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1 BUILDING & DEVELOPMENT COMMITTEE REPORT NO 22/00 A meeting of the BUILDING & DEVELOPMENT COMMITTEE of this Council was held in the Council Chambers, First Floor, 2 Conder Street, Burwood, on 16 May 2000 at 6.26pm. ATTENDANCE Councillor A Bertone Councillor A Doueihi Councillor D Doust (Mayor) Councillor B Elliott Councillor C Livingstone (Chairperson) Councillor P O'Neill Mr P Peppin, General Manager Ms J Hartshorn, Executive Manager - Administration Mr K J Smith, Group Manager - Environmental & Community Services Mr B Olsen, Manager - Building & Development APOLOGIES An apology for unavoidable absence and a request for leave of absence from the meeting was received from Councillor Maroun. A MOTION was MOVED by Councillor Elliott and SECONDED by Councillor Doust - That the apology from Councillor Maroun be accepted and leave of absence from the meeting be granted. The MOTION was PUT to the meeting and was CARRIED. Decision Under Delegated Authority That the apology from Councillor Maroun be accepted and leave of absence from the meeting be granted. DECLARATIONS OF INTERESTS Councillors Doust declared an interest in Item D.34 (19, 19A & 19B George Street, Burwood – Proposed residential flat building – Amended Development Application No. D18/00 – Further report) due to a relative’s interest in nearby property.

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BUILDING & DEVELOPMENT COMMITTEEREPORT NO 22/00

A meeting of the BUILDING & DEVELOPMENT COMMITTEE of this Council was heldin the Council Chambers, First Floor, 2 Conder Street, Burwood, on 16 May 2000 at 6.26pm.

ATTENDANCE Councillor A BertoneCouncillor A DoueihiCouncillor D Doust (Mayor)Councillor B ElliottCouncillor C Livingstone (Chairperson)Councillor P O'Neill

Mr P Peppin, General ManagerMs J Hartshorn, Executive Manager - AdministrationMr K J Smith, Group Manager - Environmental & Community

ServicesMr B Olsen, Manager - Building & Development

APOLOGIES

An apology for unavoidable absence and a request for leave of absence from the meeting wasreceived from Councillor Maroun.

A MOTION was MOVED by Councillor Elliott and SECONDED by Councillor Doust -

That the apology from Councillor Maroun be accepted and leave of absence from the meetingbe granted.

The MOTION was PUT to the meeting and was CARRIED.

Decision Under Delegated Authority

That the apology from Councillor Maroun be accepted and leave of absence from themeeting be granted.

DECLARATIONS OF INTERESTS

Councillors Doust declared an interest in Item D.34 (19, 19A & 19B George Street,Burwood – Proposed residential flat building – Amended Development Application No.D18/00 – Further report) due to a relative’s interest in nearby property.

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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CONFIRMATION OF MINUTES OF COMMITTEE MEETINGRecommendation

That the Minutes of the following meetings:

A. Ordinary Building and Development Committee Meetingheld on Tuesday, 18 April 2000 (Report No. 16/00)

B. Extraordinary Building and Development Committee Meetingheld on Wednesday, 26 April 2000 (Report No. 17/00)

C. Extraordinary Building and Development Committee Meetingheld on Wednesday, 26 April 2000 (Report No. 18/00)

D. Extraordinary Building and Development Committee Meetingheld on Wednesday, 26 April 2000 (Report No. 19/00)

E. Extraordinary Building and Development Committee Meetingheld on Wednesday, 26 April 2000 (Report No. 20/00),

as typed and circulated, be confirmed and signed as a true record of the proceedings of thosemeetings.

Councillor Elliott left the meeting at this point (6.39pm).

A MOTION was MOVED by Councillor O'Neill and SECONDED by Councillor Doust –

A. That the Minutes of the following meetings:

1. Ordinary Building and Development Committee Meetingheld on Tuesday, 18 April 2000 (Report No. 16/00)

2. Extraordinary Building and Development Committee Meeting held onWednesday, 26 April 2000 (Report No. 18/00)

3. Extraordinary Building and Development Committee Meeting held onWednesday, 26 April 2000 (Report No. 19/00)

4. Extraordinary Building and Development Committee Meeting held onWednesday, 26 April 2000 (Report No. 20/00),

as typed and circulated, be confirmed and signed as a true record of the proceedingsof those meetings.

B. That the Minutes for the Extraordinary Building and Development CommitteeMeeting held on 26 April 2000 (Report 17/00) be amended by the inclusion of anote to the effect that Councillor Livingstone despite being granted Leave ofAbsence from meeting, did not request any Councillor to submit a request for Leaveof Absence on his behalf and that the amended Minutes be re-submitted to the nextmeeting of the Building & Development Committee for confirmation.

The MOTION was PUT to the meeting and was CARRIED UNANIMOUSLY.

Decision under Delegated Authority

A. That the Minutes of the following meetings:

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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1. Ordinary Building and Development Committee Meetingheld on Tuesday, 18 April 2000 (Report No. 16/00)

2. Extraordinary Building and Development Committee Meeting held onWednesday, 26 April 2000 (Report No. 18/00)

3. Extraordinary Building and Development Committee Meeting held onWednesday, 26 April 2000 (Report No. 19/00)

4. Extraordinary Building and Development Committee Meeting held onWednesday, 26 April 2000 (Report No. 20/00),

as typed and circulated, be confirmed and signed as a true record of theproceedings of those meetings.

