canterbury city council · 2009. 3. 29. · the subject site is located on the western side of...

CANTERBURY CITY

COUNCIL

INDEPENDENT HEARING &

ASSESSMENT PANEL

6 APRIL 2009

INDEPENDENT HEARING & ASSESSMENT PANEL 6 APRIL 2009

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INDEPENDENT HEARING & ASSESSMENT PANEL

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

CENTRAL WARD

1 188-194 HALDON STREET, LAKEMBA: DEMOLITION OF SHOPS

AND CONSTRUCTION OF A THREE-STOREY MIXED

COMMERCIAL / RESIDENTIAL DEVELOPMENT WITH

BASEMENT CAR PARKING.....................................................................................4

EAST WARD

2 14-22 POOLE STREET, KINGSGROVE: DEMOLITION OF

STRUCTURES, CONSOLIDATION INTO ONE LOT AND

CONSTRUCTION OF UNIT DEVELOPMENT WITH

ASSOCIATED LANDSCAPING & CARPARKING, UNDER SEPP

(HOUSING FOR SENIORS OR PEOPLE WITH A DISABILITY)

2004...............................................................................................................................25

3 52B CHEVIOT STREET & 72A HAY STREET, ASHBURY:

SUBDIVISION OF TWO DRAINAGE RESERVES INTO 16 NEW

ALLOTMENTS ..........................................................................................................48

WEST WARD

4 186-190 KINGSGROVE ROAD, KINGSGROVE: DEMOLITION OF

STRUCTURE, CONSTRUCTION OF INDUSTRIAL UNITS AND

ASSOCIATED STRATA SUBDIVISION ON LOT 2.............................................53


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REPORT SUMMARIES

1 188-194 HALDON STREET, LAKEMBA: DEMOLITION OF SHOPS

AND CONSTRUCTION OF A THREE-STOREY MIXED


BASEMENT CAR PARKING

• This matter was referred by the City Development Committee on 12 March 2009 to the Independent Hearing and Assessment Panel for comment, due to variation of codes sought with regard to maximum floor space ratio and residential density.

• The application is seeking approval for the demolition of existing shops and the construction of a three-storey mixed commercial/residential development, containing a basement carpark, ground floor commercial tenancies, and 10 residential units over two levels.

• The development is permissible with Council consent within the General Business 3(a) zone under Local Environmental Plan No. 178 – Belmore/Lakemba Precinct.

• The development application has been assessed against the relevant provisions contained within Development Control Plans 9, 15, 20, 29, 32, 45 and 48. The application is generally compliant except that it seeks minor variations to the height and density requirements of our Business/Retail Development Code (DCP 15). The variations are discussed in the report.

• The application was notified in accordance with our Notification Policy and no submissions were received.

• The Director City Planning has recommended the application be approved subject to conditions.




ASSOCIATED LANDSCAPING & CARPARKING, UNDER SEPP

(HOUSING FOR SENIORS OR PEOPLE WITH A DISABILITY)

2004

• It is proposed to demolish existing structures, consolidate the five existing lots into one lot and construct an 18 unit residential development, under the Housing for Seniors or People with a Disability State Environmental Planning Policy (SEPP) with associated landscaping and carparking.

• The proposed development is permissible under SEPP (Housing for Seniors or People with a Disability) 2004.

• The proposed development has been assessed against the provisions contained within SEPP (Housing for Seniors or People with a Disability) 2004 and SEPP 2004 (Building Sustainability Index: BASIX). The proposal generally satisfies the relevant provisions contained within each of these policies.


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• The application was notified in accordance with the requirements of DCP 32 – Notification Policy. Eight individual submissions and a petition signed by 28 households were received in response. The issues raised in the submissions and our responses to those issues are provided in the body of this report.

• The Director City Planning has recommended the development application be approved subject to conditions.


SUBDIVISION OF TWO DRAINAGE RESERVES INTO 16 NEW

ALLOTMENTS

• It is proposed to subdivide two existing lots currently used as a drainage reserve into 16 allotments to allow for the sale of this land to adjoining property owners.

• The subject sites are zoned Residential 2(a) under the provisions of the Canterbury Local Environmental Plan 138 – Canterbury Precinct. The proposed development is permissible subject to Council’s consent.

• The proposal has been assessed against our relevant codes and policies. A variation is being sought with regards to the subdivision requirements of Development Control Plan (DCP) 30 – Subdivision of Land which is discussed in the body of this report.


4 186-190 KINGSGROVE ROAD, KINGSGROVE: DEMOLITION OF

STRUCTURE, CONSTRUCTION OF INDUSTRIAL UNITS AND

ASSOCIATED STRATA SUBDIVISION ON LOT 2

• It is proposed to demolish existing structures, construct 29 industrial units and strata subdivide the development site into 29 strata lots.

• The proposal is permissible with our consent within the 4(b) Light Industrial zone under the Canterbury Planning Scheme Ordinance.

• The development has been assessed against the provisions contained within Canterbury Planning Scheme Ordinance 1970, Council’s Development Control Plan 9 – Non-Residential Buildings Adjoining Residential Zones, Development Control Plan 20 – Car Parking Code, Development Control Plan 21 – Industrial Development Code, Development Control Plan 29 – Crime Prevention Through Environmental Design, Development Control Plan 45 – Landscape and Development Control Plan 48 – Waste Management. The proposal generally satisfies the relevant provisions contained within each of these plans/policies.

• The application was notified in accordance with the requirements of DCP 32 – Notification Policy. One submission was received in response. The issues raised in the submission and our responses to those issues are provided in the body of this report.



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CENTRAL WARD

1 188-194 HALDON STREET, LAKEMBA: DEMOLITION OF

SHOPS AND CONSTRUCTION OF A THREE-STOREY MIXED


BASEMENT CAR PARKING

FILE NO: 386/188D PT5

REPORT BY: DIRECTOR CITY PLANNING

Ward: CENTRAL

D/A No: DA-92/2008

Applicant:

Owner:

AMFLO Architects

Northpalm Constructions P/L, S & A Mina

Zoning: General Business 3(a) under Local Environmental

Plan No. 178 – Belmore/Lakemba Precinct

Application Date: 25 February 2008, most recent information

received 2 March 2009

Summary:

• This matter was referred by the City Development Committee on 12 March 2009 to the Independent Hearing and Assessment Panel for comment, due to variation of codes sought with regard to maximum floor space ratio and residential density.

• The application is seeking approval for the demolition of existing shops and the construction of a three-storey mixed commercial/residential development, containing a basement carpark, ground floor commercial tenancies, and 10 residential units over two levels.

• The development is permissible with Council consent within the General Business 3(a) zone under Local Environmental Plan No. 178 – Belmore/Lakemba Precinct.

• The development application has been assessed against the relevant provisions contained within Development Control Plans 9, 15, 20, 29, 32, 45 and 48. The application is generally compliant except that it seeks minor variations to the height and density requirements of our Business/Retail Development Code (DCP 15). The variations are discussed in the report.

• The application was notified in accordance with our Notification Policy and no submissions were received.


City Plan and Budget Implications:

This report has no implications for the Budget and supports our City Plan long term goal of Sustainable Urban Development.


188-194 HALDON STREET, LAKEMBA: DEMOLITION OF SHOPS AND CONSTRUCTION OF A THREE-STOREY MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CAR PARKING (CONT.)

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Report:

Site Analysis

The subject site is located on the western side of Haldon Street, at its intersection with Hall Parade in Lakemba. The site is regular in shape with a frontage of 22.225m to Haldon Street, a secondary street frontage of 50.465m to Hall Parade, and a total area of 1106.4sqm. The site currently accommodates a number of single-storey shops. Surrounding development comprises a mixture of residential and commercial land uses. To the south, Hall Parade separates the site from a vacant lot on which a similar mixed-use development has been proposed (an application for this development is currently under assessment). Hall Parade is a pedestrian pathway connecting Haldon Street with Croydon Road. Townhouses adjoin the site’s rear boundary, to the west. To the north, the site adjoins a three-storey mixed commercial/residential building. Opposite the site, on the eastern side of Haldon Street is a mixture of residential land uses. Lakemba train station is located approximately 500m north of the site.

Figure 1: Aerial view of the subject site.

Figure 2: View north, showing the position of the subject site at the gateway to Lakemba town centre.



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Figure 3: Hall Parade forms the southern boundary of the site.

Figure 4: Residential land uses on the eastern side of Haldon Street, opposite the development site.

Proposal

The application seeks approval for the demolition of existing structures and the construction of a mixed commercial/residential development at 188 – 194 Haldon Street, Lakemba comprising the following:

• Basement Level - Twenty-three car spaces, including two disability accessible car spaces - Bicycle parking - Storage areas

• Ground Floor

- Four retail tenancies with a total floor area of 577sqm - Residential entry lobby off Hall Parade with lift - Caretakers store room - Waste storage area - Loading area - Common open space including a play area, with a total area of 105sqm



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• First Floor - One x 1 bedroom dwelling (adaptable unit) - Five x 2 bedroom dwellings (including the first level of four split-level units) - One x 3 bedroom dwelling - Common open space with a total area of 154sqm - Lift and associated lobby

• Second Floor - The second level of 4 x 2 bedroom dwellings - One x 3 bedroom dwelling - One x 1 bedroom dwelling - One x 2 bedroom dwelling

The development also includes civil works on Hall Parade, including a nature strip, paving and outdoor seating.

Figure 5: Photomontage showing the south- eastern aspect of the development

Statutory Considerations

When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:

• Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct

• State Environmental Planning Policy 65 – Design Quality of Residential Flat Development

• Development Control Plan 9 – Non Residential Buildings Adjoining Residential Zones

• Development Control Plan 15 – Business/Retail Development Code

• Development Control Plan 20 – Car Parking Code

• Development Control Plan 29 – Crime Prevention Through Environmental Design

• Development Control Plan 45 – Landscape

• Stormwater Management Manual Specification 9 – “A Guide to Stormwater Drainage Design”

• Section 94 Contributions Plan



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Assessment

Assessment of the application has been made in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.

• Local Environmental Plan No. 178 – Belmore/Lakemba Precinct The site is zoned General Business 3(a) under LEP No. 178 – Belmore/Lakemba Precinct and the proposed mixed-use development is permissible with the consent of Council. The objective of this zone is to achieve a hierarchy of shopping centres containing a range of retail, office and related uses, which contribute to employment and economic growth of the area. The proposed development is considered an appropriate active use of the prominent site at the southern gateway to the Lakemba town centre, which will help to maintain Lakemba as a viable and lively retail and commercial centre.

• State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) The proposed development falls within the definition of a residential flat building under this SEPP. The policy aims to improve the design quality of residential flat buildings in NSW. From 1 December 2003, any application relating to a residential flat building must be accompanied by a design verification statement from a qualified designer (registered architect), being a statement in which the qualified designer verifies: (a) that he or she designed, or directed the design, of the residential flat

development, and (b) that the design quality principles set out in Part 2 of State Environmental

Planning Policy No 65 - Design Quality of Residential Flat Development are achieved for the residential flat development.

The applicant has submitted a statement from the project architect, AMFLO, which details the proposed development's compliance with the design principles of the SEPP. The proposal is considered to be consistent with the design principles of SEPP 65. In particular the site responds to its context, within the town centre and in proximity to the Lakemba rail interchange by providing a built form and scale consistent with the emerging streetscape character in Lakemba; namely ground floor retail with two levels of residential units. The development has been orientated to address Hall Parade and also includes civil upgrade works that will improve the aesthetic quality and security of the pedestrian link. The proposal is also considered to be consistent with the Residential Flat Design Code prepared by the Department of Planning.

� Development Control Plan 9 - Non Residential Buildings Adjoining

Residential Zones (DCP 9) DCP 9 applies to all non-residential development adjoining residential zones. The objectives of the DCP are as follows: 1. to minimise the impact of non-residential buildings on adjoining residential

properties; and 2. to preserve the existing privacy, solar access, and general amenity of

adjoining properties.



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DCP 9 requires that non-residential buildings adjoining residential zones comply with the Building Height Plane as detailed in the code. The proposal satisfies this requirement. The DCP also requires shadow diagrams to accompany applications where this plan applies. As a guide, the development has been assessed against the requirements of our Energy Smart Homes Code (DCP 37). In this regard, the shadow diagrams provided demonstrate that one living room window, the clothes drying area, and 50% of the private open space of adjoining residential properties receives a minimum of 2 hours of sunlight between 9.00am and 3.00pm on June 21.

• Development Control Plan 15 – Business/Retail Development Code (DCP 15)

Standard Requirement Proposal Complies

Maximum Floor Space Ratio in 3(a) zone

FSR = 0.5:1 (in secondary business/retail area)

0.52:1 No

Floor Space at street level

Floor space is to be of functional dimensions to allow active and viable shop/commercial uses at street level

Commercial floor space of functional dimensions has been provided at the street level

Yes

Residential Density

• 2 small dwg/95m2 site area

• 6 medium dwg/110m2 site area

• 2 large dwg/150m2 site area

= 190m2 site area = 660m2 site area = 300m2 Site Area Total Site area req. =

1150sqm

1106.4sqm

No (see discussion below)

Building Setbacks

• Front and side setback

Consistent street alignment. At street level, building built to side boundaries.

The development provides a consistent and continuous frontage to Haldon Street.

Yes

3.6m at external staircase 3.6m external staircase Yes • Rear setback from residentially zoned land

4.85m at main building line

4.9m main building line Yes

13 metres Maximum 12m Yes Building Height Maximum of 10m (3 storeys) at street alignment

9.2 m to 10.4m (3 storeys)

No (see discussion below)

As demonstrated in the above table, the proposed development satisfies the requirements of DCP 15 with the exception of density and building height at the street alignment. These issues are discussed below:



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Commercial Density The proposed development has a floor space ratio of 0.52:1, which represents a variation of 2% from the requirements of DCP 15. Despite this, the non-compliance is considered to be nominal and is mitigated by the provision of active commercial frontages on both Haldon Street and Hall Parade. The development achieves the objective of DCP 15, to provide commercial floor space of functional dimensions. It is important to note that the original proposal for the site had a floor space ratio of 0.49:1, which complied with the requirements of DCP 15. However, during our preliminary assessment we received advice from our Team Leader of Traffic and Transport indicating that the off-street loading facility was inappropriate in that it would create a pedestrian safety conflict and should be deleted in favour of a designated loading zone in front of the site. On the basis of this advice, we requested that the applicant provide an amended design which extended the active retail frontage on Haldon Street to cover the void left by the loading dock. This resulted in a minor non-compliance with the numerical requirements of DCP 15, but signalled a vast improvement for the development’s outlook to Haldon Street. Residential Density The dwelling configuration proposed by the applicant requires a site area of 1150sqm while the subject site has a site area of 1106.4sqm. The applicant therefore seeks a variation of 3.7% to the maximum density requirements of DCP 15. Despite this non-compliance the density proposed is considered to be acceptable given the high merit of the development, particularly in relation to the following: 1. Hall Parade: Hall Parade is currently uninviting and suffers from poor

levels of natural surveillance. The proposed development, which involves 45m of retail frontage on Hall Parade, will reactivate the laneway and provide significant improvements to its appearance and useability. By virtue of the mixed-use configuration of the development and its orientation to Hall Parade, high levels of natural surveillance will be provided at day and night, improving the security of the laneway.

2. Dwelling Mix: The proposed development provides a range of

accommodation options within the commercial centre; an area well serviced by public transport. While there is no onus on the applicant to do so, two x three bedrooms units are proposed, which will provide a positive contribution to a local area which is characterised by a large proportion of smaller, generally two-bedroom dwellings.

