item 7 application for demolition of three dwellings, erection ......2004/12/07 · flat building...

CITY OF RYDE

Development Committee Agenda No. 18/04 48

ITEM 7

15-19 GLADSTONE AVENUE, RYDE. LOT: 55-57 DP: 30343. Local DevelopmentApplication for demolition of three dwellings, erection of a two storeyresidential flat building containing 11x1 and 5x2 bedroom units, basementcarparking and strata subdivision. LDA 706/2004. Applicant: Earlcore Pty Ltd.

INSPECTION 5.30PMINTERVIEW 6.35PM

Manager Environmental Assessment Reports 24 November 2004

FILE NO: LDA04/706

EXECUTIVE SUMMARY

This report considers a proposal to demolish the 3 dwellings and erect a residentialflat building containing 16 units (11 x 1 bedroom and 5 x 2 bedroom units), and stratasubdivide the completed development. The building will be 2 storeys in height over 1basement level of parking containing 23 parking spaces (19 resident and 4 visitor),with vehicular access from Gladstone Ave.

The site steeply slopes from north to south, and this places significant constraints onthe development of the site. The development does not comply with Council’sResidential Flat Building Code in terms of height, side setbacks and windowseparation between the development and adjoining buildings. However, on balancethe applicant designed a development that responds well to the site constraints andwhich will have minimal impact upon/from adjoining properties.

3 submissions and 1 petition containing 25 signatures were received in relation to thedevelopment, however none of the issues raised warrant refusal of the application oramendments to the design.

Approval is recommended.

Reason for Referral to Development Committee: Nature of the development andsubmissions received.

SITE: (Refer to attached map.)

Address : 15-19 Gladstone Avenue, Ryde

CITY OF RYDE

Development Committee Agenda No. 18/04 Page 149

ITEM 7 (Continued)

Site Area : 1938m2

Frontage 48.65m (Gladstone Ave), 28.43m (Eagle St)Depth 34.525m (northern boundary)

54.74m (western boundary)Topography and

Vegetation : The land falls more than 14m from the NW corner to theSE corner (intersection of Gladstone Ave and Eagle St) –with an average gradient of approx. 1 in 4 (25%). Itcontains 6 trees, located around the boundaries of thesite and to be retained.

Existing Buildings : 3 dwelling houses, a fibro shed and a carport – all to bedemolished.

PLANNING CONTROLS:

Zoning : Residential 2(c1) under the Ryde Planning SchemeOrdinance (RPSO)

Other : RPSO Mandatory ProvisionsResidential Flat Building CodeDCP 37 – Access for People with Disabilities.Section 94 Contribution PlanSEPP 65 – Design Quality of Residential Flat DevelopmentDCP 45 – Energy Smart, Water WiseDCP 27 – Waste Minimisation and Management

DEVELOPMENT PROPOSAL SUMMARY:

• Demolition of 3 dwelling houses and ancillary structures (shed and carport)• Erection of 2 storey residential flat building containing 11x1 bedroom and 5x2

bedroom units• Strata Subdivision of the completed development.

PROPOSAL:

The application proposes the demolition of the 3 dwelling houses on the site and theerection of a 2-storey residential flat building containing 16 units (11x1 bedroom and 5x2bedroom units) over basement parking, with vehicular and pedestrian access fromGladstone Avenue.

CITY OF RYDE


ITEM 7 (Continued)

Due to the steep slope of the land, the building steps down the site, and has beendesigned so that at any point, the building does not exceed 2 storeys (not includingbasement parking) in height. The units within the development have been designed toinclude:• 1 bedroom units – combined living/dining/kitchen area, bathroom, laundry and

bedroom (with ensuite).• 2 bedroom – combined living/dining/kitchen area, bathroom, laundry, 2 bedrooms (1

with ensuite).

The basement car park contains 19 resident parking spaces and 4 visitor spaces withaccess from a 5.5m wide driveway located towards the centre of the site along theGladstone Avenue frontage. The basement carpark has been split into 2 levels (atRL47.0 and RL49.2), separated by a ramp, to accommodate the parking needs of thedevelopment whilst taking into account the slope of the land.

The building is to be constructed of rendered brickwork to external walls, concreteroof tiles, glass balustrades, lightweight timber pergolas, and sandstone retainingwalls. The completed development will display a high level of articulation and varietyin external materials and finishes. The building is essentially designed in 2 ‘sections’to minimise bulk and to step the building down the site.

The units at the lowest level of the site (units 1 and 2) are ‘adaptable units’ and have acontinuous path of travel from the footpath to the front door (without having to negotiateany steps). These units also have parking spaces (with internal access to the units) to awidth which complies with disabled parking space requirements. The uppermost units(units 13-16) provide attic storage within the roof space, and accessed via attic ladders.A lift is also provided within the development to service all levels of the building.

REFERRALS:

Development Engineer: No objection subject to conditions 67-97 in therecommendation.

Building Surveyor: No objection subject to conditions 10-51 in the recommendation.

Environmental Health Officer: No objection subject to conditions 52-66 in therecommendation.

CITY OF RYDE


ITEM 7 (Continued)

Traffic Engineer: “There will be an increase in trips generated from thisdevelopment which will increase traffic volumes at the Morrison Rd intersection (withGladstone Ave). No objection to this development.”

OFFICER’S ASSESSMENT:

The assessment contained in this report relates to matters considered relevant to thisdevelopment proposal pursuant to section 79C of the Act.

1. The Provisions of Environmental Planning Instruments:

Ryde Planning Scheme Ordinance

Zoning: Residential 2(c1).

Statutory Requirements:

The following table summarises the compliance with the statutory requirements of theRyde Planning Scheme Ordinance:

RYDE PSO Proposal ComplianceCl. 34(4) Must consider DCP adopted byCouncil.

Residential FlatBuilding Code

Considered

Cl.46 – Site requirements• 840m² requirements• 24m frontage

1938m²48.65m to

Gladstone Ave28.43m toEagle St

YesYes

Cl. 52(2) – Max No of Storeys• 2 storey height limit

Max 2 storeysat any point inthe building

Yes

Cl 55 – Density Control and Landscaped Area• Density:

Small 1/100m² (11x100m² = 1100m2)Medium 5/160m² (5x160m2 = 800m²)Total Site Area Required = 1900m2

• Landscaped AreaSmall 1/50m2 (11x50m2 = 550m2)Medium 1/60m2 (5x60m2 = 300m2)Total Landscaped Area Required =850m2

1938m2

859m2

Yes

Yes

CITY OF RYDE


ITEM 7 (Continued)

RYDE PSO Proposal ComplianceCl. 56 – Parking Requirements (NB Site iswithin 400m of Victoria Rd)• Parking Requirements:

1 space per 1br dwelling (11x1 = 11)1.2 spaces per 2br dwelling (5x1.2 = 6)

1 visitor spaces per 4 dwellings (16 units/4= 4)Total Parking Required = 17 residentand 4 visitor spaces

19 Spaces

4 Spaces

Yes

Yes

State Environmental Planning Policy No 65 – Design Quality of Residential FlatDevelopment

SEPP 65 was gazetted on 26 July 2002, and must be considered in the assessmentof development applications. Clause 30 requires the following matters to be takeninto consideration: -

Clause 30(2)(a) - The advice of the relevant Design Panel.The DA was referred to the design panel on 8 September 2004, and theirassessment of the development proposal is discussed in the following section.

Clause 30(2)(b) - The design quality of the residential flat development whenevaluated in accordance with the design quality principles.The following are the comments of Council’s Design Panel in relation to the designquality principles are listed in clauses 7-18, Part 2 of the SEPP:-

Principle 1: ContextGood design responds and contributes to its context. Context can be defined as the keynatural and built features of an area.

Responding to context involves identifying the desirable character elements of alocation or, in the case of precincts, undergoing a transition the desired futurecharacter as stated in planning and design policies. New buildings will therebycontribute to the quality and identity of the area.

Design Panel Comments:The design needs to take advantage of the steep slope of the site but still fit intocontext. It was noted that some of the existing dwelling houses present as 3 storeysbecause of the slope.

CITY OF RYDE


ITEM 7 (Continued)

The most recent subdivision of the land was in 1959 (DP30343) so the existingdwelling houses would be about 40 years old. The land has been earmarked forhigher density residential development for some years and it is considered fortunatethat all three sites have become available at the same time. This enables someintegration of the design across the whole site.

The proposed design replicates the “cascading” of the existing dwelling houses downthe hill. The development responds both to the zoning of the land and respects theexisting context.

Principle 2: ScaleGood design provides an appropriate scale in terms of the bulk and height that suitsthe scale of the street and the surrounding buildings.

Establishing an appropriate scale requires a considered response to the scale ofexisting development. In precincts undergoing a transition, proposed bulk and heightneeds to achieve the scale and identified for the desired future character of the area.

Design Panel Comments:The land is elevated and any development on the site will be visually prominent. Theexternal appearance and the materials proposed present well. The massing andarticulation of the building helps to reduce its apparent scale. The proposed designmakes good use of setbacks.

Principle 3: Built FormGood design achieves an appropriate built form for a site and the building’s purpose,in terms of building alignments, proportions, building type and the manipulation ofbuilding elements.

Appropriate built form defines the public domain, contributes to the character ofstreetscapes and parks, including their views and vistas, and provides internalamenity and outlook.

Design Panel Comments:The Panel noted the articulation of the building – 2 residential storeys over carparkingthen single residential storey over carparking to step up the site. This gives thebuilding an interesting form without excessive height.

CITY OF RYDE


ITEM 7 (Continued)

The Panel noted that the massing of the building respected Council’s requirementthat the building not exceed 2 storeys. However, the straight wall (running through thebuilding along the north-south axis) that achieves this is limiting in terms ofarchitectural merit. The Panel noted that stretching the building over this wall wouldlead to a non-compliance in that it would render part of the building as 3 storeys. Itwas felt that this could improve the overall function and appearance of the buildingbut would need the applicant to request and justify the variation and for Council tosupport it. If such a variation was sought, the Panel would be happy to providecomment.

Principle 4: DensityGood design has a density appropriate for a site and its context; in terms of floorspace yields (or number of units or residents).

Appropriate densities are sustainable and consistent with the existing density in anarea, or in precincts undergoing a transition, are a consistent with the stated desiredfuture desired. Sustainable densities respond to the regional context, availability ofinfrastructure, public transport, community facilities and environmental quality.

Design Panel Comments:The site comprises 3 of the 4 residential lots fronting Gladstone Avenue. The Panelcommented that it was unfortunate that the fourth lot was to be separately developedas a dwelling house as a continuation of the proposed development could have givenmore consistency to the streetscape in this locality.

The Panel supported the proposed development in terms of density within the zone.

Principle 5: Resource, Energy and Water EfficiencyGood design makes efficient use of natural resources, energy and water throughoutits full life cycle, including construction.

Sustainability is integral to the design process. Aspects include a demolition ofexisting structures, recycling of materials, selection of appropriate and sustainablematerials, adaptability and reuse of buildings, layouts and built form, passive solardesign principles, efficient appliances and mechanical services, soil zones forvegetation and reuse of water.

Design Panel Comments:The environmental performance of the building requires special attention as thebuilding is generally oriented to the south and is overshadowed by the existing RSLClub building to the west and the new dwelling house on No. 23 Gladstone Avenue tothe north.

CITY OF RYDE


ITEM 7 (Continued)

The Panel felt that a good attempt had been made to address these constraints in thelayout of the building although a number of suggestions were made regarding thelayout of units (see Principle 7 and Summary)

Principle 6: LandscapeGood design recognises that together landscape and buildings operate as anintegrated and sustainable system, resulting in greater aesthetic quality and amenityfor both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features inresponsible and creative ways. It enhances the development’s natural environmentalperformance. It contributes to the positive image and contextual fit of developmentthrough respect for streetscape and neighbourhood character, or desired futurecharacter.

Landscape design should optimise usability, privacy and social opportunity, equitableaccess and respect for neighbours’ amenity, and provide for practical establishmentand long-term management performance by coordinating water and soilmanagement, solar access, microclimate, and tree canopy and habitat value.

Design Panel Comments:No landscape plans were provided for comment. Given the orientation, carefulchoice of specimens for the northern and western sides is required to maintain goodsolar access to the building during the winter months. Similarly, specimens chosenfor the southern and western side should provide screening of the lower levels of thebuilding without impeding views. The carparking elevation facing Eagle Avenueshould be screened.

Principle 7: AmenityGood design provides amenity through the physical, spatial and environmental qualityof a development.

Optimising amenity requires appropriate room dimensions and shapes, access tosunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoorspace, efficient layouts and service areas, outlook and ease of access for all agegroups and degrees of mobility.

CITY OF RYDE


ITEM 7 (Continued)

Design Panel Comments:The Panel noted that the slope and aspect of the land means that the best views andbest solar access are in different directions. This presented a problem of how toachieve good views and good amenity for each unit. The shadowing effect of thebuilding on Lot 59 DP 30343 (part of No. 724 Victoria Road – Ryde RSL Club) wasnoted as was its future potential as a 2(c1) redevelopment site. In the long term, theimpact should be reduced by that process.

The Panel suggested that Unit 5 should be re-examined to try and improve the solaraccess. It considered that the general competence of the design was robust enoughto enable movement away from the building symmetry that links Unit 5 to the rest ofthe building. It was also necessary to ensure the criterion of SEPP 65 relating tosolar access was generally satisfied.

A change to the straight wall edge in the middle of the building might provideopportunities to improve solar access in some of the units facing south-east andsouth-west. It may also assist in closing the gap between the upper and lower partsof the building that make it read as two separate buildings. Again, this would create anon-compliance under Council’s DCP (with regard to the number of storeys at thispoint) so would need to be fully justify in terms of improvements to amenity,aesthetics and energy efficiency of the proposal.

Principle 8: Safety and SecurityGood design optimises safety and security, both internal to the development and forthe public domain.

This is achieved by maximising overlooking of public and communal spaces whilemaintaining internal privacy, avoiding dark and non-visible areas, maximising activityon streets, providing clear, safe access points, providing quality public spaces thatcater for desired recreational uses, providing lighting appropriate to the location anddesired activities, and clear definition between public and private spaces.

Design Panel Comments:The proposed development retains a street address with units providing casualsurveillance over the area.

Vehicular access is provided from Gladstone Avenue as the Eagle Street gradientsare too severe. The carpark design is very good (although some minor modificationsare suggested (see Summary).

CITY OF RYDE


ITEM 7 (Continued)

Principle 9: Social DimensionsGood design responds to the social context and needs of the local community interms of lifestyles, affordability, and access to social facilities.

New developments should optimise the provision of housing to suit the social mix andneeds in the neighbourhood or, in the case of precincts undergoing transition, providefor the desired future community.

Design Panel Comments:The subject land has been zoned for medium density residential development formany years. The existing properties have been used as single family dwellings overthat time and have now become available for re-development at the density proposedby Council in its Environmental Planning Instruments. The proposed designgenerally responds to the changed demands and lifestyle expectations of the middlering suburban population.

Principle 10: AestheticsQuality aesthetics require the appropriate composition of buildings elements,textures, materials and colours and reflect the use, internal design and structure ofthe development.

Aesthetics should respond to the environment and context, particularly to desirableelements of the existing streetscape or, in precincts undergoing transition, contributeto the desired future character of the area.

Design Panel Comments:The proposed building is considered appropriate with respect to the materials andbuilding elements and responds well to the language of the existing streetscape.

SUMMARY & RECOMMENDATIONS

The design generally demonstrates a high degree of merit and competence. The sitehas particular constraints relating mainly to slope of the land, the southerly aspectand the overshadowing effect of adjoining buildings. The carparking design andvehicular access are good and a high degree of internal accessibility can be providedon a difficult site. Having regard to the broad constraints and the quality of thearchitectural response, the Panel has tended to look at the detail of the design. It isrecommended that:

CITY OF RYDE


ITEM 7 (Continued)

• Delete the wall on Plan 8/2004 on the northern part of the site.• Amend access for disabled persons to the lift from the carparking area. Entry is

too narrow in places.• Relocate or delete the toilet in the carparking level. Why is it needed here?• Review the carparking security system as it applies to visitors.• Review the solar access of the units particularly unit 5.• Explore the possibility of adjusting the straight wall to improve solar access and

create a more integrated appearance.

Overall, the proposed development is supported.

Comments on the Design Panel’s Assessment

The Design Panel has supported the development and suggested minoramendments. The most notable of these is to extend the wall running north-souththrough the building, however to do so would result in an increase in height and thebuilding being classified as 3 storeys. In view of the submissions received (discussedlater in this report), amendments to this effect would be considered undesirable.

The publication entitled “Better Urban Living Guidelines for Urban Housing in NSW”(Department of Urban Affairs and Planning and NSW Government Architect 1998). isrequired to be considered in the determination of residential flat buildings pursuant toclause 30(2)(c) of SEPP 65.

The publication contains the following 5 parts for consideration:Strategic Planning (i.e. locating urban housing, understanding local character,housing choice, innovation)Urban Infrastructure (i.e. urban form, public open space, master planning, buildingenvelopes, mixed uses, setbacks, heights, residential building types)Site Design (i.e. site analysis, communal and private open space, visual privacy,acoustic privacy, landscape, vehicle access, servicing and parking)Environmental Design (i.e. ecologically sustainable development (ESD), energyefficiency, ESD report, natural ventilation, daylight access, wind mitigation)Building Design (i.e. access and circulation, apartment layouts, size, ceiling height,balcony, roof, façade composition, operability and maintenance, recreational facilities,adaptability and diversity, safety, security and communications, site facilities).

CITY OF RYDE


ITEM 7 (Continued)

The proposal has been assessed by the design panel. It is considered that theproposed development is acceptable in terms of the above considerations ascontained in the Better Urban Living Guidelines.

2. The Provisions of Any Development Control Plan (DCP) Applicable to theDevelopment.

Residential Flat Building Code

The compliance with the RFB Code is illustrated by the development standards below.

Residential Flat Building Code Proposal ComplianceSite requirements840m² minimum 1938m² Yes24m frontage 48.65m to Gladstone

Ave28.43m to Eagle St

Yes

DensityAs for the RPSO Requirements(above):1900m2 required

1938m2 Yes

Height2 storey8m

2 storey8.7m (maximum – at

ceiling level above thelift well. Max height is

8.13m elsewhere)

YesNo1

Setback (2 storey)• Front (Gladstone Ave): 9.5m(1.5m encroachment permitted for 2storey buildings – for no more than50% of the total elevation)

8m – 10.2m (8mportion is 30% of the

total elevation)

Yes2

• Secondary street (Eagle Ave)5.5m

(25% (ie to 4.125m) encroachmentpermitted provided for no more than50% of the total elevation)

3.74m – 8m (3.74mportion is 48.3% of thetotal elevation). Small

portion exceeds by>25%.

No3

CITY OF RYDE


ITEM 7 (Continued)

Residential Flat Building Code Proposal Compliance

• Boundary/Side & Rear: 4.5m(25% (ie to 3.375m) encroachmentpermitted provided for no more than50% of the total elevation)

West Side: 3m –13m (3m portion is

71.2% of totalelevation). Small

portion exceeds by>25%

North Side: 3.2m –5.4m (3.2m portion

is 35% of totalelevation). Small

portion exceeds by>25%

No3

Windows 10m from adjoining windows West – rear wall ofRyde Ex-Services

BuildingSouth & East – road

North – 4m (atclosest point)

N/AN/ANo4

Parking (within 400m of Victoria Rd)• 1space/1 bed (11 spaces)• 1.2 spaces/2 bed (6 spaces)

Total: 17 Spaces 19 Spaces Yes• Visitor 1 per 4 dwellings (4 spaces) 4 Spaces Yes• Visitor – access available In front of security

grillYes

Driveway• Width 4m 5.5m Yes• Grade 1 in 6 max Less than 1 in 6 YesLandscaping• Small 1/50m² (550m²)• Medium 1/60m² (300m²)

Total Landscaping Required:850m2

859m² Yes5

Clothes Drying – Dryers or Clothes Line Clothes line for unitswith courtyards,otherwise dryers

Yes

CITY OF RYDE


ITEM 7 (Continued)

Notes from Table Above:

1. Height:

The RFB Code prescribes a height limit of 8m – measured vertically of any externalwall of the building from any point on the wall which is 3m above the level of thetopmost floor in the building to the natural ground level immediately below that point.This control is difficult to apply in this development because most of the developmentdoes not contain walls 3m high above the topmost floor (and also due to the slope ofthe land).

The only part of the development where this control can be applied is the lift well atthe centre of the building. At this location, using the height definition in the RFB Code,the maximum height of that part of the wall is 8.7m. However, this height isconsidered acceptable as the lift well is located almost at the centre of the site, andtherefore, the impacts of the height (such as bulk, overshadowing etc) are much lessthan if it were at the front or at the side. The function of this part of the building willalso mean that there would be no impacts of privacy/overlooking as if it were part of adwelling.

Apart from this, it is not possible to apply the height definition in the RFB Code to anyother part of the building. Therefore, to determine the maximum height of thedevelopment, the more conventional measure of height – the height of the ceilinglevel above the natural ground level immediately below that point – has been used.Using this measure, the highest point of the building is a very small part of bedroom 1in unit 13. The ceiling level of the topmost floor is RL59.13, and the RL51 contourpasses directly below, making the height 8.13m at the highest point. However thisminor non-compliance is considered acceptable, as it occurs only at a very small partof the building. Apart from this, and the 8.7m height at the top of the lift well, thebuilding fully complies with the 8m height limit everywhere else in the development.

The steeply-sloping nature of the site means that it is difficult to fully comply with the8m height limit prescribed in the RFB Code. It is considered that the development is agood response to the constraints of the site such that the relatively minor height non-compliance is acceptable and could be supported by Council.

2. Front Setback:

The RFB Code prescribes a front setback of 9.5m for 2 storey developments. It alsopermits encroachments on this setback of 1.5m (ie down to minimum of 8m) for nomore than 50% of the total length of the front elevation. The development complieswith this requirement.

CITY OF RYDE


ITEM 7 (Continued)

However, it should be noted that the wall of the courtyard for units 9 and 11 is to beconstructed within the front setback to Gladstone Ave. Due to the fall of the land,although it will only be 1.6m high above the finished courtyard level, this courtyardwall will be up to 4.6m high (above natural ground level) at the southern end. It isconsidered that a courtyard wall is required to maintain privacy and amenity to theoutdoor area for these units, and the only reason why this wall will be so high is dueto the steep slope of the land. The wall only extends 1.8m in front of the wall of thebuilding and will add articulation and interest to the front elevation.

3. Side/Rear Setbacks

The proposal does not comply with the side setback requirements of the RFB Code.However, most of the non-compliance concerns the proportion to which buildings arepermitted to encroach within the prescribed setback to either a boundary orsecondary street.

The impact of a reduced setback from the western boundary is considered to beminimal because the adjoining building over the boundary is the rear of the Ryde Ex-Servicemen’s Junior Sports Hall. Therefore there will be no privacy impacts resultingfrom this interface.

The reduced setback to the northern boundary is also acceptable because thesubject land falls away from the northern boundary and therefore the subject buildingwill be lower than the adjoining property.

The secondary setback of the building to Eagle St will also be acceptable, because itis only a very small part of bedroom 1 of Unit 1, which encroaches within the setback.The building could comply with amendments, but this would most likely produce astraighter wall, which would reduce the articulation and architectural interest in thefaçade. The RFB Code allows encroachments within the setback to achieve suchinterest and variation. In addition, the development proposes a greater setback thanthe existing dwelling house – which is at least 8m high and only about 2m from theboundary to Eagle St – and therefore the development will be an improvement on theexisting situation.

Overall, the side setbacks of the development are considered acceptable.

CITY OF RYDE

Development Committee Agenda No. 18/04 3

ITEM 7 (Continued)

4. Window Separation:

The RFB Code states that windows of habitable rooms should not be located lessthan 10m from windows of habitable rooms of adjacent dwellings, on the site or onadjoining properties. The only side which has windows facing an adjoining residentialproperty is the northern side, because the eastern and southern sides face a road(corner allotment) and the western side faces the rear wall of the Ryde Ex-Servicemen's’ Junior Sports Centre building.

