item subject page no 1 1d leylands parade, … · report summaries 1 1d ... council approved a...

INDEPENDENT HEARING AND ASSESSMENT PANEL 4 FEBRUARY 2013

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

CENTRAL WARD

1 1D LEYLANDS PARADE, BELMORE: INSTALLATION OF MODULAR GRANDSTAND SEATING AND RETRACTABLE PLAYERS TUNNEL ASSOCIATED WITH THE USE OF PETER MOORE FIELDS FOR FOOTBALL COMPETITIONS ........................................ 4

2 48 ETELA STREET, BELMORE: DEMOLITION AND CONSTRUCTION OF SIX TOWNHOUSES WITH BASEMENT CAR PARKING, FRONT FENCE AND STRATA SUBDIVISION .............................. 21

3 41 CLEARY AVENUE, BELMORE: REVIEW OF DETERMINATION OF DEVELOPMENT APPLICATION FOR ALTERATIONS, ADDITIONS AND CONVERSION OF AN EXISTING DWELLING TO A CHILDCARE CENTRE ....................................................................................... 39


REPORT SUMMARIES

1 1D LEYLANDS PARADE, BELMORE: INSTALLATION OF MODULAR GRANDSTAND SEATING AND RETRACTABLE PLAYERS TUNNEL ASSOCIATED WITH THE USE OF PETER MOORE FIELDS FOR FOOTBALL COMPETITIONS

• This application was considered by the Independent Hearing and Assessment Panel on 26 November 2012 and was deferred for the applicant to provide a Plan of Management specifically for Peter Moore Fields and for landscaping details for the ‘Open Space’ area to be submitted. These matters are considered in the Supplementary Information section of this report.

• Development application has been received for the installation of a modular grandstand facility and a retractable players tunnel (referred to as a “race”) at the southern side of Peter Moore Fields.

• The subject site is zoned as Public Open Space 6(a) under the provisions of Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct) and the proposed grandstand and players race are permissible with consent.

• The application has been assessed against the relevant provisions of the Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct), Development Control Plan (DCP) 20 – Car Parking, DCP 29 – Crime Prevention Through Environmental Design, DCP 45 – Landscaping, and DCP 48 – Waste Management and is found to comply with all the relevant requirements.

• The proposal was publicly notified in accordance with the requirement of our DCP 32 – Notification Policy. Two submissions were received one of which is in the form of a petition signed by six persons from six households. Issues raised as part of the objections include maintaining public access to the fields, noise, privacy, traffic, parking, and request for provision of services such as a bike track, water fountain and waste disposal facilities.

• Given that Council is the applicant, this application has been referred to Independent Hearing and Assessment Panel (IHAP).

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

2 48 ETELA STREET, BELMORE: DEMOLITION AND CONSTRUCTION OF SIX TOWNHOUSES WITH BASEMENT CAR PARKING, FRONT FENCE AND STRATA SUBDIVISION

• A Development Application has been received for the demolition of existing structures and construction of six townhouses with basement level car parking, front fence and Strata title subdivision.

• The subject site is zoned Residential 2(c) under the provisions of Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct) and the proposed development is permissible with consent.


• The application has been assessed against the relevant provisions of the Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct), Development Control Plan (DCP) 13 – Multiple Unit Development Code, DCP20 – Car Parking, DCP 29 – Crime Prevention Through Environmental Design, DCP37 – Energy Smart Homes, Fencing Code, DCP 45 – Landscaping, and DCP 48 – Waste Management and is found to comply with all the relevant requirements.

• The proposal was publicly notified in accordance with the requirement of our DCP 32 – Notification Policy. One submission was received which is in the form of a petition signed by 38 people from 23 households. Issues raised as part of the objections include car parking, privacy, height, bulk, density and impacts on solar access to neighbouring properties.

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

3 41 CLEARY AVENUE, BELMORE: REVIEW OF DETERMINATION OF DEVELOPMENT APPLICATION FOR ALTERATIONS, ADDITIONS AND CONVERSION OF AN EXISTING DWELLING TO A CHILDCARE CENTRE

• Αn application pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 has been received for the review of a development application that was refused for the use of an existing dwelling as a childcare centre and associated alterations and additions to the building. The original Development Application (DA189/2012) was refused due to the development being inconsistent with our car parking controls, DCP 25 – Childcare Centres, and the Residential 2(a) zone objectives of Local Environmental Plan 178 (Belmore/Lakemba Precinct).