3. Amenity of Residential Units: The residential units proposed achieve high

levels of amenity through appropriate room dimensions, adequate privacy, cross ventilation, and the provision of generous private courtyards and a large ground floor common open space/play area.

With consideration of the above and given the minor nature of the non-compliance, a variation to the density requirement is supported in this instance.



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Building Height The proposal exceeds the building height permitted at the street alignment by 400mm at the north eastern corner of the site. This represents a variation of 4% from the numerical requirements of DCP 15. The effect of this spot non-compliance is not considered to be significant, and is a direct result of the need to provide sufficient clearance for entry to the basement carparking area.

• Development Control Plan 20 – Car Parking Code (DCP 20)

This proposed development compares to DCP 20 as follows:


Retail (577sqm) 1 space per 30m (19 spaces required)

8 No

Residential Visitor Spaces

1 bdrm unit = 2 spaces 2 bdrm unit = 7.2 spaces 3 bdrm unit = 4 spaces I per 5 units = 2 spaces Total: 15 spaces required

13 2

Yes

Yes

Loading Area Loading/unloading bay required

Designated Loading Zone to be provided at front of site

No

Retail Carparking The amount of retail carparking provided does not satisfy the requirements of DCP 20. However, a number of public car parks exist in close proximity to the subject site, as well as on street parking along Haldon Street. This public parking is considered sufficient to meet the needs of the potential patrons visiting the subject site. Clause 3.5 of DCP 20 makes provision for Council to accept a cash contribution in lieu of providing parking on site for any development within the Town Centre identified in Schedule 1 of Canterbury City Council Section 94 Contributions Plan. The site is located within the Lakemba Town Centre and contributions will be levied for the parking shortfall of eleven spaces if this application is approved. Loading/Unloading Facilities The development does not provide any off-street loading facilities. However, opportunities to provide a facility that allows service vehicles to enter and exit in a forward direction are limited by the narrow width of the site and the importance of maintaining an active retail frontage on Haldon Street. The applicant originally proposed to provide a single width loading bay within the site, however it required a vehicle to make a reverse movement on Haldon Street to exit the site. It was the view of our Team Leader of Traffic and Transport that a designated loading zone in front of the site would be a better and safer response to the constraints of this site. Concurrently, this allows the replacement of the large vehicle crossing and void on Haldon Street, with an extended active retail frontage.



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There is scope to provide a loading zone at the front of the premises and should this application be approved a condition will be included on the development consent that requires the applicant to establish a loading zone in front of the property.

• Development Control Plan 29 – Crime Prevention Through Environmental

Design (DCP 29) The proposed development will not contribute to creating opportunities for additional criminal activity and is consistent with the objectives and principles in DCP 29 relating to natural surveillance, access control and ownership. The proposed development allows for surveillance of the area surrounding the site. The proposal has been assessed by our Community Safety Committee which has advised that no objection is raised to the proposed development subject to conditions of consent being attached to any consent granted. Appropriate conditions of consent have been attached to the recommendation.

• Development Control Plan 45 – Landscape (DCP 45) The landscape plan submitted with the application has been examined by our Landscape Architect who raises no objection subject to appropriate conditions of consent being attached to any consent granted.

• Stormwater Management Manual Specification 9 – “A Guide to Stormwater

Drainage Design”

The stormwater plans submitted with the application have been assessed by our Development Engineer and found to be satisfactory. Appropriate conditions of consent have been attached to the recommendation, should consent be granted.

• Section 94 Contributions Plan Part 4 of the Section 94 Contributions Plan states that “...any development, re-development or change of use within the shopping centres that generates additional car parking demands will be subject to a financial contribution to enable the provision and upgrading of car parking areas. The contribution will be levied on development, re-development or change of use that does not (or cannot) comply with the on-site parking requirements set out in Council’s Parking Code.” Accordingly, at a rate of $4143 for each deficient car parking space, the total amount for eleven spaces is $45,573. A 7% fee ($3190.11) is also charged as a research, monitoring and administration fee. The applicant has been informed of this amount, and in the case of an approval, accepts the imposition of a condition to this effect. Section 94 Contributions are also payable for the additional demand for public facilities, amenities and services generated by this development. The proposed development which introduces 2 x large, 6 x medium and 2 x small dwellings to the site attracts a contribution of $96,644.02. In sum, the total Section 94 Contributions amount payable for the proposed development is $145,407.13.



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Referrals

• Disability Access Committee The Disability Access Committee has examined the application and raised no objection subject to conditions of consent being attached to any consent granted.

Notifications

The application was notified in accordance with Council’s Notification Policy (DCP 32) and no submissions were received. Conclusion

The proposed development is permitted within the General Business 3(a) zoning and generally complies with the relevant development control plans, codes and policies. The variations to our Business Retail Development Code are considered to be minor and will not contribute to adverse impacts on neighbouring residential properties. The development will provide a positive contribution to the Lakemba town centre and will reactivate Hall Parade, which is currently blighted and under utilised. With consideration of the above, the development is recommended for approval.

RECOMMENDATION:

THAT development application DA-92/2008 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

1. The following must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate: 1.1. Details of:

• Protection from termites

• Fire Safety Schedule

• Mechanical ventilation details

• Building specifications

• Sydney Water Notice of Requirements

• Structural engineering details

• Firewall Separation

• Soil and Waste Management Plan 1.2. Payment of the Long Service Leave Levy to the Long Service Leave

Corporation or to Council. 1.3. Payment to Council of:

Kerb and Gutter Damage Deposit $4,400.00 Section 94 Contributions $145,407.13 Certificate Registration Fee $30.00 Long Service Levy $5930.20

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $3270.00 Inspection Fee $1160.00 Occupation Certificate Fee $325.00

Note 1 Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986.



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Note 2: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 3: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT

2. Before the erection of any building in accordance with this Development Consent; 2.1. detailed plans and specifications of the building must be endorsed with a

Construction Certificate by the Council or an Accredited Certifier, and 2.2. you must appoint a Principal Certifying Authority (either Canterbury City

Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

SITE SIGNAGE

3. A sign shall be erected at all times on your building site in a prominent position stating the following: 3.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and 3.2. The name of the person in charge of the work site and a telephone number

at which that person may be contacted during and outside working hours, and

3.3. That unauthorised entry to the work site is prohibited. GENERAL

4. The development being carried out in accordance with the plans, specifications and details set out in the table below except where amended by the conditions specified in this Notice: Plan Number Prepared by Received by Council

Plans and elevations, Drawing No. 07528-01, 070528-02, and 07528-06

AMFLO 27 February 2009

Plans and elevations, Drawing No. 07528-00, 070528-03, 070528-04, 070528-05, 07528-07, and 070528-08

AMFLO 6 February 2009

5. Finishes and materials including the treatment of external walls, roofing, balcony balustrades, fences, windows and doors being in accordance with the “Schedule of External Finishes”, prepared by AMFLO as received by Council on 25 February 2008. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

6. Twenty-three (23) off-street car spaces being provided in accordance with the submitted plans. This shall comprise:

• A minimum of fifteen (12) residential car spaces (one per small/medium dwelling and two per large dwelling)

• One (1) residential (common) car spaces

• Two (2) residential visitor (common) car spaces



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• Eight (8) spaces for the commercial component 7. The applicant is required to lodge an appropriate application under the Roads Act

for all works on Hall Parade. 8. A mirror being installed at the exit of the basement carpark to allow drivers a clear

view of pedestrians on Haldon Street. 9. Any security lighting to be installed not to affect the amenity of the adjoining

residences. 10. Car park roller doors shall be designed, constructed and maintained for quiet

operation so as not to impact on the amenity of adjoining residences. 11. All bathroom and ensuite windows containing translucent glazing. 12. The site being consolidated into one allotment. The plan of consolidation being

lodged and registered with the Land and Property Information NSW prior to the release of the Occupation Certificate or occupation of the building.

13. Renewal or provision of fencing, attributable to the proposed development being the responsibility of the developer.

14. The specific use of each commercial unit being the subject of a separate development application to Council.

15. This condition has been levied on the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury City Council’s Section 94 Contributions Plan 2005, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The monetary contribution of $145,407.13 shall be paid to Canterbury City Council before a Construction Certificate can be issued in relation to the development, the subject of this Consent Notice. The amount payable is based on the following components: Contribution Element Contribution Account No.

• Open Space Acquisition $ 46,497.60 711

• Recreation Facilities $ 7,803.44 712

• Community Services $ 24,742.54 713

• Environmental Amenity Improvements $ 9,636.50 714

• Traffic Control and Management $ 1,641.48 715

• Monitoring, research and administration $6,322.46 717

• Car Parking $45,573.00 716

• Research, Monitoring & Administration fee (7% of the total contribution)

$3,190.11 717

The rates applying to each contribution element are subject to quarterly indexing using the Consumer Price Index. If the contribution is not paid within the current quarterly period that the Consent Notice is issued, the contribution will be reviewed at the time of payment in accordance with the adopted Section 94 Plan. Council’s Section 94 Contributions Plan 2005 may be inspected at Council’s Administration Centre, 137 Beamish Street, Campsie or from Council’s website www.canterbury.nsw.gov.au. A copy of the Plan may be purchased from Council’s Administration Centre, 137 Beamish Street, Campsie during office hours.

16. Submission of a Soil and Water Management Plan, including details of: (a) property details (location, applicant, drawn by, date, and scale) (b) accurate property description (property boundary) (c) contours (d) access point and access control measures



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(e) location and type of all sediment control measures (f) location of existing vegetation to be retained and undisturbed ground (g) any existing watercourse or drainage (h) material stockpile areas and storage and control methods (i) location of new drainage features (stormwater inlet pits) (j) revegetation proposals, including specifications on materials used and

methods of application (NOTE: For guidance on the preparation of the Plan refer to the Soil and Water Management for Urban Development guidelines produced by the Southern Sydney Regional Organisation of Councils.)

17. Structural Engineer’s details being approved by the Principal Certifying Authority for all concrete footings, slabs, retaining walls and structural steel prior to building work reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

18. Structural Engineer’s details and specifications being submitted to the Principal Certifying Authority for all excavation and backfilling together with the proposed methods of retaining/shoring to the basement area. The details must be prepared by a suitably qualified practising structural engineer who has/is eligible for membership of the Institute of Engineers of Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

19. Any person causing excavation below the level of the base of footings on an adjoining allotment of land must, at their own expense (L.G. Approvals Reg, Clause 34): (a) preserve and protect the building from damage; and (b) if necessary, underpin and support the building in an approved manner; and (c) give notice of intention to do so to the owner of the adjoining allotment of

land and furnish particulars to the owner of the proposed work at least 7 days in advance of the excavation.

Submit Structural Engineer’s details for all retaining walls to the Principal Certifying Authority and obtain a Construction Certificate before construction of same. The details must be prepared by a qualified practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

20. Glazing materials shall be selected and installed in accordance with the relevant provisions of BCA Section B1.4 Clause B1.3 and Australian Standard 1288 and 2047.

21. Termite risk management complying with BCA Clause B1.4 (1); and comprise termite resistant materials, or alternatively: (a) protect primary building elements (structural elements) from attack by

subterranean termites (compliance with AS 3660 Part 1) (b) furnish evidence from an accredited applicator/qualified pest controller of the

methods to be used to achieve this before commencement of construction. (c) permanently affix a durable notice to the building in a prominent location

(such as a meter box or the like), indicating: (ca) the method of protection; (cb) the date of installation of the system;



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(cc) where a chemical barrier is used, its life expectancy as listed on the National Registration Authority Label;

(cd) the installer's or manufacturer's recommendations for the scope and frequency of future inspections.

(d) furnish a certificate from an accredited applicator/qualified pest controller upon completion of the building confirming that the system has been installed to comply with this condition.

22. The building shall be constructed in type “A” construction under BCA Specification C1.1, inclusive of fire resistance levels required for walls, beams, columns, floors, roofs and lintels or the like.

23. The external walls having a fire resistance level as required by BCA Specification C1.1. Windows, doors or other openings are permitted subject to same being protected if required by any other condition of this Construction Certificate.

24. The openings in the external walls being protected in accordance with BCA Clause C3.2. Protection may be by means of: (i) Doorways – internal or external wall-wetting sprinklers as appropriate used

with doors that are self-closing, or automatic closing, or -/60/30 fire doors (self-closing or automatic closing).

(ii) Windows – internal or external wall wetting sprinklers as appropriate used with windows that are automatic or permanently fixed in the closed position, -/60/- fire windows (automatic or permanently fixed in the closed position) or -/60/- automatic fire shutters.

(iii) Other openings – internal or external wall wetting sprinklers as appropriate or construction having a FRL not less than -/60/-.

25. The doorways to the fire isolated lift shaft being protected by -/60/- fire doors in accordance with BCA Clause C3.10. This item is an essential fire or other safety measure.

26. The entry doorway to each residential flat being provided with a self-closing, tight fitting, solid core doors, not less than 35mm thick to BCA Clause C3.11. This item is an essential fire or other safety measure.

27. The space below any non fire isolated stairway (including an external stairway) serving as a required exit if enclosed to form a cupboard or other enclosed space must have, to BCA Clause D2.8: (a) a fire resistance level of not less than 60/60/60 to enclosing walls/ceilings,

and (b) any access doorway to the enclosed space fitted with a -/60/30 self-closing

fire door. 28. All materials must be stored wholly within the property boundaries and must not

be placed on the footway or roadway. 29. All building operations for the erection or alteration of new buildings must be

restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

30. The Development Consent hereby granted will automatically lapse and become void two years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.

31. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.



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32. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

33. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

34. The construction site must have soil and water management controls implemented as described in Specifications S1 and S2 of Council’s Stormwater Management Manual.

35. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

36. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site.

37. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.

38. The site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

39. All disturbed areas must be stabilised against erosion within 14 days of completion, and prior to removal of sediment controls.

40. Erection of a hoarding/fence or other measure to restrict public access to the site and to building works, materials or equipment when building work is not in progress or the site is otherwise unoccupied.

41. Where erection or demolition of a building involves the closure of a public place, or where pedestrian or vehicular access is to be obstructed or rendered inconvenient, the premises is to be provided with a hoarding and or sufficient awning to be erected to prevent any substance from, or in connection with the work falling onto the public place. The site is also to be kept illuminated between sunset and sunrise where it is likely to be dangerous for people using the public place.

42. During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours. A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).

43. Toilet facilities shall be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.

44. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

i) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or



Page 19

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

b) BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000."

DEVELOPMENT ENGINEERING

45. That the stormwater system be constructed in accordance with the plans, specifications and details received by Council on 29 August 2008 and 12 November 2008; hydraulic plan drawing numbers 07MB3079/D01 issue B and 07MB3079/D02 issue B both dated 15/7/2008 and 07MB3079/D03 issue C dated 8/11/2008 by United Consulting Engineers.

46. A Works-as-Executed plan must be submitted at the completion of the work to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA, indicating all the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. The plan shall record all the relevant design levels and dimensions of the OSD system. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and standards. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

47. A full width Heavy duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 6.0 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

48. The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

49. The levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, carparks, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.

50. A qualified practicing Civil Engineer shall design the pavements and certify that all driveways, parking and service areas have been constructed in accordance with the approved specifications. Design to be carried out in accordance with AUS-SPEC #1 Specification D2-Pavement Design. Construction is to be carried out in accordance with appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

51. The proposed site discharge pipe is to be extended along Hall Parade to the existing gutter converter at the intersection with Croydon Avenue. The minimum diameter for the proposed pipe located in Hall Parade is 300mm. Work is to be carried out by Council or an approved contractor at the applicant’s cost to the satisfaction of Council’s Director of City Works.