B. That the Minutes for the Extraordinary Building and Development CommitteeMeeting held on 26 April 2000 (Report 17/00) be amended by the inclusion of anote to the effect that Councillor Livingstone despite being granted Leave ofAbsence from meeting, did not request any Councillor to submit a request forLeave of Absence on his behalf and that the amended Minutes be re-submittedto the next meeting of the Building & Development Committee forconfirmation.

Councillor Elliott returned to the meeting at this point (6.41pm).

INFORMATION ITEMS

MATTERS DEFERRED FROM PREVIOUS MEETINGS

Building & Development Committee Meeting – 20 July 1999

Item No. Item Name Present Position

(D.51) 11 Woodside Avenue, Burwood – New TwoStorey Dwelling – Development Application

Deferred for redesign.

Extraordinary Building & Development Committee Meeting – 14 December 1999

Item No. Item Name Present Position

(BDM.36) 55 & 57 Park Road, Burwood – RezoningApplication from residential 2(b1) to residential2(c1) under Burwood Planning SchemeOrdinance to Erect a Pair of Three StoreyResidential Flat Building – Requests forReconsideration of Council’s Refusal to Proceedwith the Exhibited Draft LEP

Deferred to a time andplace to be determined bythe Chairman of theBuilding & DevelopmentCommittee (Clr ClydeLivingstone) inconsultation with theMayor.

Building & Development Committee Meeting – 18 January 2000

Item No. Item Name Present Position

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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(D.5) 184 Liverpool Road, Enfield – Installation ofAbove Ground 7.5KL LPG Gas Tank at ExistingService Station – Amended DevelopmentApplication No D519/98

Deferred to enable issuesraised at the CommitteeMeeting to be addressed.

DEVELOPMENT APPLICATIONS RECEIVED FROM 12 APRIL 2000TO 8 MAY 2000

D-30

REPORT BY GROUP MANAGER, ENVIRONMENTAL & COMMUNITY SERVICES

1. 119 Wentworth Road, Strathfield – Rear addition and new roof to an existing garageat the rear of an existing dwelling – 235/199/D1-D145/00.

2. Kiosk 6, 100 Burwood Road, Burwood – Fitout for a shoe repair, watch service, keycutting and engraving shop (Minit Australia) – 40/100K6/D1-D146/00.

3. Food Court 2, 100 Burwood Road, Burwood – Shop fitout for McDonalds –40/100FC2/D1-D147/00.

4. 96 Portland Street, Croydon Park – Demolition of a fire damaged dwelling –177/96/D1-D148/00.

5. 98-114 Burwood Road, Burwood – External signage to building facades at the newWestfield – 40/100/D4/D149/00.

6. 8 Acton Street, Croydon – Demolition of existing dwelling and construction of a newsingle dwelling – 1/8/D1-D150/00.

7. 16 Culdees Road, Burwood Heights – Rear addition and new carport to the side of anexisting dwelling - 66/16/D1-D151/00.

8. Shop 241, 100 Burwood Road, Burwood – Shop fitout for Katie’s Fashions –40/100SH241/D1-D152/00.

9. 53 Badminton Road, Croydon – Rear addition to an existing dwelling – 16/53/D2-D153/00.

10. Shop 115, 100 Burwood Road, Burwood – Fitout for a retail fashion shop –40/100SH115/D1-D154/00.

11. 73 Woodside Avenue West, Strathfield – Alterations and additions to an existingdwelling – 241/73/D1-D155/00.

12. Shop 232, 100 Burwood Road, Burwood – Fitout for a ladies fashion shop –40/100SH23/D156/00.

13. Shops 121 and 122, 100 Burwood Road, Burwood – Fitout for a sportswear store –40/100SH121/D1-D157/00.

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14. 7 Bold Street, Burwood – New front and side fence to an existing dwelling –29/7/D1-D158/00.

15. 3 Meryla Street, Burwood – A patio awning at the rear of an existing dwelling –149/3/D1-D159/00.

16. 26 Emu Street, Strathfield – Double carport in front of an existing dwelling –78/26/D1-D160/00.

* 17. 11 Wyatt Avenue, Burwood – Demolition of a freestanding garage and part of anextension to the rear of an existing dwelling and construction of a residential flatbuilding consisting of 5 x 3 bedroom 2-storey townhouses above a basementcarparking level – 244/11/D5- 161/00.

18. 8 Kelso Street, Burwood Heights – New double garage with toilet to the rear of anexisting dwelling – 120/8/D1-D162/00.

19. Shop 150, 100 Burwood Road, Burwood – Shop fitout for Rabbit Photo Processing –40/100SH150/D1-D163/00.

20. Shop 120, 100 Burwood Road, Burwood – Fitout for a menswear shop –40/100/SH120/D1-D164/00.

21. Food Court 8, 100 Burwood Road, Burwood – Fitout for an Indian Takeaway Foodshop – 40/100FC8/D1-D165/00.

* 22. 23 Wyatt Avenue, Burwood – Erection of 5 x 3 bedroom 2-storey townhouses at therear of an existing single storey dwelling with basement carparking and to subdivideinto 2 new allotments – 244/23/D1-D166/00.