• The subject site is zoned as Residential 2(a) under the provisions of Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct) and the proposed childcare centre is permissible with consent.

• The application has been assessed against the relevant provisions of the Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct), DCP 9 – Non Residential Buildings Adjoining Residential Zones, DCP 20 – Car Parking, DCP 25 – Child Care Centres, DCP 29 – Crime Prevention Through Environmental Design, DCP 45 – Landscaping, and DCP 48 – Waste Management and is found to comply with all the relevant requirements, with the exception of the site being within 30m of a major road (Lakemba Street).

• Our Team Leader Design has reviewed the application and provided the drop-off/pick-up zone is established minimum 30m from the intersection of Lakemba Street, no objections are raised to the approval of this application.

• The proposal was notified in accordance with the requirement of our DCP 32 – Notification Policy. Two submissions were received one of which is in the form of a petition signed by 58 persons from an unknown number of households (No addresses provided on petition). Issues raised as part of the objections include noise, traffic, and parking impacts on neighbouring properties.

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


CENTRAL WARD

1 1D LEYLANDS PARADE, BELMORE: INSTALLATION OF MODULAR GRANDSTAND SEATING AND RETRACTABLE PLAYERS TUNNEL ASSOCIATED WITH THE USE OF PETER MOORE FIELDS FOR FOOTBALL COMPETITIONS

FILE NO: 517/1DD PT4

REPORT BY: DIRECTOR CITY PLANNING

WARD: CENTRAL

D/A No: DA-404/2012

Applicant:

Owner:

City of Canterbury

As above

Zoning: 6(a) Public Open Space

Application Date: 11 October 2012 – Additional information received 9 November 2012 & 21 December 2012

Summary:

• This application was considered by the Independent Hearing and Assessment Panel on 26 November 2012 and was deferred for the applicant to provide a Plan of Management specifically for Peter Moore Fields and for landscaping details for the ‘Open Space’ area to be submitted. These matters are considered in the Supplementary Information section of this report.

• Development application has been received for the installation of a modular grandstand facility and a retractable players tunnel (referred to as a “race”) at the southern side of Peter Moore Fields.

• The subject site is zoned as Public Open Space 6(a) under the provisions of Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct) and the proposed grandstand and players race are permissible with consent.

• The application has been assessed against the relevant provisions of the Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct), Development Control Plan (DCP) 20 – Car Parking, DCP 29 – Crime Prevention Through Environmental Design, DCP 45 – Landscaping, and DCP 48 – Waste Management and is found to comply with all the relevant requirements.

• The proposal was publicly notified in accordance with the requirement of our DCP 32 – Notification Policy. Two submissions were received one of which is in the form of a petition signed by six persons from six households. Issues raised as part of the objections include maintaining public access to the fields, noise, privacy, traffic, parking, and request for provision of services such as a bike track, water fountain and waste disposal facilities.

• Given that Council is the applicant, this application has been referred to Independent Hearing and Assessment Panel (IHAP).


1D LEYLANDS PARADE, BELMORE: INSTALLATION OF MODULAR GRANDSTAND SEATING AND RETRACTABLE PLAYERS TUNNEL ASSOCIATED WITH THE USE OF PETER MOORE FIELDS FOR FOOTBALL COMPETITIONS (CONT.)

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

Council Delivery Program and Budget Implications:

This report has no implications for the Budget. The assessment of the application supports our Community Strategic Plan long term goal of Balanced Urban Development. Report: Background On 19 December 1978, Council approved a development application for the construction of a grandstand building on the western side of Belmore Sportsground. The grandstand comprised four levels and was to accommodate approximately 500 people. On 10 November 1979, Council approved the associated building application for the grandstand building. On 13 November 1991, Council approved a development application for the construction of a gymnasium under the northern end of the existing grandstand building within Belmore Sportsground. The Joint Regional Planning Panel, at its meeting of 9 September 2010, approved a development application for the redevelopment of the Belmore Sportsground including provision of elite training facilities for the Bulldogs Rugby League Club, match and training facilities for Sydney Olympic Football Club; and training and competition facilities for community groups and schools, subject to conditions. On 17 June 2011, a Section 96 Modification of consent was approved by Council to alter the layout of the existing ground floor bar area by removal of internal stairs associated with the approved redevelopment of Belmore Sportsground. On 9 February 2012, the City Development Committee approved DA 561/2011 which involved the consolidation of lots comprising parts of Belmore Campsie Park (Terry Lamb Reserve), Belmore Sportsground and Peter Moore Field into one lot, subdivision into four lots and subsequent stratum subdivision of one lot into four stratum lots. The subsequent stratum subdivision corresponded with the existing and future use of the Belmore Sportsground including one area earmarked for use by Sydney Olympic Football Club within the grandstand building. Site Details The subject site is known as Peter Moore Field and is located at the eastern end of a series of sporting facilities situated on the block bounded by Myall Street, Edison Lane, Waverley Street, Palmer Street, Thorncraft Parade, Loftus Street, Lilian Lane and the Bankstown Railway Line. Peter Moore Field is bound by the railway line to the north, the rear of neighbouring residential properties to the east and south, and the Belmore Sportsground to the west. Vehicular access to the site is via Belmore Sportsground, and a small access way from Palmer Street. Pedestrian access is also available via a pathway along the northern adjoining railway line and from Thorncraft Parade.