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52. A driveway longsection scaled at 1:25 (both vertical & horizontal) is to be submitted indicating the appropriate height clearances above the driveway. The existing street levels are to be included in the design of the driveway (The existing street levels include kerb & gutter, footpath and boundary line levels which cannot be altered). The driveway widths and grades shall be in accordance with Australian Standard AS 2890.1 - 2004 "Off-street Parking Part 1 - Carparking Facilities".

53. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

54. The construction of the kerb and gutter along all areas of the site fronting Hall Parade is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

55. The reconstruction of the kerb and gutter along areas of the site fronting Haldon Street is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

56. The reconstruction of concrete footpath paving and associated works along areas of the site fronting Haldon Street is required. The paving material, pattern and construction specification is to be in accordance with the requirements adopted by Council for the Lakemba town centre and is to be carried out to the satisfaction of Council's Director of City Works. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

57. The reconstruction of the footpath pavement along all areas of the site fronting Hall Parade is required. The paving material, pattern and construction specification is to be in accordance with the requirements adopted by Council for the Lakemba town centre and is to be carried out to the satisfaction of Council's Director of City Works. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

58. An application is to be made to Council prior to construction of the streetscape works (including footpath and kerb and gutter) for details of Council’s Streetscape Treatment Specifications for Haldon Street and Hall Parade.

WASTE FACILITIES REQUIREMENTS

59. Both the commercial and residential garbage rooms shall be clearly identified as such. The rubbish and recycling bins shall be stored as separate groups within these rooms with these areas also signposted accordingly.

60. The aisle between rows of bins shall be a minimum of 1.2 metres wide. 61. Paths of travel both through and from the garbage rooms to the street kerb shall be

free of obstructions and steps and finished to a smooth even surface. 62. Access doors and paths of travel from the garbage rooms to the collection point

shall be a minimum of 1.2 metres wide and free of obstructions, steps and the like.



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63. The garbage rooms shall be provided with a water supply to facilitate the washing of bins and the rooms graded to drain to the sewer. The intersection of walls and floors shall be coved with a minimum radius of 50mm.

64. A separate area of a minimum of 10sqm and clearly signposted for the purpose, shall be provided for the storage of bulky rubbish (clean-up, white goods, mattresses and the like) awaiting collection.

65. Adequate lighting and ventilation hall be provided to the garbage rooms in accordance with the Building Code of Australia.

66. The garbage rooms shall be unlocked with unobstructed access for the collection of bins from 5.00am on service day.

DISABILITY ACCESS REQUIREMENTS

67. The accessible lift to the residential levels complying with the requirements of Australian Standard 1735.12 for circulation space within the lift and width of the door opening. Height of internal and external call buttons being within the range suitable for a person in a wheelchair and tactile and braille information being provided either on, above or to the left of the call buttons. An auditory tone should sound when the lift arrives at or passes a floor.

68. Access to each of the ground floor commercial tenancies being provided for people with disabilities. Any step, lip or significant level change that may hinder the passage of a person in a wheelchair is to be addressed by the provision of a ramp complying with Australian Standard 1428.1 clause 5 for width and gradient. Doorway entrances to these commercial units shall be at least 850mm in width to ensure ease of entry for a person who uses a wheelchair. Within the commercial areas of the building there is to be a clear and uninterrupted path of travel that allows access for people with disabilities to all areas available to the public.

69. Two (2) accessible parking spaces being provided as shown on the approved plans. Each of the accessible car parking spaces shall have a level surface and have dimensions in accordance with Australian Standard 2890.1. These spaces being marked with the international symbol of disability. A clear and uninterrupted path of travel shall be provided and maintained from the accessible parking spaces to the accessible entrances to the commercial tenancies and the accessible lift.

70. A minimum of one (1) of the residential units are to be adaptable as shown on the approved plans. These units are to have performance requirements in accordance with Australian Standard 4299 clause 2.2 and be located as close as possible to the accessible lift.

COMMUNITY SAFETY AND CRIME PREVENTION REQUIREMENTS

71. Signage is to be installed at all driveways, entry and access points. 72. All storerooms in the basement level are to be locked at all times. 73. Lighting similar to category P1 of Australian Standard 1158.3.1:1999 for road

lighting of pedestrian areas should be installed. 74. Landscaping is to be well maintained and pruned regularly so that sight lines

through the site are maintained. Adequate lighting being provided between plants to provide visibility of concealed spaces after dark.

75. Entry to the residential component of the building is to be restricted through an appropriate intercom and security system whereby only residents and authorised visitors gain entry to the building and the residential floors.

76. Residents and retailers are to be provided with a swipe card access to their allocated areas of the building, including lifts.



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TRAFFIC

77. All off-street parking facilities including driveway widths, ramp grades, aisle widths, turning paths, sight distances and parking bay sizes should conform to current Australian Standards AS 2890.1 – 2004 and AS 2890.2 – 2002.

78. A loading zone shall be provided within that section of Haldon Street adjacent to the subject site to service the ground floor tenancies. An application must be made to Council and approved by the Local Traffic Committee for the establishment of the loading zone prior to the issue of an Occupation Certificate. All costs associated with the establishment of the loading zone shall be borne by the applicant.

SYDNEY WATER REQUIREMENTS

79. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision. A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

80. The approved plans shall be submitted to the appropriate Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au, see Your Business, then Building & Developing, then Building & Renovating, or telephone 13 20 92.

CRITICAL INSPECTIONS

81. The following critical stage inspections must be carried out by the Principal Certifying Authority (either Council or the Accredited Certifier): Class 2, 3 or 4 Buildings 81.1. at the commencement of the building work, and 81.2. prior to covering of waterproofing in any wet areas, for a minimum of 10%

of rooms with wet areas within the building, and 81.3. prior to covering any stormwater drainage connections, and 81.4. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 81.5. at the commencement of the building work, and 81.6. prior to covering any stormwater drainage connections, and 81.7. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. COMPLETION OF DEVELOPMENT

82. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal Certifying Authority before partial/entire occupation of the development.



Page 23

WE ALSO ADVISE: 83. This application has been assessed in accordance with the Building Code of

Australia. 84. Where Council is appointed as the Principal Certifying Authority, you will be

required to submit Compliance Certificates in respect of the following:

• Structural engineering work

• Air handling systems

• Schedule of essential services

• Mechanical ventilation

• Protection from termites 85. Width of stairs, surface finishes of treads and landings, construction of treads and

risers and handrails/balustrades to stairs complying with BCA Part D2. 86. The space below any non fire isolated stairway (including an external stairway)

serving as a required exit if enclosed to form a cupboard or other enclosed space must have, to BCA Clause D2.8: (a) a fire resistance level of not less than 60/60/60 to enclosing walls/ceilings,

and (b) any access doorway to the enclosed space fitted with a -/60/30 self-closing

fire door. 87. Each exit door must swing in the direction of egress (unless it serves a building or

part with a floor area not more than 200m², it is the only required exit from the building or part and is fitted with device for holding it in the open position) to BCA Clause D2.20.

88. Exit doors in a required exit, forming part of a required exit or in the path of travel to a required exit must be readily openable: (a) without a key to a person seeking egress, and (b) by a single hand downward action or pushing action on a single device, and (c) located between 900mm and 1200mm from the floor, to BCA Clause D2.21.

89. Waterproofing of wet areas to BCA Clause F1.7 and Australian Standard 3740. 90. Clothes lines or clothes hoists for the residential flats at the rate of 7.5 metres of

line per flat in the building. Alternatively one heat operated drying cabinet may be provided for each (4) sole occupancy units, or part, without their own drying facilities to BCA Table F2.1.

91. Mechanical ventilation being provided to the building or part where required by BCA Clause F4.5. This item is an essential fire or other safety measure if serving a life safety function.

92. The sanitary compartments and the shower rooms being mechanically ventilated in accordance with BCA Clause F4.5.

93. The walls dividing bathrooms, laundries and kitchens in one flat from habitable rooms in an adjoining flat having Sound Transmission and Insulation rating and being constructed in accordance with the provisions of BCA Part F5.

94. Soil and waste pipes, including those that pass through a floor shall be separated from the rooms of any flat immediately adjacent thereto by construction having a Sound Transmission and Insulation Class in accordance with BCA Part F5.

95. Erection of a hoarding/fence (for the class 2 - 9 building) or other measure to restrict public access to the site and to building works, materials or equipment when building work is not in progress or the site is otherwise unoccupied.

96. Where excavation is proposed adjacent to existing dwellings or a vacant property, the works shall be carried out in accordance with Part 3.1.1-Earthworks BCA and,



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the person/company responsible for doing the excavation shall give 7 days notice of intention to carry out the excavation works to the owner of the adjoining allotment of land and furnish particulars to the owner of the proposed work. (An allotment of land also includes a public road and any other public place.)



99. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

100. The relevant Council Manuals and AUS-SPEC specifications referred to are available from Council for a fee.

101. Private contractors shall submit an application and pay an inspection fee to Council seven days prior to commencement of any works on the footpath or roadway. No work shall be carried out without Council approval.

102. The applicant is to ensure that landscaping and hydraulic plans are co-ordinated. Hydraulic details such as pits, stormwater lines, detention tanks and retaining walls are to be shown on the Landscape Plan as these can affect layout of garden beds and plantings.

103. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

104. Compliance with the Building Code of Australia does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

105. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

106. If you are not satisfied with this determination, you may: 106.1. Apply for a review of a determination under Section 82A of the

Environmental Planning and Assessment Act 1979. A request for review must be made within 12 months of the date of this Notice of Determination and be accompanied by the relevant fee; or

106.2. Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. (Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you need more information, please contact Adam Culbert of our City Planning Division on 9789-9388 between 9.00 a.m. and 11.00 a.m., Monday to Friday.


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EAST WARD




ASSOCIATED LANDSCAPING & CARPARKING, UNDER

SEPP (HOUSING FOR SENIORS OR PEOPLE WITH A

DISABILITY) 2004



Ward: EAST

D/A No: DA-588/2008

Applicant:

Owner:

Resitech

Housing NSW

Zoning: Residential 2(a) under Canterbury Planning

Scheme Ordinance 1970

Application Date: 15 October 2008, further information received on

17 February 2009

Summary:

• It is proposed to demolish existing structures, consolidate the five existing lots into one lot and construct an 18 unit residential development, under the Housing for Seniors or People with a Disability State Environmental Planning Policy (SEPP) with associated landscaping and carparking.

• The proposed development is permissible under SEPP (Housing for Seniors or People with a Disability) 2004.

• The proposed development has been assessed against the provisions contained within SEPP (Housing for Seniors or People with a Disability) 2004 and SEPP 2004 (Building Sustainability Index: BASIX). The proposal generally satisfies the relevant provisions contained within each of these policies.

• The application was notified in accordance with the requirements of DCP 32 – Notification Policy. Eight individual submissions and a petition signed by 28 households were received in response. The issues raised in the submissions and our responses to those issues are provided in the body of this report.



This report has no implications for the Budget. The assessment of this application supports our long term goal Sustainable Urban Development.


14-22 POOLE STREET, KINGSGROVE: DEMOLITION OF STRUCTURES, CONSOLIDATION INTO ONE LOT AND CONSTRUCTION OF UNIT DEVELOPMENT WITH ASSOCIATED LANDSCAPING & CARPARKING, UNDER SEPP (HOUSING FOR SENIORS OR PEOPLE WITH A DISABILITY) 2004 (CONT.)

Page 26

Report:

Site Details

• The subject site comprises of five existing separate lots, located on the southern side of Poole Street, between Lundy Avenue and Flat Rock Road in Kingsgrove.

• The subject site has a total street frontage of 76.7 metres to Poole Street and a combined area of 3027.74m2.

• The site has a fall of approximately 4 metres from the front to the rear, with the highest point being at the front north western part, and the lowest being at the rear south eastern part.

• A single storey brick dwelling currently exists on each of the five separate lots.

• The site is surrounded by a mix of low density residential type developments.

Proposal

It is proposed to demolish existing structures, consolidate five lots into one lot and construct an 18 unit development with associated landscaping and carparking, under the Housing for Seniors or People with a Disability State Environmental Planning Policy. Given the approximate fall of 4 metres from the front to the rear part of the site, the development has been designed to accommodate for two, single storey disabled units at the front part of the development site (Units 1 & 10), with a total of 16 units accommodated for at the rear part of the site, across two levels.

Subject Site



Page 27

The details of each unit are as follows: Unit No. Unit Type No. of

Bedrooms

Floor Area (in m2) Private Open

Space (in m2)

1 Disabled 2 89.24 28.3

2 Adaptable 2 86.10 14.2 3 Adaptable 2 83.68 23

4 Adaptable 1 64.89 18.6 5 Adaptable 1 64.89 18.6

6 Adaptable 1 64.89 18.6


9 Adaptable 2 86.10 14.7 10 Disabled 1 70.14 24.6


13 Adaptable 1 64.89 45.4

14 Non-Accessible 1 64.89 51.3 15 Non-Accessible 1 64.89 47.0


18 Adaptable 2 86.10 53.9

Below is a Site Plan of the proposed development:

POOLE STREET

Unit 1 Unit 10

Disabled Unit at the front part of the site

16 units provided towards the rear part of the site across two levels



Page 28

Below is the front (north) elevation of the proposed development, as it would appear from Poole Street:

Below is the rear (south) elevation of the proposed development:


When determining this application the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In respect to the subject proposal, which is a development made by Resitech, on behalf of Housing NSW, under the Housing for Seniors or People with a Disability (SEPP) 2004, it is relevant to consider the provisions within this SEPP as they prevail over Council’s environmental planning instruments, development control plans (DCPs), codes and policies. The relevant provisions within SEPP (Building Sustainability: Index) 2004 are also considered. This is a Crown development application, and under Clause 116C of the Environmental Planning and Assessment Act, must not be refused by a consent authority, except with the written approval of the minister.

• Housing for Seniors or People with a Disability (State Environmental

Planning Policy) 2004

The proposed development falls under the term ‘self contained dwellings’ in this SEPP, which is defined as:

‘…a dwelling or part of a building, whether attached to another dwelling

or not, housing seniors or people with disability, where private facilities for

significant cooking, sleeping and washing are included in the dwelling or

part of the building, but where clothes drying facilities or other facilities

for use in connection with the dwelling or part of the building may be

provided on a shared basis’. Chapter 3 Clause 15 of the SEPP allows for ‘development on land zoned primarily

for urban purposes for the purpose of any form of seniors housing, and …’. Hence, the proposed development is permissible on the subject site



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The proposed development compares to all the other relevant provisions of the SEPP as follows: Clause 26 – Location and Access to Facilities

Development Standard Required Proposed Compliance

(Yes/No)

Travel Route Attributes Distance to shops and facilities OR Distance to public transport meeting frequency requirements below

Maximum 400 m Approximately 260m to bus stop located in Homer Street

Yes

Gradient Maximum 1 in 14, except: i) maximum 1:12 for

maximum 15 m at a time (ii) maximum 1:10 for

maximum 5 m at a time (iii) maximum 1:8 for

maximum 1.5 m at a time.