The building will be between 5m and 8m from the adjoining dwelling to the north.However, due to the slope of the land, only the upper storey will be above naturalground level (the lower storey below is cut in and will be 1.7m below natural groundlevel). In terms of impacts on the adjoining property, it will be similar to a detacheddwelling, and can be readily resolved by boundary fencing.

5. Landscaping:

As indicated in the table above, the development complies with the numericallandscaping requirements of the RFB Code. However, much of the designated“landscaped area” in the development is in the form of courtyard areas adjoining theground floor units.

Under the RFB Code, “landscaped area” means “that part of the site area notoccupied by any building or buildings, except for swimming pools or open airrecreation facilities, which part is predominantly landscaped by way of planting ofgardens, lawns, shrubs or trees and is available for use and enjoyment by theoccupants of the building erected on the site area, but does not include so much ofthe site area as is used for driveways, parking areas or drying yards”.

Using this definition, the courtyards of the ground floor units can be counted in thelandscaped area. However, in order to maximise the amenity for the residents and tohelp soften the appearance of the development, it is recommended that thecourtyards be provided with planter boxes around the perimeter, which can besuitably landscaped with shrubs and low plants. Condition 3, which requires thesubmission of a landscaping plan, is proposed to require the planter boxes.

DCP 45 – Energy Smart, Water Wise

The proposal generally complies with the provisions of this DCP. Conditions 4 & 5 havebeen included requiring energy efficient devices and appliances.

CITY OF RYDE


ITEM 7 (Continued)

DCP 27 – Waste Minimisation and Management

A waste plan was submitted with the application and considered by Council’sEnvironmental Health Officer. Conditions 52-66 (Environmental Health Conditions) havebeen included in the recommendation.

DCP 37 – Access for People with Disabilities

An accessibility report has been submitted with the DA which has been assessed byCouncil’s Building Surveyor and found to be satisfactory in terms of this DCP.

Section 94 Contributions Plan

A Section 94 contribution of $86999 is payable under this Plan. See condition 2. Thistakes into account the applicable rates for 16 residential flat units and a “credit” for 3dwelling houses.

3. Likely Impacts, including environmental impacts on both the natural and builtenvironment and social and economic impacts in the locality.

The likely impacts on the development in terms of the built and natural environmenthave been discussed throughout this report. It is considered, despite the non-compliances with the RFB Code in terms of setbacks, height and window separation(which are relatively minor), that the development is satisfactory and will haveacceptable environmental impacts.

4. Suitability of the site for the development.

The site is suitably zoned for the proposed residential flat development and is notsubject to any constraints (eg overland flow or land slip etc) which would render it asunsuitable for the proposed development. The site characteristics (notably slope)warrant particular consideration in the design of the building, and it is considered that theproposed development responds well to the challenges of the site.

5. Any submissions received

The proposal was advertised and notified in accordance with Council’s DevelopmentControl Plan for Notification. The application was advertised in the press dated 25August 2004. Notification of the proposal was for a period between 26 August and 10September 2004.

CITY OF RYDE


ITEM 7 (Continued)

During the notification period 3 submissions and 1 petition containing 25 signatureswere received. The issues raised in the submissions were:

Privacy – the height of the development and slope of the land will allow residents tooverlook adjoining developments (including across Eagle St and Gladstone Ave).

Comment: As discussed above, the site adjoins the rear of the Ryde Ex-Servicemen's’ Junior Sports Club Hall to the west and therefore there will be noprivacy impacts in that direction. The site is much lower than the site to the north andthe development will be similar to a 1 storey residential development and privacywould be suitably resolved via boundary fencing. The nearest residential propertiesacross Eagle St and Gladstone Ave are over 15m away and the development wouldonly view their front yards/the front of the dwellings (ie not backyard areas).

Privacy impacts of and from the development are considered to be acceptable.

Overshadowing – the development will cause excessive overshadowing as a result ofits height and will add to the overshadowing caused by the Ryde Ex-Servicemen's’Building.

Comment: The Ryde Ex-Servicemen’s building is significantly taller than the subjectsite (at least 15m) and is constructed on the Eagle St boundary – therefore it causessignificant overshadowing on the properties across Eagle St. The subjectdevelopment will cause much less overshadowing than the adjoining building andalso the existing dwelling house because it is lower and has a greater setback toEagle St than these buildings.

The proposed attics (in units 13-16) could possibly be used for habitable rooms,contrary to the height controls.

Comment: Condition 9 is recommended to ensure that these attics are used forstorage purposes only – not habitable space such as bedrooms or the like.

Traffic – the local streets are narrow, steep and carry a lot of traffic. The developmentwill cause unacceptable traffic impacts through insufficient visitor parking, generationof vehicle movements and the gradient of Gladstone Ave.

CITY OF RYDE


ITEM 7 (Continued)

Comment: The DA has been referred to Council’s Traffic Engineer who has raised noobjection to the development on traffic grounds. The development provides visitorparking in accordance with the requirements of Council’s RFB Code and the RydePlanning Scheme. Residents entering or leaving the site will be able to do so in aforward direction (as opposed to reversing onto the street as is the case with theexisting dwelling houses), and the development consolidates 3 driveways for theexisting dwellings into 1 entry/exit point for the proposed development. Thedevelopment’s vehicular access point is in the most suitable location available on thesite and the development is considered satisfactory on traffic and parking grounds.

The development will cause excessive noise through increased numbers of residentsand will disrupt ‘harmony’ (amenity) in the local area. The development does notcomplement or integrate with existing low-density (single dwelling) character ofresidential development.

Comment: These are not considered to be reasons why the development should berefused as the site has been zoned for residential flat development since the RydePlanning Scheme came into effect in 1979.

When the DA was considered by Council’s Design Review Panel under SEPP 65,they commented that the development would be compatible with existingdevelopment.

Height – the development is excessively high, and it is questioned whether itcomplies with Council’s height requirements.

Comment: It is considered that the development has been well designed to minimisethe height as much as possible, taking into account the constraints of the steeplysloping site. As discussed previously, the development does not comply with theheight requirements of the RFB Code, but in the circumstances the non-compliancedoes not warrant refusal of the application, as it does not cause excessive adverseimpacts.

The setbacks of the development do not comply with the RFB Code.

Comment: As discussed above, it is noted that the setbacks do not comply with theRFB Code (except for the front setback to Gladstone Ave). However, it is consideredthat the impacts of the non-compliance are minimal and acceptable in thecircumstances, and also it is noted that the setback of the proposed developmentfrom Eagle St is greater than that of the existing dwelling house. The proposal istherefore an improvement on the existing situation and worthy of support.

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ITEM 7 (Continued)

The garbage storage provision is unsatisfactory and Council should ensure that it isconstructed so that impacts on neighbouring properties are minimized.

Comment: The garbage storage is located adjacent to the driveway and will bebeneath the building (enclosed on all sides). It is not located close to any propertyboundary or to any unit in this development, and as such, it is expected that this willnot impact on amenity through smells etc. Its location close to the driveway (and thefront boundary) will facilitate efficient garbage collection.

The development contains excessive patio areas (courtyards, terraces etc) whichcould be converted into living areas once the development is completed.

Comment: Any changes to these outdoor living areas to enable them to be used forhabitable space would require the submission of a separate development application.Such changes would be likely to detract from the appearance of the building (as theywould not be co-ordinated with the design) and would probably not be supported.

A geotechnical assessment should be undertaken with the DA, as the site is within aknown landslip area.

Comment: The applicant has submitted a geotechnical assessment which wasconsidered in the building surveyor’s assessment of the DA. The geotechnicalassessment has found that the site is suitable for the proposed development.

Details of the proposed colour scheme have been requested.

Comment: The applicant has included a colour perspective drawing with the DAsubmission and based on this, the development is considered to be satisfactory interms of colours and finishes.

6. The Public Interest

The development is permissible within the zoning of the property and will add to thehousing choice and housing stock available in the City of Ryde. The submissions donot warrant refusal of the application. Overall, it is considered that approval of thedevelopment would be in the public interest.

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ITEM 7 (Continued)

CONCLUSION:

The proposal has been assessed using the heads of consideration listed in Section79C of the Environmental Planning and Assessment Act 1979 and has been found tobe satisfactory. Although there are some non-compliances with Council’s ResidentialFlat Building Code, it is considered that they do not warrant refusal of (oramendments to) the DA, and it is considered that the development is well designedand is generally a good response to a challenging (very steeply sloping) site.

The issues raised in the submissions received in the notification process generally donot warrant refusal of the application, or they can be addressed via conditions ofconsent. Approval is recommended.

RECOMMENDATION:

(a) That Local Development Application No.706/2004 at 15 Gladstone Avenue,Ryde, being LOT: 57 DP: 30343 be approved subject to the following conditions;

1. Development is to be carried out in accordance with the Plans No. a1, 1A, 2,3, 4, 5, 6, 7, 8, 9 and support information submitted to Council.

2. A contribution for the services in Column A and for the amount in Column Bshall be made to Council prior to the issue of the Construction Certificate.

A BPublic Space $71924Stormwater Drainage $14308Administration $ 767

The total contribution is $86999

This contribution is a contribution under the provisions of Section 94 of theEnvironmental Planning and Assessment Act, 1979 as specified in Section 94Contribution Plan No. 1 (2003 Amendment) adopted by City of Ryde on19/8/2003.

The above amount, if not paid within one calendar year of the date of thisconsent, shall be adjusted for inflation by reference to the Consumer PriceIndex published by the Australian Bureau of Statistics (Catalogue No 5206.0)on an annual basis in accordance until such time as the contribution is paid.

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ITEM 7 (Continued)

3. The submission of a detailed landscaping plan for the entire site, whichprovides full details of all proposed plantings (including common name,botanical name, pot sizes, expected heights at maturity, staking requirements).Particular detail should be included with respect to the following:

(a) Details for suitable landscaping around retaining walls to soften thevisual impact of these;

(b) The provision of suitable landscaping to maximize solar access to unitson the northern and western sides of the development;

(c) Details for the screening of walls of the building and retaining walls fromEagle St;

(d) The provision of planter boxes to the perimeter of patios, terraces, andcourtyards and balconies (where appropriate).

The landscaping plan shall be submitted for Council’s approval prior to theapproval of the Construction Certificate.

4. For the purpose of child safety and energy conservation all new orreplacement hot water systems shall include a mixing device/valve that willdeliver hot water to a maximum 500 C at the outlet of all taps, shower rosesand the like in bathrooms, ensuites and similar areas used for personalhygiene.

5. For the purpose of water conservation the following shall be carried out inaccordance with the manufacturers specifications:

(a) Water closets installed within the building are to have a maximum 6/3 litredual flush cistern;

(b) Shower heads and taps are to be fitted with reduced water flow devices;and

(c) Shower heads, toilets and aerators on bathrooms and kitchen hand basinsand sinks shall be at least AAA rated water efficient.

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ITEM 7 (Continued)

6. Prior to a Construction Certificate being issued with respect to thisdevelopment, the Principal Certifying Authority (PCA) is to be provided with awritten Design Verification from a qualified designer. The statement mustinclude verification from the designer that the plans and specifications achieveor improve the design quality of the development to which this consent relates,having regard to the design quality principles set out in Part 2 of StateEnvironmental Planning Policy No. 65 – Design Quality of Residential FlatDevelopment. This condition is imposed in accordance with Clause 143A ofthe Environmental Planning and Assessment Regulation 2000.

7. Prior to an Occupation Certificate being issued to authorise a person tocommence occupation or use of a residential flat building, the PrincipalCertifying Authority (PCA) is to be provided with design verification from aqualified designer. The statement must include verification from the qualifieddesigner that the residential flat development achieves the design quality ofthe development as shown on plans and specifications in respect of anyConstruction Certificate issued, having regard to the design quality principlesset out in Part 2 of State Environmental Planning Policy No. 65 – DesignQuality of Residential Flat Development. This condition is imposed inaccordance with Clause 154A of the Environmental Planning and AssessmentRegulation 2000.

8. Fencing is to be in accordance with Council's Fencing Development ControlPlan and details of compliance are to be provided in the plans for theConstruction Certificate.

9. The attics in units 13-16 shall be used for storage purposes only, and shall notbe used for habitable purposes (eg bedrooms of the like)

10. All building works are required to be carried out in accordance with theprovisions of the Building Code of Australia.

11. The following mandatory inspections are to be complied with in the case of aClass 1 or 10 building:

i) at the commencement of the building workii) after excavation for, and prior to the placement of, any footingsiii) prior to pouring any in-situ reinforced concrete building elementiv) prior to covering of the framework for any floor, wall, roof or other

building element

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ITEM 7 (Continued)

v) prior to covering waterproofing in any wet areasvi) prior to covering any stormwater drainage connectionsvii) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevantstandards of construction is to be obtained prior to proceeding to thesubsequent stages of construction and copies of the documentary evidenceare to be maintained by the Principal Certifying Authority and be madeavailable to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained.Prior to the issue of the occupation certificate, the mandatory inspectionsmust be carried out.

12. The building works are to be inspected during construction by the PrincipalCertifying Authority, or another accredited certifier approved by the PCA, tomonitor compliance with Council’s approval and the relevant standards ofconstruction encompassing the following stages of construction:

a) Shoring of excavation worksb) Damp-proof coursec) Retaining wallsd) Steel beams, columns or framing

Documentary evidence of compliance with Council’s approval and relevantstandards of construction is to be obtained prior to proceeding to thesubsequent stages of construction and copies of the documentary evidenceare to be maintained by the Principal Certifying Authority and be madeavailable to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained.Prior to the issue of the occupation certificate, the mandatory inspectionsmust be carried out.

13. In addition to the abovestated inspections, Council or an accredited certifier isrequired to ensure that adequate provisions are made for the followingmeasures at each stage of construction, to ensure compliance with theapproval and Council’s Development Control Plan 42 for “ConstructionActivities”:-

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ITEM 7 (Continued)

i) Sediment control measuresii) Security fencingiii) Materials or waste containers upon the footway or road.iv) Builders signage and site toilets

14. In issuing this approval, Council has relied on the information provided by youabout the siting of the building/structure on the allotment. If this information isincorrect, it is your responsibility to correct the errors. It may be advisable toundertake a land survey prior to commencing any works.

15. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority ( and Council, if Council is not the PCA) that the method ofTermite Protection has been provided in accordance with Part 3.1.3 of theBuilding Code of Australia and the requirements of the Australian Standard3660.1.

16. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council, if Council is not the PCA) that the method ofwaterproofing wet areas has been provided in accordance with Part 3.8.1 ofthe Building Code of Australia and the requirements of the Australian Standard3740 prior to wall tiling.

17. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council, if Council is not the PCA) that Fire andSmoke Alarms have been provided in accordance with Part 3.7.2 of theBuilding Code. Location details are to be submitted and approved by Councilor an accredited certifier prior to the release of the Construction Certificate.

18. A Registered Surveyors check survey certificate, or compliance certificate, isto be submitted to the Principal Certifying Authority (and Council, if Council isnot the PCA) detailing compliance with Council’s approval at the followingstages:-

a) After excavation work for the footings, but prior to pouring of concrete,showing the area of the land, proposed building and boundary setbacks

b) Prior to construction of each floor level showing the area of the land,proposed building and the boundary setbacks and verifying that theproposed building is being constructed to the approved levels

c) On completion of the proposed building showing the area of the land,completed building and the boundary setbacks

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ITEM 7 (Continued)

19. A Fire Safety Certificate/s from a suitably qualified person/s is to be submittedto Council or an accredited certifier (and Council, if Council is not the PCA oran accredited certifier) for all the essential services installed in the building inaccordance with Clauses170 and 171 of the Environmental Planning andAssessment Regulation 2000.

20. All excavated material must be removed from the site. No fill is to be placedabove the natural ground level.

21. The applicant is to submit to and have approved by Council or an accreditedcertifier engineers details for all concrete work and structural steelwork prior tothe issue of the Construction Certificate.

22. All retaining walls where required by Council to be completed at the earliestpossible stage and prior to the erection of the timber and masonry framework.Details are to be submitted to and approved by Council or an accreditedcertifier prior to the issue of the Construction Certificate.

23. The building shall be constructed to comply with Part F5 of the Building Codeof Australia (Noise Transmission and Insulation).

24. The wall separating the dwelling to have an F.R.L. not less than 60/60/60extending to the underside of the roof cladding.

25. All timber framing is to comply with Part 3.4.3 – Timber Framing of the BuildingCode of Australia, 1996.

26. All steel framing is to comply with Part 3.4.2 – Steel Framing of the BuildingCode of Australia, 1996.

27. Continuous balustrades shall be provided along the side/s of any stairway orramp, any corridor, hallway, balcony, access bridge or the like, any path ofaccess to a building if: -

i) it is not bounded by a wall; and;ii) the change in level is more than one (1) metre, or five (5) risers in the

case of a stairway, from the floor or ground surface beneath exceptwhere specific exemptions are provided in the BCA

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ITEM 7 (Continued)

Balustrades shall prevent as far as practicable:-i) children climbing over or through it;ii) persons accidentally falling from the floor; andiii) objects which might strike a person at a lower level falling from the floor

surface

Balustrade heights and designs shall comply with the BCA Clause D2.16, AS1170 Part 1. Height above nosings of stair treads, landing, corridors and thelike shall generally be not less than 865mm, except in the case of particularlocations and specific classes of buildings. Applicants shall check buildingregulations and ensure compliance.

28. Suitable handrails shall be provided where necessary to assist and providestability to persons using the ramp or stairways, located and designed inaccordance with the BCA Clause D2.17.

29. Sanitary facilities for people with disabilities shall be provided in accordancewith Clause F2.4 Table F2.4 of the BCA and to the standards set out in AS1428.1.

30. Access for disabled people shall be provided in the building or portion of thebuilding in accordance with Part D.3 of the BCA and to the standards set out inAS 1428.1.

31. Glass doors and fixed panels so located in relation to other parts of thebuilding as to be capable of being mistaken as a doorway of unimpeded pathor travel shall be provided with a Grade “A” Safety Glazing in accordance withAS 2008, Safety Glazing Materials for use in buildings (Human ImpactConsideration). All other glazing shall be installed in accordance with Table 1AAppendix “A” of AS 1288 Glass Installation Code.

Panels and doors in paths of travel shall be provided with a midrail, motifs orother approved permanent means of making the panels clearlydistinguishable. Safety glass installations that are not carrying permanentsafety glass markings in accordance with AS 2208, Safety Glazing Materialsfor Use in Buildings, shall be either legibly labeled, or a certificate furnished toCouncil or an accredited certifier and in each case the following informationshall be given:-

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ITEM 7 (Continued)

i) Distributor’s or installer’s name.ii) Details of the original panel from which the piece was cut.

The original sheet bore permanent “safety glass” markings inaccordance with AS 22.08.

32. Materials used in the building including floor coverings, shall comply with therequirements of Clause C1.10 and Specification C1.10 of the BCA, with regardto restrictions concerning early fire hazard properties of materials, spread ofsmoke and flame.

33. The applicant shall submit to the Principal Certifying Authority (and Council ifCouncil is not the PCA) upon completion of the building and before the issueof an Occupation certificate, a certificate from an accredited personcertifying compliance with the requirements of Clause C1.10 and SpecificationC1.10 of the BCA.

34. An emergency lighting system shall be installed in the building to:-

i) fire isolated stairways;ii) fire isolated ramps;iii) fire isolated passageways;iv) passageways, corridors, hallways or the like that is part of the path of

travel to an exit;v) required non-fire isolated stairs;vi) all storeys, rooms and spaces having prescribed floor areas; andvii) required fire control centre. BCA Clause E4.2.

Illuminated exit signs shall be installed in the building above or adjacent to:-

i) door providing direct egress from a storey to a required exit;ii) door from an enclosed stairway, passageway or ramp at every level of

discharge to a road or open space;iii) horizontal exit; andiv) door serving as, or forming part of a required exit in a storey required to

be provided with emergency lighting.

Design and installation of exit signs shall comply with AS 2293.1 and thefollowing:-

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ITEM 7 (Continued)

i) Exit signs shall be clearly visible to persons approaching the exit and shallbe circuit sensing to the general lighting circuit.

ii) Exit signs shall be green with white lettering and installed to operatecontinuously in the event of a power failure. BCA Clause E4.5 and E4.8.

Additional exit signs shall be installed in appropriate positions in corridors,hallways, lobbies, foyers and the like indicating the direction to a required exit. BCA Clause E4.6 (NSW).

35. A warning sign stating “DO NOT USE LIFTS IF THERE IS A FIRE” conformingwith the details and dimensions of Figure E3.3 of the BCA shall be displayed ina conspicuous position near every call button for all lifts throughout thebuilding. Such warning sign shall consist of: -

a) incised, inlaid or embossed letters on a metal, wood, plastic or similar platesecurely and permanently attached to the wall; or

b) letter incised or inlaid directly into the surface of the material forming thewall. BCA Clause E3.3, Figure E3.3.

36. Portable fire extinguishers shall be installed in the building or portions of thebuilding, compatible to the hazard/s posed by equipment or functionsassociated with the use of the building.

Installation and maintenance of fire extinguishers shall comply with AustralianStandard 2444 BCA Clause E1.6.

37. Hose reels shall be installed in the building located not more than 4m from arequired exit on each floor of the building and adjacent to any hydrant requiredwithin the building. Hose reels shall not be installed in fire isolated exits orwhere the fire hose will need to pass through a doorway fitted with fire orsmoke doors. The nozzle end of a fully extended hose reel when laid to avoidpartitions and other barriers shall reach every part of the floor served by thehose reel on that floor. BCA Clause #1.4, Australian Standard 2441.

38. Hydrants shall be designed and installed in the building/s and or on site inaccordance with the BCA Clause E1.3 and Australian Standard 2419.1 and solocated that:-

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ITEM 7 (Continued)

i) INTERNAL HYDRANTS:-Internal hydrants shall be located in positions that are accessible to firefighting personnel as follows:-

a) within each required fire-isolated exit;b) within the tenanted space and within 4m of a require non-fire

isolated exit;c) at a position whereby any point on a floor of a building is within

reach of a 10m hose stream issuing from a nozzle at the end of a30m length of hose connected to the hydrant outlet.

NOTE: After erection, the location of storage racking and stored goodsmay restrict the passage of hose through areas of the building.

ii) EXTERNAL HYDRANTS:-External hydrants shall be located so that:-

a) they are accessible to fire brigade personnel;b) they are not less than 10m from a wall of a building, although

Council may permit the hydrants to be mounted closer to the wallwhere site conditions so dictate; and

c) they are not obstructed by parking or loading and unloading ofvehicles.

Where necessary, external hydrants shall be protected from mechanicaldamage.

In any case, hydrants shall not be mounted on external walls whichhave a fire resistance rating less than FRL 90/90/90. Where a hydrantis permitted to be mounted on an external wall, the hydrant shall belocated so that the FRL 90/90/90 wall extends not less than 2m on eachside of the hydrant and whichever is the lesser, 3m from ground level orthe height of the wall.

Hydrants that are installed by water supply authorities on street mainsmay be considered as external hydrants, provided that such hydrantscomply with the requirements for flow and pressure given in AS 2419.

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ITEM 7 (Continued)

39. A "Fire Safety Schedule" specifying the fire safety measures that are to beimplemented in the building premises and the fire safety measures proposedor required to be implemented in the building premises as required by Clause168 - Environmental Planning & Assessment Regulation 2000 are to besubmitted and approved prior to the issue of the Construction Certificate.

40. A security deposit is to be paid to Council (Public Facilities and ServicesGroup) being a deposit of $1000 as well as the infrastructure inspection fee inaccordance with the requirements of Council’s Management Plan (scheduledfees).

41. Enforcement levy is to be paid to Council on lodgement of the ConstructionCertificate application in accordance with the requirements of Council’sManagement Plan (scheduled fees).

42. Documentary evidence of compliance with Conditions 31, 32 & 34 to thesatisfaction of Council or an accredited certifier is to be submitted to theCouncil prior to the issuing of the Construction Certificate.