Peter Moore Field is currently used for informal sporting facilities and includes a basketball court and enclosed off-leash dog walking/training area. Surrounding land uses are predominantly open space and residential.

Subject site is known as Lot 13.

Proposal The proposal involves the installation of a grandstand and a retractable players tunnel or “race” (which is in the form of a retractable cover/awning structure to provide protection to players as they enter/exit the amenities building during a game) at the Peter Moore Field to facilitate football competitions on the southern half of the grounds. Plans submitted with the application indicate a series of fencing however, the installation of fences does not require Council consent as it is exempt development under State Environmental Planning Policy (Infrastructure) 2007. Statutory Considerations

• Local Government Act 1993

• Canterbury Local Environment Plan 178: Belmore – Lakemba Precinct (CLEP 178)

• Canterbury Local Environmental Plan 2012 (CLEP 2012)

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

• Development Control Plan 29 – Crime Prevention Through Environmental design (DCP 29)

• Development Control Plan 45 – Landscaping (DCP 45)

• Development Control Plan 48 – Waste Management (DCP 48)



Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, and has considered Clause 92 of the accompanying Regulation 2000. The following key issues emerge:

• Local Government Act 1993 As the subject site is owned by Council the provisions of the Local Government Act apply to the use and licensing of the site. Our Governance section has reviewed the proposed development, and has raised no objections based on it being consistent with the provisions of the Local Government Act and the Plan of Management for Peter Moore Field. A licence for the use of the field by a specific sporting association will be considered under a separate application by our Governance section. The licence application will be placed on public exhibition for comments regarding the use of the field and any comments received will be taken into consideration before the issue of any licence.

• Canterbury Local Environment Plan 178: Belmore –Lakemba Precinct (CLEP 178) The site is zoned Public Open Space 6(a) under Canterbury Local Environment Plan 178: Belmore – Lakemba Precinct. The proposal involves the installation of a modular grandstand and retractable players race facility at Peter Moore Field (PMF) which is an existing ‘recreation area’. The proposed grandstand is a ‘recreation facility’which is permissible with consent in the zone. Clause 16 of Canterbury Local Environmental Plan 178 states that Council shall not consent to the carrying out of development on land owned by the Council within Zone 6(a) unless consideration has been given to: (a) the need for the proposed development; (b) whether the impact of the proposed development will be detrimental to the

existing or likely future use of the land; (c) whether any proposed building will be secondary and complementary to the

existing use of the land as public open space; (d) whether the proposal will diminish public use of and access to open space to an

unacceptable degree; (e) whether the proposal is compatible with adjacent uses in relation to its height,

bulk, noise generation, traffic generation and any other aspects that might conflict with surrounding uses; and,

(f) whether the proposal is consistent with any Plan of Management adopted by Council.

The proposed development involves the provision of facilities to promote sporting activities in an existing recreation area. The proposed facilities are not detrimental to, but rather, complement the existing and future use of the subject land.



The proposed grandstand and players race will not diminish public use of, and access to the open space area to any unacceptable degree. This report considers the likely impacts of the proposed development and whether it is compatible with adjacent uses. It has found that subject to conditions of consent, the proposed facilities and the intensification of the use of the field is not inconsistent with the surrounding land uses. The proposal would be consistent with that adopted Plan of Management for the subject land. On this basis, the proposal meets the assessment criteria contained in Clause 16 of the LEP.

• Canterbury Local Environmental Plan 2012 (CLEP 2012) The site is zoned RE1 – Public Recreation under CLEP 2012 and is a permissible use. However, the savings provisions listed in Clause 1.8A of CLEP 2012 prevent any determinative weighting from being afforded to its provisions in respect to this application.