Max. Gradient 1:14

Yes

Transport Frequency

Sydney Statistical Division

Available to and from site at least once between 8 am and 12 pm and at least once between 12 pm and 6 pm Monday to Friday

Regular bus services available

Yes

In regard to the above, the applicant provides the following information:

Clause 26 of the SEPP requires the site to have ‘reasonable access to

shops, banks and other retail and commercial services, community services

and recreation facilities, and the practice of a general practitioner for

residents of the proposal’, or to public transport to reach these facilities

and services.

The nearest facilities and services are at Kingsgrove Village,

approximately 1.1km north east of the site, and Campsie Town Centre,

approximately 3.0km north of the site. Although these shopping centres are

situated close to the site, the distance does not meet the SEPP requirements

for access to facilities and services.

The closest bus stops for going both to and from the required facilities are

located in Homer Street, approximately 260m from the site and pedestrian

access to this stop is available with a gradient of less than 1 in 14.

The bus serving this bus stop operates to the destinations and at the

frequencies shown in the following table. These destinations provide the

shops, banks and other retail and commercial services, community services

and recreation facilities, and the practice of a general medical practitioner

required by the SEPP. The site therefore meets the locational criteria of

the SEPP.



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Route Connects to Mon-Fri

Frequency

Sat Frequency Sun & Public

Holiday

Frequency

446 – Operated

by Punchbowl

Bus Company

Roselands Centro

Shopping Centre

via Earlwood

(Earlwood

Citizens Centre

and Earlwood

Coles

Supermarket) and

Kogarah

(Kogarah

Railway Station)

to Kogarah

Hospital return

Between one and

two services per

hour

One service per

hour

One service

per hour

Clauses 33-39 – Design Principles (Division 2) The proposed development is consistent with the provisions with the Division 2 Design Principles as follows: (a) Neighbourhood amenity and streetscape

The subject site is located in a low density residential area, predominantly consisting of single and two storey residential dwellings. The proposed development has a single storey appearance from Poole Street, and although higher in overall density than what is currently existent in the locality, has been designed in a sympathetic manner to complement the existing residential character. Further, a large landscaped setback area is provided towards the front part of the site which provides visual relief, and adds aesthetic value to the development. The two storey rear (southern elevation) elevation is adequately setback from adjoining properties to the rear. This elevation is designed with varying setbacks, articulation, and includes unenclosed and glazed stairwells which provide visual separation and relief for the neighbouring residents at the rear. The applicant provides the following information:

‘The site is located within an existing residential area and is

surrounded by dwelling houses. The character of the proposed

buildings will be in keeping with the surrounding residential

development. The adjacent residential development consists of a

mixture of single and two storey dwelling houses. The development

has been designed to reflect the increasingly contemporary styles of

residential development…



Page 31

Landscaping within the front setback area and along the side and

rear boundaries will assist in creating an aesthetically pleasing

presentation to the street and the overall site in general. It is

therefore considered that no significant visual impact would be

caused by this development and the proposal will make a positive

contribution to the streetscape and surrounding residential

environment. The style of landscaping varies in surrounding

development reflecting individual styles’.

(b) Visual and acoustic privacy Living areas of each of the 18 units have been designed to orientate to the private courtyards or to the street. This allows for individual units to retain their privacy while minimising impacts on adjoining properties. Further, all upper floor windows associated with main habitable living rooms are highlight windows, or are screened, and therefore have no adverse privacy impacts onto neighbouring residents.

(c) Solar access and design for climate Living areas and private open space areas for each dwelling have been oriented to gain adequate solar access. Further, the applicant has submitted shadow diagrams of the impacts of the development onto adjoining neighbours. The diagrams demonstrate that living room windows and private open space areas of neighbouring properties received adequate sunlight access during mid-winter.

(d) Stormwater The development application was referred to our development engineer and appropriate conditions relating to stormwater will be included on the development should this application be approved.

(e) Crime prevention The development has been designed to allow natural surveillance of common areas and the front of the site. Dwellings have been designed to enable residents to view the approaches to their dwellings.

(f) Accessibility Internal pathways have been provided to permit safe, easy, and convenient pedestrian access for occupants.

(g) Waste Management Waste and recycling bins will be provided to service the development. A bin presentation area is located in an accessible location towards the front part of the site, which is in keeping with Council’s requirement.



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Clause 40 – Development Standards – minimum sizes and building height Development

Standard

Required Proposed Compliance

(Yes/No)

Site Size At least 1000m2 Not applicable to Housing NSW

Site Frontage At least 20m Not applicable to Housing NSW

Height In zones where

residential flat

building not permitted

8m or less (ground to ceiling level)

<8m

Yes

Buildings located in

the rear of the site

Building located in rear

Building located in rear 25% area of site not to exceed 1 storey

Not applicable to Housing NSW

Clause 41 & Schedule 3 – Access and usability standards for self contained dwellings

Development

Standard


(Yes/No)

Siting Wheelchair access

‘Non-sloping’ sites

i.e. with gradients

entirely <1:10’

100% of ground floor dwellings.

100% of proposed ground floor units are accessible by wheelchair

Yes

‘Sloping’ sites i.e. with

gradients entirely or

partially >1:10

% of ground floor dwellings, equal to % of site with gradient <1:10 or minimum 50% (whichever is greater), to have wheelchair access per AS 1428 to driveway or public road.

Road access 10% of dwellings with abovementioned wheelchair access to have wheelchair access to an adjoining public road

More than 10% of dwellings have wheelchair access to an adjoining public road

Yes

Common areas All common areas and facilities to have wheelchair accessibility as per AS 1428.1

Wheelchair access has been provided to adjoining public road, car spaces, letterboxes and outside common areas and bin presentation area

Yes



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Development

Standard


(Yes/No)

Security Pathway lighting to be designed and located to avoid glare and to provide minimum 10 lux at ground level

To be provided as required

Yes

Letterboxes To be lockable, located in central position adjacent to street entry or in one or more central locations on a hard surface area and have wheelchair access by a continuous path of travel (as per AS 1428.1)

Accessible letterboxes provided

Yes

Car Parking Disabled car parking

Car parking spaces must comply with the requirements for parking for persons with a disability set out in AS 2890 and at least 5% of the total number of car parking spaces (or at least 1 space if there are fewer than 20 spaces) must be designed to enable the width of the spaces to be increased to 3.8m

Disabled car parking spaces provided in accordance with AS 2890 – with one space designed to enable to be increased to 3.8m in width

Yes

Internal clearance of

garage/carport Min. 2.5m from finished floor level

2.7m clearance provided

Yes

Accessible entry (whether front entry or not)

Maximum slope 1:40

<1:40 proposed

Yes

Must comply with AS 4299 Clauses 4.3.1 & 4.3.2

Details at construction stage

Yes

Must have door handle & other hardware that complies with AS 1428

Door handles to be provided to comply with AS 1428

Yes

Garbage storage area To be provided in accessible location

Bin presentation area located at the front of the site

Yes



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Clause 50 – Standards that cannot be used to refuse consent for self-contained dwellings The SEPP states that a consent authority can not refuse a development application based on non-compliances with the following requirements. However, if there is a non-compliance, it would be required that a comprehensive justification be provided by the applicant. The proposal is assessed against these controls as shown in the table below:

Development

Standard


(Yes/No)

Building Height

Maximum 8.0 m <8m Yes

Density and Scale

Maximum 0.5:1 0.45 : 1 Yes

Landscaped Area

Minimum 35 m2 per dwelling Average of approximately 66m² per dwelling

Yes

Deep Soil Zone

Minimum 15% of area of site. 25.9% Yes

Minimum two thirds to be at rear of site.

88% of the provided deep soil zone located at the rear of the site

Yes

Minimum dimension 3 m. Min. 3m Yes

Solar Access 70% of living areas & main private open space to receive minimum 3 hrs sunshine between 9 am and 3 pm at mid-winter.

>70% of living areas & main private open spaces areas receive at least 3 hrs of sunlight in mid-winter

Yes

Ground level:

Minimum 15 m² Unit1:28.3m2 Unit 10: 24.6m2 Unit 11: 50.6m2 Unit 12: 183.5m2 Unit 13: 45.4m2 Unit 14: 51.3m2 Unit 15: 47m2 Unit 16: 22.2m2 Unit 17: 161.2m2 Unit 18: 53.9m2

Yes

One area minimum 3 m x 3 m, accessible from living area.

Adequate area provided for each unit

Yes

Upper level/s:

1 bedroom: Minimum 6 m². Minimum dimension 2 m.

Units 4 – 7: 18.6m2 each Minimum dimension 2m

Yes

Private Open Space

2 or more bedrooms: Minimum 10m2 Minimum dimension 2m

Unit 2:14.2m2 Unit 3: 23m2 Unit 8: 15m2 Unit 9: 14.7m2 Minimum dimension 2m

Yes

Car Parking Minimum 1 space for each 5 dwellings (for Housing NSW) � 4 spaces for the subject development

5 spaces Yes – please refer to comments below



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- Carparking

The SEPP requires that a total of four off street car parking spaces be provided for the subject proposal. It is proposed to provide five spaces which is one space in excess of the requirement. As such, the car parking provided for the proposed development is consistent with the relevant requirements of the SEPP. In detail, three of the spaces are provided in the common area towards the front part of the site, whilst one space is provided for each of the two disabled units (Unit 1 & Unit 10). It is noted, that under our DCP 20 – Car Parking Code, there are no specific car parking requirements for a development of this type. Below is information provided by the applicant in regard to the issue of car parking:

‘…the Department’s tenants have a much lower rate of car

ownership than other households as demonstrated by the census

data below. The data below demonstrates that approximately 50%

of public housing tenants in the Canterbury LGA do not have a

motor vehicle. This is in contrast to 16% of other households. As

such dwellings occupied by public housing tenants require fewer

spaces’.

Public housing tenants Other households LGA

No motor

vehicle

At least

one motor

vehicle

Not stated No motor

vehicle

At least

one motor

vehicle

Not stated

Canterbury 48.4%

(1298)

45.5%

(1221)

6.1%

(163)

15.5%

(6862)

74.1%

(32,871)

10.4%

(4619)

• State Environment Planning Policy (Building Sustainability: Index) 2004 The applicant has nominated a number of commitments in the BASIX Certificates submitted as part of the proposed development. These commitments have been indicated on the relevant architectural plans. The proposed development achieves a score of 40% for Water (Target 40%), and 37% for Energy (Target 35%) to satisfy the provisions of SEPP (Building Sustainability: Index) 2004.

Referrals

• Disability Access Committee The Disability Access Committee has provided their comments in relation to the development. The Committee raises no objection to the development proceeding subject to the imposition of relevant conditions of consent.



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• Landscaping Our Landscape Architect has assessed the Landscape Plans submitted in support of the application, and is generally satisfied with the landscaping proposal, and recommends that a number of conditions be imposed on any development consent issued.

• Community Safety

Our Community Safety Officer has assessed the proposal with a representative from the NSW Police Campsie Local Area Command. They raise no objection to the development proceeding subject to the imposition of relevant conditions of consent.

• Traffic & Parking

Our Team Leader of Traffic has assessed the proposal and makes the following comments in regard to traffic generation: The proposal will generate less traffic than existed previously and the traffic volume in Poole Street is only 437 veh/day (1997), therefore no traffic generation concerns are raised in regard to the proposal. In regard to car parking, the SEPP requirements prevail in the case of the subject proposal, and as stated above, excess car parking spaces have been provided for the proposed development.

Notification

The development application was placed on notification as required under Council’s Notification Policy (DCP 32). Eight individual submissions and a petition signed by 28 households were received in response. The issues raised in the submissions and our responses to those issues are provided below:

• The proposed development is not compatible with the surrounding residential

development – it alters the character/environment of the area & alters the

perceived zoning

Comment The proposed development is a permissible development on the subject site under the provisions of Housing for Seniors or People with a Disability (State Environmental Planning Policy) 2004. We acknowledge that the design of the proposed development is different to what currently exists in the locality, however, the proposed design is not considered to be incompatible in the local built environment. The subject site is located in a low density residential area, made up mostly of single and two storey residential dwellings. The proposed development has a single storey appearance from Poole Street, and although higher in overall density than what is currently existent in the locality, has been designed in a sympathetic manner to complement the existing residential character.



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Further, a large landscaped setback area is provided towards the front part of the site which provides visual relief, and adds aesthetic value to the development.

• The proposed development devalues adjoining properties Comment There is no evidence to suggest that a loss of property value in monetary terms would be experienced by neighbouring residents as a result of the proposed development being approved. As such this does not warrant a reason for refusal.

• The proposed development adds pressure to stretched Council services Comment It is unlikely that the development will add unreasonable pressure to existing Council services. The construction of this development will assist Housing NSW to meet the increasing demands for housing for seniors and people with disabilities in the Canterbury Local Government Area.

• Parking provided for the proposed development is inadequate – there are only

5 spaces to accommodate 18 dwellings, there are no allowance for visitor cars,

and no allowance for community service vehicles. This will add demand for

on street parking. Parking is a major issue as the street already

accommodates weekend activities from Beaumont Park

Comment The SEPP requires that a total of four off street car parking spaces be provided for the subject proposal. It is proposed to provide five spaces which is one space in excess of the requirement. As such, the car parking provided for the proposed development is consistent with the relevant requirements of the SEPP. Below is information provided by the applicant in regard to the issue of car parking:

‘…the Department’s tenants have a much lower rate of car ownership than

other households as demonstrated by the census data below. The data

below demonstrates that approximately 50% of public housing tenants in

the Canterbury LGA do not have a motor vehicle. This is in contrast to

16% of other households. As such dwellings occupied by public housing

tenants require fewer spaces’.

• The proposed development will result in increased traffic which will increase

risk to local children and pedestrians who use the street as a thoroughfare Comment As stated in the report above, the proposal will generate less traffic than existed previously and the traffic volume in Poole Street is only 437 veh/day (1997), therefore no traffic generation concerns area raised in regard to the proposal.



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• The residents of this development would require special services and

assistance from numerous medical, community and government services – no

consideration evident as to how these services will be delivered or how the

delivery of services will impact on surrounding urban development

Comment There are no specific requirements within SEPP (Housing for Seniors or People with a Disability) 2004 to require that this type of development proposal be provided with any additional or special services. The SEPP requires a development of this type to have ‘reasonable access to shops, banks and other retail and commercial services, community services and recreation facilities, and the practice of a general practitioner for residents of the proposal’, or to public transport to reach these facilities and services. As demonstrated in the report above, the proposed development on the subject site has reasonable access to public transport to reach these facilities and services.

• No evidence is provided of a management plan to prevent the development

from falling into disrepair, impacting on surrounding residence. Who will

maintain the landscaped grounds to this proposed development?

Comment The applicant states that:

‘…Housing NSW appoints a maintenance contractor to maintain external

landscaped areas on a yearly basis for each area/suburb. The building

maintenance is undertaken by the maintenance section of Housing NSW’.

• The south elevation consists of a high 2 storey building directly overlooking

the rear yards of Warejee Street properties, causing significant privacy issues.

Also, a balcony is proposed to overlook a neighbour’s rear yard causing

major concern

Comment The upper floor of the south (rear) elevation includes four windows associated with bedrooms. These windows have varying setbacks from the rear boundary, of between 4.8-5.9 metres. Given that these windows are associated with bedrooms, and that they are adequately setback from the rear boundary, it is not considered that they will have adverse privacy impacts onto neighbouring residents at the rear. The upper floor of the south (rear) elevation also includes one kitchen window, one lounge room window, and four bathroom windows. These are high silled windows and as such will not compromise the privacy of neighbouring residents. It is noted that a balcony is proposed on the upper floor along the east elevation, but this has been screened appropriately to mitigate any privacy impacts.