43. Documentary evidence of payment of the Long Service Levy under Section 34of the Building and Construction Industry Long Service Payments Act 1986 isto be received prior to the issuing of the Construction Certificate.

44. A Section 73 Compliance Certificate under the Sydney Water Act 1994 mustbe obtained. Application must be made through an authorised WaterServicing Coordinator. Please refer to “Your Business” section ofSydney Water’s web site at www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92.

Following application a “Notice of Requirements” will advise of water andsewer extensions to be built and charges to be paid. Please make earlycontact with the Coordinator, since building of water/sewer extensions can betime consuming and may impact on other services and building, driveway orlandscape design.

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

The Section 73 Certificate must be submitted to the Principal CertifyingAuthority prior to release of the linen plan/occupation of the development.

http://www.sydneywater.com.au/customer/urban/index

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ITEM 7 (Continued)

45. Signage is to be provided on the site as follows:-

(a) During the entire construction phase signage shall be fixed on siteidentifying the PCA and principal contractor (the coordinator of thebuilding work), and providing phone numbers.

46. All demolition and all construction and associated work is to be restricted tobetween the hours of 7.00am and 7.00pm Monday to Friday (other than publicholidays) and between 8.00am and 4.00pm on Saturday. No work is to becarried out on Sunday or public holidays.

47. No spoil, stockpiles, building or demolition material is to be placed on anypublic road, footpath, park or Council owned land.

48. Adequate precautions must be taken to control the emission of dust from thesite during demolition and construction work. These precautions could includeminimizing soil disturbance, use of water sprays, erecting screens and notcarrying out dusty work during windy conditions.

49. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), mustbe disposed of at a landfill facility licensed by the New South WalesEnvironmental Protection Authority to receive that waste. Copies of thedisposal dockets must be kept by the applicant for at least 3 years and besubmitted to Council on request.

50. Only unpolluted water is to be discharged to Council’s stormwater drainagesystem.

51. The L10 noise level measured for a period of not less than 15 minutes whiledemolition and construction work is in progress must not exceed thebackground noise level by more than 20 dB(A) at the nearest affectedresidential premises.

Environmental Heath Requirements

52. A separate development application must be submitted to Council for thedemolition of the existing buildings.

53. The development application must be accompanied by a Work Plan preparedin accordance with AS2601-2001 Demolition of Structures by a suitablyqualified person. The Work Plan must identify any hazardous materialspresent, the method of demolition, the precautions to be taken to minimisedust, and the procedures for disposing of any hazardous materials.

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ITEM 7 (Continued)

54. All demolition work must be carried out in accordance with the requirements ofAS2601-2001 Demolition of Structures.

55. The removal of hazardous materials, including asbestos-cement products (e.g.fibro), must be carried out in accordance with the requirements of theWorkCover Authority of NSW.

All hazardous materials must be stored in an environmentally acceptablemanner and transported to an appropriately licensed waste facility for disposal.

Copies of the disposal dockets must be retained for at least 3 years and bemade available to authorised Council officers on request.

56. Noise must be minimised as far as practicable, by the selection of appropriatemethods and equipment, and by the use of silencing devices wherepracticable.

57. Noise from demolition work must comply with the following criteria:

(a) For demolition periods of 4 weeks or less the LA10 (15 minute) noise levelfrom demolition work must not exceed the background noise level bymore than 20 dBA when measured at the boundary of the worstaffected premises in the vicinity.

(b) For demolition periods greater than 4 weeks the LA10 (15 minute) noise levelfrom demolition work must not exceed the background noise level bymore than 10 dBA when measured at the boundary of the worstaffected premises in the vicinity.

58. The covered carpark must be provided with an approved system ofmechanical ventilation.

59. All exhaust air discharge vents must be located in a position where nonuisance or danger to health will be created and at least 6 metres from anyfresh air intake vent or natural ventilation opening.

60. Details of all proposed mechanical ventilation systems must be submitted toCouncil or an accredited private certifier for approval with the plans andspecifications for the Construction Certificate. Such details must include:

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ITEM 7 (Continued)

(a) A general description of the proposed work, together with a schematicdiagram where appropriate.

(b) At least two (2) sets of plans of the proposed work, with any alterationscoloured to distinguish between new and existing work.

(c) A site survey plan showing the location of any proposed cooling towers,air intakes and exhaust outlets on the site, and any existing coolingtowers, air intakes, exhaust outlets and natural ventilation openingsadjacent to the proposed new installation.

(d) A Mechanical Services Design Certificate in the form of AttachmentM1, together with a copy of the certifier’s curriculum vitae.

(e) Documentary evidence in support of any departures from the deemed-to-satisfy provisions of the Building Code of Australia

61. A Mechanical Services Completion and Performance Certificate in the form ofAttachment M2 must be submitted to the Principal Certifying Authority oncompletion and commissioning of all mechanical ventilation work approvedunder this consent and before the issue of an Occupation Certificate.

62. All wastes generated on the premises must be stored and disposed of in anenvironmentally acceptable manner.

63. Arrangements must be made with Council’s Waste Services Officer for theprovision of garbage services to the property before the building isoccupied.

64. All waste storage areas must be maintained in a clean and tidy condition at alltimes, with no accumulation of waste materials except in the containersprovided.

65. The use of the premises must not cause the emission of ‘offensive noise’ asdefined in the Protection of the Environment Operations Act 1997.

66. The operation of any plant or equipment installed on the premises must notcause:

(a) The emission of noise that exceeds the background noise level by morethan 5dBA when measured in or on any residential premises or other noisesensitive location in the vicinity; or

(b) The transmission of vibration to any place of different occupancy

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ITEM 7 (Continued)

General Engineering Conditions

67. Design and Construction Standards. All engineering plans and work shallbe carried out in accordance with the requirements as outlined within Council’spublication Environmental Standards Development Criteria and relevantDevelopment Control Plans except as amended by other conditions.

68. Service Alterations. All mains, services, poles, etc., which require alterationshall be altered at the applicant’s expense.

69. Restoration. Public areas must be maintained in a safe condition at alltimes. Restoration of disturbed road and footway areas for the purpose ofconnection to public utilities will be carried out by Council following submissionof a permit application and payment of appropriate fees. Repairs of damageto any public stormwater drainage facility will be carried out by Councilfollowing receipt of payment.

70. Engineering Compliance Certificates. Engineering Compliance Certificatesmust be obtained for the following works at the specified stage (If Council isappointed the PCA then the appropriate inspection fee is to be paid to Council)and submitted to the Principal Certifying Authority prior to the issue ofthe Occupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest.• Prior to backfilling of drainage connections to pipelines or channels in

which Council has an interest.• Prior to casting of pits and other concrete structures in which Council has

an interest including kerb & gutter, accessways, aprons, pathways,vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public reserves andpublic road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the followingdeclarations:a) This certificate is supplied in relation to <<address of property>>.b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above.c) I have carried out all tests and inspections necessary to declare that the

work nominated in (a) above has been carried out in accordance with theapproved plans, specifications, and the conditions of the developmentconsent.

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ITEM 7 (Continued)

d) I have kept a signed record of all inspections and tests undertaken duringthe works, and can supply the Principal Certifying Authority [PCA] with acopy of such records and test results if and when required.

Engineering Conditions to be complied with Prior To ConstructionCertificate

71. Driveway Grades The maximum grade of all internal driveways and vehicularramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 andany transition grades shall have a minimum length of 2.5m. The driveway designis to incorporate Council’s issued footpath and gutter crossing levels where theyare required as a condition of consent. A driveway plan, longitudinal sectionfrom the centreline of the public road to the garage floor, and any necessarycross-sections clearly demonstrating that the driveway complies with the abovedetails, and that vehicles may safely manoeuvre within the site without scraping.

72. Drainage Plans. Plans of the proposed drainage system, including the on-sitedetention system and details addressing any overland flow from upslopeproperties in accordance with Council’s Stormwater Management DevelopmentControl Plan, “DCP 41”, are to be prepared by a suitably qualified andexperienced engineer. The engineer is to prepare a certification stating that thelandscaping plans have been checked in conjunction with the drainage plansand are compatible. The drainage plans and certification are to besubmitted to and approved by Ryde City Council prior to issuing of theConstruction Certificate.

73. A works-as-executed survey of any above ground storage basin will need to beprepared to demonstrate that adequate storage volume has been provided andsubmitted in conjunction with the application for the OccupationCertificate.

A positive covenant shall be executed and registered against the title of any lotcontaining an on site detention system to require maintenance of the system inaccordance with Council's standard terms.

Any drainage pit within a road reserve, a Council easement, or that may beplaced under Councils’ control in the future, shall be constructed of caste insitu concrete. Details are to be submitted with the Construction Certificateapplication plans.

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ITEM 7 (Continued)

74. On-Site Stormwater Detention Stormwater runoff from all impervious areasshall be collected and piped by gravity flow to a suitable on-site detentionsystem in accordance with Ryde City Council’s Stormwater ManagementDevelopment Control Plan “DCP 41”. The minimum capacity of the pipeddrainage system shall be equivalent to the collected runoff from a 20 yearaverage recurrence interval storm event. Overland flow paths are to beprovided to convey runoff when the capacity of the piped drainage system isexceeded up to the 100 year average recurrence interval and direct this to theon-site detention system. Runoff which enters the site from upstream propertiesshould not be redirected in a manner which adversely affects adjoiningproperties.

The on-site detention system shall be designed to ensure peak flowrates at anypoint within the downstream drainage system do not increase as a result of thedevelopment during storms from the 5 year to the 100 year average recurrenceinterval of all durations. Outflow from the basin shall be piped to a point ofdischarge in accordance with Councils Stormwater Management DevelopmentControl Plan “DCP 41”.

The system is to be cleaned regularly and maintained to the satisfaction ofRyde City Council.

75. On site stormwater detention Tank. All access grates to the on sitestormwater detention tank are to be hinged and fitted with a locking bolt. Anytank greater than 1.2 metres in depth must be fitted with step irons.

76. Retaining Walls All retaining walls are to be designed by a qualified civilengineer in accordance with the geotechnical report. The retaining wallsenclosing the on site detention tank are to be stepped to allow planting withinthe wall area.

77. Road Opening Permit. The applicant shall apply for a road opening permitwhere a new pipeline is proposed to be constructed within or across thefootpath. No drainage work shall be carried out on the footpath without thispermit being paid and a copy kept on the site.

78. Car Parking The car parking area is to comply with AS2890.

CITY OF RYDE


ITEM 7 (Continued)

79. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan(ESCP) shall be prepared by a suitably qualified consultant in accordance withthe guidelines set out in the manual “Managing Urban Stormwater, Soils andConstruction“ prepared by the Department of Housing. These devices shall bemaintained during the construction works and replaced where considerednecessary.

The following details are to be included in drawings accompanying the Erosionand Sediment Control Plan

(a) Existing and final contours(b) The location of all earthworks, including roads, areas of cut and fill(c) Location of all impervious areas(d) Location and design criteria of erosion and sediment control

structures,(e) Location and description of existing vegetation(f) Site access point/s and means of limiting material leaving the site(g) Location of proposed vegetated buffer strips(h) Location of critical areas (drainage lines, water bodies and unstable

slopes)(i) Location of stockpiles(j) Means of diversion of uncontaminated upper catchment around

disturbed areas(k) Procedures for maintenance of erosion and sediment controls(l) Details for any staging of works(m) Details and procedures for dust control.

80. Truck Shaker. A truck shaker ramp must be provided at the construction exitpoint. Fences are to be erected to ensure vehicles cannot bypass them.Sediment tracked onto the public roadway by vehicles leaving the subject siteis to be swept up immediately.

81. Temporary Footpath Crossing. A temporary footpath crossing must beprovided at the vehicular access points. It is to be 4 metres wide, made out ofsections of hardwood with chamfered ends and strapped with hoop iron, and atemporary gutter crossing must be provided.

82. Geotechnical Report A geotechnical report is to be submitted and allstructures in the development are to be designed in accordance with thereport. The structures are to be signed off at completion by a geotechnicalengineer before the issue of the occupation certificate.

CITY OF RYDE


ITEM 7 (Continued)

Engineering Conditions to be complied with Prior to Commencement ofConstruction

83. Sediment and Erosion Control. The applicant shall install appropriatesediment control devices in accordance with an approved plan prior to anyearthworks being carried out on the site. These devices shall be maintainedduring the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. Thiscondition is imposed in order to protect downstream properties, Council'sdrainage system and natural watercourses from sediment build-up transferredby stormwater runoff from the site.

84. Compliance Certificate. A Compliance Certificate must be obtainedconfirming that the constructed erosion and sediment control measurescomply with the construction plan and Ryde City Council’s DevelopmentControl Plan for Construction Activities “DCP 42”

Engineering Conditions to be complied with Prior to Occupation Certificate

85. Compliance Certificates – Engineering. Compliance Certificates must beobtained for the following (If Council is appointed the Principal CertifyingAuthority [PCA] then the appropriate inspection fee is to be paid to Council)and submitted to the PCA:• Confirming that all vehicular footway and gutter (layback) crossings are

constructed in accordance with the construction plan requirements andRyde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed driveway is constructed in accordance withthe construction plan requirements and Ryde City Council’s EnvironmentalStandards Development Criteria - 1999.

• Confirming that the constructed internal car park and associated drainagecomplies with AS 2890, the construction plan requirements and Ryde CityCouncil’s Environmental Standards Development Criteria - 1999.

• Confirming that the on-site detention system will function hydraulically inaccordance with the approved design.

86. Vehicle Footpath Crossings. Concrete footpath crossings shall beconstructed at all locations where vehicles cross the footpath, to protect it fromdamage resulting from the vehicle traffic. The location, design andconstruction shall conform to the requirements of Council. Crossings are to beconstructed in plain reinforced concrete and finished levels shall conform withproperty alignment levels issued by Council’s Engineering Services Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossingswill not be permitted.

CITY OF RYDE


ITEM 7 (Continued)

87. Disused Gutter Crossing. All disused gutter and footpath crossings shall beremoved and the kerb and footpath reinstated to the satisfaction of Council.

88. Work-as-Executed Plan. A Work-as-Executed plan signed by a RegisteredSurveyor clearly showing the surveyor’s name and the date, the stormwaterdrainage, including the on-site stormwater detention system if one has beenconstructed and finished ground levels is to be submitted to the PrincipalCertifying Authority (PCA) and to Ryde City Council if Council is not thenominated PCA. If there are proposed interallotment drainage easements onthe subject property, a Certificate from a Registered Surveyor is to besubmitted to the PCA certifying that the subject drainage line/s and pitsservicing those lines lie wholly within the proposed easements.

89. On-Site Stormwater Detention System - Marker Plate. Each on-sitedetention system basin shall be indicated on the site by fixing a marker plate.This plate is to be of minimum size: 100mm x 75mm and is to be made fromnon-corrosive metal or 4mm thick laminated plastic. It is to be fixed in aprominent position to the nearest concrete or permanent surface or accessgrate. The wording on the marker plate is described in Council’s StormwaterManagement DCP. An approved plate may be purchased from Council'sCustomer Service Centre on presentation of a completed City of Ryde OSDcertification form.

90. Drainage Construction. The stormwater drainage on the site is to beconstructed in accordance with plan W4099-S1 and S2 prepared by WebconEngineers.

91. Footpath A footpath is to be constructed along the property frontage toCouncil's requirements.

Engineering Conditions to be complied with Prior to Subdivision Certificate

92. Existing Easements and Restrictions. The applicant must acknowledge allexisting easements and restrictions of the use of land on the final plan ofsubdivision.

93. Positive Covenant. The creation of a Positive Covenant under Section 88Eof the Conveyancing Act 1919, burdening the property with the requirement tomaintain the stormwater detention system on the property. The terms of theinstruments are to be generally in accordance with the Council's "draft terms ofSection 88B instrument for Maintenance of Stormwater Detention Systems"and to the satisfaction of Council.

CITY OF RYDE


ITEM 7 (Continued)

94. 88B Instrument. The submission of an instrument under Section 88B of theConveyancing Act 1919 plus 2 copies, creating any Easements PositiveCovenants and restrictions on use, the Ryde City being the authorityempowered to release vary or modify the same

95. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus5 copies suitable for endorsement by the Chief Executive pursuant to Section327 of the Local Government Act.

96. Certification of Building Works. If Council is not the PCA then certificationthat all building works as detailed in Local Development Consent No 706/2004have been completed in accordance with that consent is to be submitted withthe application for the Subdivision Certificate.

97. Council will only issue a Subdivision Certificate pursuant to the EnvironmentalPlanning and Assessment Act 1979 Section 109 J when the developmentconsent is complied with and Council or an accredited certifier has lodgeddocumentary evidence of completion of a final inspection of any building orengineering works with Council.

ADVISORY CONDITIONS

1. Compliance with Building Code of Australia

1) All building work ( other than work relating to the temporary building ) must becarried out in accordance with the requirements of the Building Code ofAustralia ( as in force on the date of the application for the relevantconstruction certificate or complying development certificate was made)

2) This clause does not apply to the extent to which an exemption is in forceunder clause 187 or 188, in the Environmental Planning and AssessmentRegulations 2000,subject to any terms of any condition or requirementreferred to in Clause 187(6) or 188(4).

2. Residential Building Work

1) Building work that involves residential building work (within the meaning ofthe Home Building Act 1989) must not be carried out unless the PrincipalCertifying Authority for the development to which the work relates:

CITY OF RYDE


ITEM 7 (Continued)

a) in the case of work to be done under the Act:i) has been informed in writing of the licensee’s name and contractor

licence number, andii) is satisfied that the licensee had complied with the requirements of

Part 6 of the Act; orb) in the case of work to be done by any other person:

i) has been informed in writing of the person's name and owner-builder permit number; or

ii) has been given a declaration, signed by the owner of the land, thatstates that the reasonable market cost of the labour and materialsinvolved in the work is less than the amount prescribed for thepurposes of the definition of “owner builder work” in Section 29 ofthat Act, and is given appropriate information and declarationsunder paragraphs (a) and (b) whenever arrangements for thedoing of work are changed in such a manner as to render out ofdate any information or declaration previously given under either ofthose paragraphs.

2) A certificate purporting to be used by an approved insurer under Part 6of the Home Building Act 1989 that states that a person is the holder ofan insurance policy issued for the purposes of that Part is, for thepurpose of this clause, sufficient evidence that the person has compliedwith the requirements of that Part.

5 Excavations and backfilling

1) All excavations and backfill associated with the erection or demolition of abuilding must be executed safely and in accordance with appropriateprofessional standards.

2) All excavations associated with the erection or demolition of a building mustbe properly guarded and protected to prevent them from being dangerous tolife or property.

6 Retaining walls and drainageIf the soil conditions require it:a) retaining walls associated with the erection or demolition of a building or

other approved methods of preventing movement of the soil must beprovided, and

b) adequate provision must be made for drainage

7 Support for neighbouring buildingsIf the soil conditions require it:

CITY OF RYDE


ITEM 7 (Continued)

2) If an excavation associated with the erection or demolition of a buildingextends below the level of the base of the footings of a building on anadjoining allotment of and, the person causing the excavation to be made:a) must preserve and protect the building from damage, andb) if necessary, must underpin and support the building in an approved

manner, andc) must, at least 7 days before excavating below the level of the base of the

footings of a building on an adjoining allotment of land, give notice ofintention to do so to the owner of the adjoining allotment of land and furnishparticulars of the excavation to the owner of the building being erected ordemolished.

3) The owner of the adjoining allotment of land is not liable for any part of thecost of work carried out for the purposes of this clause, whether carried out onthe allotment of land being excavated or on an adjoining allotment of land.

4) In this clause, “allotment of land” includes a public road and any other publicplace.

8 Protection of Public Places

1) If the work involved in the erection or demolition of a building:a) is likely to cause pedestrian or vehicular traffic in a public place to be

obstructed or rendered inconvenient, orb) building involves the enclosure of a public place,a hoarding or fence must be erected between the work site and the public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substancefrom, or in connection with, the work falling into the public place.

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

4) Any such hoarding, fence or awning is to be removed when the work has beencompleted.

9 Prior to commencing any construction works, the following provisions of theEnvironmental Planning and Assessment Amendment Act, 1997 are to becomplied with:-

i) A Construction Certificate is to be obtained in accordance with Section81A (2)(a) of the Act.

CITY OF RYDE


ITEM 7 (Continued)

ii) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A (2)(b) of theAct and Form 7 of Schedule 1 to the Regulations.

iii) Council is to be notified at least two (2) days prior to the intention tocommence building works, in accordance with Section 81A (2)(c) of theAct and Form 7 of Schedule 1 to the Regulations.

10 The applicant may apply to the Council or an accredited certifier for the issuingof a Construction Certificate and to Council or an accredited certifier tomonitor compliance with the approval and issue any relevant documentaryevidence or certificate/s.

Council Officers can provide these services and further information can beobtained from Council by telephoning 9952 8222 (Customer Service).

(b) That the persons who made submissions be advised of the decision.

Liz Coad Chris YoungManager Environmental Assessment Team Leader Environmental Assessment

CITY OF RYDE


ITEM 7 (Continued) Indicates submissions receivedPetition also received

COPYRIGHT

© 2004 City of Ryde.© 2004 Land an d Pro perty Infor mation NSW.

ALL RIGHTS RESERVED

No par t of this map may be rep roduced without writte n permission.

City of Ryde

Development Application706/2004

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

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Scale: 1:1700 approx.Date: 30/11/2004

CITY OF RYDE


ITEM 7 (Continued)

CITY OF RYDE


ITEM 8

6 ALLAN AVENUE, RYDE. LOT: 110 DP: 10504. Local Development Applicationfor demolition and construction of new two storey dwelling. LDA 579/2003.Applicant: D Abdo.

INTERVIEW 6.45PM


FILE NO: LDA03/579

EXECUTIVE SUMMARY

This report considers a proposal to demolish a dwelling and construct a two storeydwelling. The dwelling does not comply with the provisions of the Ryde PlanningScheme Ordinance and Development Control Plan No. 17A for Dwelling Houses andDuplex Buildings in relation to floor space ratio, ceiling height, established buildingzone and carparking. Further, insufficient information has been submitted in relationto the AHD levels.

No submissions were received.

It is recommended that the application be refused.

Reason for Referral to Development Committee: Non-compliance with DwellingHouses and Duplex Buildings Development Control Plan.


Address : 6 Allan Avenue, Ryde

Site Area : 521.36Frontage 13.155 metresDepth 39.625 metres

Topography andVegetation : The site has a cross fall from west to east and a

moderate fall towards the rear . There is one large treelocated at the rear of the property.

CITY OF RYDE


ITEM 8 (Continued)

Existing Buildings : Brick dwelling, brick garage and metal carport.

PLANNING CONTROLS:

Zoning : Residential 'A'Other : Ryde Planning Scheme Ordinance

Dwelling Houses and Duplex Buildings DevelopmentControl Plan No. 17AStormwater Management Development Control Plan No.41Energy Smart, Water Wise Development Control Plan

PROPOSAL:

The proposal is to demolish a single storey dwelling and construct a two storeydwelling with a basement garage. The garage does not have sufficient entry width toallow two vehicles to manoeuvre and park.

The ground floor contains; a kitchen, dining room, lounge room, study room,bathroom, laundry, front and rear verandah. The first floor contains four bedrooms,bathroom and family room.

HISTORY:

• The application was submitted on 19 June 2003.• On 23 June 2003, following a preliminary assessment, the applicant was advised

that the proposal involved excessive excavation to form a basement area and isnot considered to enhance the streetscape, nor complement other dwellings inthe street and would require a redesign.

• The floor space ratio exceeds 0.5:1 and needs to be reduced.

A response from the applicant's architect, Mr Jack Elia, advised:

That the owner/applicant needs parking and garages to be under the house andsome storage area, all this is happening as shown under natural ground so as tohave no impact on the streetscape.

The design will blend nicely with streetscape and most of the basement will notbe noticed from the street except for the garage doors through the section of thedriveway.