• Development Control Plan 20 – Car Parking (DCP 20) Development Control Plan 20 aims to ensure that development is provided with adequate off-street car parking for occupants and visitors by providing guidance on the parking requirements and design criteria. The DCP contains specific parking rates for various development types and in this regard, the proposal (for the purposes of calculating car parking generation) is best described as a ‘recreation facility’. Table 3(a) of the DCP states that a parking assessment of similar facilities is required, however, as a guide, 7.5 spaces per 100 square metres of floor area would be required for a recreation facility. The proposed development does not change the underlying use of the Peter Moore Fields which is an existing recreation facility. Rather, the proposed grandstand area formalizes seating for potential spectators of recreation activities that can occur at this site. As such, the rates for a recreation facility are not applicable in this instance. The development application is accompanied by a traffic assessment which has been reviewed by our Team Leader – Traffic. It was concluded that subject to conditions of consent regarding the timing of games at the subject field so that they do not overlap with games played at the neighbouring Belmore Sportsground, that the existing parking facilities (on and off-street) would be sufficient to cater for the proposed development.

• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29) The proposed development has also been assessed against the relevant provisions of our Development Control Plan 29 – Crime Prevention Through Environmental Design, which aims to promote design as a genuine crime prevention strategy through three main principles, namely natural surveillance, access control and ownership.



It is considered that the proposed development, through increased use and patronage of the facilities, will result in greater opportunities for natural surveillance through the Peter Moore Fields. The proposal is considered to satisfy the objectives of the DCP.

• Development Control Plan 45 – Landscaping (DCP 45) Our Landscape Architect has reviewed the proposed development under the provisions of Canterbury Development Control Plan 45 – Landscaping and has raised no objections to the proposal.

• Development Control Plan 48 – Waste Management (DCP 48) Our Waste Services Contracts Coordinator has reviewed the application and has raised no objection to the proposed facilities as the waste disposal arrangements on this site will be accommodated within the overall Belmore Sportsground Complex Management Plan.

Referrals

• Team Leader – Traffic The application has been referred to our Team Leader – Traffic to review the traffic and parking impacts of the proposed development and the associated traffic report. No issues were raised regarding traffic generation and in terms of parking it was concluded that:

“The parking demand with all the games (Rugby League and Soccer) at Belmore Sportsground and Peter Moore Field is approx 509 spaces. This can be reduced if the games are organised with an hour gap so that street parking does not become congested. The illegal parking issues raised by residents in Palmer Street and Tudor Street will be investigated and reported to the Traffic Committee for their consideration.”

Conditions of consent have been imposed as recommended.

• Co-ordinator City Property The application was referred to our Co-ordinator City Property who reviewed this application and advised that the subject site is owned by Canterbury City Council and is community classified under the Local Government Act. The use is allowable and not otherwise inconsistent with the restrictions applying under community classified land under either the Local Government Act and/or Council's Plan of Management for this property. Comments regarding perimeter fencing and ticketing of spectators have been referred to our City Works and Corporate Support divisions for consideration at the fencing and licensing stages.



Notification The development application was publicly exhibited and all adjoining owners notified of the proposed development in accordance with the provisions of our Development Control Plan 32 - Notification Policy. Two submissions were received one of which is in the form of a petition signed by six persons from six households. Issues raised as part of the objections include:

• Clear ongoing rights of public access should be maintained to the fields

Comment The proposed grandstand and players tunnel do not have any implications on the access to the Peter Moore Fields. The fencing shown on plans does not form part of this application. Matters relating to the use of the fields should be referred to our Governance section during the public exhibition of the licensing of the subject site for its intended use.

• A shared pedestrian/bike path should be constructed around the perimeter of the fields

Comment This application is limited to the construction of a grandstand facility. The request for a bike path is a matter that can be considered at a time when Council is considering a Plan of Management for the Fields and cannot be resolved as part of this application.

• Bike racks should be installed at the field to encourage use of bikes as a mode of travel to the fields and to compliment the requested bike path

Comment A condition of consent has been imposed for the provision of 17 bicycle racks at the subject site.

• Sufficient rubbish/recycling bins and drinking fountains/taps should be installed at the fields

Comment The provision of general waste and recycling bins will be in accordance with the overall Belmore Sportsground Complex Management Plan for the provision and management of waste facilities through the site. Drinking fountains and taps are not considered to be necessary as part of this application which is limited to a grandstand and players tunnel facilities.