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Further, there is a concern that there is potential of overlooking from the landing locations of the three stairwells on the upper floor of the south (rear) elevation. To mitigate the impacts of overlooking, it is recommended that a condition be imposed requiring that suitable privacy screens be installed along these three locations to limit any potential of overlooking onto neighbouring properties.

• Who will be classed as ‘disabled people’ and qualify to live next door? I do not

want my daughters or anyone in the neighbourhood to be subject to such

unsavoury individuals

Comment The State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 defines ‘people with a disability’ as people of any age who have, either permanently or for an extended period, one or more impairments, limitations or activity restrictions that substantially affect their capacity to participate in everyday life’.

• For residents who are shift workers – it will be impossible to get any sleep

during the day with a large construction taking place next door and the

increased traffic and noise this development will create after construction

Comment There will be a time of inconvenience, however, it is unreasonable to prevent any demolition or construction work to take place on the subject site for reasons of increase of noise and traffic. The hours are regulated, and as such any consent issued will include the following two conditions to restrict the hours of operation for the demolition and construction phases, however, this will not greatly assist shift workers.

1. Demolition of buildings is only permitted during the following hours:

7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays No demolition is to be carried out on Sundays or Public Holidays.

2. All building operations for the erection or alteration of new buildings must

be restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

Conclusion

The development application has been assessed pursuant to the provisions of Section 79C(1) of the Environmental Planning and Assessment Act 1979 and all relevant policies. As the report demonstrates, the proposal generally satisfies the relevant provisions contained within SEPP (Housing for Seniors or People with a Disability) 2004 and SEPP 2004 (Building Sustainability Index: BASIX).



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Approval of this development application will assist Housing NSW to meet the increasing demands for housing for seniors and people with disabilities in the Canterbury Local Government Area. Accordingly it is recommended that the application be approved.

RECOMMENDATION:

That upon the concurrence of the NSW Department of Housing to the proposed conditions listed or to conditions of similar substance, the application being APPROVED subject to the following conditions: 1. The following must be submitted to Council:

1.1. Details of:

• Consolidation of five lots into one lot 1.2. Payment of the Long Service Leave Levy to the Long Service Leave

Corporation or to Council. 1.3. Payment to Council of:

Kerb and Gutter Damage Deposit $10000.00 Long Service Levy $11200.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 5: All fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

DEMOLITION

2. Demolition must be carried out in accordance with the following: (a) Demolition of the building is to be carried out in accordance with applicable

provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

(b) A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.

(c) Demolition of buildings is only permitted during the following hours: 7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays No demolition is to be carried out on Sundays or Public Holidays.

(d) Burning of demolished building materials is prohibited. (e) Adequate care is to be taken during demolition to ensure that no damage is

caused to adjoining properties. (f) Soil and water management facilities must be installed and maintained during

demolition in accordance with the approved ‘Erosion and Sediment Control Plan’.

(g) Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.

(h) During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited



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and contain all relevant details of the responsible person/company including a contact number outside working hours.

(i) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the NSW Community LEAD Advisory Service on 9716 0132 or 1800 626086 (freecall)

GENERAL

3. The development being carried out in accordance with the plans, specifications and details set out in the table below except where amended by the conditions specified in this Notice and the following specific condition: Project No Drawing Title Prepared By Issue

BFBHV Level 1 Plan T.J. Anthiohos & Associates 0 BFBHV Level 2 Plan T.J. Anthiohos & Associates 1

BFBHV Roof Plan & Elevation T.J. Anthiohos & Associates 1 BFBHV Elevations 1 T.J. Anthiohos & Associates 0

BFBHV Elevations 2 T.J. Anthiohos & Associates 0 BFBHV Typical Unit Plans T.J. Anthiohos & Associates 2

4. Finishes and materials including the treatment of external walls, roofing, windows and railing being in accordance with the submitted ‘Colour Selection for the Proposed Senior Living Development at 14-22 Poole Street, Kinsgrove’.

5. Suitable privacy screens be installed on the landing locations of three stairwells, along the south (rear) elevation on the upper floor, to limit any potential of overlooking onto neighbouring properties.


7. The bathroom/ensuite windows of the development shall be provided with translucent glass.

8. The finishes of all structures and buildings are to be maintained at all times, with any graffiti or vandalism immediately removed/repaired.

9. Any person causing excavation below the level of the base of footings on an adjoining allotment of land must, at their own expense: (a) preserve and protect the building from damage; and (b) if necessary, underpin and support the building in an approved manner; and (c) give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars to the owner of the proposed work at least 7 days in advance of the excavation. The design details of retaining walls for the purpose of this condition must be prepared by a qualified practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

10. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.

11. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.



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12. The Development Consent hereby granted will automatically lapse and become void five years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.


14. All building construction work must comply with the Building Code of Australia. 15. The capacity and effectiveness of erosion and sediment control devices must be

maintained at all times. 16. A copy of the Soil and Water Management Plan must be kept on site at all times and

made available to Council officers on request. 17. Drains, gutters, roadways and accessways must be maintained free of soil, clay and

sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.

18. The site must be provided with a vehicle washdown area at the exit point of the site for the duration of construction works. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

19. All disturbed areas must be stabilised against erosion within 14 days of completion, and prior to removal of sediment controls.

20. Provide a Surveyor’s Certificate to Council prior to the pouring of concrete at ground and first floor slab level indicating the finished floor level to a referenced benchmark. These levels must relate to the levels indicated on the approved architectural plans and/or the hydraulic details.

21. Under Clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

i) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

b) BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000."

LANDSCAPING

22. The site is to be landscaped in accordance with the submitted landscape plan title ‘Planting Concept’, drawn by T.J. Antiohos and Associates, Issue 1 (amended 29 January 2009), and be carried out in accordance with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees, except as amended by the following conditions:

22.1. Plant Schedule should include pot sizes for proposed plantings. These sizes should be a min. 75ltr for tree plantings, min. 300 mm pot sizes for hedge plantings and min 200 mm pot sizes for garden plantings.



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22.2. Sections/construction details for typical tree planting. 23. The existing street trees, 5 x Callistemon viminalis (common name Weeping

Bottlebrush) growing on the nature strip in front of the properties and marked as trees 1 to 5 in the submitted Arboricultural Assessment Report submitted Arboricultural Assessment Report, must be retained and protected. A 2 x 2 metre protective barrier must be erected around the tree’s trunk prior to construction as per the detail Arboricultural Assessment Report – Annuxure C. This barrier must be well maintained during construction. No building material storage or construction activity shall be allowed to encroach within this tree protection zone.

24. The existing property tree, Eucalyptus sideroxylon (common name Mugga Mugga Iron Bark) growing in the front yard of property Number 14 Poole Street and marked as trees 6 in the submitted Arboricultural Assessment Report, must be retained and protected during construction. A 5.3 x 5.3 metre protective barrier must be erected around the tree’s trunk prior to construction as per the detail Arboricultural Assessment Report – Annuxure C. This barrier must be well maintained during construction. No building material storage or construction activity shall be allowed to encroach within this tree protection zone.

25. The existing property tree, Alnus jorullensis (common name Mexican Alder) growing in the rear neighbouring property of Number 18 Poole Street and marked as tree 14 in the submitted Arboricultural Assessment Report, must be retained and protected during construction. A 6 x 6 metre protective barrier must be erected around the tree’s trunk prior to construction as per the detail Arboricultural Assessment Report – Annuxure C. This barrier must be well maintained during construction. No building material storage or construction activity shall be allowed to encroach within this tree protection zone. Pruning of any overhanging branches of the tree would require a separate application is to be made to the Council’s Tree Preservation Officer. Work may only be undertaken if written approval has been granted. Approval for any pruning must also be gained from the owners of the neighbouring property on which the tree is located on.

26. The existing property tree, Ligustrum lucidum (common name large Leafed Privet) growing in the rear neighbouring property of Number 18 Poole Street and marked as trees 15 in the submitted Arboricultural Assessment Report, must be retained and protected during construction. This is an exempt species under councils Tree Preservation Order but since it is on a neighbouring lot it must still be protected during development for stability and safety reasons. As such, a 3 x 3 metre protective barrier must be erected around the tree’s trunk prior to construction as per the detail Arboricultural Assessment Report – Annuxure C. This barrier must be well maintained during construction. No building material storage or construction activity shall be allowed to encroach within this tree protection zone.

27. The existing property tree, Brachychiton acerifolius (common name Illawarra Flame Tree) growing in the neighbouring property of Number 22 Poole Street and marked as trees 21 in the submitted Arboricultural Assessment Report, must be retained and protected during construction. A 4 x 4 metre protective barrier must be erected around the tree’s trunk prior to construction as per the detail Arboricultural Assessment Report – Annuxure C. This barrier must be well maintained during construction. No building material storage or construction activity shall be allowed to encroach within this tree protection zone. This will have implications of the design of the stormwater as two proposed pits are shown to be located within this tree protection zone. Pruning of any overhanging branches of the tree would require a



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separate application is to be made to the Council’s Tree Preservation Officer. Work may only be undertaken if written approval has been granted. Approval for any pruning must also be gained from the owners of the neighbouring property on which the tree is located on.

28. The existing property tree, Jacaranda mimosifolia (common name Jacaranda) growing in the front yard of property Number 22 Poole Street and marked as trees 23 in the submitted Arboricultural Assessment Report, must be retained and protected during construction. A 4 x 4 metre protective barrier must be erected around the tree’s trunk prior to construction as per the detail Arboricultural Assessment Report – Annuxure C. This barrier must be well maintained during construction. No building material storage or construction activity shall be allowed to encroach within this tree protection zone. Pruning of any overhanging branches of the tree would require a separate application is to be made to the Council’s Tree Preservation Officer. Work may only be undertaken if written approval has been granted. Approval for any pruning must also be gained from the owners of the neighbouring property on which the tree is located on.

29. All trees to be retained must be mulched within the trees drip zone with horticultural standard mulch to 75mm depth to help protect the trees’ soil moisture and nutrients level during construction.

30. The existing property trees listed in the table below may be removed to accommodate construction. The removal of these trees is conditional on its replacement with a suitable species as shown on the submitted landscape plan. Tree Number as per

submitted Arboricultural

Assessment Report

Botanical Name Common Name

T7 Pittosporum undulatum Sweet Pittosporum

T8 – T12 Ligustrum lucidum Large Leaved

T13 Plumeria acutifolia Frangipani T15 Ligustrum lucidum Large Leaved

T16 Michelia figo Port Wine Magnolia T17 Acer negundo Box Elder

T18 Cinnamomum camphora Camphor laurel T19 Liquidambar styraciflua Liquidambar

T20 Cinnamomum camphora Camphor laurel

T22 Metrosideros excelsa NZ Christmas Bush ENGINEERING

31. The stormwater system be constructed in accordance with the plans, specifications and details received by Council on 15th October 2008; hydraulic plan numbers HO1 – HO3, issue 1 dated Sep 2008 prepared by Wallis & Spratt PTY LTD Consulting Charted Engineers.

31.1. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site to Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.

31.2. A Works-as-Executed plan must be submitted at the completion of the work indicating all the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and



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standards. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

32. A full width light duty vehicular crossing shall be provided at each vehicular entrance to the site, with a maximum width of 3.0 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.



35. Driveways, parking and service areas are to be constructed or repaired in accordance with the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

36. An easement to drain water being created in favour of the property to be developed over downstream property number 45 Warejee Street to permit the disposal of stormwater to Warejee Street in accordance with Clause 4.7 of Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”. Documents relative to the creation of the easement are to be lodged with the Land and Property Information NSW including a requirement that the easement created shall not be released marked or modified without Council's consent. Registration of the easement is to be effected prior to occupation.


38. The reconstruction of the kerb and gutter along areas of the site fronting Poole Street is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

39. The reconstruction of concrete footpath paving and associated works along areas of the site fronting Poole Street is required. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.



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40. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision. A copy of Sydney Water’s Notice of Requirements must be submitted to Council.


Notes: a) Any works to be carried out by Council at the applicant’s cost need to be

applied for in advance. b) The relevant Council Manuals and AUS-SPEC specifications referred to are

available from Council for a fee. c) Private contractors shall submit an application and pay an inspection fee to

Council seven days prior to commencement of any works on the footpath or roadway. No work shall be carried out without Council approval.

d) The applicant is to ensure that landscaping and hydraulic plans are co-ordinated. Hydraulic details such as pits, stormwater lines, detention tanks and retaining walls are to be shown on the Landscape Plan as these can affect layout of garden beds and plantings.

e) Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

f) Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

g) If you are not satisfied with this determination, you may: o Apply for a review of a determination under Section 82A of the


o Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.



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(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you should require any further information, please do not hesitate to contact Rita Nakhle in City Planning, on 9789 9449 Monday to Friday.


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SUBDIVISION OF TWO DRAINAGE RESERVES INTO 16

NEW ALLOTMENTS

FILE NO: 174/52BD


Ward: EAST

D/A No: DA-71/2009

Applicant:

Owner:

City of Canterbury

As Above

Zoning: Residential 2(a) - Canterbury Local Environmental

Plan 138 – Canterbury Precinct

Application Date: 25 February 2009

Summary:

• It is proposed to subdivide two existing lots currently used as a drainage reserve into 16 allotments to allow for the sale of this land to adjoining property owners.

• The subject sites are zoned Residential 2(a) under the provisions of the Canterbury Local Environmental Plan 138 – Canterbury Precinct. The proposed development is permissible subject to Council’s consent.

• The proposal has been assessed against our relevant codes and policies. A variation is being sought with regards to the subdivision requirements of Development Control Plan (DCP) 30 – Subdivision of Land which is discussed in the body of this report.



This report has no implications for the Budget. It is noted that future applications associated with the sale of the drainage reserve will financially benefit Council’s Budget. The assessment of the application supports our City Plan long term goal of Sustainable Urban Development and Healthy Finances.

Report:

Site Details

The proposal involves two sites. The first is Lot 4 in DP 1092601(52B Cheviot Street, Ashbury) which is a land locked site that extends from the rear of 52 Cheviot Street to the rear of 45 Crieff Street and 94 Hay Street. This site is currently a drainage reserve which accommodates a stormwater system (see Figure 1). Lot 4 has a total site area of 834.3sqm. The second site is Lot 3 in DP 1092601 (72A Hay Street) which has a total site area of 396.2sqm and extends from its Hay Street frontage to the rear of 56 Cheviot Street. Similarly this site accommodates an existing stormwater system (see Figure 1).


52B CHEVIOT STREET & 72A HAY STREET, ASHBURY: SUBDIVISION OF TWO DRAINAGE RESERVES INTO 16 NEW ALLOTMENTS (CONT.)

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Figure 1 Subject sites

Proposal

The subject Development Application seeks consent to subdivide two drainage reserves currently owned by Council into 16 allotments of varying size and dimensions (see Figure 2). The lot sizes will be as follows:

Proposed

Allotment

Approximate

Area (m2)

1 27 m2

2 35 m2

3 85 m2 4 85 m2

5 85 m2 6 85 m2

7 108 m2 8 116 m2

9 143 m2

10 5 m2 11 74 m2

12 74 m2 13 74 m2

14 74 m2

15 74 m2 16 74 m2

Table 1 Approximate area of proposed lots

52B Cheviot Street

72A Hay Street



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It should be noted that the areas provided in Table 1 above are only approximate areas and should consent be granted, a detailed survey indicating the dimensions of each of the allotments will be prepared. The intention of this subdivision pattern is to facilitate the sale of this land to adjoining property owners. Given that there is an existing stormwater system occupying both properties any consent would require a drainage easement in Council’s favour being created over the subject land.