CITY OF RYDE


ITEM 8 (Continued)

A well located balcony above the driveway to reduce the impact of any effect tofront facades. The garages will make no difference whether they are locatedunder ground or at any other place on the site as they are not included in the50% Floor Space Ratio.

In relation to Floor Space Ratio this was the main reason for placing the garagesunder the ground, for the same reason the gazebo was deleted. The Floor SpaceRatio will be amended to address this matter by reducing part of the two storeyhouse.

• A reply was again sent to the applicant on the 5 August 2003 stating that all of theabove issues still had not been addressed and that they had 14 days to addressall issues or the application would be refused.

• This was followed up again with a 7 day letter on the 23 September 2003.

• A further meeting was held with Client Manager, Sam Pratt where it wasconfirmed that the applicant would not withdraw the application.

• On the 11 October 2003 the application was notified allowing submissions to bereceived up to the 27 October 2003. No submissions were received.

• The proposal was re-assessed on the 27 October 2003 and it was noted thatvarious issues were still outstanding.

• The applicant was advised by on 10 November 2003 of number of significant non-compliances with Council policy and the plans themselves inaccuracies aslisted below:-

a. The proposal being completely out of character with that of the existingstreetscape and character of the area.

b. The submitted plans do not scale with that stated dimensions.c. The submitted shadow diagram is incorrectd. The Floor Space Ratio exceeds Council’s controls by 99.5 m².e. The upper level of the dwelling as proposed will extend outside the

established building zone by approximately 2.5 metres.f. Submit an objection under SEPP1 due to the existing block being less than

580 square metres.g. Provide details of any proposed fencingh. Two car parking spaces are required behind the building line. The proposed

garage is of insufficient width to accommodate two vehicles. The garageshould have a minimum internal width of 5.5 metres.

CITY OF RYDE


ITEM 8 (Continued)

i. Council’s Survey Assistants are examining the proposed driveway withrespect to vehicle access.

j. The stormwater design does not comply with Council’s Development ControlPlan No. 41.

• Mr Elia's response of 1 December 2003 was that Council’s Duty Officer did notadvise that two storey dwellings were not permitted and wanted to schedule ameeting.

• This meeting took place on 18 December 2003 to again discuss non-compliances, and it was agreed that amended plans would be submitted toresolve all issues. After no response being received, the applicant was furtheradvised in writing on 19 February 2004 to submit the amended plans.

• Amended plans together with the SEPP 1 objection were received on the 27February 2004. These plans were assessed and were still found to have anumber of non-compliances; the applicant was advised in writing by letter dated30 March 2004.

• A further meeting was held on 20 April 2004 with applicant, owners and architect,Mr Elia and again it was stated by the applicant that all these items would beaddressed.

• A further letter was sent to the applicant on the 23 July 2004, still outlining anumber of non-compliances in respect to stormwater disposal, floor space ratio,bulk, scale and height of the proposal.

• On 9 September 2004 driveway cross section details were submitted.

• On 10 September 2004 amended hydraulic plans were submitted.

• Council’s Development Engineer’s assessment of the stormwater plans anddriveway grades although found them to be satisfactory subject to 20 conditionsadvises specifically that the stormwater plans are not consistent with thearchitectural plans in relation to the gazebo not shown. Additionally this willinvolve the construction of retaining walls of 500mm to approximately 1.4 metres.

The plans show a number of inconsistencies, significantly the survey plan submittedmakes reference that the datum is ‘approximate’ AHD.

The levels of a significant dwelling are not something that can be estimated at thedevelopment application stage and left until construction. There needs to be certaintyin what Council is assessing and approving.

CITY OF RYDE


ITEM 8 (Continued)

On the latest amended plans, the applicant has reduced the floor space ratio to0.54:1. As a result, however, getting the stormwater disposal to comply this boughtabout the construction of additional retaining walls.

Whilst Council’s Development Engineer has approved the stormwater design, subjectto conditions, this involves the site being cut 1.4 metres and the construction of aretaining wall on the eastern elevation and the southwestern corner being filled500mm. Therefore, this amendment is inconsistent with the architectural plans thatwere notified.

In effect solving one issue has created another.

This application fails to comply with Council’s Development Control Plan andattempts by Council staff to facilitate a resolution have been unsuccessful. Given thetime that has lapsed this application should now be refused and the owners be invitedto attend prelodgment discussions for a new application.

REFERRALS:

Development Engineer:

Council’s Development Engineer raised no objection to the proposal subject toconditions.

Landscape Architect:

Council’s Landscape Architect raised no objection to the proposal but has identifiedthat a small fig tree exists in the rear corner and is located outside where buildingworks are proposed.


The assessment contained in this report is a summary of the matters deemedrelevant to this development proposal and matters contained in the Department ofInfrastructure, Planning and Natural Resources' Guide to Section 79C – PotentialMatters for Consideration.

CITY OF RYDE


ITEM 8 (Continued)

1. Relevant Provisions of Environmental Planning Instruments etc:

(a) Ryde Planning Scheme Ordinance.

i) Zoning

Residential 'A'

ii) Mandatory Requirements

Clause 46 (1) (a) of the Ryde Planning Scheme Ordinance requires aminimum allotment size of 580m² for residential development. The proposaldoes not comply with this clause. However, the applicant has submitted anobjection under the State Environmental Planning Policy No. 1. The objectionis discussed later in this report

(b) Relevant SEPPs.

There are no State Environmental Planning Policies relevant to the current proposalother than SEPP1 submissions received.

(c) Relevant REPs.

There are no Regional Environmental Plans relevant to the proposal.

(d) Any draft LEPs.

There are no draft Local Environmental Plans relevant to the proposal.

(e) Any DCP (e.g. dwelling house, villa)

Dwelling Houses and Duplex Buildings Development Control Plan No. 17A:

The proposal does not comply with the above Development Control Plan as illustratedby the development standards below:

CITY OF RYDE


ITEM 8 (Continued)

Council’s Code Proposed Compliance

Minimum Lot SizeS

580m2 521.36m2 No1

Floor Space Ratio260.63m2 (0.5:1) 278.9m2 (0.54:1) No2

SetbacksFront: 7.5 metres 8.4m (To balcony) YesSides: 1.5m 1.6m Yes

Height2 storeys / 7 metres9 metres (overall height)

2 storeys / 7.5m8.9m (overall height)

No3

Yes

Site CoverageWithin established building zone 2 storey element No4

Parking2 spaces per unit 1 space No5

SNote: Statutory Requirement under the Ryde Planning Scheme Ordinance.1Note: Clause 46(1)(a) of the Ryde Planning Scheme Ordinance prohibits the

construction of a dwelling on allotments of less than 580m2 in area unlessClause 46(5) applies. An objection pursuant to State Environmental PlanningPolicy No.1 has been made by the applicant against the requirements of thisdevelopment standard. The objection is not supported as the proposeddwelling is excessively bulky and an unreasonable precedence is set.

2Note: The original proposal exceeded floor space limits by 99.5m². This has sincebeen amended to be only 18.3m² in excess of the allowable floor space. However, the dwelling remains excessively bulky and so the proposed floorspace is not supported.

3Note: The height of the north western side of the dwelling exceeds the 7m wallheight limit by up to 500mm. This occurs as a result of the proposedbasement level. The excessive height adds to the bulk and is considered toadversely impact upon the streetscape and so is not supported.

4Note: The upper level extends approximately 1.5m to the rear of the establishedbuilding zone. This non-compliance adds to the bulk of the building and so isalso not supported.

5Note: The proposed basement garage does not have sufficient entry width to allowtwo vehicles to manoeuvre and park. This non-compliance is not supported.

CITY OF RYDE


ITEM 8 (Continued)

Design Element 1 – Streetscape requires buildings to be “designed tocomplement the relevant features and built form that have been identified aspart of the desired future neighbourhood character”. The proposed twostorey dwelling is not generally in keeping with the streetscape that ischaracterised mainly by single storey detached dwellings, many in theCalifornia Bungalow style. The proposed dwelling is very large and tall andincludes bulky front parapet walls and balconies. The appearance of theproposed dwelling when viewed from the street is considered to adverselyimpact upon the existing streetscape.

Design Element 2 – Bulk and Scale requires “building form and siting thatrelates to landform, with minimum cut and fill”. The proposed excavation forthe basement garage and filling of the site to elevate the ground floor doesnot support this. The requirement for “building height at the street frontagethat maintains a compatible scale with adjacent development” is also notsatisfied, as the proposed dwelling will dominate the single storey dwellingswithin the street. The proposed dwelling exceeds floor space, wall height,and building zone restrictions and is considered to be contrary to the statedperformance criteria of this design element.

Design Element 4 – Car Parking Two car parking spaces are required to bedesigned and located to “enable efficient use of car spaces and access ways,including adequate manoeuvrability for vehicles.” The proposed entry to thebasement car park is too narrow to allow two vehicles to be accommodatedin the basement garage.

Energy Smart, Water Wise Development Control Plan No. 45A:

The proposal generally complies with the above Development Control Plan as illustratedby the development standards below:


NatHERS Rating3.5 stars minimum 4.5 stars Yes

InsulationWalls: R1.5Ceiling: R3.0

Cavity BrickCondition imposed

YesYes

CITY OF RYDE


ITEM 8 (Continued)


Hot Water SystemMin 3.5 star Greenhouse Gas score Condition imposed Yes

Water Fixtures, Fitting andappliancesAAA rated shower heads, basins,kitchen sinks and toilet cisterns

Condition imposed Yes

External Clothes Drying AreaExternal yard space or shelteredventilated space for clothes drying

Condition imposed Yes

2 Likely impacts of the Development

Built Environment

The streetscape is characterised mainly by single storey detached dwellings. Severalof these dwellings are of California Bungalow style. The proposed dwelling will becompletely out of character with the existing built form and is considered to have anunacceptable streetscape impact.

The bulk and scale of the dwelling is considered to be excessive. The dwelling doesnot comply with the numerical standards of DCP 17A with respect to floor space, wallheight and established building zone. Further, the proposed balconies and parapetwalls add to the visual bulk and scale without affecting the numerical standards. Theextensive excavation for the basement and excessive bulk will cause an adverseimpact to the streetscape.

Overshadowing of the dwelling to the south-east of the site will increase. The rearyard of this dwelling has access to in excess of the minimum 2hrs sunlight during thewinter solstice, and living areas to at least 3 hours, which satisfies Council’s DCP17A. However, if the dwelling were to fully comply with the established building zonerequirements and bulk and scale measures then the overshadowing impact would belessened.

CITY OF RYDE


ITEM 8 (Continued)

In summary, the effect on the built environment and particularly the effect onstreetscape is significant. On balanced consideration of these effects and the right ofthe owners to develop their premises it is considered that the effect on the builtenvironment is unreasonable and so the proposed development should be refused.

Natural Environment

One tree is to be removed to allow the proposed construction. This tree is notsignificant so no objection is raised to its removal. Overall the impact on the naturalenvironment is considered to be acceptable.

3 Suitability of the site for the development

The site has accommodated a dwelling for many years and is suitable for such a use. However, the design of the proposed dwelling is out of character with the area andnecessitates excessive level of cut and fill. Therefore the site is not considered to besuitable for the proposed works.

4 Any submissions received

The proposal was notified in accordance with Council’s Development Control Plan forNotification for a nominal 14 day period between 11 and 27 October 2003. Nosubmissions were received.

5 The Public Interest

No referrals to public authorities were required for this application. The proposal aspresented is considered to be contrary to the public interest.

CONCLUSION:

The proposed development does not comply with the Dwelling Houses and DuplexBuildings DCP No 17A. As the development presents an adverse effect upon theamenity of the locality, refusal is recommended.

CITY OF RYDE


ITEM 8 (Continued)

RECOMMENDATION:

(a) That Local Development Application No. 579/2003 at 6 Allan Avenue, Ryde,being LOT: 110 DP: 10504 be refused for the following reasons;

1. The proposal does not satisfy the provisions of Council’s DwellingHouses and Duplex Buildings Development Control Plan 17A in regardto floorspace and carparking [Section 79C(1)(a)(iii)]

2. The proposal has an adverse impact on the established streetscape,neighbouring properties and the built environment in general[Section79C(1)(b)]

3. The proposal does not comply with the maximum height requirementsunder the Dwelling Houses and Duplex Buildings Development ControlPlan.

4. Insufficient information has been provided by the applicant in relation tothe extent of excavation, AHD levels shown on the survey andinconsistent details shown between architectural and engineering plans.Several submissions to Council failed to resolve this.

5. The proposal is contrary to the public interest [Section79C(1)(d)].

(b) That the owners of the property be advised to contact the Group ManagerEnvironmental Planning to arrange prelodgment discussions for a new applicationthat complies with Development Control Plan No. 17A.

Liz Coad Peter DewickManager Team LeaderEnvironmental Assessment Environmental Assessment

CITY OF RYDE


ITEM 8 (Continued) No submissions received

COPYRIGHT

© 2004 City of Ryde.© 2004 Land and Property Informat ion NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde


Scale: 1:1160 approx.

Date: 24/11/2004



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ITEM 8 (Continued)

CITY OF RYDE


ITEM 9

136A CRESSY ROAD, EAST RYDE. LOT: 91 DP: 579412. Application underSection 96(2) to delete conditions requiring underground stormwater detentiontank. Detention tank to be provided above ground near rear boundary incourtyard. LDA 383/2002. Applicant: Mr A Rugholm.

INTERVIEW 6.50PM

Manager Environmental Assessment Reports 1 December 2004

FILE NO: LDA02/383

EXECUTIVE SUMMARY

This report considers an application made pursuant to Section 96 of theEnvironmental Planning and Assessment Act seeking modifications to an approvedvilla development. The initial application sought approval for an above-ground on-sitedetention (OSD) tank located below the rock platform close to Kittys Creek. This wasunacceptable from aesthetic and environmental reasons and a condition of consentwas imposed requiring the OSD tank to be provided in a suitable location belowground. The applicant has now asked Council to review its decision in relation to thelocation of the OSD tank.

The proposed amendments involve deletion of the deferred commencement conditionthat requires the stormwater design to be modified and the deletion of Condition 91,which is concerned with fencing within the riparian zone beneath the rock platform. Both these conditions were imposed following consultation with officers from theDepartment of Infrastructure, Planning and Natural Resources (DIPNR) and Council’sDrainage Team.

As this development is Integrated Development and the proposed changes areinconsistent with DIPNR’s General Terms of Approval, a copy of the Section 96application was forwarded to DIPNR for comment. The Department does not supportthe OSD basin or associated drainage works below the rock platform. DIPNR doesnot object to the provision of suitable fencing style within this area.

It is recommended that request to relocate the OSD tank be refused and the requestto provide fencing below the rock platform be approved.

Reason for Referral to Development Committee: Nature of development.

CITY OF RYDE


ITEM 9 (Continued)

BACKGROUND:

This application seeks consent to modify a villa development approved by Council inFebruary 2004. The consent included 2 deferred commencement conditionsrequiring the submission of an amended drainage plan and the submission of adetailed landscape plan/vegetation management plan. Both of these deferredcommencement conditions have been satisfied and the consent can now be actedupon.

Integrated Development

As the site is located within 40 metres of a natural watercourse (Kittys Creek) theapplication is categorised as Integrated Development. The Department of Land andWater Conservation (now DIPNR) provided Council with a list of conditions which ifmet, it would be prepared to issue a Part 3A Permit under the Rivers and ForeshoresImprovement Act 1948.

These conditions formed part of Council’s consent. The condition most relevant tothis application under Section 96 is repeated below:

“there are no works to be carried out below the rock platform. The plans/drawings areto be amended in consultation with and with the approval of DLWC (now DIPNR)prior to the release of the Part 3A Permit, showing the proposed detention basin andassociated drainage works in a different location”.

This condition formed Condition No. 80 of Council’s consent.

Relocation of the OSD tank

The original proposal sought to locate the stormwater storage tank above groundnear the rock outcrop that sits above Kittys Creek. The storage would have beenconstructed from concrete and would be lined with a sandstone veneer to make itlook “natural”. The top of the tank would provide an additional area of recreationalspace to the occupants of Villa No 2.

The visual and aesthetic impact of this above ground structure were a major concernin the assessment of this proposal and it was recommended that the applicantrelocate the OSD tank to a suitable location underground. Relocating the OSD tankunderground would ensure the scenic/natural qualities of Kittys Creek weremaintained.

CITY OF RYDE


ITEM 9 (Continued)

A deferred commencement condition was imposed requiring the submission of astormwater drainage plan showing the OSD tank in an acceptable location. Thiscondition is consistent with DIPNR’s condition to ensure that no building works wouldbe carried out below the rock platform and showing the drainage basin andassociated drainage works in a different location.

PROPOSED MODIFICATIONS:

The proposed modifications are:

1. Deletion of Deferred Commencement Condition No. 1 and General Condition No.80 to allow the on-site detention (OSD) tank to be provided below the rockplatform.

2. Deletion of Condition 91, which states:

“No fencing is to be provided within the riparian zone. All fencing must be sitedabove the rock shelf. Property boundaries must be distinguished by alternatemethods such as by the use of landscaping”.

ASSESSMENT OF MODIFICATION:

Section 96(2) of the Environmental Planning and Assessment Act 1979, states:

“A consent authority may, on application being made by the applicant or any otherperson entitled to act on a consent granted by the consent authority and subject toand in accordance with the regulations, modify the consent if:

(a) it is satisfied that the development to which the consent as modified relatesis substantially the same development as the development for which consentwas originally granted and before that consent as originally granted wasmodified (if at all), and

(b) it has consulted with the relevant Minister, public authority or approval body(within the meaning of Division 5) in respect of a condition imposed as arequirement of a concurrence to the consent or in accordance with thegeneral terms of an approval proposed to be granted by the approval bodyand that Minister, authority or body has not, within 21 days after beingconsulted, objected to the modification of that consent, and

CITY OF RYDE


ITEM 9 (Continued)

(c) it has notified the application in accordance with: (i) the regulations, if theregulations so require, or (ii) a development control plan, if the consentauthority is a council that has made a development control plan undersection 72 that requires the notification or advertising of applications formodification of a development consent, and

(d) it has considered any submissions made concerning the proposedmodification within the period prescribed by the regulations or provided bythe development control plan, as the case may be.

The proposed modification was referred to DIPNR in accordance with (b) above andthe following response was provided in relation to the relocation of the OSD tank:-

“With regard to the location of an on-site detention basin (OSD), the Department hasnot seen significant argument in the proposal to cause it to alter its GTA 2.5, whichwas developed after considerable consultation with Council.”

As DIPNR maintains its objection to the proposal to provide the OSD tank below therock platform, Council is unable to agree to the first part of the applicant’s request.

In relation to fencing, the Department has indicated that it has no objection to theproposed locations and type of fencing. Note that the Department does not supportwire mesh fences through and within creek flood zones. The GTA 2.5 referring to‘works below the rock platform’ may therefore be interpreted as referring to theconstruction of the detention basin and associated drainage works only.

Accordingly, the proposal to provide new open fencing (pool fence style fencing)below the rock platform, with the exception of within the creek itself, is supported.Condition 91 should be amended to read as follows:

“91. Open style (pool fence style) fencing may be provided below the rockplatform with the exception of the areas within the creek flood zones. The details of the fencing to be installed is to be submitted to thePrincipal Certifying Authority (PCA) for approval prior to the release ofthe Construction Certificate.”

Submissions:

In accordance with the provisions of Council’s DCP No. 15, notice of the proposedmodifications was given to adjoining property owners and residents. 6 submissionswere received in response to the above notice.

CITY OF RYDE


ITEM 9 (Continued)

The issues raised in the submissions are addressed below:

1. We are supportive of the proposed development at 136A Cressy Road.

Comment: Noted. This submission does not raise any further issues to beaddressed.

2. I wish to refer to Mr Anker Rugholm’s letter of 23 April 2004 requesting amodification to the consent 383/2002 and wish to advise you that I support theproposed amendments.


3. I am confident the above ground structure will be pleasing to the eye and willhave no detrimental visual impact.


4. I agree to the modification submitted by Anker Rugholm which is attached.


5. I’ve studied the plans and drawings in connection with the developmentapplication consent – request for modification to consent, and have viewed thesite from my side and also the other side of the creek and fully endorse therequest.


6. In regard to the above application, please be advised that we are supportive ofthe proposed development and are looking forward to its completion.


CITY OF RYDE


ITEM 9 (Continued)

CONCLUSION:

This application under Section 96(2) of the Environmental Planning and AssessmentAct 1979 has been fully considered within this report. The main change being soughtis to relocate the OSD tank below the rock platform. This part of the applicationcannot be supported given the considerable visual impact that it would create and theadvice provided by DIPNR denying approval to the changes. A secondarymodification sought relates to the condition prohibiting fencing below the rockplatform. The Department has advised that it does not object to a suitable style offencing being provided within this area. Accordingly, it is recommended thatCondition No. 91 be modified as outlined above.

RECOMMENDATION:

(a) That the subject application made pursuant to Section 96(2) of the EnvironmentalPlanning and Assessment Act 1979 be determined as follows:

1. The request to delete deferred commencement Condition No. 1 (Part 1) isrefused.

2. The request to delete Condition No. 80 (Part 2) is refused.

3. Condition No. 91 (Part 2) is to be amended to read –

“Open style (pool fence style) fencing may be provided below the rock platform withthe exception of the areas within the creek flood zones. The details of the fencingto be installed is to be submitted to the Principal Certifying Authority (PCA) forapproval prior to the release of the Construction Certificate.”

(b) That the persons who made submissions be advised of Council’s decision.

Liz Coad Troy LovedayManager Environmental Assessment Executive Planner

CITY OF RYDE


ITEM 9 (Continued) Indicates submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde

Development Application383.2/2002



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CITY OF RYDE


ITEM 9 (Continued)

CITY OF RYDE


ITEM 10

73-77 FALCONER STREET, WEST RYDE. LOT: 1 DP: 788634. LocalDevelopment Application for alterations and additions to existing self-storagefacility. LDA 1029/2001. Applicant: Hillrime Pty Ltd C/- Martin McGraneArchitects.

INTERVIEW 6.55PM

Group Manager Environmental Planning Reports 19 November 2004

FILE NO: LDA01/1029

EXECUTIVE SUMMARY

This report considers a proposal to make alterations and additions to an existing selfstorage facility.

The additions involve alterations and additions to a two storey self-storage facility toincorporate an additional floor and general internal & external refurbishment. The site is within a significant overland flow path and extensive negotiations betweenCouncil’s Drainage Team, Development Engineers and the applicant’s HydraulicEngineers were required to resolve this complicated issue. The hydraulic plans havenow been developed to a stage where a ‘deferred commencement’ consent could begranted.

With regard to planning issues, the proposal seeks a FSR of 1.7:1, which is in excessof the 1:1 FSR permitted for the Industrial Special Zoning.

The applicant has lodged a submission under State Environmental Planning PolicyNo. 1 claiming that strict compliance is unnecessary for a number of reasonsincluding claims that the use is a ‘low activity’ use, in terms of carparking generation,and, the envelope of the building is no greater than similar Industrial buildings with alesser FSR. The applicant also cites other examples of self-storage facilitiesapproved in the City of Ryde with variations to the FSR greater than requested in thecurrent application. The applicant has also provided plans indicating how the buildingcould be converted back to a ‘standard’ industrial use involving a reduction infloorspace to comply with Council’s Ryde Planning Scheme Ordinance requirements.

CITY OF RYDE


ITEM 10 (Continued)

It is considered that the applicant's arguments have merit and the StateEnvironmental Planning Policy No 1 submission could be supported by Council.

No submissions were received.

It is recommended that the application be approved subject to a ‘deferredcommencement’ consent, requiring the applicant to submit, and have approved byCouncil’s Development Engineer, additional drainage plans prior to the activation theconsent and release of stamped plans.

Reason for Referral to Development Committee: Variation to the floor space ratiorequirement and circumstances of the case.


Address : 73-77 Falconer Street, West Ryde

Site Area : 2,460m2

Frontage : 47.245mDepth : 52.09m

Topography andVegetation : The site is located on a natural depression with

stormwater easements affecting the property. Nosignificant vegetation exists on site.