• Traffic impacts resulting from Peter Moore Fields not being available as a parking area, but rather attracting more patrons therefore increasing traffic and parking impacts

Comment Our Team Leader – Traffic has reviewed the proposed development in terms of traffic generation and parking demands. No objections were raised regarding traffic generation and conditions of consent have been included to space out the timing of



games at the Belmore Sportsground and the subject site so that the existing on-street parking can absorb the parking demand.

• Noise impacts on neighbours during competitions with the use of drums, sirens and the like by spectators

Comment It is acknowledged that spectators attending the field may generate noise that can impact on the amenity of neighbouring residents. Conditions of consent have been included that require the use of the grounds not to create noise so as to interfere with the amenity of the neighbourhood. If a noise nuisance occurs, the person in control of the facility must arrange for an acoustic investigation to be carried out. Further, a condition has been imposed requiring signage throughout the site advising spectators of the nearby residences and requesting quiet and orderly departure from the site.

• Residents of Palmer Street will be affected as the grandstand will allow views into their properties

Comment The proposed grandstand is over 100 metres away from the rear boundaries of properties on Palmer Street and is 3.75m in total height. Given the distance between the grandstand area and the neighbouring properties and the limited height of the structure, there will not be any unreasonable impacts on the privacy of neighbouring residents.

• Construction phase will have impact on the neighbouring residents by way of truck movements, dust, fumes, noise and the like

Comment The proposal involves the installation of a grandstand and a retractable players tunnel which involves minimal building work. A condition of consent will be included to limit building operations for works to be restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

Independent Hearing and Assessment Panel Report The Independent Hearing and Assessment Panel considered the application on 26 November 2012, and their report is provided below.

“IHAP Recommendation

THAT Development Application DA-404/2012 be DEFERRED for further

information as detailed in the Panel’s assessment.

Vote: 4-0 in favour



Site Visit An inspection of the site was undertaken by the Panel and staff members prior to the

public hearing.

Public Addresses

Ms Pam Vlahos

(objector) • She represents and spoke for other residents in the area.

• She raised the concern that the residents were not given the

opportunity to prepare for the IHAP meeting.

• She requested that this proposal be adjourned to the next

meeting.

• The main concern is that the proposed use will generate a

lot of traffic.

• There have been constant issues of people double parking in

her street, blocking driveways, constant phone calls to

police and numerous complaints to Council whenever

there’s an event in the park, but nothing has been resolved

for residents so far.

• A hospital nearby contributes even further problems on

parking and traffic.

• She believes that there was no traffic study conducted for

this proposal.

• Where the grandstand is proposed the land used to be a

parking area for people attending football matches or

events. That parking will now be transferred to an already

clogged street system.

• Residents have issues with the noise generated by the

sporting events.

Panel Assessment The Panel discussed this matter at length and determined that there was insufficient

information before it which could lead to a recommendation for approval of the

development. The Panel decided to defer the matter for the following reasons:

Most importantly, it is noted that as Council is the proponent it needs to ensure full

transparency of the process and assessment of the development. In this regard a

number of factors impacted transparency, including late notification of the IHAP to

objectors. However, of particular importance is Clause 16 of the Canterbury Local

Environmental Plan 178 which requires that Council shall not consent to the carrying

out of development on land owned by the Council within Zone 6(a) unless

‘consideration’ has been given to some six factors (a to f), including:

(e) whether the proposal is compatible with adjacent uses in relation to its height,

bulk, noise generation, traffic generation and any other aspects that might

conflict with surrounding uses; and

(f) whether the proposal is consistent with any Plan of Management adopted by

Council.



In regard to the above ‘consideration’, the Panel sought further details. It was

indicated by the Council representative prior to the IHAP meeting that “our

assessment of clause 16 is as per the contents of the report”. However, a Council

representative with responsibility for the Peter Moore Field was not in attendance at

the IHAP Meeting to speak as the proponent’s representative.

In that respect the opponents of the proposal, both by way of prior written submission

and orally at the IHAP meeting, emphasised the adverse impact of the current and

assumed future use of the site as a consequence of the development and the

intensification of use. This related particularly to noise, traffic and its general conflict

with surrounding uses. These concerns go directly to item (e) under Clause 16 of the

Canterbury LEP 178.

In relation to the requirement under Clause 16 (f) “whether the proposal is consistent

with any Plan of Management adopted by Council”. In this regard, following a

request by IHAP, Council provided a document dated 23 March 1999 entitled

“Generic Plan of Management for Sportsgrounds”. Therefore, no site-specific plan of

management is available that relates to the management of the subject site. The

generic Plan of Management includes, under “Major Issues” reference to ‘future use

of the land’ and indicates that an assessment of such future use includes two items:

• No justifiable criticism levelled at Council concerning the effective future

development on sportsgrounds.