When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:

• Canterbury Local Environmental Plan 138 – Canterbury Precinct

• Development Control Plan 30 – Subdivision of Land

Figure 2 Proposed subdivision pattern



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Assessment

The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge:

• Canterbury Local Environmental Plan 138 – Canterbury Precinct The site is zoned Residential 2(a) under the Canterbury Local Environmental Plan 138 – Canterbury Precinct. The Torrens title subdivision of land is permissible with the consent of Council and the proposal remains consistent with the objectives of the zone.

• Development Control Plan 30 – Subdivision of Land (DCP 30) The proposed subdivision will result in the creation of 16 allotments of varying size and dimensions. The lot sizes will vary from 5m2 to 143m2. The size and shape of the proposed allotments do not comply with the numerical standards detailed in Clause 3 of DCP 30. However, it is considered that a condition binding the applicant to sell the subdivided land to the adjoining properties and consolidate the lots would render the proposed land subdivision acceptable, and satisfactory to meet the objectives of Clause 3 in DCP 30 as the new allotments will provide additional land area for the adjoining properties rather than becoming separate allotments of land. It should also be noted that at present parts of the subject sites are currently being used by adjoining property owners. In most instances formal agreements exist between Council and adjoining property owners for the occupation of the drainage easements, however there are several properties that are benefiting from the use of this drainage reserve area without any formal agreement with Council existing.

Notification

Clause 3.1 of DCP 32 stipulates that notification of a development application is not required where the application relates to the subdivision of land. Given that the proposal involves the subdivision of land, this application was not notified.

Conclusion

The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. As outlined throughout this report, the proposal is permissible. Although the proposal does not meet the numerical requirements of DCP 30, it adequately satisfies the Code’s objectives and as such, the variation is considered to be acceptable. In this regard, it is recommended that the DA be approved subject to conditions.

RECOMMENDATION:

THAT Development Application 71/2009 be APPROVED subject to the following conditions: GENERAL

1. The development being carried out substantially in accordance with the plans received by Council on 25 February 2009, except where amended by the conditions specified in this Notice.



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2. The proposed lots be made the subject of a restrictive covenant to the effect that the lots may not be sold, transferred or otherwise dealt with, except to be consolidated with an adjoining parcel or parcels of land.

SUBDIVISION

3. The submission of one final plan of subdivision and five copies. 4. The satisfactory completion of all conditions of this Development Consent prior to

the release of the final plan of subdivision. 5. An easement to drain water 6.096m wide, located over the whole of what is now

known as Lots 3 and 4 in DP1092601 being created in favour of Council. Documents relative to the creation of the easement are to be lodged with Land and Property Information NSW with the Subdivision Certificate and Linen Plans, with Registration being effected prior to consolidation of adjacent lots.


6. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision.

WE ALSO ADVISE 7. Our decision was made after consideration of the matters listed under Section 79C

of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

8. If you are not satisfied with this determination, you may: 8.1 Apply for a review of a determination under Section 82A of the

Environmental Planning and Assessment Act 1979. A request for review must be made and determined within 12 months of the date of this Notice of Determination and be accompanied by the relevant fee; or

8.2 Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. (Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry)

If you should require any further information, please do not hesitate to contact Kate Mirow in City Planning, on 9789 9512 Monday to Friday.


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WEST WARD

4 186-190 KINGSGROVE ROAD, KINGSGROVE: DEMOLITION

OF STRUCTURE, CONSTRUCTION OF INDUSTRIAL UNITS

AND ASSOCIATED STRATA SUBDIVISION ON LOT 2



Ward: WEST

D/A No: DA-510/2008

Applicant:

Owner:

Brecon Builders

Kingsgrove Business Precinct Pty Ltd

Zoning: Light Industrial 4(b) under Canterbury Planning

Scheme Ordinance 1970

Application Date: 11 September 2008, further information received

on 3 December 2008, 11 December 2008, 22

January 2009 and 6 March 2009

Summary:

• It is proposed to demolish existing structures, construct 29 industrial units and strata subdivide the development site into 29 strata lots.

• The proposal is permissible with our consent within the 4(b) Light Industrial zone under the Canterbury Planning Scheme Ordinance.

• The development has been assessed against the provisions contained within Canterbury Planning Scheme Ordinance 1970, Council’s Development Control Plan 9 – Non-Residential Buildings Adjoining Residential Zones, Development Control Plan 20 – Car Parking Code, Development Control Plan 21 – Industrial Development Code, Development Control Plan 29 – Crime Prevention Through Environmental Design, Development Control Plan 45 – Landscape and Development Control Plan 48 – Waste Management. The proposal generally satisfies the relevant provisions contained within each of these plans/policies.

• The application was notified in accordance with the requirements of DCP 32 – Notification Policy. One submission was received in response. The issues raised in the submission and our responses to those issues are provided in the body of this report.



This report has no implications for the Budget. The assessment of the application supports our City Plan long term goal of Sustainability Urban Development.


186-190 KINGSGROVE ROAD, KINGSGROVE: DEMOLITION OF STRUCTURE, CONSTRUCTION OF INDUSTRIAL UNITS AND ASSOCIATED STRATA SUBDIVISION ON LOT 2 (CONT.)

Page 54

Report:

Background

On 19 May 2008, Development Consent DA-51/2008 was issued for the ‘construction of a fire wall to create two tenancies in an existing factory building and subdivision creating two strata title lots’ on the subject site. Pursuant to the issuing of this consent, we received a copy of the Strata Certificate and Strata Plan on 16 October 2008 which was issued by Ian Baker Consulting Pty Ltd. The smaller of the two lots is located at the front of the site, is known as Lot 1 and has an area of 652sqm. The larger of the two lots is located at the rear of the site, is known as Lot 2 and has an area of 6,130sqm. The subject development application (DA-510/2008) deals with an industrial development proposed for Lot 2. We are also currently assessing a separate development application (DA-668/2008) for the ‘fitout and use of existing factory unit for the repair of air conditioning systems’ on Lot 1.

Site Details

• The subject site, being Lot 2, forms part of a two lot strata subdivided industrial site located on the eastern side of Kingsgrove Road, opposite its intersection with Omnibus Road, Kingsgrove.

• The site is accessed from two existing driveways along the Kingsgrove Road frontage.

• The site is largely rectangular in shape with a width of approximately 50 metres. The rear portion of the site is slightly wider with a width of approximately 61 metres. The site has a total area of 6130sqm.

• A part two storey and a part three storey brick and metal factory building currently exists on the site.

LOT 2

LOT 1



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• Industrial landuses adjoin the site to the north, south and west. Residential dwellings are located to the rear (east) of the site. The M5 motorway is located approximately 200m to the south of the site.

Proposal

It is proposed to demolish existing structures, construct 29 industrial units and strata subdivide the development site into 29 lots. The development will be two levels. Details of the proposed development are as follows:

• Upper Ground - Entry to this level is provided via a driveway located along the northern end

of the site. - 12 industrial units ranging in areas between 124sqm and 552sqm, each

provided with a mezzanine level. - Associated landscaping and car parking.

• Lower Ground - Entry to this level is provided via a driveway located along the southern

end of the site. - 17 industrial units ranging in areas between 107sqm and 334sqm, 11 of

which are provided with a mezzanine level. - Associated landscaping and car parking.

Four separate stairways and a lift are provided to connect access between the two levels. The proposal is not seeking approval for the occupation of the industrial units, and as such should this application be approved, then a condition will be imposed requiring separate development applications to be submitted for the specific use of the units.


When determining this application the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered and in this respect the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:

• Canterbury Planning Scheme Ordinance 1970

• Development Control Plan 9 – Non-Residential Buildings Adjoining Residential Zones

• Development Control Plan 20 – Car Parking Code

• Development Control Pan 21 – Industrial Development Code

• Development Control Plan 29 – Crime Prevention Through Environmental Design

• Development Control Plan 45 – Landscape

• Development Control Plan 48 – Waste Management



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Assessment

The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge:

• Statutory Position - Permissibility The site is zoned Light Industrial 4(b) under the CPSO and the proposed development, classified as a ‘light industry’ and ‘warehouse’, is permissible with the consent of Council under the Ordinance. Clause 44 of the CPSO sets out floor space ratios (FSR) for the various zones. The control for the 4(b) zone is set at 1.5:1. The proposed building relative to the subject site provides for a FSR of 1.01:1. Hence, the development complies with this provision. Clause 48 of the CPSO restricts development in light industrial to a maximum site coverage of two-thirds (or 66%) of the area of such land. The total site coverage with the proposed development relative is 47%. Hence, the development complies with this provision.

• Development Control Plan 9 - Non-Residential Buildings Adjoining

Residential Zones (DCP 9) DCP 9 contains three design requirements which are relevant to this proposal namely: - The proposed development is contained within the Building Height Plane,

which is a plane projected at a 45º angle measured, extending from 1.8 metres above natural ground level at the boundary of any adjoining residential zones.;

- The site be landscaped to Councils satisfaction; and - Adequate solar access to adjoining sites is maintained. In regard to the above: 1. The applicant has demonstrated that the proposed development complies

with the Building Height Plane control when applied along the rear boundary which adjoins residentially zoned sites.

2. The proposed landscape plan is satisfactory. Our Landscape Architect has reviewed the details provided with the application and has no objection subject to the imposition of certain conditions.

3. Overshadowing impact onto adjoining residentially zoned sites to the rear of the site (facing Arinya Street) is only minor. It has been demonstrated that solar access is adequately maintained onto adjoining properties.

The proposal therefore satisfies the design requirements of DCP 9.



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� Development Control Plan 20 – Car Parking Code (DCP 20)

The proposed building compares to Council’s DCP 20 as follows:


Upper Ground Light Industry = 1 space per 100m² Office = 1 space per 40m²

Light Industry - 1 space per 100m² for 2359m² = 23.59 � 24 spaces Office - 1 space per 40m² for 952m² = 23.8 � 24 spaces Total Required: � 48

spaces

52 spaces provided, 7 of which are provided on the lower ground and 1 of which is a disabled car space

Yes

Lower Ground Light Industry = 1 space per 100m² Office = 1 space per 40m²

Light Industry - 1 space per 100m² for 2342m² = 23.42 � 23 spaces Office - 1 space per 40m² for 569m² = 14.2 � 14 spaces Total Required: � 37

spaces

56 spaces provided, 1 of which is a disabled car space

Yes

Note: The Parking Allocation Plan provided by the applicant shows that all the units are provided with the required number of car parking (as a minimum) based on an individual assessment of the unit size against the car parking rates of DCP 20. The smaller units have all been allocated at least 2 spaces. Access and Driveway Widths

6m-9m min for combined driveway

Access and internal driveways on both the upper and lower ground have widths of between 6m and 9m

Yes

Disabled Parking In accordance with BCA Disabled parking provided Yes

Drainage Carpark to have adequate drainage

Considered by Development Engineer and found to be satisfactory

Yes

Loading/ Unloading Facilities

Avoid standing or blocking a public road, laneway or service road

Loading/unloading facilities provided for each unit

Yes

Minimise danger to pedestrians

Internal roadway, parking spaces and unit entrances are well defined minimising potential danger between pedestrian and vehicular movements

Yes

Minimise danger to vehicles Manoeuvring areas on site is adequate

Yes

Minimum service bay dimensions to be in accordance with types of vehicles likely to service the site

The loading bays on both levels to be restricted to 6.4m trucks/vans (Small rigid vehicles). Condition to be imposed to this effect.

Yes

Parking Spaces Dimension to comply with AS 2890.1 – 2004.

Dimensions of car parking spaces to be conditioned to comply with AS 2890.1-2004

Yes

Parking allocation Minimum of 2 spaces / industrial unit

A minimum of 2 spaces have been allocated to each industrial unit

Yes



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Based on the above assessment, it is considered that the proposed development is generally consistent with the provisions of DCP 20.

� Development Control Plan 21 – Industrial Development Code (DCP 21) The development compares to the provisions contained within DCP 21 as follows:

Standard Requirement Proposal Complies Site Frontage 23 metres The subject lot (Lot 2) does not

have a street frontage but a width of between 50-61m. The adjoining Lot 1 has a frontage to Kingsgrove Rd of approximately 55m. Access off Kingsgrove Road is by common driveways.

Yes

Site Coverage Maximum allowable site coverage is 66%

47% Yes

Building Setback

10 metres Approx 35m Yes

10% (613m2) of total site area being provided as landscaped area in front alignment area of the site

10.6% (647.7m2) total landscaped area provided throughout the site and not in the front alignment area

See comments below

Landscaping

A minimum 3 metre wide landscape strip is to be provided across the property frontage

The subject lot does not a frontage to the street

N/A

Car Parking Refer to the assessment provided against the provisions contained in DCP 20

Refer to the assessment provided against the provisions contained in DCP 20

Yes

Loading / Unloading



Yes

Air, water, noise pollution

Hours of operation restricted to between 7.30am – 5.30pm Monday to Friday and 7.30am and 1.00pm on Saturdays

Future uses of the industrial units are unknown – their hours of operation will be assessed at their separate DA assessment stage

Yes

Waste Storage and Disposal

The location of waste containers are to be screened from public view

Waste containers are proposed to be placed away from public view

Yes

As demonstrated in the above table, the proposed development satisfies the requirements of DCP 21, however the following matters require further discussion as noted below: Landscaped Area Part 7(1) of DCP 21 states that a minimum landscaped area of not less than 10% of the total site area shall be provided, between the building and front alignment of the property. For the subject proposal, this requires that a minimum landscaped area of not less than 613sqm be provided towards the front part of the site.



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Given that the subject site is located to the rear of an existing building (on Lot 1) which faces the street – the requirement to provide the required landscaped area between the building and front alignment can not be achieved Notwithstanding the above, the development does provide for a landscaped area of 647.7sqm (or 10.6% of the total site area) provided across the whole of the site, which is slightly in excess of amount required in DCP 21. The issue of non compliance relates to the location of these landscaped areas. Given the circumstances, a variation to the control is considered warranted in this instance. The landscaping provided throughout the site, does contribute positively to the development by softening the proposed built form on site. It is considered that the development meets the relevant objectives of the Code and is acceptable in its proposed form.

• Development Control Plan 29 – Crime Prevention Through Environmental

Design (CPTED) (DCP 29) It is necessary to consider the provisions contained within DCP 29 to ensure that the design of the development promotes community safety and security whilst discouraging the incidence or introduction of anti-social behaviour. Having regard to the principles contained in DCP 29, namely natural surveillance, access control and ownership, the applicant provides the following details in support of the proposed development: - The design of the ‘office’ component of the warehouse units on both levels

of the proposed buildings is such that they are located at the upper level

and project beyond the face of the building. In doing this as a glazed

element, surveillance in multiple direction is achieved. - Where there is a change in direction of the driveway and pedestrian access

ways on each level, a system of mirrors will be provided on each change of

direction to allow users to see ahead of them and around corners. - All stairwells connecting the ground and upper levels will be provided with

glazed panels where it is appropriate to do so. - It is proposed to have video surveillance within the proposed lift to assist in

the safe operational of the lift during all hours of operation. - The two entries from Kingsgrove Road will be made prominent with design

features and appropriate signage. - Landscaping around the carpark areas on both levels will be designed to

allow clear visibility to both pedestrian and traffic users. - Appropriate lighting will be used within the access driveways, the

carparking areas and on the building themselves… - Security shutters for after hours will be provided on both vehicular

entrances however both shutters will be permeable. - The entry points will be clearly identified by street numbers with

recognisable design features and directional signage. This will prevent

unintended access and assist persons trying to locate the property. - By-laws for the Owners Corporation will be drafted to include the speedy

repair or cleaning of damaged or vandalised property, and the swift

removal of graffiti.