Existing Buildings : A two storey industrial development occupies the site.

PLANNING CONTROLS:

Zoning : Industrial Special 4(c1)Other : Ryde Planning Scheme Ordinance

: LEP No. 118: Development Control Plan 29A - Carparking

PROPOSAL:

The application seeks to make alterations and additions to a two storey self-storagefacility to incorporate an additional floor and general internal & externalrefurbishment.

CITY OF RYDE


ITEM 10 (Continued)

The work comprises the following:-

Ground Floor:-

Upgrade hoist & stairs to Building Code of Australia requirements; Provide landscape strip along part of Falconer Street elevation.

First Floor:-

Upgrade hoist & stairs to Building Code of Australia requirements; Provide disabled chair lift & toilets facilities.

Second floor:-

Upgrade & extend hoist & stairs to Building Code of Australia requirements; Construct new floor slab for additional storage units.

HISTORY:

Development Consent No. 310/1994 was approved on 31 October 1994 tocommence a use – self storage units and caretaker’s flat.

The current application was lodged on 7 November 2001.

On 14 November 2001 Council’s Drainage Team reported that there were severestormwater constraints affecting the site, including, several easements, drains andsignificant levels of overland flow. Approval of additional floorspace on the site wasnot supported.

Council’s Development Engineer concurred with this view and recommended refusalof the application on 19 December 2001.

The applicant was notified of the above matters on 10 January 2002 and advised toconsult with their Hydraulic Engineers to see if there was any possibility of a solution.

The applicant replied on 14 June 2002 that investigations were being carried out bytheir Hydraulic Engineers to resolve the issues.

On 18 July 2002 the applicant requested information from Council’s Drainage Team.

CITY OF RYDE


ITEM 10 (Continued)

On 7 August 2002 Council’s Drainage Team responded to the applicant's request foradditional information.

The remainder of 2002 year passed with applicant’s engineers investigating thestormwater problems and possible solutions.

In May 2003 the applicant was advised that if no resolution could be found to thestormwater issues, the application should be withdrawn (or failing this the applicationwould be refused).

The applicant requested a meeting with Council Officers. This meeting was held inAugust 2003 with the applicant, owner and consultants and Council’s Drainage Teamand Assessment Planner in attendance. The outcome of the meeting was thatCouncil’s Manager Stormwater Facilities & Services agreed to further investigatemodified plans over the easement and the possibility of flood proofing thedevelopment.

Amended plans were lodged in early 2004.

The amended plans were considered by Councils’ Drainage Team and DevelopmentEngineers with a report prepared finally stating that approval could be granted subjectto a deferred commencement consent.

On 27 May 2004 the applicant was advised that although the stormwater issues hadbeen resolved, Council was still concerned with the justification of the FSR departureand the arguments put forward under State Environmental Planning Policy No. 1. Theapplicant was invited to attend a meeting at Council offices to discuss these issues.

The meeting was held on 9 June 2004 where the above issues were discussed. Theoutcome of the meeting was that the applicant was invited to submit additional plansand details to support the State Environmental Planning Policy No. 1 variation of70%. The application would be then put to Council for final determination.

The applicant claimed to have lodged the additional details & plans soon after thismeeting, however they appear to have been lost in the mail.

A duplicate of the additional information and plans was lodged by hand on 27October for Council’s consideration.

CITY OF RYDE


ITEM 10 (Continued)

REFERRALS:

Drainage Team, 30 March 2004: The Drainage Team’s final report on the drainageplan reads as follows:- ‘I have reviewed the above application for the proposed alterations and additions tothe Existing Self-Storage Facility with respect to stormwater issues and make thefollowing comments.

Introduction

This site is subject to a large overland flow estimated at 45m3/s during the 100 yearARI storm. In 1994 development consent was issued (No. 310/94) for self-storageunits and a caretaker’s flat on the above site. Majority of the site has been developedper approved plans.

However a condition of the consent to construct a culvert to convey overland flowfrom Falconer Street under one section of the storage area to the rear yard has notbeen fully completed. Some provisions for this culvert have been made as the floor ofthe storage area in that part of the development was lifted above ground to RL 9.135m AHD.

For current development application the following plans have been submitted:

1. Survey plan prepared by Michael J Burg (File 1470)2. Architectural plans by Martin McGrane Architects (No 411.01SK01 –06)

In addition Cottee’s Enterprises Pty Ltd has prepared a flood study utilisingWatershed Bounded Network Model (WBNM). Both the report and electronic copiesof the model have been submitted to Council for review.

3 Overland flow management

The main feature of this development proposal from a flood management perspectiveis completion of the above-mentioned culvert under the north-eastern part of thedevelopment. The hydraulic consultant has modelled three scenarios to demonstrateimpacts of this culvert on the flooding in Falconer Street:

• Existing building – unmodified;• Existing building with the culvert as per DA 310/94;• Modified building plus a new large inlet pit in Falconer Street to make sure that the

existing tonkin is fully utilised.

CITY OF RYDE


ITEM 10 (Continued)

Hydraulic consultant has modelled 2 box sections and 3 weirs with variouscharacteristics in an attempt to model this very complex flooding situation. Two boxsections represent existing tonkin and a proposed box culvert under the building.

I believe that this flood study has a number of deficiencies and that, consequently,the estimated top water levels and distribution of flows are incorrect.

The main problem in the study is that this new box culvert is set to start operating atRL 8.35m AHD i.e. at its inlet invert level when in fact the runoff has to pond inFalconer Street to a level of say 9.25m AHD which is the driveway entry level beforeit could spill into the property and into this culvert.

Other problems are:• Weir coefficients is set to 2 when a 1.7 would be more appropriate;• Weir invert levels should be modified in my opinion;• Possibly more weirs and subareas should be introduced in the models to better

represent complex relations during flood events;

The hydraulic consultant has also argued that the existing tonkin might not be flowingfull during the 100 year ARI storm event and that construction of a large inlet pit inFalconer Street is needed if this tonkin is to be fully utilised.

I believe that this assumption is not adequately documented. According to a studyprepared by Willings and Partners in 1990 the tonkin would flow full during the 100year ARI event. In my opinion, considering the size of the upstream catchment andnumber of inlets it is unlikely that the tonkin would not be full. Consequentlyconstruction of this new inlet would not be necessary.

Irrespective of all these deficiencies there is no doubt that proposed construction ofthe new box culvert would significantly improve the flooding situation and reducepotential damage to the storage areas if flooding occurs. The depth of ponding inFalconer Street would be also reduced.

There is also no doubt that relocation of the office from lower level of say 8.3m AHDto upper level of 10.875m AHD would greatly reduce risk to the customers and to thestaff.

CITY OF RYDE


ITEM 10 (Continued)

Council Infrastructure

At the moment two drainage easements exist on this site containing a tonkin and a1500mm diameter pipe. Sections of both of these trunk drainage lines are partiallylocate under the existing buildings and that will remain to be the case with theproposed alterations and additions. In that regard the situation is considered to beunchanged.

Recommendation

From a stormwater perspective there are no objections to the approval of thisapplication subject to the following conditions:

1. The existing building be modified to complete the culvert as per the approved DA310/94 and made structurally adequate to withstand the forces of the flowing andponding water;

2. The existing hoist be water proofed and made structurally adequate to withstandthe forces of the flowing and ponding water coming from the proposed box culvert;

3. No additional loads be superimposed on the Council’s trunk drainage lines as aresult of this development.

Development Engineer, 30 March 2004: Council’s Development Engineerconsidered the Drainage Team’s comments and reported that:-

‘Site Access - Access is via an existing driveway. The driveway complies withAS2890.1 and Council’s driveway codes.

From an engineering perspective there are no objections to approval of thisapplication.

The following deferred commencement condition should be placed on anydevelopment consent issued.

1. This consent shall not operate until a drainage design for the works relating to thecompletion of the culvert works approved under DA310/94 have been submitted toand approved by council.’

Upon approval of these plans, 10 further engineering conditions imposed on theconsent will become active.

CITY OF RYDE


ITEM 10 (Continued)

Building Surveyor 19 November 2004: No objection to the proposal subject tostandard conditions.



1. Relevant Provisions of Environmental Planning Instruments etc:

(a) Ryde Planning Scheme Ordinance.

i) Zoning

Industrial Special 4(c1).

The subject site is zoned Industrial Special – 4(c1) under the provisions of the RydePlanning Scheme Ordinance. The proposed works are permissible with the consent ofCouncil.

Local Environmental Plan No. 118

Local Environmental Plan No. 118 was gazetted on 19 October 2001. This plan hadthe effect of merely consolidating the two Industrial Special zones into one zoning.

ii) Mandatory Requirements


Clause 49 of the Ryde Planning Scheme Ordinance sets out a minimum allotmentwidth of 24m & area of 1,500m2 for land used for industrial purposes. In this regardthe application complies with the requirements.

Clause 51 of the Ryde Planning Scheme Ordinance sets out floorspace ratiorequirements for developments within the zone. The maximum floorspace ratio (FSR)applicable in this case is 1:1.

The proposed additional floorspace will create a total gross floor area of 4,202m2

resulting in a FSR of 1.7:1. This results in a variation of 70%.

CITY OF RYDE


ITEM 10 (Continued)

The applicant has lodged an objection under State Environmental Planning PolicyNo. 1 stating that strict compliance is unreasonable for the following reasons:-

1. The ‘self storage’ use is a low intensity use, generating low traffic volumes;2. The non compliance does not create overshadowing, overlooking or loss of views;3. The development standard prepared over 20 years ago did not ‘contemplate’

changes to Industrial buildings use requirements;4. The assumed objectives of the FSR standard (control of traffic generation, bulk &

scale etc) are generally satisfied;5. The visual impact is negligible and commensurate to other Industrial buildings of

1:1 FSR;6. The refurbishment of the site will improve the streetscape appearance of the

development.

With regard to the above, it is agreed that although the objectives of the FSR are notexpressed in the Ryde Planning Scheme Ordinance, the control of height & bulk, and,traffic generation are two of the generally accepted planning objectives for this type ofcontrol.

The applicant has provided a traffic report to support his contention that the use willgenerate low traffic volumes. This view is supported from similar experience with theMillers self-storage facility on the corner of Franks Street & Victoria Road.

Further, the topography of the site results in the building having the appearance of atwo storey building whilst containing three levels. These levels can be accommodatedwithin the modest envelope of the building due to the floor to ceiling requirementsbeing less critical with 3m ceiling heights typical for storage units rather than 5 - 7 mceiling heights required for general industrial uses.

It should be noted that Council approved a four level self storage facility (Millers SelfStorage) at No. 2 Franks Street, Ryde (Cnr Victoria Road) in 1999 (LDA 172/99).This development had a FSR of 3:1 with a similar submission under StateEnvironmental Planning Policy No. 1 supported by Council.

Following concerns raised by Council officers as to the issue of a ‘change of use’back to a more traditional industrial use, the applicant has provided plans indicatinghow the building could be converted back to a ‘standard’ industrial use involving areduction in floorspace to comply with Council’s Ryde Planning Scheme Ordinancerequirements.

It is considered the applicant’s arguments have merit and the State EnvironmentalPlanning Policy No 1 submission could be supported by Council in this case.

CITY OF RYDE


ITEM 10 (Continued)

(b) State Environmental Planning Policies.

There are no State Environmental Planning Policies (SEPPs) relevant to the currentproposal.

(c) Regional Environmental Plans:

There are no Regional Environmental Plans (REPs) relevant to the current proposal.

(d) Draft Local Environmental Plans:

There are no draft Local Environmental Plan (DLEPs) relevant to the currentproposal.

(e) Development Control Plan/Council Codes

‘Development Control Plan No 29A – Car Parking – Issue Date 17 Jan 2003’

Council’s Parking Development Control Plan requires parking spaces for generalindustry at a rate of:-

• 1 space per 46m2 of nett usable floor space or• 1 space per 2 staff, whichever is the greater.

The rate for warehousing is

• 1 space per 100m2 of nett usable floor space or• 1 space per 2 staff, whichever is the greater.

The current use does not fit neatly into either of these definitions with the trafficgeneration anticipated to be less than either of the above uses. The applicant haslodged a traffic report from a traffic consultant which has surveyed the existingsituation as well as similar self-storage facilities.

The report has found that the traffic generated from the enlarged facility will have onlya minor increase in traffic to the road network with the 10 off-street spacesadequately providing for the proposed development.

No planning objection is seen to the findings of the report or the level of carparkingprovision.

CITY OF RYDE


ITEM 10 (Continued)


Built Environment

The refurbishment of the existing development will improve the somewhat datedappearance of the existing self storage development, which appears an inconsistentmixture of flat roofed & gabled buildings of varying vintage.

The proposed additions will give the appearance of a more modern two storeyindustrial development. The third level substantially hidden as the land falls awayfrom the street.

It is considered the building as proposed will not be out of character with otherindustrial buildings in the vicinity.

Natural Environment

There will be no significant impact on the natural environment due to the site alreadybeing fully developed. The landscaping strip will however soften/improve theappearance of the building from the present streetscape appearance.


The site is not classified as a heritage item or subject to any natural constraints suchas subsidence. In this regard, the proposal is considered to be suitable for the site interms of the impact on both the existing natural and built environments.

4 Submissions

The proposal was notified in accordance with Council’s Notification DevelopmentControl Plan. The notification period ended 27 November 2001. No submissionswere received.


None required in this instance

CITY OF RYDE


ITEM 10 (Continued)

CONCLUSION:

It is considered that the application generally complies with Council’s relevantDevelopment Control Plans & policies, with the exception to the FSR contained withinthe Ryde Planning Scheme Ordinance. The applicant’s submission under StateEnvironmental Planning Policy No 1 is reasonable in this instance for reasonsoutlined in this report and could be supported by Council.

RECOMMENDATION:

That Local Development Application No. 1029/2001 at 73-77 Falconer Street, WestRyde, being LOT: 1 DP: 788634, be approved as a Deferred CommencementConsent pursuant to section 80(3) of the Environmental Planning and AssessmentAct 1979.

In accordance with Clause 95(3) of the Environmental Planning and AssessmentRegulation 2000 these matters must be satisfied within twelve (12) months. Thisconsent does not become operative until the matters referred to in Part 1 have beensubmitted to and approved by Council and Council has notified you in writing that theconsent has become operative.

Part 1 – Conditions Relating to a Deferred Commencement Consent pursuantto Section 80(3) of the Environmental Planning and Assessment Act 1979:

1. This consent shall not operate until a drainage design for the works relating to thecompletion of the culvert works approved under DA310/94 have been submitted toand approved by council.

Part 2 – General Conditions of Consent: The following requirements shall applyupon satisfactory completion of the requirements outlined in Part 1 of thisconsent (above):

1. Development is to be carried out substantially in accordance with Plan Nos.411.01 SK01, 02, 03, 04, 05 & 06 Amendment ‘A’ Dated July 2001 prepared byMartin McGrane Architects and support information submitted to Council:-• Statement of Environmental Effects;• Industrial reuse plan Nos. 411.01 SK07 ‘B’ & SK08 ‘A’ dated June 2004

prepared by Martin McGrane Architects

Except as where amended in the following conditions.

CITY OF RYDE


ITEM 10 (Continued)

2. A minimum of 10 carparking spaces being allocated for the proposed use. Anychange of use may require a reassessment of the level of carparking provided.

3. Any change of use will require the lodgement of a separate DevelopmentApplication and a reassessment of the Floor Space Ratio requirements containedwithin Clause 51 of the Ryde Planning Scheme Ordinance.

4. All building works are required to be carried out in accordance with the provisionsof the Building Code of Australia.


a) at the commencement of the building work*b) after excavation for, and prior to the placement of, any footings*c) prior to pouring any in-situ reinforced concrete building element*d) prior to covering of the framework for any floor, wall, roof or other building

element*e) prior to covering waterproofing in any wet areas*f) prior to covering any stormwater drainage connections*g) Finalisation of works; after the building work has been completed and prior to

any occupation certificate being issued in relation to the building*

(* = mandatory inspections)

Documentary evidence of compliance with Council’s approval and relevantstandards of construction is to be obtained prior to proceeding to the subsequentstages of construction and copies of the documentary evidence are to bemaintained by the Principal Certifying Authority and be made available to Councilofficers upon request.

Prior to occupation of the building, an occupation certificate must be obtained.Prior to the issue of the occupation certificate, the mandatory inspections mustbe carried out.

6. The applicant is to submit to and have approved by Council or an accreditedcertifier all structural details prior to the issue of the Construction Certificate.

CITY OF RYDE


ITEM 10 (Continued)

7. Materials used in the building including floor coverings, shall comply with therequirements of Part C1, with regard to restrictions concerning early fire hazardproperties of materials, spread of smoke and flame.

8. The applicant shall submit to the Principal Certifying Authority (and Council ifCouncil is not the PCA) upon completion of the building and before the issue of anOccupation Certificate, a certificate from an accredited person certifyingcompliance with the requirements of Part C1 of the BCA.

9. A "Fire Safety Schedule" specifying the fire safety measures that are currentlyimplemented in the building premises and the fire safety measures proposed orrequired to be implemented in the building premises as required by Clause 168 -Environmental Planning & Assessment Regulation 2000 are to be submitted andapproved prior to the issue of the Construction Certificate.

10. Essential Services - Essential fire services must be provided within thedevelopment to the requirements of the Building Code of Australia, theEnvironmental Planning and Assessment Act 1979 (as amended) andRegulations.

11. On completion of the building work and prior to an Occupation Certificatebeing issued, the owner of the building must provide to the Consent Authority (ieRyde City Council) a Fire Safety Certificate from a competent person with respectto each essential service installed in the building.

12. A security deposit is to be paid to Council (Public Facilities and Services Group)being a deposit of $4000.00 as well as the infrastructure inspection fee inaccordance with the requirements of Council’s Management Plan (scheduledfees).

13. Enforcement levy is to be paid to Council on lodgement of the ConstructionCertificate application in accordance with the requirements of Council’sManagement Plan (scheduled fees).

14. Documentary evidence of compliance with Conditions 12 & 13 to the satisfactionof Council or an accredited certifier is to be submitted to the Council prior to theissuing of the Construction Certificate.

15. Documentary evidence of payment of the Long Service Levy under Section 34 ofthe Building and Construction Industry Long Service Payments Act 1986 is to bereceived prior to the issuing of the Construction Certificate.

CITY OF RYDE


ITEM 10 (Continued)

16. All demolition and all construction and associated work is to be restricted tobetween the hours of 7.00am and 7.00pm Monday to Friday (other than publicholidays) and between 8.00am and 4.00pm on Saturday. No work is to be carriedout on Sunday or public holidays.

17. No spoil, stockpiles, building or demolition material is to be placed on any publicroad, footpath, park or Council owned land.

Mechanical ventilation systems

18. All mechanical ventilation systems proposed to be installed or altered on thepremises must be designed in accordance with the Building Code of Australia andany prescribed installation requirements under the Public Health Act 1991, anddocumentary evidence of compliance must be submitted to Council or anaccredited certifier with the plans and specifications for the ConstructionCertificate.

19. Documentary evidence that all new and altered mechanical ventilation systemscomply and perform in accordance with the Building Code of Australia and anyprescribed installation requirements under the Public Health Act 1991 must besubmitted to Council or an accredited certifier before the issue of the OccupationCertificate.


20. Design and Construction Standards. All engineering plans and work shall becarried out in accordance with the requirements as outlined within Council’spublication Environmental Standards Development Criteria and relevantDevelopment Control Plans except as amended by other conditions.


22. Restoration. Public areas must be maintained in a safe condition at all times.Restoration of disturbed road and footway areas for the purpose of connection topublic utilities will be carried out by Council following submission of a permitapplication and payment of appropriate fees. Repairs of damage to any publicstormwater drainage facility will be carried out by Council following receipt ofpayment.

CITY OF RYDE


ITEM 10 (Continued)

23. Engineering Compliance Certificates. Engineering Compliance Certificatesmust be obtained for the following works at the specified stage (If Council isappointed the PCA then the appropriate inspection fee is to be paid to Council)and submitted to the Principal Certifying Authority prior to the issue of theOccupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest.• Prior to backfilling of drainage connections to pipelines or channels in which

Council has an interest.• Prior to casting of pits and other concrete structures in which Council has an

interest including kerb & gutter, accessways, aprons, pathways, vehicularcrossings, dish crossings and pathway steps.


All Engineering Compliance certificates are to contain the following declarations:

a) This certificate is supplied in relation to <<address of property>>.b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above.c) I have carried out all tests and inspections necessary to declare that the

work nominated in (a) above has been carried out in accordance with theapproved plans, specifications, and the conditions of the developmentconsent.

d) I have kept a signed record of all inspections and tests undertaken during theworks, and can supply the Principal Certifying Authority [PCA] with a copy ofsuch records and test results if and when required.

Engineering conditions to be complied with prior to Construction Certificate

24. Drainage Plans.Connect the additions into the Council controlled drainage systemin accordance with Council's Development Control Plan 41.

The existing building be modified to complete the culvert as per the approved DA310/94 and made structurally adequate to withstand the forces of the flowing andponding water;

CITY OF RYDE


ITEM 10 (Continued)

The existing hoist be water proofed and made structurally adequate to withstandthe forces of the flowing and ponding water coming from the proposed boxculvert;

No additional loads be superimposed on the Council’s trunk drainage lines as aresult of this development.

25. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan(ESCP) shall be prepared by a suitably qualified consultant in accordance with theguidelines set out in the manual “Managing Urban Stormwater, Soils andConstruction“ prepared by the Department of Housing. These devices shall bemaintained during the construction works and replaced where considerednecessary.



structures,(e) Location and description of existing vegetation(f) Site access point/s and means of limiting material leaving the site(g) Location of proposed vegetated buffer strips(h) Location of critical areas (drainage lines, water bodies and unstable



Engineering conditions to be complied with prior to commencement ofConstruction

26. Sediment and Erosion Control. The applicant shall install appropriate sedimentcontrol devices in accordance with an approved plan prior to any earthworks beingcarried out on the site. These devices shall be maintained during the constructionperiod and replaced where considered necessary. Suitable erosion controlmanagement procedures shall be practiced. This condition is imposed in order toprotect downstream properties, Council's drainage system and naturalwatercourses from sediment build-up transferred by stormwater runoff from the site.

CITY OF RYDE


ITEM 10 (Continued)

27. Compliance Certificate. A Compliance Certificate must be obtained confirmingthat the constructed erosion and sediment control measures comply with theconstruction plan and Ryde City Council’s Development Control Plan forConstruction Activities “DCP 42”

Engineering conditions to be complied with prior to Occupation Certificate

28. Compliance Certificates – Engineering. Compliance Certificates must beobtained for the following (If Council is appointed the Principal Certifying Authority[PCA] then the appropriate inspection fee is to be paid to Council) and submittedto the PCA:• Confirming that the site drainage system servicing the development complies

with the construction plan requirements and Ryde City Council's StormwaterManagement Development Control Plan “DCP 41 and DA310/94.

ADVISORY CONDITIONS

1. Changes in building use

1) A building in respect of which there is a change of building use must complywith the Category 1 fire safety provisions applicable to the proposed new use.

NOTE: The obligation under this clause to comply with Category 1 fire safetyprovisions may require building work to be carried out even though none isproposed or required in the relevant development consent.

2) This clause does not apply to the extent to which an exemption is in forceunder clause 187 and 188 in the Environmental Planning and AssessmentRegulations 2000.

3) In this case clause, “Category 1 fire safety provision” has the same meaningas it has in Clause 3 in the Environmental Planning and AssessmentRegulations 2000 subject to any terms of any condition or requirementreferred to in Clause 187(6) or 188(4).

2. Protection of Public Places

1) If the work involved in the erection or demolition of a building:a) is likely to cause pedestrian or vehicular traffic in a public place to be


CITY OF RYDE


ITEM 10 (Continued)

2) If necessary, an awning is to be erected, sufficient to prevent any substancefrom, or in connection with, the work falling into the public place.

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

4) Any such hoarding, fence or awning is to be removed when the work has beencompleted.