• All works being certified as requiring either approval or assessment under

the Environmental Planning and Assessment Act.

With regard to criticism - the first bullet point - the submission and presentation by

opponents indicated that there was considerable criticism levelled at Council as to the

effect of this future development, which was likely to increase with the number of

events and the intensification of events and thus have an adverse impact with noise

and traffic on the surrounding area as experienced in the past. The question arose as

to whether it was “justifiable criticism”. However, in the absence of information

detailing Council’s consideration of this impact, IHAP could not assess if this

criticism was ‘justifiable’.

The Panel considered that at this stage, the generic Plan of Management is no longer

adequate to address the land use pressures that are being placed on Peter Moore

Fields (intensification of use) and this generic document should be updated. The

Panel encourages Council to prepare a Plan of Management specifically addressing

the Peter Moore Fields, operations and actions taken to minimise any adverse effects

on the surrounding area, having regard to the potential of open space and recreation

on that area. In providing this advice the Panel is aware that it is Council’s choice

under the land management provisions of the Local Government Act and the General

Regulations as to whether it operates with generic plans of management or a specific

plan of management for community classified land, and that it has chosen the former

approach.



However, despite that approach the Panel still believes that a Peter Moore Fields

Plan of Management should be prepared in the context of an overall master plan for

the area, including its inter-relationship with the surrounding recreation areas, traffic

matters, transport and movement over the broader area to include pedestrian and

vehicular access and mobility.

A related Statutory Consideration is DCP 45- Landscaping which provides a checklist

for “Development Type” indicating a ‘Site Analysis Required’ for ‘Open Space’ to

include both a DA and Landscape Strategy. The Panel sought details of the proposed

landscape strategy but was advised that no further information was available.

The Panel decided to defer the matter pending documentation of the “consideration”

required by Clause 16 of Canterbury LEP 178 and the development of a “landscape

strategy” to accompany the development application which conforms to the

requirements of DCP 45- Landscape.”

Supplementary Information This application was considered by the Independent Hearing and Assessment Panel on 26 November 2012 and was deferred for the applicant to provide a Plan of Management specifically for Peter Moore Fields and for landscaping details for the ‘Open Space’ area to be submitted. The following comments are provided by the applicant in response to the IHAP recommendation:

Page 10 of the generic plan of management contains the following major issue:

“The future use of the land and the manner in which future development will be assessed and/or authorised.”

The Plan lists the manner of addressing this issue is to “ensure that all future works are undertaken in accordance with development, building or subdivision approval (where appropriate) or they are authorised under the Environmental Planning and Assessment Act or the Principal Local Planning Instrument.” The manner of assessing whether we have achieved satisfactory outcome in terms of the above issue is, as quoted by IHAP and included in the plan of management; 1. No justifiable criticism levelled at Council concerning the effective future development

on sportsgrounds.

2. All works being certified as requiring either approval or assessment under the

Environmental Planning and Assessment Act.

While the IHAP addressed the first criteria in addressing whether we had addressed the issue or not, it did not state whether or not it believed Council had met the second criteria. It is Council’s view that the criteria has been met by having the application assessed under the EPA Act.



In terms of the first criteria, IHAP [has]…stated that in the absence of information detailing Council’s consideration of the criticisms received, it could not assess if the criticism was justifiable. [The] … IHAP’s attention [would be directed] to pages 10 and 11 of the Council Officer’s report. The criticisms detailed in the two submissions received relating to this DA are addressed in this section of the report. Where required… conditions of consent [are recommended] to address the criticisms raised in the submissions. Therefore, in my view Council has met the first criteria of no justifiable criticism and the proposal to construct seating and a player’s tunnel is consistent the generic plan of management for sporting grounds. In terms of the generic plan of management…the following comments [are submitted]:

• The plan requires that Council comply with the Environmental Planning and Assessment Act when it proposes development of the land. As stated on page 11 of … [the] report, the DA has been assessed against the EPA Act and is considered to be satisfactory.

• The goal of the plan of management is to support a range of active sports by providing suitable grounds and ancillary facilities. This proposal meets the requirement by providing spectator seating for use by rugby league and football, as well as by school groups.