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In line with the principles of CPTED, the applicant has demonstrated that the proposed development will provide adequate natural surveillance, good access control measures and physical ways to express ownership. It is therefore considered that the proposal satisfies the relevant provisions contained within DCP 29.

• Development Control Plan 45 – Landscape (DCP 45) The proposal complies with the requirements of DCP 45, our Landscape Architect has assessed the Landscape Plans submitted in support of the application, and is generally satisfied with the landscaping proposal. An appropriate condition requiring the landscaping to be constructed in accordance with this plan is included in the draft conditions of consent.

• Development Control Plan 48 – Waste Management (DCP 48) In reference to compliance with the requirements of DCP 48, our Waste Services Co-ordinator has reviewed the submitted information and associated plans, and is generally satisfied with the proposal, and recommends that a number of conditions be imposed on any development consent issued.

• Strata Subdivision The proposal involves a 29 lot strata subdivision within the newly created Strata Lot 2. In this regard, the applicant’s surveyor makes reference to Sections 5 (5) and (7) of the Strata Schemes (Freehold Development) Act 1973, and provides the following comments:

“Such a subdivision is a subdivision of an existing Strata Lot in an existing

Strata Scheme into 2 or more lots or into, Lots and Common Property. It is

carried out with the consent of the Owner’s Corporation of the existing

Strata Scheme.

In the circumstances of the land at No.186-190 Kingsgrove Road,

Kingsgrove, and existing Strata Scheme exists comprising 2 lots, Lot 1 and

Lot 2… A ‘Strata Plan of Subdivision’ is proposed; this plan will subdivide

Lot 2 into 29 further lots, comprising Lots 3 to 30 in the same Strata

Scheme…the Strata Certificate for the “Strata Plan of Subdivision” can be

issued by either Council or an Accredited Certifier under either Section 37

or 37A respectively, of the “Strata Schemes (Freehold Development) Act

1973.”

The applicant has provided documentation from the owner of Lot 1, being Air Conditioning Engineering Services Pty Ltd, who is a member of the Body Corporate in Strata Plan 81452, stating they have no objection to a Strata Subdivision of Lot 2 into a further 29 lots. We have considered the allocation of car parking spaces, access arrangements and loading facilities of the proposed development to be adequate, and as such raise no objection to the proposed strata subdivision of Lot 2 into further 29 lots.



Page 61

Referrals

• Canterbury Traffic Committee The development application was considered by the Canterbury Traffic Committee at its meeting on 1 December 2008. The Committee was generally satisfied with the traffic generation rates and parking provisions of the proposed development, but in regard to access/loading docks, it made the following comments: - Access to the lower level is to be restricted to 8.8m trucks, or less - Access to the upper level is to be restricted to 12.5m trucks (medium rigid

vehicles), or less - The loading bays on both levels be restricted to 6.4m trucks/vans or less

(small rigid vehicles) The recommendations from the Committee meeting are as follows: 1. The issues relating to truck access to the site at 186-190 Kingsgrove Road

and the loading docks onsite, as detailed in the report (as above), be included as conditions of consent should the application be recommended for approval.

2. Any additional requirements of the RTA or the Police be included as conditions of consent should the application be recommended for approval.

Following a review of the proposal by our Waste Services Coordinator, it was raised that the development must be able to provide adequate access and manoeuvring for Council’s waste collection contractor vehicles (being 11m in length) on both levels. The upper level of the proposed development does allow for this, as it can accommodate for vehicles up to 12.5 metres. In regard to the lower level, the condition above which states that ‘access to the lower level is to be restricted to 8.8m trucks, or less’ was re-assessed and reviewed by our Team Leader of Traffic following the comments received by our Waste Services Coordinator. In this regard, upon our request, the applicant provided additional information in the form of truck turning templates demonstrating that vehicles up to 11m in length can access and manoeuvre within the lower level of the proposed development. These templates were assessed by our Team Leader of Traffic and were considered satisfactory. As such, the Committee’s comment that ‘access to the lower level is to be restricted to 8.8m trucks, or less’ is to be amended to state that ‘access to the lower level is to be restricted to 11m trucks, or less’. Accordingly, should development consent be issued, the recommendations of the Committee should be imposed as conditions of consent.

• Road and Traffic Authority Additional comments have been provided by the RTA in regard to the subject proposal, as the subject site falls within the immediate vicinity of traffic control signals. The main comments of the RTA relate to restricting both driveways of the site to have left-in/left out movements only. It is stated that this will require a revised traffic signal plan to be submitted to the RTA for approval.



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Additional comments in the RTA submission relate to ensuring that:- - off street parking associated with the proposed development is designed in

accordance with the relevant Australian Standards, - the proposed changes to the Kingsgrove Road/ Omnibus Road signalised

intersection shall be designed to meet RTA’s requirements, and endorsed by a suitably qualified and chartered engineer,

- the developer is responsible for all public utility adjustment/relocation works,

- all works/regulatory signposting associated with the proposed development shall be at no cost to the RTA.

Should development consent be issued, the comments made in the RTA submission should be incorporated and imposed as conditions of consent.

• Disability Access Committee The Disability Access Committee has provided their comments in relation to the development. The Committee raises no objection to the development proceeding subject to the imposition of relevant conditions of consent.

Notification

The development application was placed on notification for 14 days as required under Council’s Notification Policy (DCP 32) between 26 September 2008 and 10 October 2008. One submission was received in response. The submission nominated the following issues of concern that are discussed below:

• What are the details of what is planned for the boundary fence at the rear of

the site?

Comment The applicant has advised that it is the owners’ intention to construct a 1800mm high fence along the rear boundary of the subject site. This will be imposed as a condition of consent should this application be approved, along with the following two conditions: - Renewal or provision of fencing, attributable to the proposed development

being the responsibility of the developer. - With the concurrence of the effected adjoining properties, 600mm of lattice

being provided above and along the rear boundary fence at the applicant’s cost.

• Concern is raised in regard to the proposed uses of the courtyards proposed

at the rear of Units 2.04, 2.05 and 2.06. If these courtyards are used as

smoking or meal areas, this would result in noise and odour which would

adversely impact on the privacy and comfort of adjoining residents.

Comment Should this application be approved, it is recommended that the following three conditions be imposed on the consent to ensure that the proposed rear courtyards are not used for recreational purposes and hence the privacy and amenity currently enjoyed by the residents at the rear is maintained.



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- The courtyard areas at the rear of Unit 2.04, Unit 2.05 and Unit 2.06 are to be fully landscaped with the inclusion of a raised planter box along the outer perimeter of the courtyards.

- The courtyard areas at the rear of Unit 2.04, Unit 2.05 and Unit 2.06 are not to be used by staff for recreational purposes. Access into the courtyards areas must only be for landscape maintenance purposes.

- The rear doors of Unit 2.04, Unit 2.05 and Unit 2.06 are to be fitted with an automatic closer together with a door opener alarm set for a short period (approximately for 1 minute) and hardwired with no on-off switch.

• Will these courtyards be built above the ground level of the rear yards of the

adjoining residential properties?

Comment The proposed levels of Units 2.04, 2.05 and 2.06 vary across the length of the rear boundary. At the southern part of the site to the rear of Unit 2.06, the courtyard is above the level of the adjoining property. At the northern part of the site to the rear of Unit 2.04, the courtyard is just below the level of the adjoining property. Taking into account the abovementioned conditions restricting the use of this area, no amenity issues are anticipated.

• The trees to be planted at the back boundary seem to be rough bark apple

gums. These trees have narrow branches, flower nicely and attract native

birds, but they do grow very tall and have very rigorous root systems. Some

of these trees are planted on the nature strip of Arinya Street where they are

busily lifting the footpath, cracking fences and invading sewer pipes. As such,

concern is raised that these trees, and the associated root system will impact

adversely on the adjoining residential properties.

Comment The applicant was informed of this issue of concern and as a result, the rough bark apple gum trees have now been replaced by ‘Tuckeroo’ trees, which is considered to be a more suitable tree at that location.

Conclusion

The development application has been assessed pursuant to the provisions of Section 79C(1) of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. As the report demonstrates, the proposal generally satisfies the relevant provisions contained within CPSO, DCPs 9, 20, 21, 29, 45 and 48. Accordingly it is recommended that the application be approved.



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RECOMMENDATION:

THAT Development Application DA-510/2008 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

1. The following must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate: 1.1. Details of:

• Protection from Termites

• Structural Engineering Plan

• Building Specifications

• Fire Safety Schedule

• Hydraulic Plan

• Sydney Water Notice of Requirements

• Firewall Separation

• Soil and Waste Management Plan

• Mechanical Ventilation

• A re-design of the layout so that it is in accordance with Parts D1.4 and D1.5 of the BCA regarding exit travel distance and distance between alternative exits.

1.2. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or to Council.

1.3. Payment to Council of: Kerb and Gutter Damage Deposit $6,000.00 Certificate Registration Fee $30.00 Long Service Levy $12,950.00

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $5,797.50 Inspection Fee $1,580.00 Occupation Certificate Fee $501.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 3: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 4: All fees referred to above are subject to change. You need to refer to our website or contact our Customer Services Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT

2. Before the erection of any building in accordance with this Development Consent; 2.1. detailed plans and specifications of the building must be endorsed with a

Construction Certificate by the Council or an Accredited Certifier, and 2.2. you must appoint a Principal Certifying Authority (either Canterbury City

Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and



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2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

SITE SIGNAGE

3. A sign shall be erected at all times on your building site in a prominent position stating the following: 3.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and 3.2. The name of the person in charge of the work site and a telephone number

at which that person may be contacted during and outside working hours, and

3.3. That unauthorised entry to the work site is prohibited. DEMOLITION

4. Demolition must be carried out in accordance with the following: (j) Demolition of the building is to be carried out in accordance with applicable

provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

(k) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the WorkCover Authority of New South Wales (Ph. 9370 5099 – Asbestos Hotline).

(l) Demolition being carried out in accordance with the requirements of the Occupational Health and Safety Regulation 2001.

(m) A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.

(n) Demolition of buildings is only permitted during the following hours: 7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays No demolition is to be carried out on Sundays or Public Holidays.

(o) Burning of demolished building materials is prohibited. (p) Adequate care is to be taken during demolition to ensure that no damage is

caused to adjoining properties. (q) Soil and water management facilities must be installed and maintained

during demolition in accordance with Council's Stormwater Management Manual. If you do not provide adequate erosion and sediment control measures and/or soil or other debris from the site enters Council's street gutter or road you may receive a $1500 on-the-spot fine.

(r) Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.

(s) The capacity and effectiveness of soil and water management devices must be maintained at all times.

(t) During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours.



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(u) A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).

(v) Toilet facilities must be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.

(w) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the NSW Community LEAD Advisory Service on 9716 0132 or 1800 626086 (freecall)

(x) Hazardous dust not being allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended.

(y) Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

GENERAL

5. The development being carried out in accordance with the plans, specifications and details set out in the table below except where amended by the conditions specified in this Notice: Plan No. Plan Title Prepared by Received by

Council on

Drawing 70804 DA 03, Issue C

Upper Ground Plan Jack Taylor Architects 22 January 2009

Drawing 70804 DA 04, Issue B

Upper Mezzanine Plan Jack Taylor Architects 22 January 2009

Drawing 70804 DA 05, Issue B

Lower Ground Plan Jack Taylor Architects 3 December 2008

Drawing 70804 DA 06, Issue A

Lower Mezzanine Plan Jack Taylor Architects 11 September 2008


Roof Plan Jack Taylor Architects 11 September 2008


Elevations/Sections 1 of 2

Jack Taylor Architects 11 September 2008


Elevations/Sections 2 of 2

Jack Taylor Architects 11 September 2008


Landscaped Areas Plan Jack Taylor Architects 3 December 2008

6. The roller shutters along the rear walls of Unit 2.04, Unit 2.05 and Unit 2.06 are to be deleted.

7. The courtyard areas at the rear of Unit 2.04, Unit 2.05 and Unit 2.06 are to be fully landscaped with the inclusion of a raised planter box along the outer perimeter of the courtyards.

8. The courtyard areas at the rear of Unit 2.04, Unit 2.05 and Unit 2.06 are not to be used by staff for recreational purposes. Access into the courtyards areas must only be for landscape maintenance purposes.



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9. The rear doors of Unit 2.04, Unit 2.05 and Unit 2.06 are to be fitted with an automatic closer together with a door opener alarm set for a short period (approximately for 1 minute) and hardwired with no on-off switch.

10. Finishes and materials including the treatment of external walls, roofs, roller shutters, downpipes and gutters being in accordance with the details presented in the ‘Schedule of Finishes’ dated 10 September 2008. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.


12. An 1800mm boundary fence must be constructed along the rear (eastern) boundary of the subject site.

13. With the concurrence of the effected adjoining properties, 600mm of lattice being provided above and along the rear boundary fence at the applicant’s cost.

14. The finishes of all structures and buildings are to be maintained at all times, with any graffiti or vandalism immediately removed/repaired.

15. All industrial roller doors shall be designed, constructed and maintained for quiet operation so as not to impact on the amenity of the adjoining residents.

16. The specific use of each of the new 29 individual industrial units being the subject of a separate Development Application to Council.

17. Access to the lower level is to be restricted to no greater than 11m trucks. 18. Access to the upper level is to be restricted to no greater than 12.5m trucks. 19. The loading bays on both levels be restricted to no greater than 6.4m trucks/vans or

less. 20. All car parking spaces being provided in accordance with the submitted plans to

the satisfaction of the Principal Certifying Authority. Such spaces, to be sealed, linemarked and made freely available at all times during business hours for staff and customers.

21. Off-street parking, access, and loading/unloading facilities associated with the proposed development is to be designed in accordance with AS2890.1-2004 and AS2890.2-2002.

22. Widths of car parking spaces adjacent to walls and blind aisles are to satisfy AS2890.1 – 2004.

23. Adequate lighting (to AS 1158.3.1:1999 standards) being provided and maintained in all the pedestrian and the carpark areas.

24. Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill.

25. Adequate signage is to be used to direct people to the designated access points throughout the site.

26. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.

27. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

28. The Development Consent hereby granted will automatically lapse and become void two years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.



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29. All building construction work must comply with the Building Code of Australia. 30. Structural Engineer’s details being approved by the Principal Certifying Authority

for all concrete footings, slabs, retaining walls and structural steel prior to building work reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

31. Any person causing excavation below the level of the base of footings on an adjoining allotment of land must, at their own expense (L.G. Approvals Reg, Clause 34): (a) preserve and protect the building from damage; and (b) if necessary, underpin and support the building in an approved manner; and (c) give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars to the owner of the proposed work at least 7 days in advance of the excavation. Submit Structural Engineer’s details for all retaining walls to the Principal Certifying Authority and obtain a Construction Certificate before construction of same. The details must be prepared by a qualified practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).


33. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

34. The construction site must have soil and water management controls implemented as described in Specifications S1 and S2 of Council’s Stormwater Management Manual.

35. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

36. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site.

37. The construction site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

38. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.

39. All vehicles carrying materials to or from the site having their loads covered at all times with tarpaulins or similar covers in accordance with the Roads (General) Regulation 2000, Section 1191)(d).

40. Erection of a hoarding/fence or other measure to restrict public access to the site and to building works, materials or equipment when building work is not in progress or the site is otherwise unoccupied.