23. 14 Mount Pleasant Avenue, Burwood – New carport in front of an existing dwelling– 160/14/D1-D167/00.

24. Shop 258-260, 100 Burwood Road, Burwood – Fitout for a clothing and cosmeticsshop – 40/100SH258/D1-D168/00.

25. Shop 4, 100 Burwood Road, Burwood – Shop fitout for Woolworths –40/100Sh4/D1-D169/00.

26. Shop 3, 100 Burwood Road, Burwood – Shop fitout for Target – 40/100SH3/D1-D170/00.

27. Shop 2, 100 Burwood Road, Burwood – Shop fitout for Coles – 40/100SH2/D2-D171/00.

28. Shop 5, 100 Burwood Road, Burwood – Shop fitout for K-mart – 40/100SH5/D1-D172/00.

29. 11 Angel Road, Strathfield – Front verandah and front fence to an existing dwelling –6/11/D1-D173/00.

30. 184 Liverpool Road, Enfield – Erection of a new building for use as a car detailing

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shop adjoining to the rear of an existing service station building – 137/184/D6-D174/00.

31. 3A Church Street, Burwood – New carport in front of an existing dwelling –53/3A/D1-D175/00.

32. Shop 208, 100 Burwood Road, Burwood – Fitout for a menswear shop –40/100SH208/D1-D176/00.

33. Shop 154, 100 Burwood Road, Burwood – Fitout for a clothing and footwear shop –40/100SH154/D1-D177/00.

34. 37 Angelo Street, Burwood – Demolition of an existing boarding house – 7/37/D1-D178/00.

35. Shop 306, 100 Burwood Road, Burwood – Shop fitout for Optus World –40/100SH306/D1-D179/00.

36. 46 Arthur Street, Croydon – Alterations and additions to an existing dwelling –13/46/D1-D180/00.

37. 64 Coronation Parade, Enfield – Rear addition to an existing dwelling – 62/64/D1-D181/00.

38. Shop 101, 100 Burwood Road, Burwood – Shop fitout for a Turkish style restaurantand takeaway – 40/100SH101/D1-D182/00.

39. 31 Stanley Street, Burwood – New carport to the side and privacy screen on thenorthern boundary fence of an existing dwelling – 209/31/D1-D183/00.

40. Shops 104 & 105, 100 Burwood Road, Burwood – Fitout for a clothing andaccessories shop – 40/100SH104/D1-D184/00.

41. Shop Nos. 245 & 246, 100 Burwood Road, Burwood – Fitout for a fashion shop –40/100SH245/D1-D185/00.

42. Shop No. 311, 100 Burwood Road, Burwood – Shop fitout for Mansours –40/100SH311/D1-D186/00.

43. Shop 310, 100 Burwood Road, Burwood – Shop fitout for a bargain shop –40/100SH310/D1-D187/00.

44. Shop 361, 100 Burwood Road, Burwood – Shop fitout for a Post Office -40/100SH361/D1-D188/00.

45. Shop 157, 100 Burwood Road, Burwood – Shop fitout for Just Jeans –40/100SH157/D1-D189/00.

46. 49 Portland Street, Enfield – Demolish existing garage and replace with a new garageat the rear of an existing dwelling – 177/49/D1-D190/00.

47. 84 & 86 The Boulevarde, Strathfield – Fence to front boundary of existing office

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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buildings – 219/84/D1-D191/00.

48. Food Court 5, 100 Burwood Road, Burwood – Shop fitout for KFC –40/100FC5/D1-D192/00.

49. Kiosk 8, 100 Burwood Road, Burwood – Fitout for a food kiosk selling sushi –40/100K8/D1-D193/00.

50. Kiosk 5, 100 Burwood Road, Burwood – Shop fitout for New Zealand Icecream –40/100K5/D1-D194/00.

51. 340 Liverpool Road, Enfield – Change of use from a laundromat on G/F andresidential on 1/F to a dental laboratory on 1/F and alterations to an existing building– 137/340/D1-D195/00.

52. 15 Mina Rosa Street, Enfield – Enclosure of front verandah to an existing dwelling –153/15/D1-D196/00.

*To be referred to Council for determination.

DELEGATION OF AUTHORITY

The Building & Development Committee determined all the items on the agenda underdelegated authority:

(D.32) 10 CLARENCE STREET BURWOOD - PROPOSED CHILD CARECENTRE -DEVELOPMENT APPLICATION NO.D9/00

55/10/D1- D9/00

Mr G King (speaking on behalf of Dr T Connolly – a resident), Mr M Sukkar (speakingon behalf of the Applicant), Mr R Hampton (speaking on behalf of the Applicant) andMr Avinash (speaking on behalf of the Applicant) addressed the Committee.

Recommendations

A. That Development Application number D9/00 for a Childcare Centre at 10 ClarenceStreet Burwood, be REFUSED for the following reasons:

1. The intensity of the proposal is considered to be an over development of the sitewhich will impact on the residential amenity of the Residential 2(a) zoning.

2. The proposal does not satisfactorily comply the open space requirement provisionsof Council’s code for Single Dwelling Houses.

3. The proposal does not include a clear delineation between the residential dwellinghouse and the Childcare Centre at the rear.