• The POM states that a major issue is the provision of ancillary facilities within the area and the means of achieving this as being the provision of adequate spectator viewing areas, including seating. This particular proposal squarely meets this specific requirement.

The IHAP has requested that Council prepare an overall master plan for the area that would address, amongst other things, parking and traffic issues. Rather than Council preparing a masterplan, [it is recommended that]…the proposed licensees for Peter Moore Field (Bulldogs and Sydney Olympic) be required to submit to Council a management plan on how they will address parking, traffic and other issues, three months prior to any major event. A major event should be defined as any event that will attract more than 300 attendees. The Plan of Management is no longer adequate The IHAP report expresses the view that a specific plan of management should be prepared for Peter Moore Fields and that the generic plan of management for sportsgrounds be updated. As noted in IHAP’s report, the land management provisions of the Local Government Act and the Local Government (General) Regulation provide Councils with a choice as to whether to prepare a specific plan of management for each piece of community land or to rely on a suite of generic plans for sporting fields, playgrounds etc. The City of Canterbury contains 27 sports grounds, 95 playgrounds, 217 passive open spaces as well as 57 hectares of bushland. The cost of preparing individual plans of management is estimated to be between $30,000 to $50,000 each. Therefore the costs of preparing individual plans for all of our land would be [extremely high]… and unaffordable. This is why the vast majority of councils similar to Canterbury, utilise generic plans of management rather than preparing individual plans. In addition, it is considered that the generic plan of management is sufficient for our needs. Therefore the request by IHAP for a specific plan of management to be prepared for Peter Moore Field is not supported.



The IHAP also recommended that the generic plan of management for sportsgrounds be updated, although they did not elaborate on what changes they would like to see made to the plan. The generic plan of management for sporting grounds was adopted by Council in 1995. Since 1995, the Plan has been reviewed on a number of occasions by the Manager with delegated authority from the General Manager for responsibility of the plan. Over time the plan has been reviewed by the Property and Legal Manager, Manager Corporate Support, Manager Governance and Administration and the Group Manager Governance. The Plan is considered to be robust and, with little change to community land management legislation having occurred in the interim, staff have considered there is no need to have the plan reconsidered by Council for amendment. A major aim of the generic plan is to only authorise those land uses that are legally able to be carried out in terms of the Environment Planning and Assessment Act, whether with approval or without such need. Through the development assessment process, significant proposed work intended to be undertaken on community-classified land is first placed on public exhibition and members of the community given the opportunity to comment on the proposal. Any comments made by members of the public in response to such notifications are taken into account and addressed when the DA is assessed by Council Officers. It is considered that this is a sufficiently open and transparent manner of dealing with proposed work on community land.” The second matter for which this application was deferred, being landscaping details to be provided for the ‘open space’ area has not been provided as there are no specific landscape works proposed at the subject site outside of basic grass maintenance and field marking works. The above is submitted for the panel’s consideration. Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies and is considered satisfactory and therefore recommended for approval.

RECOMMENDATION:

THAT Development Application DA-404/2012 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

• Structural Engineering Plan

• Building Specifications

• Fire Safety Schedule

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



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

Kerb and Gutter Damage Deposit $2516.00 Certificate Registration Fee $36.00 Long Service Levy $199.50

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $717.60 Inspection Fee $755.00 Occupation Certificate Fee $148.00

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

BEFORE COMMENCING THE DEVELOPMENT

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

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

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

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

SITE SIGNAGE

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

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

which that person may be contacted during and outside working hours, and 3.3. That unauthorised entry to the work site is prohibited.

GENERAL

4. The development which involves the installation of a grandstand facility and a new players race only, being carried out in accordance with the plans, specifications and details prepared by CMT Architects, dated October 2012, and marked Drawing Plan No.: DA 01, and DA 04 as received by Council on 11 October 2012 except where amended by the conditions specified in this Notice.

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

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



7. All building construction work must comply with the National Construction Code. 8. Council’s warning sign for Soil and Water Management must be displayed on the

most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

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

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

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

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

TRAFFIC

13. A Transport Access Guide (TAG) be prepared by the applicant and submitted to Council’s Team Leader – Traffic and Transportation for approval and is to be provided to the Sports Clubs for use of Belmore Sportsground and Peter Moore Fields.

14. Seventeen (17) bicycle spaces be provided on site. Details must be shown on the plans lodged with the Construction Certificate application.

15. All sporting games at Belmore Sports Grounds and Peter Moore Field be held with a one hour gap, to reduce on street parking congestion.