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41. Where erection or demolition of a building involves the closure of a public place, or where pedestrian or vehicular access is to be obstructed or rendered inconvenient, the premises is to be provided with a hoarding and or sufficient awning to be erected to prevent any substance from, or in connection with the work falling onto the public place. The site is also to be kept illuminated between sunset and sunrise where it is likely to be dangerous for people using the public place.



RTA CONDITIONS 44. The driveway on the east side of Kingsgrove Road to the north of the traffic signals

at Omnibus Road must be physically restricted to left-in/left-out movements through the provision of a concrete median island which extends from the stop line to the northern property boundary of the site.

45. The driveway on the east side of Kingsgrove Road to the south of the traffic signals at Omnibus Road must be physically restricted to left-in/left-out movements only to maintain the existing level of service on Kingsgrove Road through the provision of a concrete median island which extends from the stop line to a distance of 10m south of the southern stop line. Notes: (1) To facilitate the abovementioned restriction at the southern access, this will

also require the installation of “No Right Turn” signage at the signalised intersection for northbound traffic along Kingsgrove Road and the provision of “Left Turn Only” signage within the proposed median island for vehicles leaving the site’s southern access.

(2) The abovementioned changes will require a revised traffic signal design plan to be submitted to the RTA for approval.

46. Off street parking associated with the proposed development (including driveways, grades, aisle widths, aisle lengths, turning paths, sight distance requirements, and parking bay dimensions) should be designed in accordance with AS 2890.1 – 2004 and AS 2890.2 – 2002 for loading areas. Parking provision is to be to Council’s satisfaction.

47. The proposed changes to the Kingsgrove Road/Omnibus Road signalised intersection shall be designed to meet RTA’s requirements, and endorsed by a suitably qualified and chartered engineer (i.e. who is registered with the Institute of Engineers, Australia). The design requirements shall be in accordance with the RTA’s Road Design Guide and other Australian Codes of Practice. The certified copies of the traffic signal design plan shall be submitted to the RTA for consideration and approval prior to the release of construction certificate by Council and commencement of road works. 47.1. The RTA fees for administration, plan checking, signal works inspections

and project management shall be paid by the developer prior to the commencement of works.



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47.2. The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works. If required, please note that the Works Authorisation Deed (WAD) will need to be executed prior to the RTA’s assessment of the detailed traffic signal design plans.

48. The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

49. All works/regulatory signposting associated with the proposed development shall be at no cost to the RTA.

WASTE MANAGEMENT

50. The owner of the development must indemnify Council’s waste collection contractor against damage that may result from their entry onto the property to collect waste bins. Council’s standard indemnity form shall be completed and returned to Council prior to the site being occupied.

51. Each of the industrial units is to have a designated internal area for the placement of waste and recycling containers. The area shall be sufficient to accommodate waste storage capacity, proportional to the floor area of the unit and the amount of waste likely to be generated (please refer to Appendix 3 of Development Control Plan 48 – Waste Management (DCP 48)).

52. Bins shall not be placed on the site where they obstruct access to any on-site car parking spaces or affect access to or from the loading dock.

53. Bins are not to be stored on any landscaping areas or on any car parking spaces. 54. The washing of waste containers shall be provided for each individual unit in a

way that will not pollute the stormwater system or surface water runoff from the site.

LANDSCAPING

55. Landscaping of the site being carried out in accordance with the Landscape Plan, Drawing No. 1518 LP-01, LP02 & LP03, drawn by John Lock and Associates Landscape Architecture and submitted to Council on 3 December 2008, and with AUS-SPEC #1 specification C257-Landscape – Roadways and Street Trees.

DISABILITY ACCESS

56. Main entry points at each level, and access points for each of the 29 industrial units, be accessible for people with disabilities. Any step, lip or significant level change at these entry points to be addressed by provision of a ramp that complies with AS1428.1 Clause 5 for width and gradient.

57. The width of the doorways at the main entry points to the industrial units should be at least 800mm to accommodate a person who uses a wheelchair.

58. Floor surfaces within the units should have a slip resistant surface in accordance with AS1428.1 Clause 12.

59. Accessible toilet facilities provided for the development must comply with the requirements of AS1428.1 Clause 10 for available circulation space within the cubicle. Grabrails should be provided and positioned in accordance with this standard. There should be a clearance of at least 1000mm between the WC pan and washbasin to ensure ease of use for a person who uses a wheelchair.

60. All accessible parking spaces planned for the development to comply with AS2890.1 for dimensions for car parking spaces suitable for people with disabilities. These spaces should have a firm plane surface and be marked with the international symbol of disability.



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HYDRAULICS

61. The stormwater system be constructed in accordance with the plans, specifications and details received by Council on 6th March 2009; hydraulic plan number DC1 & DC2 dated 05/03/09, Job Number 080152 prepared by Jones Nicholson Consulting Engineers and as amended by the conditions of this notice.

62. A stainless Steel orifice plate with a 260mm Ø machined hole must be fixed over the outlet pipe from the on-site detention tank, therefore; this 225 mm Ø outlet pipe from the OSD tank must be enlarged in size to accommodate the orifice plate diameter. A removable screen MAXIMESH RH 3030 with handle must also be installed over the orifice plate within the OSD tank.

63. Three (3) copies of detailed stormwater plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s Stormwater Management Manual – Specification 9.

64. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.

65. A Works-as-Executed plan must be submitted at the completion of the work to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA, indicating all the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. The plan shall record all the relevant design levels and dimensions of the OSD system. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and standards. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

66. A full width heavy duty vehicular crossing shall be provided at each vehicular entrance to the site, with a maximum width of 8.0 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.





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69. Driveways, parking and service areas are to be constructed or repaired in accordance with the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

70. A qualified practicing Civil Engineer shall design the pavements and certify that all driveways, parking and service areas have been constructed in accordance with the approved specifications. Design to be carried out in accordance with AUS-SPEC #1 Specification D2-Pavement Design. Construction is to be carried out in accordance with appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

71. Full width grated drains being provided across each vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the street drainage system in accordance with Clause 4 of Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.


73. The reconstruction of the kerb and gutter along areas of the site fronting Kingsgrove Road is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

74. The reconstruction of concrete footpath paving and associated works along areas of the site fronting Kingsgrove Road is required. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

75. The nature strip outside the property shall be repaired as necessary. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with AUS-SPEC #1 Specification C273-Landscaping.


76. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision.



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A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.


STRATA SUBDIVISION 78. When the above conditions have been complied with, the applicant should lodge

the strata subdivision plans with Principal Certifying Authority so that the final inspections/checks can be carried out by. Should the requirements be met, the plans will be signed and given to the applicant so that the subdivision can be registered with the Land and Property Information NSW.

CRITICAL INSPECTIONS

79. Class 5, 6, 7, 8 or 9 Buildings The following critical stage inspections must be carried out by the Principal Certifying Authority (either Council or the Accredited Certifier): 79.1. at the commencement of the building work, and 79.2. prior to covering any stormwater drainage connections, and 79.3. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. ADDITIONAL INSPECTIONS

80. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a development consent, if not carrying out the work as an owner-builder, must

notify the principal contractor for the building work of any critical stage

inspections and other inspections that are to be carried out in respect of the

building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT

81. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal Certifying Authority before partial/entire occupation of the development.

WE ALSO ADVISE: 82. This application has been assessed in accordance with the Building Code of

Australia. 83. Where Council is appointed as the Principal Certifying Authority, you will be

required to submit Compliance Certificates in respect of the following:

• Structural Engineering Work

• Air Handling Systems

• Protection from Termites

• Fire Safety 84. Your attention is directed to the following construction requirements of the

Building Code of Australia: 84.1. Glazing materials shall be selected and installed in accordance with the

relevant provisions of BCA Section B1.4 Clause B1.3 and Australian Standard 1288 and 2047.



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84.2. Termite risk management complying with BCA Clause B1.4 (1); and comprise termite resistant materials, or alternatively: (a) protect primary building elements (structural elements) from attack

by subterranean termites (compliance with AS 3660 Part 1) (b) furnish evidence from an accredited applicator/qualified pest

controller of the methods to be used to achieve this before commencement of construction.

(c) permanently affix a durable notice to the building in a prominent location (such as a meter box or the like), indicating: (ca) the method of protection; (cb) the date of installation of the system; (cc) where a chemical barrier is used, its life expectancy as listed

on the National Registration Authority Label; (cd) the installer's or manufacturer's recommendations for the

scope and frequency of future inspections. (d) furnish a certificate from an accredited applicator/qualified pest

controller upon completion of the building confirming that the system has been installed to comply with this condition.

84.3. The openings in the external walls being protected in accordance with BCA Clause C3.2. Protection may be by means of: (i) Doorways – internal or external wall-wetting sprinklers as

appropriate used with doors that are self-closing, or automatic closing, or -/60/30 fire doors (self-closing or automatic closing).

(ii) Windows – internal or external wall wetting sprinklers as appropriate used with windows that are automatic or permanently fixed in the closed position, -/60/- fire windows (automatic or permanently fixed in the closed position) or -/60/- automatic fire shutters.

(iii) Other openings – internal or external wall wetting sprinklers as appropriate or construction having a FRL not less than -/60/-.

84.4. The space below any non fire isolated stairway (including an external stairway) serving as a required exit if enclosed to form a cupboard or other enclosed space must have, to BCA Clause D2.8: (a) a fire resistance level of not less than 60/60/60 to enclosing walls/ceilings, and (b) any access doorway to the enclosed space fitted with a -/60/30 self-closing fire door.

84.5. Exit doorways (except for any class 9 building/portion) being a minimum clear width of 750mm and height of 1980mm. Exit doors shall swing in the direction of egress unless subject to a concession under BCA Clause D2.20. Any sliding exit doors must be able to be opened manually under a force of not more than 110 Newton, and power operated doors must comply with BCA Clause D2.19.



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Where necessary, bollards or other barriers shall be installed outside of exit doors to prevent obstruction by vehicles/goods or the like; paths of travel between exits leading to open space and the roadway must have unobstructed widths throughout not less than either the minimum width of the required exit or 1 metre, whichever is the greater; and where an exit discharging to open space is at a different level than the public road to which it is connected, the path of travel to the road must comply with BCA Clause D1.10.

84.6. Width of stairs, surface finishes of treads and landings, construction of treads and risers and handrails/balustrades to stairs complying with BCA Part D2.

84.7. Install a fire hydrant system to BCA Clause E1.3. Full hydraulic plans, details and a hydraulic design certificate (documenting compliance with Clause E1.3 and Australian Standard 2419.1 from a hydraulic engineer) must be submitted to the Principal Certifying Authority and approval obtained prior to installation of the system. A blank hydraulic design certificate is attached for this purpose. Existing street hydrants may be utilised where factors including location, coverage, water pressure and flow rates are adequate. Further information can be obtained by your hydraulic engineer from Sydney Water on telephone 13 20 92. Street hydrants utilised to comply with this condition must be detailed on the hydraulic design certificate. This item is an essential fire or other safety measure. A hydraulic design certificate (SC1100b) is attached.

84.8. Install a hose reel system to BCA Clause E1.4. Full hydraulic plans, details and a hydraulic design certificate (SC1100b attached) (documenting compliance with Clause E1.4 and Australian Standard 2441 from a hydraulic engineer) must be submitted to the Principal Certifying Authority and approval obtained prior to installation of the system. A blank hydraulic design certificate is attached for this purpose. Hose reels must be provided so that the nozzle end of a fully extended hose fitted to the reel and laid to avoid partitions or other physical barriers will reach every part of the floor of the storey; and be located: (a) externally; or (b) internally within 4 metres of an exit; or (c) internally adjacent to a hydrant (except in a fire isolated exit); or (d) in any combination of (a), (b) or (c), so that the hose will not need to pass through doorways fitted with fire or smoke doors (except doorways to electrical supply/class 2-4 units/shafts/equipment). Any system valve capable of isolating flow in the hose reel water supply main must: (a) be secured in the open position by a padlocked metal strap; and (b) be labelled with an engraved non-ferrous metal tag with 8mm upper case wording: FIRE SERVICE VALVE- CLOSE ONLY TO SERVICE FIRE HOSE REELS

This item is an essential fire or other safety measure. A hydraulic design certificate (SC1100b) is attached.



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84.9. Install portable fire extinguishers selected, located and distributed to BCA Clause E1.6/Table E1.6 and AS 2444. This item is an essential fire or other safety measure.

84.10. Install sprinklers to the occupancy of excessive hazard/carpark containing 40 or more car spaces to BCA Clause E1.5/AS 2118. The sprinkler system must be capable, upon operation, of activating a warning system to Clause 8, Specification C1.5/relevant provisions of AS 1670.1, as well as activating any smoke hazard management system to Clause 9, Specification E1.5. A sprinkler system serving a carpark must be separate from a system serving the rest of the building to Clauses 3/11 of Specification E1.5. Sprinklered/non sprinklered portions of a building must be separated to Clause 3, Spec C1.5/AS 2118. Sprinkler valve enclosures must be protected from tampering to Clause 6, Specification E1.5/AS 2118. This item is an essential fire or other safety measure. A hydraulic design certificate (SC1100b) is attached.

84.11. The installation of an automatic smoke detection and alarm system in the building, comprising an automatic smoke detection and alarm system complying with Specification E2.2a of the Building Code of Australia, (inclusive of system monitoring to Clause 7, unless otherwise approved by the NSWFB). This is an essential fire or other safety measure.

84.12. Emergency lighting complying with AS/NZS 2293.1 being installed throughout the building where required under BCA Clause E4.2. This item is an essential fire or other safety measure.

84.13. Exit signs being provided in accordance with BCA Clause E4.5. This item is an essential fire or other safety measure.

84.14. The building being either naturally ventilated in accordance with BCA Clause F4.5 or mechanically ventilated or air-conditioned in accordance with Clause F4.6. Details and specifications being submitted to the Principal Certifying Authority with the application for a Construction Certificate. This item is an essential fire or other safety measure if serving a life safety function.

84.15. All fire safety services to be installed in accordance with the BCA volume one class 2 to 9 or an alternative solution be submitted which complies with the Performance Requirements of the Building Code of Australia.

85. Council has a Stormwater Management Manual - Specification 9 - A Guide to Stormwater Drainage Design, to assist in the preparation of hydraulic details. It comprises:

• Specifications 1-8 Stormwater pollution control measures.

• Specification 9 Preparation of hydraulic details.

• Specification 10 Flood management and flood proofing code. The document/specifications are available from City Works for a fee.

86. The relevant Council Manuals and AUS-SPEC specifications referred to are available from Council for a fee.

87. Private contractors shall submit an application and pay an inspection fee to Council seven days prior to commencement of any works on the footpath or roadway. No work shall be carried out without Council approval.

88. The applicant is to ensure that landscaping and hydraulic plans are co-ordinated. Hydraulic details such as pits, stormwater lines, detention tanks and retaining walls are to be shown on the Landscape Plan as these can affect layout of garden beds and plantings.



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89. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

90. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

91. In granting this approval, we have considered the statutory requirements, design, materials and architectural features of the building. No variation to the approved design and external appearance of the building (including colour of materials) will be permitted without our approval.

92. Compliance with the Building Code of Australia does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800021199.

93. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

94. If you are not satisfied with this determination, you may: 94.1. Apply for a review of a determination under Section 82A of the


94.2. Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. (Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you need more information, please contact Rita Nakhle, in City Planning on 9789-9449 between 9.00am and 11.00am, Monday to Friday.