4. The proposal does not provide suitable separated access to the rear of the site forthe childcare centre.

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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5. The proposal does not provide adequate parking to the dwelling or for the proposedchild care centre and does not comply with the minimum requirements for off-streetcar parking under the RTA guidelines.

6. The proposal does not provided adequate disabled access to the Child Care Centre.

7. The current proposal will necessitate pick up and drop off of children fromClarence Street which because of the shortage of on-street parking, will result inparents/cares double parking in Clarence Street in front of the building.

B. That the correspondents be advised accordingly.

A MOTION was MOVED by Councillor Doust and SECONDED by Councillor O'Neill –

That the recommendations be adopted.

An AMENDMENT was MOVED by Councillor Doueihi an SECONDED by CouncillorLivingstone -

That the application be deferred to permit further consultation between Council staff andthe Applicant in order to resolve issues of contention.

The AMENDMENT was PUT to the meeting and was LOST.

The MOTION was PUT to the meeting and was CARRIED.

Decision under Delegated Authority

That the recommendations be adopted.

(NOTE: A RESCISSION MOTION in relation to the above decision was submitted tothe General Manager at 7.30am on 17 May 2000. The Rescission Motion was signed byCouncillors Doueihi, Livingstone and Maroun).

(D.33) 13 ARTHUR STREET, CROYDON – ERECTION OF ADETACHED DUAL OCCUPANCY AND AN ADDITIONAL VEHICULARCROSSING – AMENDED DEVELOPMENT APPLICATION NO. D247/99

13/3/D1-D247/99

Mr W Boyle (speaking on behalf of the Applicant) addressed the Committee.

Recommendations

A. That amended Development Application No. D247/99 to erect a detached DualOccupancy at the rear of No. 13 Arthur Street, Croydon and an additional vehiclecrossing be APPROVED subject to the following conditions:

1. The development being carried out in accordance with the plans and

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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specifications submitted on 20 April 2000, except where amended by theconditions of consent.

2. The fees and/or bonds shown in the Table of Fees, are to be paid to Council oranother approved collection agency (the Long Service Levy Corporation and itsagents and an approved insurer under the Home Building Act 1989) andsuitable evidence of payment is to be provided to the Principal CertifyingAuthority before a Construction Certificate is issued.

TABLE OF FEES

FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATEDBODY PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE

3. An inspection fee of $258 is to be paid to Council prior to the release of theConstruction Certificate.

This fee is for six (6) inspections as itemised hereunder and any additionalinspections, including re-inspections, shall be levied and paid to Council uponbooking of an appointment at the rate of $43.00 per half hour or part thereof.

(√) Slab Steel ( ) Subsurface Drainage ( ) Wall Frame(√) Water Proofing ( ) Pier Holes ( ) First Floor Frame( ) Footings Steel (√) Roof Frame ( ) Dampcourse( ) Structural Steel ( ) Bearers and Joists (√) Stormwater(√) Final ( ) Other

4. Damage Deposit - security deposit against damage occurring to Council'sfootpath and kerb and gutter during building work . $1,600(Payment to be made to Council prior to issue of construction certificateand/or commencement of demolition/bulk excavation)

NOTE: This deposit is refundable if no damage occurs.

5. Building and Construction Industry Long ServiceCorporation levy $160(Payment to be made to Council, the Corporation or its Agent)

6. Construction by Council of the proposed Vehicular Crossing and if applicableremoval of existing redundant Vehicular Crossing $1,650(Payment to be made to Council)

7. Samples and details of all external surface materials being submitted for Council'sapproval, prior to the issuing of a Construction Certificate.

8. Demolition or construction work including deliveries of materials, etc, whichwould result in footpaths and/or roads being blocked shall not be carried out onSaturdays.

9. The applicant shall take all necessary precautions to adequately protect

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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adjoining properties during demolition. This shall include the submission toCouncil of specific details of the protection to be employed prior to demolitioncommencing.

10. Prior to the issuing of an Occupation Certificate Council is to receive apayment of pro-rata fees for and receipt from Council of mobile garbage binsfor the development.

The weekly fee is $2.14 for each residential flat building unit, and $4.28 foreach townhouse or villa.

11. The olive tree located in the front yard can be removed without furtherapproval from Council.

12. Attention is drawn to the existence of a Tree Preservation Order within thewhole of the Burwood Council area which prohibits the ring-barking, cuttingdown, chopping, lopping, removing, injuring or willful destruction of any treeexcept with the written consent of Council. Written approval is required beforeany tree is damaged, lopped or removed.

13. The garage being used for car parking only and not for habitable, a commercialor industrial purposes.

14. Four (4) car spaces are to be provided (two for each dwelling), having a clearwidth of 2.6m, a depth of 5.5m and a minimum of 2.1m head clearance.

15. The car parking spaces are to be paved to Council’s satisfaction.

16. The vehicle turning area at the rear is to be a minimum of 3.0m in width and5.5m in depth and located a minimum of 2.5m from the new dwelling.

17. The minimum of 50m2 of landscaped area is to be provided for each dwelling,excluding the vehicle turning area. Amended plans are to be submitted forapproval prior to the issue of a Construction Certificate.

