bay – Section 82A Review the entire proposal –15/12/2004

(Coker/Bluett)

Resolved: Pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979

THAT Council, as the consent authority, having considered the application for review of itsdetermination, resolve to maintain its refusal of development consent to Development ApplicationNo. 151/2004 for alterations and additions to a dwelling-house on land at 7 Dunbar Street, WatsonsBay, for the following reason:

1. Due to the excessive height in terms of the number of storeys and external wall height,inadequate setback from the Dunbar Street alignment and excessive floor space ratio, theproposed, two-storey addition would have an adverse visual impact upon the streetscape andan adverse impact upon the heritage significance of the Watsons Bay Heritage ConservationArea. In this regard, the proposal is considered to be unsatisfactory with regard to thefollowing provisions:

• objectives 3 (b) (iii) and 3 (g) of SREP 14 Eastern Beaches• objective 2 (2) (g) of Woollahra LEP 1995• Clause 28 of Woollahra LEP 1995• Controls C12, C18, C21 and C25 of the Watsons Bay Heritage Conservation Area DCP

Precinct E specific building envelope controls• Control C3 of the of the Watsons Bay Heritage Conservation Area DCP Topography

and Vegetation general development controls• Control C4 of the of the Watsons Bay Heritage Conservation Area DCP Townscape

general development controls• Controls C1 and C2-Floor Space Ratio, C1-Siting and Alignment and C2-Building

Height of the Watsons Bay Heritage Conservation Area DCP Built Form generaldevelopment controls

• Objectives O1, O2 and O3 of the Watsons Bay Heritage Conservation Area DCPAlterations and Additions to Non-contributory Buildings general development controls

• Controls C1 and C7-Building Siting and Alignment of the Watsons Bay HeritageConservation Area DCP Alterations and Additions to Non-contributory Buildingsgeneral development controls

• Control C1 Building Height of the Watsons Bay Heritage Conservation Area DCPAlterations and Additions to Non-contributory Buildings general development controls

• Control C1 Building Form of the Watsons Bay Heritage Conservation Area DCPAlterations and Additions to Non-contributory Buildings general development controls

• Control C1 Building Character of the Watsons Bay Heritage Conservation Area DCPAlterations and Additions to Non-contributory Buildings general development controls

There being no further business the meeting concluded at 4.54pm.

We certify that the pages numbered 1 to 61 inclusive are the Minutes of the ApplicationAssessment Panel Meeting held on 31 May 2005 and confirmed by the Application AssessmentPanel on 7 July 2005 as correct.

__________________________ __________________________Chairperson Secretary

application assessment panel minutes · 31-05-2005 · woollahra municipal council application...

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