3. Prior to commencing any construction works, the following provisions of theEnvironmental Planning and Assessment Amendment Act, 1997 are to becomplied with:-


ii) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A (2)(b) of the Actand Form 7 of Schedule 1 to the Regulations.

iii) Council is to be notified at least two (2) days prior to the intention tocommence building works, in accordance with Section 81A (2)(c) of the Actand Form 7 of Schedule 1 to the Regulations.

4. The applicant may apply to the Council or an accredited certifier for the issuing ofa Construction Certificate and to Council or an accredited certifier to monitorcompliance with the approval and issue any relevant documentary evidence orcertificate/s.


5. The applicant is advised that the Construction Certificate plans andspecifications must comply with the provisions of the Building Code of Australia.

Sue Weatherley Peter WalkerGroup Manager Environmental Planning Snr Environmental Assessment Officer

CITY OF RYDE



COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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CITY OF RYDE


ITEM 10 (Continued)

CITY OF RYDE


ITEM 11

66 SHEPHERD STREET, RYDE. LOT: 1 DP: 179748. Local DevelopmentApplication for subdivision of a residential lot into two separate allotments underTorrens title (proposed lot A & B), demolition and construction of a two storeydwelling on lot A (LDA No. 568/2004) and an application for construction of atwo storey dwelling on proposed lot B (LDA No. 584/2004). Applicant: MGBDevelopments Pty Ltd.


FILE NO: LDA04/568 and FILE NO: LDA04/584

EXECUTIVE SUMMARY

This report considers an application for subdivision of a residential lot into two separatelots (proposed lot A & B), demolition and construction of a two storey dwelling on lot Aand a separate application for construction of a two storey dwelling on lot B. The twoapplications have been considered in conjunction with each other due to theirinterdependence.

The site is a regular shaped allotment with an area of approximately 1345m2. Theproposed lot A will have direct frontage to Shepherd Street and proposed lot B will be abattle-axe shaped allotment with a 3.0m wide access handle from Shepherd Street.Details of the proposed lots are as follows:

• Lot A - 580m2

• Lot B – 689.32m2 plus access handle of 76.35m2 (battle axe shape)

The proposal does not comply with the planning provisions relating to the minimum lotsize under the Ryde Planning Scheme Ordinance (RPSO). The applicant hassubmitted an objection under the terms of State Environmental Planning Policy No.1 -Development Standards (SEPP 1). The objection seeks to justify the variation on thegrounds that a satisfactory scale of development can be accommodated on theproposed lots without adversely affecting the amenity of the adjoining properties.

Despite the variation, the proposed subdivision meets the underlying objectives of thedevelopment standard specified under the RPSO and the Subdivision Code. Theapplicant has also demonstrated that the proposed lots provide sufficient area for adwelling house, private courtyard and associated car parking required underCouncil’s Dwelling House and Duplex Buildings DCP. The proposed 2 dwellings onLots A and B comply with the DCP.

CITY OF RYDE


ITEM 11 (Continued)

In the circumstances, Council must consider the application in light of the issuesraised in the SEPP 1 objection and determine whether the SEPP 1 objection is wellfounded.

One submission has been received.

It is recommended that the application be approved.

Reason for Referral to Development Committee: Non-compliance with RPSO,submission received.


Address : 66 Shepherd Street, Ryde

Site : Area 1349m2

Frontage 26 metresDepth 52.293 metres

Topography andVegetation : Approximately 2m slope across the property to the

western corner. A Jacaranda tree exists on the site nextto the street.

Existing Buildings : Single storey dwelling

PLANNING CONTROLS:

Zoning : Residential 'A'Other : Ryde Planning Scheme Ordinance

Dwelling Houses and Duplex Buildings DCPStormwater Management DCPSection 94 Contributions Plan – 2001Energy Smart, Water Wise DCP.Waste Minimisation and Management DCPSubdivision Code

DEVELOPMENT PROPOSAL SUMMARY:

• Subdivision into 2 lots• Demolition• Erection of 2 storey dwellings on each lot.

CITY OF RYDE


ITEM 11 (Continued)

PROPOSAL:

Subdivision

Subdivision of residential lot with a site area of 1 349m2 into 2 residential lots underTorrens title. The proposed allotments will have the following characteristics:

Lot A:• Area of 580m2

• 22.787m frontage to Shepherd Street.• Regular shaped allotment.

Lot B:• Area of 689m2 excluding the access handle• Battle axed shaped allotment with 3.0m wide access corridor and frontage to

Shepherd Street.• A 3m wide driveway from Shepherd Street is to provide access to the

proposed lot.

Demolition

The site contains an old style brick dwelling, which would need to be demolished tomake way for the proposed development.

Construction of dwelling houses

Two storey dwellings are proposed on the resultant lots A & B.

HISTORY:

1. A Pre-lodgment meeting was held on 30 August 2002. It was proposed that the lotat the front would be 533m2 and the rear lot would be 739m2. The proposal did notcomply with the requirements under the Ryde Planning Scheme Ordinancebecause of insufficient area of the lots.

2. The applicant was advised to consider modifying the proposal so that the frontallotment complied with the minimum lot size requirement (580m2) as this wouldallow for better courtyard amenity given the dwelling that is being proposed. Forthe non-compliance of the rear lot, it should be demonstrated that a reasonablesized dwelling could be accommodated on the site without affecting the amenity ofthe neighbourhood. A SEPP 1 objection must support any such application.

CITY OF RYDE


ITEM 11 (Continued)

3. The current development application has incorporated the pre-lodgment adviceand is accompanied with a SEPP 1 Objection.

REFERRALS:

Development Engineer, 12 October 2004: From an engineering perspective thereare no objections to the approval of this application subject to the recommendedconditions of consent.



1. Relevant Provisions of Environmental Planning Instruments:

(a) Relevant State Environmental Planning Policies

State Environmental Planning Policy No.1

This policy provides flexibility in the application of development standards withinPlanning Instruments, in circumstances where strict compliance would beunreasonable or unnecessary or tend to hinder the attainment of the objectsspecified under Section 5(a)(1) and (II) of the Act.

Clause 6 of SEPP No 1 incorporates the mechanism for making of a SEPP 1Objection and provides as follows:

Where development could, but for any development standard, be carried outunder the Act, the person intending to carry out that development may make adevelopment application in respect of that development, supported by writtenobjection that the development standard is unreasonable or unnecessary in thecircumstances of the case, and specify the grounds of that objection.

A SEPP 1 Objection has been submitted as discussed under Section 1(b) of thisreport.

CITY OF RYDE


ITEM 11 (Continued)

(b) Ryde Planning Scheme Ordinance.

ZoningThe site is zoned Residential 2(A). The subdivision of the site, demolition anderection of a dwelling house is permissible with the consent of Council.

Mandatory RequirementsClause 41B(2) (a) and (b) of the Ryde Planning Scheme Ordinance state that:

(I) each allotment (other than a hatchet-shaped allotment) proposed to becreated by the subdivision has -(i) an area of not less than 580 square metres;(ii) frontage to a public road of not less than 10 metres; and(iii) a width of not less than 15 metres at a distance of 7.5 metres from the

alignment of the public road; and(II) each hatchet-shaped allotment proposed to be created by the subdivision

has:(i) an area of not less than 740 square metres (excluding the area of any

access corridor and of any part of the allotment that is intended to be usedfor the provision of access to other allotments);

(ii) frontage to a public road of not less than 3 metres; and(iii) an access corridor that has a width of not less than 3 metres throughout

the whole of its length.

The numerical requirement of subdivision when compared with the proposal issummarised in the table below:

COUNCIL’S RPSO: PROPOSED: COMPLIANCE:Minimum site Area:Regular lot = 580m2

Hatchet shaped = 740m2Lot A: 580m2(regular lot)Lot B: 689.32m2(hatchetshape)

YesNo1 (by 6.8%)

Frontage to a public road:Regular shape: 10mHatchet shape: 3m

Lot 1: 22.787mLot 2: 3m

YesYes

Width of allotment:15m (regular shaped lot)Width of access corridor3.0m (Hatchet shaped lot)

Lot 1: 22.787mLot 2: 3.0m

YesYes

The proposed subdivision does not comply with the minimum site area. The variationis discussed below.

CITY OF RYDE


ITEM 11 (Continued)

Variation

1 Minimum Area - SEPP 1 Objection

The proposed lot B does not comply with the minimum area requirement prescribedunder Clause 41B of the RPSO. The applicant has submitted a SEPP No.1Objection with justification as to why the strict compliance with the standard wouldbe unreasonable or unnecessary in this instance.

Objectives of the standardAlthough there is no mention in the RPSO of the purpose for the standard, theunderlying reason for the standard is to:• Provide sufficient area for construction of future buildings with adequate aspect

and outlook, private outdoor living areas while conforming with the establishedbuilding character of the locality.

• Provide within hatchet-shaped allotments sufficient area to permit vehicles toenter and leave the site in a forward direction while providing adequate area fora reasonable size of dwelling and associated private open space.

Achievement of the ObjectivesProposed lot B is 689.32m2 (excluding the access handle of 76.35m2), which is50.68m2 short of the minimum 740m2 requirement.

The following argument is put in favour of the proposal despite its non-compliancewith the minimum area requirement:• The existing lot is largest in the street block with a width of 25.894m compared

to 12.885m width of the adjoining property and site area of 1349m2 comparedto 670m2. Allowing the variation to the standard would promote the orderlyand economic use and development of the land which otherwise would not bepossible. This is in accordance with the objects of Section 5(a)(i) and (ii) of theEnvironmental Planning and Assessment Act, 1979.

• The proposed lot provides adequate area (689.32m2), width (25.89m) anddepth (26.55m) to create adequate aspect and outlook for the size and scaleof the building proposed on the site.

• The size of the dwelling proposed on the battle-axe lot represents a floorspace ratio of only 0.44:1, which is 6% smaller than the maximum permittedon the lot.

• The non-compliance occurs by 6.8% and will not be discernible from anypublic place.

CITY OF RYDE


ITEM 11 (Continued)

• Adequate provision for car parking and vehicular turning area can beprovided on the site complying with the Australian Standards. This has beendemonstrated on the site plan for the proposed dwelling on the lot submittedin support of the application.

• Sufficient private open space can be provided on the site to provide highlevel of amenity to the future residences.

• The lot has a 25.89m width, which is 72% wider then the minimum widthrequired for conventional lots.

• The proposed lot has a depth of approximately 26.55m, which will enablesufficient area for the building footprint after allowing for the building setback.

• Site is large enough to accommodate a reasonable size dwelling housewithout adversely impacting on the streetscape and amenity of theneighbourhood.

• The lot sizes and the subdivision pattern within the locality are notinconsistent with the proposed subdivision.

• A 3m wide street frontage and access corridor is provided with sufficientspace for car manoeuvring.

• Adequate infrastructure services are capable of being connected to the site.• The applicant will provide monetary contribution required under Section 94

Contributions Plan for the increased demand imposed on the open spaceand drainage services.

In this instance the SEPP 1 objection is well founded and could be supported byCouncil.

(c) Relevant draft LEPs.

There are no draft instruments that affect the proposed works or the subject site.

(d) Relevant Development Control Plan/Council Code against whichdevelopment has been assessed:

Subdivision Code.

The Code constitutes Council’s policy in respect to the subdivision of land withinthe City of Ryde.

Clause 4.5 of the Code allows for justifiable variations to be approved throughconsideration of SEPP 1 objection.

Generally the development standards contained in the RPSO are repeated in theCode. However, the objectives of the Code are as follows:

CITY OF RYDE


ITEM 11 (Continued)

• To preserve the amenity of residential areas by ensuring thatsubdivisions conform with the established pattern in the locality

• To provide minimum site requirements which will result in adequateaspect and outlook for buildings to be erected on the land.

• To provide sufficient area for the erection of buildings which conformwith current building design and established building character of thelocality and provide sufficient private outdoor living areas for theresidents of those buildings.

• To provide within the hatchet-shaped allotments sufficient area to permitvehicles to enter and leave those sites in a forward direction.

• To optimise public accessibility, both vehicular and pedestrian within theneighbourhood.

• To ensure that adequate provision is made for public services andamenities for the future residents of the locality.

The proposed subdivision would not be inconsistent with the general subdivisionpattern of the locality and the underlying purpose of the policy.

Dwelling Houses and Duplex Buildings Development Control Plan

The proposal complies with the numerical standards under the DCP as illustratedby the table below.

Dwelling on proposed Lot A

Council's Code Proposed Compliance

Minimum Allotment Size580m2 580m2 YesFloor Space Ratio290m2 or 0.5:1 Ground: 187.8m2

First: 132.6m2

Less garage: 35.00m2

TOTAL: 285.4m2 0.49:1

Yes

SetbacksFrontSame as adjoining building ifthe difference is < 2m.

7.5m Yes

SidesNorth: 1500mm

South: 900mm (single) Rear: 900mm

1500mm1105mm3700mm – 8200mm

YesYesYes

CITY OF RYDE


ITEM 11 (Continued)


Height7m (NGL to topmost ceiling)9m (NGL to top of Ridge)Maximum 2 storey

6.5m8.0m2 Storey

YesYesYes

Site Coverage2 storey element withinEstablished Building Zone

Within the EBZ Yes

OvershadowingSunlight to min 50% ofprivate open space to be > 2hours in winter.

More than 3 hours of sunlightavailable to the principal areasof adjoining building.

Yes

Parking2 car space/ dwelling 2 spaces as garage Yes

Dwelling on proposed Lot B (Battle axe lot)


Minimum Allotment Size740m2 689m2 No (See 1(b))

SEPP 1Floor Space Ratio344.5m2 or 0.5:1 Ground: 196.5m2

First: 142.7m2

Less Garage 35m2

TOTAL: 304.2m2 0.44:1

Yes

SetbacksFrontSame as adjoining building ifthe difference is < 2m.

7.0m Yes

SidesNorth: 1500mm South: 900mm (single) Rear: 900mm

1500mm3500mm3700mm – 8200mm

YesYesYes

CITY OF RYDE


ITEM 11 (Continued)


Height7m (NGL to topmost ceiling)9m (NGL to top of Ridge)Maximum 2 storey

6.8m8.6m2 Storey

YesYesYes

Site Coverage2 storey element withinEstablished Building Zone

Battle axe lots cannot conformto Established Building Zone.However, the proposeddwelling does not adverselyaffect the adjoining dwelling byway of overshadowing orprivacy.

Yes

OvershadowingSunlight to min 50% ofprivate open space to be > 2hours in winter.

More than 3 hours of sunlightavailable to the principal areasof adjoining building.

Yes

Parking2 car space/ dwelling 2 spaces in garage Yes

Other Objectives under the DCP

(i) Streetscape

The proposal will have a minimal impact on the streetscape, due to the frontsetback being generally consistent with the adjoining building and sufficientarticulation of the walls facing the street. Gable roof features are added to theroof to improve the roof form and to break the bulk. Sufficient windows areprovided in the front to improve the street presentation. The garages have beenintegrated with the main building and will not dominate the streetscape. Theexisting site characteristics have been taken into consideration in designing thetwo houses.

The dwelling on the rear lot will not be readily visible from the street. While thedesign of the two houses is similar, the choice of face brick and roof colour aredifferent for each house. The proposed dwellings will be consistent withadjoining and surrounding developments and consequently, will not createadverse impact on the streetscape. The front yard will be adequatelylandscaped.

CITY OF RYDE


ITEM 11 (Continued)

(ii) Bulk and Scale

The floor space ratio (FSR) for this proposal is calculated to be 0.49:1 for thefront lot and 0.44:1 for the rear lot, which is below the Council’s maximum FSRof 0.5:1. The bulk and scale of the building meets the performance criteria underthe DCP. The overall height complies with the DCP, 8.6m at the highest point.The two-storey element of the proposal on the front lot is within the establishedbuilding zone and does not adversely affect adjoining properties due to visualimpact, or loss of privacy/overshadowing. The design and orientation of the rearbuilding will not impede or affect the existing visual amenity, privacy orovershadowing of the adjoining property significantly. Adequate vehiclemovement for both occupants and visitors has been provided.

(iii) Privacy

The proposal will not compromise the privacy of surrounding and adjoiningdevelopments, as there will be no direct overlooking of main internal livingareas. Adequate setback is proposed in accordance with the requirements of theDCP. The first floor mostly consists of bedrooms, which will mainly be occupiedin the night. A TV room on the first floor room is located in the central part of thelot with single external window. The adjoining residents have raised no issue inthis regard. The family rooms are proposed at the ground floor level and will nothave direct impact on the neighbours’ privacy.

(iv) Car Parking

The proposed development provides car parking spaces in the form of two (2)garages for each dwelling. The proposal complies with the 2-space per dwellingrequirement of the Dwelling House and Duplex Development Control Plan.

(v) Open Space and Landscaping.

The proposal provides substantial private open space on the site. Private yardexists at the rear of each dwelling. The frontages will be landscaped to softenand improve the visual impact of the proposal. Landscaping is proposed inaccordance with the Landscape Plan submitted. There is only one tree on thesite, which will be retained.

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ITEM 11 (Continued)

(vi) Water and Soil Management

The proposal is to be drained to the street via an on-site-detention tank to anappropriate point of discharge in accordance with the Stormwater ManagementDCP.

The proposed development is considered satisfactory; having regard to the DwellingHouse and Duplex Development Control Plan with respect to streetscape, bulk andscale, privacy, car parking, open space and landscaping, and water and soilmanagement.

Waste Management and Minimisation DCP

The aim of the DCP is to improve project management to maximise reuse andrecycling of materials and minimise disposal and waste generation to landfill.

A Waste Management Plan has been submitted with the application in accordancewith the requirements of the DCP and is considered satisfactory.

Energy Smart - Water Wise DCP

The proposal has been designed on the principles of energy efficiency. Certificationhas been obtained from an Accredited NSW HER Assessor and the proposedbuilding has achieved a 5 Star rating. Ceiling insulation and water efficient fixturesare recommended (see Recommendation (a) - condition 37 - 40 andRecommendation (b) – condition 34 - 37).

Section 94 Contribution Plan No. 1 (2001)

Council’s Section 94 Contribution Plan requires a contribution for the provision ofadditional allotments with the potential of accommodating a dwelling house, therebyincreasing the future population within the area.

Council’s Section 94 Contribution Plan requires a contribution for the provision ofadditional local open space as a result of the development.

The Plan describes the manner in which Council determines and administerscontributions paid in lieu of public services and amenities. The monetary contributionis charged as follows for the additional lot:

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ITEM 11 (Continued)

A BPublic Space $ 9 946.00Stormwater Drainage $ 1 977.00Administration $ 106.00

The total contribution is $12 029.00

Condition number 19 has been recommended to ensure payment is received prior tothe issue of Construction Certificate.


Built Environment

Subdivision

The proposed subdivision, if approved, will create an additional residential lotallowing a new dwelling house to be erected on the lot. Approval for the dwellinghouse is sought simultaneously via the current application and LDA 584/2004. Areasonable sized building can be constructed on both allotments withoutcompromising the bulk, scale and impact on the streetscape. The proposedsubdivision and the construction of the proposed dwellings are consideredsatisfactory for approval.

Demolition

The existing building is proposed for demolition to make way for the new dwelling.The proposed demolition will not adversely affect the streetscape, as a replacementbuilding will be erected.

New Dwellings

The proposed development involving the construction of a two storey dwelling oneach lot will not have any significant adverse impacts on the existing builtenvironment or the amenity of the surrounding area for the following reasons:• The new dwelling and associated landscaping will enhance the streetscape• The proposed dwelling is a two storey dwelling which generally complies with the

requirements of the Dwelling Houses and Duplex Buildings DCP.• The orientation, building setback, design of the façade and detailing have been

selected to make the proposed dwelling compatible with the streetscape.• The garages are integrated with the main dwellings.

CITY OF RYDE


ITEM 11 (Continued)

The building has been designed taking into consideration the topography andorientation of the allotment. The bulk of the building has been spread with varied frontfaçade and roof articulation.

The proposed development will not significantly overshadow the adjoining properties.Shadow analysis has indicated that the adjoining affected property will get access tosunlight in excess of three hours per day in winter. There would be adequatesunlight to the main area of ground level private open space of adjacent propertiesfor more than three hours. The availability of sunlight in this case is consideredsatisfactory.

The proposal is considered satisfactory.

Natural Environment

The subdivision will not result in any adverse impact on the existing vegetation on thesite. An existing Jacaranda tree will be retained in the front yard. The remaining treesproposed for removal are smaller sized Citrus and Jacaranda. No issues are raisedas adequate planting and landscaping will be carried out.


The site is not classified as a heritage item or subject to any natural constraints such asflooding or subsidence. The proposal is considered to be suitable for the site in terms ofthe impact on both the existing natural and built environments.

4 Any submissions received

The proposal was notified and advertised in accordance with Council’s Notification ofDevelopment Control Plan for a 14 day period ending on 23 July 2004. During thisperiod one submission was received. The submission is discussed later in the report.


No referrals were required to Public Authorities in this instance

SUBMISSIONS:

During the notification period 1 submission was received from the resident of 66Shepherd Street, Ryde. The issues raised were;

CITY OF RYDE


ITEM 11 (Continued)

i) Number 66 Shepherd Street is located on the lower side of the site. Retainingwalls have been implemented on other boundaries but seems to have beenomitted from the boundary adjoining my property. Without a retaining wallincluded, there may be problems in the future with an embankment formed underthe fence making it unsightly and affecting my driveway. My driveway runs alongthe adjoining driveway but is much lower than the adjoining driveway. As I am notable to raise my driveway, a retaining wall may provide the solution.

Officer’s CommentsThe applicant has amended the plans to provide a retaining wall along thecommon boundary as shown on drawing no. DA01.

There are no other issues that require resolution.

CONCLUSION:

The proposed subdivision substantially complies with the objectives of theSubdivision Code and the intent of the subdivision standard contained in the RPSOexcept for the non-compliance with the numerical standard regulating the minimumlot size. The proposed variation is less than 7%. The proposed variation has beenadequately justified under the terms of SEPP 1 Objection. The non-compliance withthe minimum site area would not adversely impact on the adjoining properties.Additionally the intent of the relevant standard can be satisfactorily met asdemonstrated by the proposed dwellings on both the lots.

RECOMMENDATION:

(a) That Local Development Application No. 568/2004 for the subdivision, demolitionand erection of two storey dwelling on proposed Lot A, and Local DevelopmentApplication No. 584/2004 for the erection of new two storey dwelling on proposed lot Bat 66 Shepherd Street RYDE being LOT: 1 DP: 179748 be approved as follows:

(i) That Local Development Application No. 568/2004 at 66 Shepherd Street,Ryde, being LOT: 1 DP: 179748 be approved subject to the followingconditions:

CITY OF RYDE


ITEM 11 (Continued)

1. Development is to be carried out substantially in accordance with the ApprovedPlan Nos: DA01, DA02, DA03, 11426/1 Sheet 1, 11426/1 Sheet 2, 11426/1 Sheet3, Landscape Plan 773_03 and support information submitted to Council with theapplication for approval being:-

a) Waste Management Planb) Colour schemec) Statement of Environmental Effects.

2. All building works are to be carried out in accordance with the provisions of theBuilding Code of Australia.

3. Landscaping of the site is to be carried out in accordance with thelandscape/concept plan submitted with the development application.

4. Documentary evidence of compliance with Condition 3 to the satisfaction ofCouncil or an accredited certifier is to be obtained from a qualified landscapearchitect or landscape consultant.

i) Documentary evidence of tree protection measures is to be submittedto the Council prior to the issuing of the Construction Certificate.

ii) Documentary evidence of tree retention and landscape planting andconstruction in accordance with the approved plan and specified itemsis to be submitted to the Council prior to occupation of the building.