18. Submission of a landscaping plan for Council’s approval.

19. The landscaping of the site being carried out in accordance with the approvedlandscape plan prior to the issuing of an Occupation Certificate. Thelandscaping is to be maintained for a minimum period of two (2) years from thedate of the Occupation Certificate.

20. Submission of a Section 73 Compliance Certificate from Sydney Water.

21. This consent does not extend to any proposed subdivision of the site.

22. All works are to be located within the subject property boundaries.

23. The attic storeroom is not to be used for habitable purposes.

24. The gable roof at the rear of the new dwelling (adjacent to northern boundary)is to be altered to a conventional hipped roof. Plans with this amendment are

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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to be submitted for approval prior to the issue of a Construction Certificate.

25. Where residential building work (within the meaning of the Home BuildingAct 1989) is proposed to be carried out, either of the following is to beprovided to the Principal Certifying Authority prior to the issuing of aConstruction Certificate:-

(i) Where work is carried out by a licensed tradesman or builder:

(a) written advice of the licensee's name and contractor licence number, and(b) a certificate purporting to be issued by an approved insurer under Part 6

of the Home Building Act 1989 to the effect that a person is the holder ofan insurance contract issued for the purposes of that Part.

OR

(ii) Where work is carried out by an owner-building:-

(a) written advice of the person's name and Owner-Builder Permitnumber, or

(b) a signed declaration from the owner of the land that states thereasonable market cost of the labour and materials involved in thework is not high enough for the owner to need an Owner-Builder'sPermit to do the work.

26. Toilet facilities are to be provided, at or in the vicinity of the work site at therate of one toilet for every 20 persons or part of 20 persons employed at thesite. Each toilet provided:(a) must be a standard flushing toilet, and(b) must be connected:

(i) to a public sewer, or(ii) to an approved chemical closet facility.

The toilet facilities are to be completed before any other work is commenced.

27. All building work must be carried out in accordance with the provisions of theBuilding Code of Australia.

28. Your attention is directed to the following:-

WARNING

Building plans which form part of a Construction Certificate and are suitablyendorsed must be submitted to Sydney Water, Cnr Pitt and Bathurst Streets,Sydney, or Shop 3a/57 The Mall, at least fourteen (14) days before thecommencement of work.

The applicant will need to complete Sydney Water's application form on whichthe following information is required:-

a. The address of the property (including Lot number and Deposited Plannumber) and its location in relation to the nearest cross street. If these

MINUTES OF BUILDING & DEVELOPMENT COMMITTEE – TUESDAY 16 MAY 2000

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particulars are not known, a sketch will need to be supplied.

b. The name and address of the owner and the builder.

c. The type of building and type of construction, the estimated cost and theprobable date of completion.

The plans and application will be submitted firstly to the Building Plan Sectionto ensure that the proposed structure meets with the requirements of the Board'sBy-laws concerning:-

a. Location of sanitary fixtures;b. Relationship of the building to water-mains, sewers and stormwater

channels;

and secondly, to the Valuations Section for valuing purposes in connectionwith Section 97(a) and (7) of Sydney Water Act and for the calculation of a feein accordance with By Law 7(1)(a) of Sydney Water Act.

FAILURE TO SUBMIT THESE PLANS BEFORE COMMENCING WORKWILL RENDER THE OWNER LIABLE TO A PENALTY AND MAYRESULT IN THE DEMOLITION OF THE WORK AT THE BUILDER'SEXPENSE.

29. No work involving the use of mechanical plant and equipment being carriedout other than between the hours of 7am - 5.30pm Monday to Fridays and 7am- 1pm on Saturdays, with no work at all being carried out on Sundays andPublic Holidays.

30. The building works are to be inspected during construction by Council or anappropriate Accredited Certifier at the stages of construction listed in thefollowing schedule and a Compliance Certificate verifying that the constructionsatisfies the standards specified in the Building Code of Australia or in thisapproval is to be submitted to the Principal Certifying Authority beforeproceeding beyond the relevant stage of construction.

31. SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

GENERAL BUILDING WORK

a. Commencement/pier holes/trenches/steel reinforcement and preliminaryworks prior to pouring concrete.

b. Excavation/foundation material.(particularly where a plastic membrane is to be provided)

c. Dampcourse.d. Floor, wall and roof frame.e. Flashing and damp-proofing of wet areas (bathrooms, laundries, ensuites

and WC) prior to fixing of internal linings.f. Stormwater drains.g. Completion of building works (including painting).

32. Structural engineer's details prepared and certified by an Accredited Certifier or

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practising Structural Engineer for all reinforced concrete and structuralmembers being submitted to the Principal Certifying Authority for approval.

33. Timber sizes and the framework in general are to conform with therequirements of Australian Standard 1684 "Timber Framing Code".

34. The walls of the dwelling being constructed at least 900mm from the sideboundaries of the allotment.

35. (vide clause 44 Environmental Planning & Assessment (Savings andTransitional) Regulation)

36. The outer edge of the eave gutter is to be not closer than 675mm from the sideboundaries of the allotment, or constructed in accordance with Section 57(4) ofthe Local Government (Approvals) Regulation, 1993.

(vide clause 44 Environmental Planning & Assessment (Savings andTransitional) Regulation)

37. All external doors and exposed timber being painted to Council's satisfaction.

38. All plumbing and drainage work being carried out by licensed tradesmen and inaccordance with the regulations of Sydney Water.

39. The floor of the wet areas being of a material impervious to moisture andgraded and drained to the sewers of Sydney Water.

40. Paved areas are to be graded and drained to the requirements of the PrincipalCertifying Authority.

41. The dwelling being equipped with a smoke alarm system as required by Part3.7.2 of the Building Code of Australia housing Provisions and in accordancewith the enclosed information sheet.

Mains powered smoke alarms complying with AS 3786 are to be installed at ornear the ceiling in:-

(a) any storey containing bedrooms -(i) between each part containing bedrooms and the remainder; and(ii) where bedrooms are served by a hallway, in that hallway; and

(b) any other storey not containing bedrooms.

Details of the method of complying with this requirement must be noted on theplans or in the specifications prior to the issuing of a ConstructionCertificate.

42. Safety glazing complying with B1.3 of the Building Code of Australia used inevery glazed door or panel that is capable of being mistaken for a doorway orunimpeded path of travel. The glazing must comply with Australian Standard1288 - Glass in Buildings - Selection and Installation. Details of the methodof complying with this requirement must be noted on the plans or in the

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specifications.

43. Framed panels or doors enclosing or partially enclosing a shower or bath shallbe glazed with "A" or "B" grade safety glazing material in accordance withAustralian Standard 1288, Table 4.5 SAA Glass Installation Code (HumanImpact Considerations) and B1.3 of the Building Code of Australia. Details ofthe method of complying with this requirement must be noted on the plans orin the specifications.

44. All activities and works external to the site, or that affect public roads, are to becarried out in accordance with Council’s Code for Activities Affecting Roads.

45. A road-opening permit shall be obtained for all works carried out in public orCouncil controlled lands. Restoration of landscaping, roads and paths shall becarried out by Council at the applicant’s expense in accordance with Council’srestoration rates.

46. Spoil and building materials shall not be placed, stored or caused to fall withinany public roadway or footpath. Waste containers shall be placed inaccordance with Council’s Code for Activities Affecting Roads and thepayment of the appropriate fees.

47. The builder is to ensure footpaths and roads affected by construction works arekept safe and prevent any damage to Council property. The builder shall erectand maintain where necessary approved hoardings, barricades, warning signsand night warning lamps to ensure public safety. Pedestrian access across thefootpath must be maintained at all times.

48. A detailed drainage study shall be prepared by a competent practicinghydraulic/civil engineer and submitted to the Principal Certifying Authority.

a) The study shall demonstrate that the development has no adverse effectson adjoining properties as a result of flooding and stormwater runoff andthat there is adequate protection for buildings against the ingress ofsurface runoff.

b) The drainage study is to be reviewed by Council or an AccreditedCertifier - Civil Engineering. The Principal Certifying Authority is to beprovided with a Compliance Certificate verifying that this condition hasbeen complied with, prior to the issuing of a Construction Certificate.

49. Stormwater runoff from all roof and paved surfaces shall be collected anddischarged by means of a gravity pipe system to the street gutter.

50. A detailed drainage design shall be submitted to the Principal CertifyingAuthority.

a) The design and calculations shall indicate the details of the proposedmethod of stormwater disposal and shall be prepared by a competentpracticing hydraulic/civil in accordance with Council's StormwaterManagement Code.

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b) Allowance shall be made for surface runoff from adjacent properties, andto retain existing surface flow path systems through the site. Anyredirection or treatment of these flows shall not adversely affect any otherproperty.

c) Overflow paths shall be provided to allow for flows in excess of thecapacity of the pipe/drainage system draining the site, as well as from anyon-site stormwater detention storage.

d) The design is to be reviewed by Council or an Accredited Certifier - CivilEngineering. The Principal Certifying Authority is to be provided with aCompliance Certificate verifying that this condition has been compliedwith, prior to the issuing of a Construction Certificate.

51. Details and calculations shall be prepared by a competent practicinghydraulic/civil engineer. They shall include:

(a) a catchment plan,

(b) plans showing proposed and existing floor, ground and pavement levelsto AHD,

(c) details of pipelines/channels showing calculated flows, velocity, size,materials, grade, invert and surface levels,

(d) details and dimensions of pits and drainage structures,

(e) hydrologic and hydraulic calculations,

(f) details of any services near to or affected by any proposed drainage line,

(g) any calculations necessary to demonstrate the functioning of anyproposed drainage facility is in accordance with Council's requirements.

(h) The depth and location of any existing stormwater pipeline and/orchannel being connected to shall be confirmed by the applicant on site. Certification of such is to be provided to Council prior to the release ofthe construction certificate.

The details and calculations are to be reviewed by Council or an AccreditedCertifier - Civil Engineering. The Principal Certifying Authority is to beprovided with a Compliance Certificate verifying that this condition has beencomplied with, prior to the issuing of a Construction Certificate.

52. On-site stormwater detention storage shall be provided in conjunction with thestormwater disposal system.

a) This storage shall be designed by a competent practicing hydraulic/civilengineer in accordance with Council's Stormwater Management Codeand submitted to the Principal Certifying Authority.

b) The design is to be reviewed by Council or an Accredited Certifier - Civil

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Engineering. The Principal Certifying Authority is to be provided with aCompliance Certificate verifying that this condition has been compliedwith, prior to the issuing of a Construction Certificate.