5. The following mandatory inspections are to be complied with in the case of aClass 1 or 10 building:i) at the commencement of the building workii) after excavation for, and prior to the placement of, any footingsiii) prior to pouring any in-situ reinforced concrete building elementiv) prior to covering of the framework for any floor, wall, roof or other building

elementv) prior to covering waterproofing in any wet areasvi) prior to covering any stormwater drainage connectionsvii) after the building work has been completed and prior to any occupation



CITY OF RYDE


ITEM 11 (Continued)


6. In addition to the abovestated inspections, Council or an accredited certifier isrequired to ensure that adequate provisions are made for the following measuresat each stage of construction, to ensure compliance with the approval andCouncil’s Development Control Plan 42 for “Construction Activities”:-




9. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council, if Council is not the PCA) that the method ofwaterproofing wet areas has been provided in accordance with Part 3.8.1 of theBuilding Code of Australia and the requirements of the Australian Standard 3740prior to wall tiling.

10. A Registered Surveyors check survey certificate, or compliance certificate, is tobe submitted to the Principal Certifying Authority (and Council, if Council is not thePCA) detailing compliance with Council’s approval at the following stages:-

a) After excavation work for the footings, but prior to pouring of concrete, showingthe area of the land, proposed building and boundary setbacks

b) On completion of the proposed building showing the area of the land,completed building and the boundary setbacks

CITY OF RYDE


ITEM 11 (Continued)

11. The applicant is to submit to and have approved by Council or an accreditedcertifier engineers details for all concrete work and structural steelwork prior to theissue of the Construction Certificate.

12. Treads, risers and balustrades to comply with the Building Code of Australia Part3.9.1 and Part 3.9.2. Balustrading is to be a minimum 1.0 metres high and anyopenings are not to exceed 125mm.

13. The swinging of doors to the sanitary compartments to comply with Part 3.8.3.3 ofthe Housing Provisions of the Building Code of Australia.

14. A security deposit is to be paid to Council (Public Facilities and Services Group) inaccordance with the requirements of Council’s Management Plan (scheduledfees) being a deposit of $1000.00 as well as the infrastructure inspection fee of$108.00.

15. A demolition deposit is to be paid to Council (Public Facilities and Services Group)in accordance with the requirements of Council’s Management Plan (scheduledfees) being a deposit of $3000.00

16. Enforcement levy is to be paid to Council on lodgment of the ConstructionCertificate application in accordance with the requirements of Council’sManagement Plan (scheduled fees).


18. The applicant is to apply to Council, pay the required fee of $160.00, and haveissued street alignment levels by Council prior to the issue of the ConstructionCertificate.

19. A contribution for the services in Column A and for the amount in Column B shallbe made to Council prior to the issue of the Construction Certificate.

A BPublic Space 9 946.00Stormwater Drainage 1 977.00Administration 106.00

The total contribution is $12 029.00

CITY OF RYDE


ITEM 11 (Continued)

This contribution is a contribution under the provisions of Section 94 of theEnvironmental Planning and Assessment Act, 1979 as specified in Section 94Contribution Plan No. 1 (2003 Amendment) adopted by City of Ryde on19/8/2003.

20. The above amount, if not paid within one calendar year of the date of thisconsent, shall be adjusted for inflation by reference to the Consumer Price Indexpublished by the Australian Bureau of Statistics (Catalogue No 5206.0) on anannual basis in accordance until such time as the contribution is paid.

21. Documentary evidence of compliance with Conditions 14, 15, 16, 17 and 18 and19 to the satisfaction of Council or an accredited certifier is to be submitted to theCouncil prior to the issuing of the Construction Certificate.

22. Sediment control works are to be installed and maintained in accordance withCouncil’s Development Control Plan 42 - Construction Activities. The sedimentcontrol devices are to be installed prior to any earthworks commencing on site.These devices shall be maintained during the demolition period and replacedwhere considered necessary.

23. All construction and associated work is to be restricted to between the hours of7.00am and 7.00pm Mondays to Fridays and between 8.00am and 4.00pm onSaturday. No work is to be carried out on Sunday or Public Holidays.

24. Site toilets shall be provided in accordance with the WorkCover Code of Practiceentitled “Amenities for Construction Work”.


26. The L10 noise level measured for a period of not less than 15 minutes whiledemolition and construction work is in progress must not exceed the backgroundnoise level by more than 20 dB(A) at the nearest affected residential premises.

27. During the demolition process, no machinery, sheds or equipment is to be parkedor stored on the nature strip.

28. In relation to demolition, all work is to be carried out in accordance with therequirements of AS2601.1991 (The Demolition of Structures).

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ITEM 11 (Continued)

29. Sediment control works are to be installed and maintained in accordance withCouncil’s Development Control Plan for Engineering Standards DevelopmentCriteria Section 5 Construction Activities.

30. Security fencing shall be provided around the perimeter of the building/demolitionsite and precautionary measures taken to prevent unauthorized entries of the siteat all times during demolition and construction.

31. Signage is to be provided on the site as follows:-a) During the demolition process notices lettered in accordance with AS1319

displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similarmessage shall be fixed to the security fencing at appropriate places to warnthe public.

b) During the entire construction phase signage shall be fixed on site identifyingthe PCA and principal contractor (the coordinator of the building work), andproviding phone numbers.

32. Adequate precautions must be taken to control the emission of dust from the siteduring demolition and construction work. These precautions could includeminimizing soil disturbance, use of water sprays, erecting screens and notcarrying out dusty work during windy conditions.

33. The demolition and disposal of asbestos containing materials (eg. Fibro) must becarried out in accordance with WorkCover Authority guidelines.

34. All demolition wastes must be assessed and classified in accordance with theEnvironmental Guidelines: Assessment, Clarification & Management of Liquid &Non Liquid Wastes (EPA, 1999) before wastes are transported from the site.

35. Adequate arrangements must be made for the storage and disposal of demolitionand building waste generated on the premises. In this regard the demolishers andbuilders are encouraged to maximize the re-use and recycling of materials (eg.Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separatingthese materials from other wastes.

CITY OF RYDE


ITEM 11 (Continued)

36. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent orCustomer Centre to determine whether the development will affect SydneyWater’s sewer and water mains, stormwater drains and/or easements, and iffurther requirements need to be met. The approved plans will be appropriatelystamped. For Quick Check agent details please refer to “Your Business” sectionof Sydney Water’s web site at www.sydneywater.com.au then see Building &Renovating under the heading Building & Development, or telephone 13 20 92.

The consent authority or a private accredited certifier must ensure that a QuickCheck agent/Sydney Water has appropriately stamped the plans before theissue of any Construction Certificate.

37. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must beobtained. Application must be made through an authorised Water ServicingCoordinator. Please refer to “Your Business” section of Sydney Water’sweb site at www.sydneywater.com.au then follow the “e-Developer” icon ortelephone 13 20 92.

Following application a “Notice of Requirements” will advise of water and sewerextensions to be built and charges to be paid. Please make early contact with theCoordinator, since building of water/sewer extensions can be time consuming andmay impact on other services and building, driveway or landscape design.

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

The Section 73 Certificate must be submitted to the Principal Certifying Authorityprior to release of the linen plan/occupation of the development.

38. Proposed dwelling must achieve a minimum 3.5 Star NatHERS energy rating ofinternal thermal comfort.

39. Any hot water systems installed as part of the development must achieve aminimum 3.5 Star Greenhouse Score. The energy rating of the hot water systemshould be visible on the product at the place of purchase.

40. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roofinsulation must be rated R3.0 or equivalent and wall insulation must have an R1.5or equivalent rating. Insulation of brick cavity walls is not required.

http://www.sydneywater.com.au/

http://www.sydneywater.com.au/customer/urban/index

CITY OF RYDE


ITEM 11 (Continued)

41. Water Efficient Fixtures - Showerheads and toilet cisterns shall be at least AAArated water efficient. Bathroom and kitchen taps shall be fitted with aerators andwater closets shall have a dual flush cistern.











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ITEM 11 (Continued)


supervision of all the work nominated in (a) above.c) I have carried out all tests and inspections necessary to declare that the work

nominated in (a) above has been carried out in accordance with the approvedplans, specifications, and the conditions of the development consent.


Engineering Conditions to be complied with Prior To Construction Certificate

46. Driveway Grades The maximum grade of all internal driveways and vehicularramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 and anytransition grades shall have a minimum length of 2.5m. The driveway design is toincorporate Council’s issued footpath and gutter crossing levels where they arerequired as a condition of consent. A driveway plan, longitudinal section from thecentreline of the public road to the garage floor, and any necessary cross-sectionsclearly demonstrating that the driveway complies with the above details, and thatvehicles may safely manoeuvre within the site without scraping.

47. Drainage Plans. Plans of the proposed drainage system, including the on-sitedetention system and details addressing any overland flow from upslope propertiesin accordance with Council’s Stormwater Management Development Control Plan,“DCP 41”, are to be prepared by a suitably qualified and experienced engineer. Theengineer is to prepare a certification stating that the landscaping plans have beenchecked in conjunction with the drainage plans and are compatible. The drainageplans and certification are to be submitted to and approved by Ryde CityCouncil prior to issuing of the Construction Certificate.

Any drainage pit within a road reserve, a Council easement, or that may be placedunder Councils’ control in the future, shall be constructed of caste in situ concrete.Details are to be submitted with the Construction Certificate application plans.

The proposed drainage pit within the road is to be designed and constructed toCouncil's requirements. The design details are to be approved by Council. The pitconstruction is to be supervised by Councils engineer and is to be completed toCouncil's requirements.

CITY OF RYDE


ITEM 11 (Continued)

48. On-Site Stormwater Detention Stormwater runoff from all impervious areas shallbe collected and piped by gravity flow to a suitable on-site detention system inaccordance with Ryde City Council’s Stormwater Management DevelopmentControl Plan “DCP 41”. The minimum capacity of the piped drainage system shallbe equivalent to the collected runoff from a 20 year average recurrence intervalstorm event. Overland flow paths are to be provided to convey runoff when thecapacity of the piped drainage system is exceeded up to the 100 year averagerecurrence interval and direct this to the on-site detention system. Runoff whichenters the site from upstream properties should not be redirected in a manner whichadversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flowrates at anypoint within the downstream drainage system do not increase as a result of thedevelopment during storms from the 5 year to the 100 year average recurrenceinterval of all durations. Outflow from the basin shall be piped to a point of dischargein accordance with Councils Stormwater Management Development Control Plan“DCP 41”.

The system is to be cleaned regularly and maintained to the satisfaction of RydeCity Council.

49. Road Opening Permit. The applicant shall apply for a road opening permitwhere a new pipeline is proposed to be constructed within or across the footpath.No drainage work shall be carried out on the footpath without this permit beingpaid and a copy kept on the site.



(a) Existing and final contours(b) The location of all earthworks, including roads, areas of cut and fill(c) Location of all impervious areas

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ITEM 11 (Continued)

(d) Location and design criteria of erosion and sediment controlstructures,

(e) Location and description of existing vegetation(f) Site access point/s and means of limiting material leaving the site(g) Location of proposed vegetated buffer strips(h) Location of critical areas (drainage lines, water bodies and unstable




51. Sediment and Erosion Control. The applicant shall install appropriate sedimentcontrol devices in accordance with an approved plan prior to any earthworks beingcarried out on the site. These devices shall be maintained during the constructionperiod and replaced where considered necessary. Suitable erosion controlmanagement procedures shall be practiced. This condition is imposed in order toprotect downstream properties, Council's drainage system and naturalwatercourses from sediment build-up transferred by stormwater runoff from the site.



53. Compliance Certificates – Engineering. Compliance Certificates must beobtained for the following (If Council is appointed the Principal Certifying Authority[PCA] then the appropriate inspection fee is to be paid to Council) and submittedto the PCA:• Confirming that all vehicular footway and gutter (layback) crossings are

constructed in accordance with the construction plan requirements and RydeCity Council’s Environmental Standards Development Criteria - 1999.

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ITEM 11 (Continued)

• Confirming that the constructed driveway is constructed in accordance with theconstruction plan requirements and Ryde City Council’s EnvironmentalStandards Development Criteria - 1999.


54. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructedat all locations where vehicles cross the footpath, to protect it from damageresulting from the vehicle traffic. The location, design and construction shallconform to the requirements of Council. Crossings are to be constructed in plainreinforced concrete and finished levels shall conform with property alignmentlevels issued by Council’s Engineering Services Division. Kerbs shall not bereturned to the alignment line. Bridge and pipe crossings will not be permitted.


56. Work-as-Executed Plan. A Work-as-Executed plan signed by a RegisteredSurveyor clearly showing the surveyor’s name and the date, the stormwaterdrainage, including the on-site stormwater detention system if one has beenconstructed and finished ground levels is to be submitted to the PrincipalCertifying Authority (PCA) and to Ryde City Council if Council is not thenominated PCA. If there are proposed interallotment drainage easements on thesubject property, a Certificate from a Registered Surveyor is to be submittedto the PCA certifying that the subject drainage line/s and pits servicing those lineslie wholly within the proposed easements.

57. On-Site Stormwater Detention System - Marker Plate. Each on-site detentionsystem basin shall be indicated on the site by fixing a marker plate. This plate is tobe of minimum size: 100mm x 75mm and is to be made from non-corrosive metalor 4mm thick laminated plastic. It is to be fixed in a prominent position to thenearest concrete or permanent surface or access grate. The wording on themarker plate is described in Council’s Stormwater Management DCP. Anapproved plate may be purchased from Council's Customer Service Centre onpresentation of a completed City of Ryde OSD certification form.

58. Drainage Construction. The stormwater drainage on the site is to beconstructed generally in accordance with plan 20293 DA01 and DA02 preparedby Fedele Design and Drafting.

CITY OF RYDE


ITEM 11 (Continued)

Engineering Conditions to be complied with Prior to Subdivision Certificate

59. Positive Covenant. The creation of a Positive Covenant under Section 88E ofthe Conveyancing Act 1919, burdening the property with the requirement tomaintain the stormwater detention system on the property. The terms of theinstruments are to be generally in accordance with the Council's "draft terms ofSection 88B instrument for Maintenance of Stormwater Detention Systems" andto the satisfaction of Council.

60. 88B Instrument. The submission of an instrument under Section 88B of theConveyancing Act 1919 plus 2 copies, creating any Easements PositiveCovenants and restrictions on use, the Ryde City being the authority empoweredto release vary or modify the same

61. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5copies suitable for endorsement by the General Manager pursuant to Section 327of the Local Government Act.

62. Certification Documents. The submission of all certification as required underLocal Development Consent 584/2004 prior to the release of the SubdivisionCertificate.

63. Certification of Building Works. If Council is not the PCA then certification thatall building works as detailed in Local Development Consent No 584/2004 havebeen completed in accordance with that consent is to be submitted with theapplication for the Subdivision Certificate.

64. On-site Stormwater Detention Certification. The submission of certification bya suitably qualified Civil Engineer for the on-site stormwater detention system,attesting the storage volume, discharge rate and satisfactory operation of thesystem prior to the release of the Subdivision Certificate.

ADVISORY CONDITIONS

1. Compliance with Building Code of Australia1) All building work (other than work relating to the temporary building) must be

carried out in accordance with the requirements of the Building Code ofAustralia (as in force on the date of the application for the relevantconstruction certificate or complying development certificate was made)


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ITEM 11 (Continued)


1) Building work that involves residential building work (within the meaning of theHome Building Act 1989) must not be carried out unless the PrincipalCertifying Authority for the development to which the work relates:a) in the case of work to be done under the Act:

i) has been informed in writing of the licensee’s name andcontractor licence number, and

ii) is satisfied that the licensee had complied with the requirementsof Part 6 of the Act; or

b) in the case of work to be done by any other person:i) has been informed in writing of the person's name and owner-

builder permit number; orii) has been given a declaration, signed by the owner of the land,

that states that the reasonable market cost of the labour andmaterials involved in the work is less than the amount prescribedfor the purposes of the definition of “owner builder work” inSection 29 of that Act, and is given appropriate information anddeclarations under paragraphs (a) and (b) wheneverarrangements for the doing of work are changed in such amanner as to render out of date any information or declarationpreviously given under either of those paragraphs.

2) A certificate purporting to be used by an approved insurer under Part 6 of theHome Building Act 1989 that states that a person is the holder of an insurancepolicy issued for the purposes of that Part is, for the purpose of this clause,sufficient evidence that the person has complied with the requirements of thatPart.

3 Excavations and backfilling

1) All excavations and backfill associated with the erection or demolition of abuilding must be executed safely and in accordance with appropriateprofessional standards.

2) All excavations associated with the erection or demolition of a building must beproperly guarded and protected to prevent them from being dangerous to lifeor property.

CITY OF RYDE


ITEM 11 (Continued)

4 Retaining walls and drainage

If the soil conditions require it:a) retaining walls associated with the erection or demolition of a building or



5. Support for neighbouring buildings

If the soil conditions require it:

1) If an excavation associated with the erection or demolition of a buildingextends below the level of the base of the footings of a building on an adjoiningallotment of and, the person causing the excavation to be made:a) must preserve and protect the building from damage, andb) if necessary, must underpin and support the building in an approved

manner, andc) must, at least 7 days before excavating below the level of the base of the




6. Protection of Public Places

1. If the work involved in the erection or demolition of a building:a) is likely to cause pedestrian or vehicular traffic in a public place to be


2. If necessary, an awning is to be erected, sufficient to prevent any substancefrom, or in connection with, the work falling into the public place.

3. The work site must be kept lit between sunset and sunrise if it is likely to behazardous to persons in the public place.

4. Any such hoarding, fence or awning is to be removed when the work has beencompleted.

CITY OF RYDE


ITEM 11 (Continued)



ii) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A (2)(b) of the Actand Form 7 of Schedule 1 to the Regulations.

iii) Council is to be notified at least two (2) days prior to the intention tocommence building works, in accordance with Section 81A (2)(c) of the Actand Form 7 of Schedule 1 to the Regulations.



9. Energy Australia

Underground and overhead electric cables may exist in this area. In your owninterest and for safety, telephone Energy Australia on 13 1525 before excavatingor erecting structures.

10. Telephone Installations

Conduits with draw in wires should be laid in concrete floors to the points wheretelephone services are required. Consult the local Telecommunications SalesOffice for advice.

11. Please note that Council will not release the Construction Certificate unlessdetails of the Home Owners Warranty Insurance or the Owner Builder’s Permithas been submitted.

CITY OF RYDE


ITEM 11 (Continued)

(ii) That Local Development Application No. 584/2004 at 66 ShepherdStreet, Ryde, be approved subject to the following conditions:

1. Development is to be carried out substantially in accordance with the ApprovedPlan Nos: DA01, DA02, DA03, 11426/1 Sheet 1, 11426/1 Sheet 2, 11426/1 Sheet3, Landscape Plan 773_03 and support information submitted to Council with theapplication for approval being:-a) Waste Management Planb) Colour schemec) Statement of Environmental Effects.

2. All building works are to be carried out in accordance with the provisions of theBuilding Code of Australia.

3. Landscaping of the site is to be carried out in accordance with thelandscape/concept plan submitted with the development application.

4. Documentary evidence of compliance with Condition 3 to the satisfaction ofCouncil or an accredited certifier is to be obtained from a qualified landscapearchitect or landscape consultant.

i. Documentary evidence of tree protection measures is to be submitted to theCouncil prior to the issuing of the Construction Certificate.

ii. Documentary evidence of tree retention and landscape planting andconstruction in accordance with the approved plan and specified items is to besubmitted to the Council prior to occupation of the building.

5. The following mandatory inspections are to be complied with in the case of aClass 1 or 10 building:i) at the commencement of the building workii) after excavation for, and prior to the placement of, any footingsiii) prior to pouring any in-situ reinforced concrete building elementiv) prior to covering of the framework for any floor, wall, roof or other building

elementv) prior to covering waterproofing in any wet areasvi) prior to covering any stormwater drainage connectionsvii) after the building work has been completed and prior to any occupation


CITY OF RYDE


ITEM 11 (Continued)



6. In addition to the abovestated inspections, Council or an accredited certifier isrequired to ensure that adequate provisions are made for the following measuresat each stage of construction, to ensure compliance with the approval andCouncil’s Development Control Plan 42 for “Construction Activities”:-




9. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council, if Council is not the PCA) that the method ofwaterproofing wet areas has been provided in accordance with Part 3.8.1 of theBuilding Code of Australia and the requirements of the Australian Standard 3740prior to wall tiling.

CITY OF RYDE


ITEM 11 (Continued)

10. A Registered Surveyors check survey certificate, or compliance certificate, is tobe submitted to the Principal Certifying Authority (and Council, if Council is not thePCA) detailing compliance with Council’s approval at the following stages:-

a) After excavation work for the footings, but prior to pouring of concrete, showingthe area of the land, proposed building and boundary setbacks

b) On completion of the proposed building showing the area of the land,completed building and the boundary setbacks

11. The applicant is to submit to and have approved by Council or an accreditedcertifier engineers details for all concrete work and structural steelwork prior to theissue of the Construction Certificate.

12. Treads, risers and balustrades to comply with the Building Code of Australia Part3.9.1 and Part 3.9.2. Balustrading is to be a minimum 1.0 metres high and anyopenings are not to exceed 125mm.

13. The swinging of doors to the sanitary compartments to comply with Part 3.8.3.3 ofthe Housing Provisions of the Building Code of Australia.

14. A security deposit is to be paid to Council (Public Facilities and Services Group)being a deposit of $1000.00 as well as the infrastructure inspection fee inaccordance with the requirements of Council’s Management Plan (scheduledfees).

15. Enforcement levy is to be paid to Council on lodgment of the ConstructionCertificate application in accordance with the requirements of Council’sManagement Plan (scheduled fees).


17. The applicant is to apply to Council, pay the required fee of $160.00, and haveissued street alignment levels by Council prior to the issue of the ConstructionCertificate.

18. Documentary evidence of compliance with Conditions 14, 15, 16, and 17, to thesatisfaction of Council or an accredited certifier is to be submitted to the Councilprior to the issuing of the Construction Certificate.

CITY OF RYDE


ITEM 11 (Continued)

19. Sediment control works are to be installed and maintained in accordance withCouncil’s Development Control Plan 42 - Construction Activities. The sedimentcontrol devices are to be installed prior to any earthworks commencing on site.These devices shall be maintained during the demolition period and replacedwhere considered necessary.

20. All construction and associated work is to be restricted to between the hours of7.00am and 7.00pm Mondays to Fridays and between 8.00am and 4.00pm onSaturday. No work is to be carried out on Sunday or Public Holidays.

21. Site toilets shall be provided in accordance with the WorkCover Code of Practiceentitled “Amenities for Construction Work”.


23. The L10 noise level measured for a period of not less than 15 minutes whiledemolition and construction work is in progress must not exceed the backgroundnoise level by more than 20 dB(A) at the nearest affected residential premises.

24. During the demolition process, no machinery, sheds or equipment is to be parkedor stored on the nature strip.

25. In relation to demolition, all work is to be carried out in accordance with therequirements of AS2601.1991 (The Demolition of Structures).

26. Sediment control works are to be installed and maintained in accordance withCouncil’s Development Control Plan for Engineering Standards DevelopmentCriteria Section 5 Construction Activities.

27. Security fencing shall be provided around the perimeter of the building/demolitionsite and precautionary measures taken to prevent unauthorized entries of the siteat all times during demolition and construction.

28. Signage is to be provided on the site as follows:-a) During the demolition process notices lettered in accordance with AS1319

displaying the words “DANGER - DEMOLITION IN PROGRESS” or asimilar message shall be fixed to the security fencing at appropriate placesto warn the public.

b) During the entire construction phase signage shall be fixed on siteidentifying the PCA and principal contractor (the coordinator of the buildingwork), and providing phone numbers.

CITY OF RYDE


ITEM 11 (Continued)

29. Adequate precautions must be taken to control the emission of dust from the siteduring demolition and construction work. These precautions could includeminimizing soil disturbance, use of water sprays, erecting screens and notcarrying out dusty work during windy conditions.

30. The demolition and disposal of asbestos containing materials (eg. Fibro) must becarried out in accordance with WorkCover Authority guidelines.

31. All demolition wastes must be assessed and classified in accordance with theEnvironmental Guidelines: Assessment, Clarification & Management of Liquid &Non Liquid Wastes (EPA, 1999) before wastes are transported from the site.

32. Adequate arrangements must be made for the storage and disposal of demolitionand building waste generated on the premises. In this regard the demolishers andbuilders are encouraged to maximize the re-use and recycling of materials (eg.Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separatingthese materials from other wastes.

33. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent orCustomer Centre to determine whether the development will affect SydneyWater’s sewer and water mains, stormwater drains and/or easements, and iffurther requirements need to be met. The approved plans will be appropriatelystamped. For Quick Check agent details please refer to “Your Business” sectionof Sydney Water’s web site at www.sydneywater.com.au then see Building &Renovating under the heading Building & Development, or telephone 13 20 92.

The consent authority or a private accredited certifier must ensure that a QuickCheck agent/Sydney Water has appropriately stamped the plans before theissue of any Construction Certificate.

34. Proposed dwelling must achieve a minimum 3.5 Star NatHERS energy rating ofinternal thermal comfort.

35. Any hot water systems installed as part of the development must achieve aminimum 3.5 Star Greenhouse Score. The energy rating of the hot water systemshould be visible on the product at the place of purchase.

http://www.sydneywater.com.au/

CITY OF RYDE


ITEM 11 (Continued)

36. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roofinsulation must be rated R3.0 or equivalent and wall insulation must have an R1.5or equivalent rating. Insulation of brick cavity walls is not required.

37. Water Efficient Fixtures - Showerheads and toilet cisterns shall be at least AAArated water efficient. Bathroom and kitchen taps shall be fitted with aerators andwater closets shall have a dual flush cistern.










CITY OF RYDE


ITEM 11 (Continued)



supervision of all the work nominated in (a) above.c) I have carried out all tests and inspections necessary to declare that the work

nominated in (a) above has been carried out in accordance with the approvedplans, specifications, and the conditions of the development consent.


Engineering Conditions to be complied with Prior To Construction Certificate

42. Driveway Grades The maximum grade of all internal driveways and vehicularramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 and anytransition grades shall have a minimum length of 2.5m. The driveway design is toincorporate Council’s issued footpath and gutter crossing levels where they arerequired as a condition of consent. A driveway plan, longitudinal section from thecentreline of the public road to the garage floor, and any necessary cross-sectionsclearly demonstrating that the driveway complies with the above details, and thatvehicles may safely manoeuvre within the site without scraping.

43. Drainage Plans. Plans of the proposed drainage system, including the on-sitedetention system and details addressing any overland flow from upslope propertiesin accordance with Council’s Stormwater Management Development Control Plan,“DCP 41”, are to be prepared by a suitably qualified and experienced engineer. Theengineer is to prepare a certification stating that the landscaping plans have beenchecked in conjunction with the drainage plans and are compatible. The drainageplans and certification are to be submitted to and approved by Ryde CityCouncil prior to issuing of the Construction Certificate.

Any drainage pit within a road reserve, a Council easement, or that may be placedunder Councils’ control in the future, shall be constructed of caste in situ concrete.Details are to be submitted with the Construction Certificate application plans.

CITY OF RYDE


ITEM 11 (Continued)

44. On-Site Stormwater Detention Stormwater runoff from all impervious areas shallbe collected and piped by gravity flow to a suitable on-site detention system inaccordance with Ryde City Council’s Stormwater Management DevelopmentControl Plan “DCP 41”. The minimum capacity of the piped drainage system shallbe equivalent to the collected runoff from a 20 year average recurrence intervalstorm event. Overland flow paths are to be provided to convey runoff when thecapacity of the piped drainage system is exceeded up to the 100 year averagerecurrence interval and direct this to the on-site detention system. Runoff whichenters the site from upstream properties should not be redirected in a manner whichadversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flowrates at anypoint within the downstream drainage system do not increase as a result of thedevelopment during storms from the 5 year to the 100 year average recurrenceinterval of all durations. Outflow from the basin shall be piped to a point of dischargein accordance with Councils Stormwater Management Development Control Plan“DCP 41”.

The system is to be cleaned regularly and maintained to the satisfaction of RydeCity Council.

45. Road Opening Permit. The applicant shall apply for a road opening permitwhere a new pipeline is proposed to be constructed within or across the footpath.No drainage work shall be carried out on the footpath without this permit beingpaid and a copy kept on the site.




structures,

CITY OF RYDE


ITEM 11 (Continued)

(e) Location and description of existing vegetation(f) Site access point/s and means of limiting material leaving the site(g) Location of proposed vegetated buffer strips(h) Location of critical areas (drainage lines, water bodies and unstable




47. Sediment and Erosion Control. The applicant shall install appropriate sedimentcontrol devices in accordance with an approved plan prior to any earthworks beingcarried out on the site. These devices shall be maintained during the constructionperiod and replaced where considered necessary. Suitable erosion controlmanagement procedures shall be practiced. This condition is imposed in order toprotect downstream properties, Council's drainage system and natural watercoursesfrom sediment build-up transferred by stormwater runoff from the site.



49. Compliance Certificates – Engineering. Compliance Certificates must beobtained for the following (If Council is appointed the Principal Certifying Authority[PCA] then the appropriate inspection fee is to be paid to Council) and submittedto the PCA:• Confirming that all vehicular footway and gutter (layback) crossings are

constructed in accordance with the construction plan requirements and RydeCity Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed driveway is constructed in accordance with theconstruction plan requirements and Ryde City Council’s EnvironmentalStandards Development Criteria - 1999.


CITY OF RYDE


ITEM 11 (Continued)

50. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructedat all locations where vehicles cross the footpath, to protect it from damageresulting from the vehicle traffic. The location, design and construction shallconform to the requirements of Council. Crossings are to be constructed in plainreinforced concrete and finished levels shall conform with property alignmentlevels issued by Council’s Engineering Services Division. Kerbs shall not bereturned to the alignment line. Bridge and pipe crossings will not be permitted.


52. Work-as-Executed Plan. A Work-as-Executed plan signed by a RegisteredSurveyor clearly showing the surveyor’s name and the date, the stormwaterdrainage, including the on-site stormwater detention system if one has beenconstructed and finished ground levels is to be submitted to the PrincipalCertifying Authority (PCA) and to Ryde City Council if Council is not thenominated PCA. If there are proposed interallotment drainage easements on thesubject property, a Certificate from a Registered Surveyor is to be submittedto the PCA certifying that the subject drainage line/s and pits servicing those lineslie wholly within the proposed easements.

53. On-Site Stormwater Detention System - Marker Plate. Each on-site detentionsystem basin shall be indicated on the site by fixing a marker plate. This plate is tobe of minimum size: 100mm x 75mm and is to be made from non-corrosive metalor 4mm thick laminated plastic. It is to be fixed in a prominent position to thenearest concrete or permanent surface or access grate. The wording on themarker plate is described in Council’s Stormwater Management DCP. Anapproved plate may be purchased from Council's Customer Service Centre onpresentation of a completed City of Ryde OSD certification form.

54. Positive Covenant. The creation of a Positive Covenant under Section 88E ofthe Conveyancing Act 1919, burdening the property with the requirement tomaintain the stormwater detention system on the property. The terms of theinstruments are to be generally in accordance with the Council's "draft terms ofSection 88B instrument for Maintenance of Stormwater Detention Systems" and tothe satisfaction of Council.

55. Drainage Construction. The stormwater drainage on the site is to beconstructed generally in accordance with plan 20293 DA01 and DA02 preparedby Fedele Design and Drafting Pty Ltd.

CITY OF RYDE


ITEM 11 (Continued)

ADVISORY CONDITIONS

1. Compliance with Building Code of Australia1) All building work (other than work relating to the temporary building) must be

carried out in accordance with the requirements of the Building Code ofAustralia (as in force on the date of the application for the relevantconstruction certificate or complying development certificate was made)



1) Building work that involves residential building work (within the meaning ofthe Home Building Act 1989) must not be carried out unless the PrincipalCertifying Authority for the development to which the work relates:

a) in the case of work to be done under the Act:(a) has been informed in writing of the licensee’s name and contractor

licence number, and(b) is satisfied that the licensee had complied with the requirements of

Part 6 of the Act; orb) in the case of work to be done by any other person:

(a) has been informed in writing of the person's name and owner-builder permit number; or

(b) has been given a declaration, signed by the owner of the land, thatstates that the reasonable market cost of the labour and materialsinvolved in the work is less than the amount prescribed for thepurposes of the definition of “owner builder work” in Section 29 ofthat Act, and is given appropriate information and declarations underparagraphs (a) and (b) whenever arrangements for the doing ofwork are changed in such a manner as to render out of date anyinformation or declaration previously given under either of thoseparagraphs.

2) A certificate purporting to be used by an approved insurer under Part 6 ofthe Home Building Act 1989 that states that a person is the holder of aninsurance policy issued for the purposes of that Part is, for the purpose ofthis clause, sufficient evidence that the person has complied with therequirements of that Part.

CITY OF RYDE


ITEM 11 (Continued)

3. Excavations and backfilling

a) All excavations and backfill associated with the erection or demolition of abuilding must be executed safely and in accordance with appropriateprofessional standards.

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

4. Retaining walls and drainage

If the soil conditions require it:a) retaining walls associated with the erection or demolition of a building or



5. Support for neighbouring buildings

If the soil conditions require it:

1) If an excavation associated with the erection or demolition of a buildingextends below the level of the base of the footings of a building on anadjoining allotment of and, the person causing the excavation to be made:a) must preserve and protect the building from damage, anda) if necessary, must underpin and support the building in an approved

manner, andb) must, at least 7 days before excavating below the level of the base of the




CITY OF RYDE


ITEM 11 (Continued)


a) A Construction Certificate is to be obtained in accordance with Section81A (2)(a) of the Act.

b) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A (2)(b) of theAct and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention tocommence building works, in accordance with Section 81A (2)(c) of theAct and Form 7 of Schedule 1 to the Regulations.


8. Council Officers can provide these services and further information can beobtained from Council by telephoning 9952 8222 (Customer Service).

9. Telephone Installations

Conduits with draw in wires should be laid in concrete floors to the points wheretelephone services are required. Consult the local Telecommunications SalesOffice for advice.

10. Australia Post

Approval for the site and size of proposed household mail boxes must be obtainedfrom Australia Post.

11. A Waste Management Plan is required to be submitted to Council with yourDevelopment Application when you are proposing any demolition works.

Should you wish to vary the information provided in this plan you are required togive written advice to Council of any changes.

CITY OF RYDE


ITEM 11 (Continued)

Development Control Plan No. 27 sets out your obligations for waste management.

Please note that Council will not release the Construction Certificate unless detailsof the Home Owners Warranty Insurance or the Owner Builder’s Permit has beensubmitted.

(b) That the person who made a submission be advised of Council’s decision.

Liz Coad Sanju ReddyManager Environmental Assessment Environmental Assessment Officer

CITY OF RYDE


ITEM 11 (Continued) Indicates submission received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde

Development Application568/2004 & 584/2004



Tel: 9952 8222 Fax: 9952 8070


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CITY OF RYDE


ITEM 11 (Continued)

CITY OF RYDE


ITEM 12

39 - 41 DEVLIN STREET RYDE. Lot 200, DP 1006373. Local DevelopmentApplication for Extension to Existing Motor Vehicle Showroom. LDA No.776/2004. Applicant: Roads Wholesale Parts Pty Ltd.


FILE NO: LDA04/776

EXECUTIVE SUMMARY

This report considers a proposal to enclose part of the existing open motor vehicledisplay area by an extension of the glazing to the motor showroom. The enclosing of thedisplay area will reduce the number of vehicles on display. The proposal complies withthe planning controls and no submissions were received as a result of public notification.Approval of the application is recommended.

Reason for referral to Development Committee: Requested by Councillor Petch.

SITE (Refer to attached map.)

Address : 39 – 41 Devlin Street, Ryde – Cnr Victoria Road (RydeMotor Group)

Site Area : 2980m2

Frontage. 60.8m to Devlin StreetDepth. 54.3m to Victoria Road

Topography andVegetation : The site is relatively steep and falls to the north and west.

No significant trees are located on the site.

Existing Buildings : A 3 – 4 storey building used for the display and sale of newand used motor vehicles is on the site. Access is off the leftturn lane from Victoria Road into Devlin Street. Egress isvia a left turn only to Victoria Road. A secondary access isavailable to the lower level from Belmore Lane at the rear.

CITY OF RYDE


ITEM 12 (Continued)

PLANNING CONTROLS

Zoning : Business (Automotive) 3(c1) in Ryde Planning Scheme1979.

Other : Clause 94 of the EPA Regulation 2000.

DEVELOPMENT PROPOSAL SUMMARY

Extend the internal display area.

PROPOSAL:

The proposal is to increase the internal display area by extending the glazing under thecanopy on the southern (Victoria Road) side of the existing motor vehicle display area.The enclosing of the display area and including it within the motor showroom will reducethe number of display vehicles from 8 to 3 as there is more space retained around eachvehicle displayed within the showroom. There is no change to the existing signage nor isany additional signage proposed.

HISTORY:

The site has been used for the display, sale and servicing of new and used motorvehicles for many years. Vehicle access to the site is via Devlin Street where customerscan either proceed to sales (on the same level) or spare parts/servicing on the lowerlevel. In addition there is 90º parking in the closed part of Devlin Street at the front of thesite.

REFERRALS

No referrals were necessary

OFFICER’S ASSESSMENT

The assessment contained in this report relates to matters considered relevant to thisdevelopment proposal pursuant to section 79C of the Act.

CITY OF RYDE


ITEM 12 (Continued)

1. Relevant Development Control Plan/Code against which the development is tobe assessed.

DCP 27 – Waste Minimisation and Management

A waste plan was not submitted with the application, however it is unlikely that anysignificant waste will be generated, as the glazing is similar to the installation of ashopfront where the glass panels are manufactured off site and then installed.

2. Environmental Planning Instruments:


Zoning: Business (Automotive) 3(c1)

Statutory Requirements

The following are applicable to this application.

Ryde PSO Proposal ComplianceClause 34(1). Consider theaesthetic appearance of theproposal when viewed from acounty Road.

Considered in report Yes

Clause 43(2). Land between thebuilding and the road not to beused for display purposeswithout consent of Council.

Application to enclose (glaze)existing undercover display area

Yes

Clause 51. Floor space ratio -maximum 1:1.

Existing floorspace = 2757m2

+ proposed floorspace 93.6m2.Total = 2850.6m2

Site area = 2975m2

FSR = 0.96:1

Yes

Draft Environmental Planning Instruments

Draft LEP 123 (Top Ryde Urban Village) has been exhibited and proposes to include thesite in the Business Special (Urban Village) 3 (uv) zone. The site is included in thecommercial/residential precinct. The proposal is consistent with the draft LEP.

Matters Prescribed by the Regulations

There are none that affect this application

CITY OF RYDE


ITEM 12 (Continued)

3. Likely Impacts, including environmental impacts on both the natural and builtenvironment and social and economic impacts in the locality.

Built Environment:

The enclosing of the display area under the first floor canopy does not intensify orchange the use of the site. It will reduce marginally (by 3 vehicles) the number ofvehicles presently displayed. The glazing will match the existing and does not requireany change to existing services. Condition 3 has been imposed requiring the glazing tohave a reflexively index of less than 20% to reduce the likelihood of reflected sunlightaffecting nearby residents or motorists approaching the intersection.

Natural Environment:

There are no impacts on the natural environment.

4. Suitability of the site for the development

There is an existing new and used motor showroom on the site and the minor increasein the showroom area is appropriate.

5. Public Submissions

The application and plans were notified in accordance with Council requirements,adjoining owners were notified inviting submissions between 20 September 2004 and5 October 2004. No submissions were received.

6. Submissions from Public Authorities and The Public Interest

There are no matters relative to this application.

CONCLUSION:

The application is to enclose part of the existing internal display area by extending theglazed showroom. The area is situated under an existing canopy and does not requireany significant building work. No submissions were received following public notificationand the application is recommended for approval.

CITY OF RYDE


ITEM 12 (Continued)

RECOMMENDATION:

That Local Development Application No. 776/2004 to extend the existing motor vehicleshowroom at 39-41 Victoria road Ryde be approved subject to the following conditionsof consent: -

1. Development is to be carried out in accordance with the Plans No. rmg001A-002A and support information submitted to Council.

2. All building works are required to be carried out in accordance with the provisionsof the Building Code of Australia.

3. The glass shall have a reflectivity index of less than 20% with details shown onthe Construction Certificate plans


a) At the commencement of the building work*b) After excavation for, and prior to the placement of, any footings*c) Prior to pouring any in-situ reinforced concrete building element*d) Prior to covering of the framework for any floor, wall, roof or other building

element*e) Prior to covering waterproofing in any wet areas*f) Prior to covering any stormwater drainage connections*g) Finalisation of works; after the building work has been completed and prior to

any occupation certificate being issued in relation to the building*

(* = mandatory inspections)


CITY OF RYDE


ITEM 12 (Continued)


5. All demolition and all construction and associated work is to be restricted tobetween the hours of 7.00am and 7.00pm Monday to Friday (other than publicholidays) and between 8.00am and 4.00pm on Saturday. No work is to be carriedout on Sunday or public holidays.

ADVISORY CONDITIONS

1. Compliance with Building Code of Australia

1) All building work (other than work relating to the temporary building) must becarried out in accordance with the requirements of the Building Code ofAustralia (as in force on the date of the application for the relevantconstruction certificate or complying development certificate was made)


2. Prior to commencing any construction works, the following provisions of theEnvironmental Planning and Assessment Amendment Act, 1997 are to becomplied with: -


ii) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A (2)(b) of theAct and Form 7 of Schedule 1 to the Regulations.

iii) Council is to be notified at least two (2) days prior to the intention tocommence building works, in accordance with Section 81A (2)(c) of theAct and Form 7 of Schedule 1 to the Regulations.



CITY OF RYDE


ITEM 12 (Continued)

4. The applicant is advised that any erection of signs on advertising structures notindicated on the development consent plans requires the submission of a newdevelopment application to Council.

Liz CoadManager Environmental Assessment

Don J SmithConsultant Town Planner

CITY OF RYDE



COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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CITY OF RYDE


ITEM 12 (Continued)

CITY OF RYDE


ITEM 13

29 HIGGINBOTHAM ROAD, GLADESVILLE. Loading and Unloading of goods.

Manager Environmental Enforcement Reports 25 November 2004

FILE NO: P341.29

SUMMARY

To report to Council on how the unloading of materials on the site of 29 HigginbothamRoad (Reece Plumbing) could be best facilitated.

BACKGROUND

Council approved Development Consent No. 140/2003 on 14 May 2003 for additionsto an existing industrial building and change of use to plumbing supplies wholesale.

In the information provided with the application the applicant advised that loading andunloading would be undertaken on the site (at the rear of the property)

REPORT

The Traffic Committee considered a request for a loading zone to be created outsideReece Plumbing Supplies. The report of the Traffic Committee is CIRCULATEDUNDER SEPARATE COVER. Council considered the recommendation of the TrafficCommittee on 24 February 2004 and resolved that:

(I) NO ACTION BE TAKEN TO INSTALL A TRUCK ZONE IN FRONTOF PROPERTY NO 29 HIGGINBOTHAM ROAD, GLADESVILLE.

(II) THE GROUP MANAGER – ENVIRONMENTAL PLANNINGREPORT ON HOW THE UNLOADING OF MATERIALS ON THESITE OF 29 HIGGINBOTHAM ROAD COULD BE BESTFACILITATED.

The Senior Regional Manager of Reece Plumbing has been interviewed by CouncilStaff.

He advised that problem in the early stages of operation was due to the low canopy ofthe existing building. High body trucks could not access the rear of the property tounload. Some trucks that gained access to the rear of the site were unable to exit thepremises after unloading due to the height of the canopy.

CITY OF RYDE


ITEM 13 (Continued)

Reece Plumbing have approached all of their suppliers regarding the size of vehiclesundertaking deliveries to ensure that they fit under the existing canopy and can beunloaded at the rear of the premises.

Since Reece Plumbing have taken steps to prohibit large vehicles from makingdeliveries to the premises no further complaints have been received by Council inrelation to the operation of the business.

RECOMMENDATION

That the premises at 29 Higginbotham Road be kept under surveillance to ensurethat all loading and unloading of goods occurs within the premises.

Ken NagleManager Environmental Enforcement

CITY OF RYDE


ITEM 13 (Continued)

C O PYR IGH T

© 2004 Ci ty o f Ry de.© 2004 Land and Property Inform ation NS W.

A LL RIG HT S RE SE RVE D

N o part of thi s m ap m ay be reproduc ed wi thout wr itten perm is s ion.

D ISC LAIM ER

This m ap has been c om pi led from var ious s ourc es and the publ isher and/orc ontribu tors acc ept no res pons ib i l i ty fo r any in jury , los s or dam age arisingfrom i ts us e or errors or om iss ions there in . Whi le al l c are i s tak en to ens urea h igh degree of ac cur ac y , us ers are inv i ted to noti fy C ounci l o f any d is c repanc ies.

City of RydeCivi c Cent re, 1 De vli n S t re etRYDE NSW 21 12

Locked Bag 2069NORTH RYD E NSW 1670

Tel: 9952 8222 F ax: 9952 8070

E-m ail: c ityof ryd [email protected]: www.ryde.nsw.gov.au

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CITY OF RYDE


ITEM 14

SURVEY OF PUBLIC SWIMMING POOLS AND SPA POOLS

Manager Environmental Enforcement reports 4 November 2004

FILE NO. S10849

OBJECTIVE OF REPORT

To inform Council of the results of a recent survey of public swimming pools and spapools.

REPORT

Introduction:

On 1 and 2 November 2004, Council Environmental Health Officers carried out a surveyof public swimming pools and spa pools across the City. This included pools at fitnesscentres, hotels and motels.

Poorly maintained pools may contain disease-causing microorganisms, which may betransmitted to bathers. Common infections associated with swimming pools and spapools include eye, ear and skin infections and gastrointestinal diseases.

Survey Results:

Of the 22 swimming pools and 4 spa pools tested, 54% of swimming pools and 75%of spa pools failed to comply with the chemical parameters specified in the PublicSwimming Pool and Spa Pool Guidelines (NSW Health, 1996). The reasons forfailure are summarised in the following table:

Reason for Failure Number of Pools Percentage of TotalToo little free chlorine 6 23%Too much chlorine 1 4%pH too low 2 8%pH too high 2 8%Total alkalinity too low 3 12%Total alkalinity too high 9 35%

Too little free chlorine will allow disease-causing microorganisms to grow, while toomuch chlorine can cause eye irritation, dermatitis and dry scaly skin.

CITY OF RYDE


ITEM 14 (Continued)

If the pH is too low the water becomes acidic and eye irritation may occur. If the pHis too high, chlorine becomes less effective as a disinfectant and eye irritation mayalso occur.

If the total alkalinity is too low the pH can change rapidly when chemicals or impuritiesenter the water. If the total alkalinity is too high the pH becomes difficult to adjust.

Action Taken:

Where corrective action was required the pool operator was informed of the resultsand the action required to bring the pool into compliance with the standards.

Except where the departures were of a minor nature, the operator was also informedthat further testing would be carried out in the next few days to confirm that therequired action had been taken.

Also, where the level of disinfection was inadequate, it was recommended that theoperator close the pool until the problem had been rectified.

Results of Further Testing:

Follow-up inspections were carried out on 3 November 2004.

One of the spa pools revisited was closed for repairs to the pool plant. However, theother spa pool revisited still contained inadequate free chlorine. Also, thetemperature of this pool was above the maximum of 38oC.

Prolonged immersion in water above 38oC can cause heat stress, especially in peoplesuffering from heart conditions.

Of the 9 swimming pools revisited, 3 were found to contain inadequate levels of freechlorine.

Further instructions were issued where required and will be followed up in due course.

A further survey of public swimming pools and spa pools will be carried out before theChristmas School Holiday period.

CITY OF RYDE


ITEM 14 (Continued)

RECOMMENDATION:

That the report of the Manager Environmental Enforcement dated 4 November 2004 onthe survey of public swimming pools and spas be received and noted.

Ken Nagle Craig RedfernManager Environmental Enforcement Team Leader Environmental Health