53. An easement in favour of Lot 100 DP 687 shall be obtained over Lot 102 DP 687traversed by the gravity drainage line connecting to Council's drainage system.The conditions regarding the easement are as follows:-

a) The cost of creating the easement will be at the applicant's expense.

b) For pipes less than 350mm diameter, the easement width shall be aminimum of 0.9m. Easements for larger diameter pipes shall be the pipediameter plus 1.0m wide, with a minimum width of 2.4m.

c) The easement shall be registered on the title of the relevant lot(s) andlodged with the Land Titles Office. Proof of lodgement of the easementwith the Land Titles Office shall be provided to the Principal CertifyingAuthority, prior to the issuing of a Construction Certificate.

54. The stormwater works on the development property and connection toCouncil's stormwater system are to be inspected during construction by acompetent practicing hydraulic/civil engineer. The inspections are to be carriedout at the stages of construction listed in the following schedule. ACompliance Certificate verifying that the construction is in accordance with theapproved design, this development consent and satisfies the relevant AustralianStandard is to be submitted to the Principal Certifying Authority beforeproceeding beyond the relevant stage of construction.

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

a) Following placement of pipe bedding material. Confirm trench/pipelocation, adequacy of depth of cover, bedding material and depth.

b) Following joining of pipes and connection to Council's stormwatersystem.

c) For on-site detention systems:-

i) Following set out of detention tank/area to confirm area andvolume of storage.

ii) Following placement of weep-holes, orifice and/or weir flowcontrol, outlet screen and overflow provision.

d) Following backfilling. Confirm adequacy of backfilling material andcompaction.

55. Following completion of all drainage works:-

a) Works-as-executed plans, prepared and signed by a registered surveyor,shall be prepared. These plans shall include levels and location for alldrainage structures and works, buildings (including floor levels) andfinished ground and pavement surface levels. These plans are to be

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reviewed by the competent practicing hydraulic/civil engineer thatinspected the works during construction.

b) The Principal Certifying Authority is to be provided with a ComplianceCertificate from a competent practicing hydraulic/civil engineer. TheCompliance Certificate shall state that all stormwater drainage andrelated work has been constructed in accordance with the approved plansand consent conditions as shown on the work-as-executed plans, prior tothe issuing of an Occupation Certificate.

56. Habitable floor levels shall be a minimum of 150mm above the surroundingfinished ground levels. Garage floor levels shall be a minimum of 100mmabove the surrounding finished ground levels.

57. A Positive Covenant under Section 88E of the Conveyancing Act shall becreated on the title of the property(s) detailing the On-site StormwaterDetention System incorporated in the development. The wording of theInstrument shall include, but not be limited, to the following:-

a) The proprietor of the property agrees to be responsible for keeping clearand the maintenance of the facilities consisting of an On-site StormwaterDetention System.

b) The proprietor agrees to have the facilities inspected annually by acompetent practicing hydraulic/civil engineer.

c) The Council shall have the right to enter upon the land referred to above,at all reasonable times to inspect, construct, install, clean repair andmaintain in good working order the facilities in or upon the said land; andrecover the costs of any such works from the proprietor.

d) The registered proprietor shall indemnify the Council and any adjoiningland owners against damage to their land arising from failure of anycomponent of the facilities.

The applicant shall bear all costs associated with the preparation of the88E Instrument. The wording of the Instrument shall be submitted to,and approved by Council prior to lodgement at the Land Titles Office. Evidence that the Instrument has been registered at the Land Titles Officeshall be submitted to Council, prior to issuing of an OccupationalCertificate.

58. The pump system is only permitted for the drainage of the basement areaswhere the finished slab is below the ground level. The following conditions areto be satisfied:-

a) A pump and rising main design shall be submitted to the PrincipalCertifying Authority and shall satisfy the following conditions:-

i) The holding tank for the pump shall be capable of storing runofffrom a one hour, 1 in 100 year ARI storm event.

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ii) The pump system shall consist of two (2) pumps, connected inparallel, with each pump being capable of emptying the holdingtank at a rate equal to the lower of the allowable on site detentiondischarge rate, or the rate of inflow for the one hour duration storm.

iii) An overflow, flashing light and audible alarm are to be provided, towarn of pump failure.

iv) Full details of the holding tank, pump type, discharge rate and thedelivery line size are to be documented.

v) Any drainage disposal to the street gutter, from a pump systemmust have a stilling sump provided at the property line, andconnected to the street gutter by a suitable gravity line.

vi) The capacity of the stilling sump and outlet pump shall bedetermined and verified by calculations which are to bedocumented.

b) Pumping system details shall be submitted to Council or an AccreditedCertifier - Civil Engineering. The Principal Certifying Authority is to beprovided with a Compliance Certificate verifying that this condition hasbeen complied with, prior to the issuing of a Construction Certificate.

c) The applicant shall submit written evidence to the Principal CertifyingAuthority that a contract has been let for the regular maintenance of thepump system for a minimum period of 12 months. Information to besubmitted to the Principal Certifying Authority prior to issuing of anOccupation Certificate.

B. That the objector be advised of Council’s decision.

A MOTION was MOVED by Councillor Bertone and SECONDED by CouncillorDoueihi–

That the recommendations be adopted, subject to clarification of the need for Condition58; If Condition 58 is not required, it is to be deleted from the consent conditions byCouncil staff, under delegated authority.

The MOTION was PUT to the meeting and was CARRIED UNANIMOUSLY.

Decision under Delegated Authority

That the recommendations be adopted, subject to clarification of the need forCondition 58; If Condition 58 is not required, it is to be deleted from the consentconditions by Council staff, under delegated authority.

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(D.34) NOS. 19, 19A & 19B GEORGE STREET, BURWOOD –PROPOSED RESIDENTIAL FLAT BUILDING – AMENDEDDEVELOPMENT APPLICATION NO. D18/00 – FURTHER REPORT

92/19/D1-D18/00

Having declared an interest in this matter earlier in the meeting, Councillor Doust didnot take part in the debate or the vote on the matter.

Recommendations

A. That Council is not satisfied that the objection under SEPP No 1 – DevelopmentStandards is well-founded and further, the granting of consent by Council to thisdevelopment application would not be consistent with the aims of such policy.

B. That amended Development Application D18/00 to erect an Part 4/Part 5 storeyResidential Flat Building containing 3 x 3 bed-room, 27 x 2-bedroom and 3 x 1 bed-room units with basement parking for fifty-two (52) vehicles at Nos. 19, 19A and19B George Street, Burwood, be REFUSED for the following reasons:

1. The proposal does not comply with the provisions of Clause 66 of the BurwoodPlanning Scheme Ordinance relating to density and landscaped area provisionsand the non-compliance’s are not acceptable.

2. The proposal is inconsistent with advice from the Department of Urban Affairsand Planning and Council’s Policy regarding the use of a SEPP No 1Objection.

3. The proposal is excessive in height, bulk and scale in relation to the size of thesite.

4. The proposal is inconsistent with the provisions of Draft Town CentreResidential LEP No. 40 in respect of Floor Space Ratio.

5. The height of the car parking area above ground is still considered excessiveand adds to the bulk and scale of the building.

6. The size and location of balconies to the eastern and western side and northernrear elevations is considered to have a material effect upon the privacy ofresidents in surrounding buildings.

The Chairperson read out a letter from Mr R Huang, Director of Eagle PacificConstruction Pty Ltd, requesting that Council not proceed with the application at thismeeting, but consider it at a later stage.

A MOTION was MOVED by Councillor O'Neill and SECONDED by Councillor Elliott –

That the letter from Eagle Pacific Construction Pty Ltd be accepted and the application beconsidered at a later date.

The MOTION was PUT to the meeting and was CARRIED.

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Decision under Delegated Authority

That the letter from Eagle Pacific Construction Pty Ltd be accepted and theapplication be considered at a later date.

(D.35) ILLUMINATED COMMERCIAL STREET SIGN AT CNR OFSEYMOUR STREET AND GEORGES RIVER ROAD – ALTEREDLOCATION OF SIGN POLE

94/GEORGES RIVER/D1

Recommendations

A. That Council agree to the relocation of the Identilite sign to a point 500mm to thenorth of the existing Energy Australia light pole in order to improve pedestrian andwheel chair access in that area.

B. That no objection be raised to the flag mounted pole design for this location.

C. That Claude Neon be requested to relocate the sign as soon as possible.

A MOTION was MOVED by Councillor O'Neill and SECONDED by Councillor Elliott –

That the recommendations be adopted.

The MOTION was PUT to the meeting and was CARRIED.

Decision under Delegated Authority

That the recommendations be adopted.

(BDM.7) NO. 84 QUEEN STREET, CROYDON – APPLICATION FORREZONING OF PREMISES CURRENTLY USED FOR A CONVENT –RESULTS OF PUBLIC EXHIBITION

180/84

Recommendations

A. That Council prepare a Draft Local Environmental Plan under Section 54 of theEnvironmental Planning & Assessment Act in respect of premises at No. 84 QueenStreet, Croydon and that the Department of Urban Affairs and Planning be advisedaccordingly.

B. That on completion of the preparation of the Draft Instrument, it be placed on formalexhibition under Section 66 of the Environmental Planning & Assessment Act 1979.

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C. That the applicant be advised in terms of Recommendations A and B above, and thatthey be requested, prior to the preparation of the Draft Plan, to provide a Statement ofHeritage Significance of the building details as to curtilage requirements for suchHeritage Item, the details and rationale to justify the use of the building as residentialflats to provide for its conservation, the likely works needed for the conversion of thebuilding into flats, along with an assessment of such effects and the specific meanswhereby off-street car parking, clothes drying and general outdoor recreationfacilities can be provided for the conversion of the building and the needs of thefuture residents.

A MOTION was MOVED by Councillor O'Neill and SECONDED by Councillor Doueihi–

That the recommendations be adopted.

The MOTION was PUT to the meeting and was CARRIED.

Decision under Delegated Authority

That the recommendations be adopted.

The meeting closed at 8.07pm.

CHAIRPERSON

(This report of the MEETING OF THE BUILDING & DEVELOPMENT COMMITTEE(No 22/00) was submitted to Council at its meeting on Tuesday, 23 May 2000 and wasaccepted).

GENERAL MANAGER MAYOR