16. A parking survey (on street) be undertaken on the first three Premier League events held at Peter Moore Field. These surveys must be conducted for a minimum period of two hours before and after the games. Survey area (streets) to be confirmed by Council’s Team Leader Traffic and Transportation.

ENVIRONMENTAL HEALTH

17. The proposed use of the sporting facility and/or machinery equipment installed, must not create noise so as to interfere with the amenity of the neighbourhood. If a noise nuisance occurs, the person in control of the facility must arrange for an acoustic investigation to be carried out (by an accredited Acoustic Engineer), obtain Principal Certifying Authority concurrence for the recommendations of the Consultant, and implement those recommendations so as to reduce the noise levels to the ambient noise level.

18. Signs shall be appropriately located within the confines of the sporting facility advising spectators of the nearby residences and seeking quiet and orderly departure from the facility and the organizers of the facility ensuring that attendants give appropriate directions to and take reasonable steps to control noisy or offensive behaviour of spectators both entering or leaving the facility.

SYDNEY WATER REQUIREMENTS

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



ENGINEERING

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

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

DISABILITY ACCESS

22. A continuous accessible path of travel is to be provided to the amenities block, the playing area and the grandstand from the Ground Entry and from car parking areas. It shall not contain a step or other impediment, and shall have an unobstructed width of at least 1000mm, and vertical clearance of 2000mm.

23. The minimum footprint for an occupied wheelchair at rest is 800 mm wide X 1300 mm deep. The accessible space in the modular grandstand should be at least 1300 mm deep. The pathway in front of the grandstand should provide a clear width of at least 1000 mm, not including a catch drain or fence plinth.

24. Compliant handrails are required on either side of the ramp to the Amenities Block. They are also required along the front and sides of the raised platform, and either side of the set of steps from the raised platform.

25. TGSI’s are required at the top and base of the ramp, and full width across the top of the steps. TGSI’s are not required at the base of the steps.

CRITICAL INSPECTIONS

26. Class 1 and 10 Buildings The following critical stage inspections must be carried out by the Principal Certifying Authority (either Council or the Accredited Certifier): 26.1. at the commencement of the building work, and 26.2. after excavation for, and prior to the placement of any footings, and 26.3. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 26.4. at the commencement of the building work, and 26.5. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 27. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT

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



WE ALSO ADVISE: 29. This application has been assessed in accordance with the National Construction Code. 30. Where Council is appointed as the Principal Certifying Authority, you will be required

to submit Compliance Certificates in respect of the following:

• Structural engineering work

• Final fire safety certificate 31. Any works to be carried out by Council at the applicant’s cost need to be applied for in

advance. 32. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile

1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

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

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

35. The matters raised in this report that fall outside the terms of this assessment, including the submission of a comprehensive plan of management be considered as part of the assessment, prior to the issue of any licence to undertake the activity.

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

37. If you are not satisfied with this determination, you may: 36.1. Apply for a review of a determination under Section 82A of the Environmental

Planning and Assessment Act 1979. A request for review must be made and determined within 6 months of the date of receipt of this Notice of Determination; or

36.2. Appeal to the Land and Environment Court within 6 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.


2 48 ETELA STREET, BELMORE: DEMOLITION AND CONSTRUCTION OF SIX TOWNHOUSES WITH BASEMENT CAR PARKING, FRONT FENCE AND STRATA SUBDIVISION

FILE NO: 296/48D


WARD: CENTRAL

D/A No: DA-366/2012

Applicant:

Owner:

Silvana Moussalem

J.F. Coleman & V. D. Rose

Zoning: Residential 2(c) under LEP 178 – Belmore/Lakemba Precinct

Application Date: 18 September 2012 – Additional information received 20 November 2012, 21 January 2013 & 22 January 2013

Summary:

• A Development Application has been received for the demolition of existing structures and construction of six townhouses with basement level car parking, front fence and Strata title subdivision.

• The subject site is zoned Residential 2(c) under the provisions of Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct) and the proposed development is permissible with consent.

• The application has been assessed against the relevant provisions of the Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct), Development Control Plan (DCP) 13 – Multiple Unit Development Code, DCP20 – Car Parking, DCP 29 – Crime Prevention Through Environmental Design, DCP37 – Energy Smart Homes, Fencing Code, DCP 45 – Landscaping, and DCP 48 – Waste Management and is found to comply with all the relevant requirements.

• The proposal was publicly notified in accordance with the requirement of our DCP 32 – Notification Policy. One submission was received which is in the form of a petition signed by 38 people from 23 households. Issues raised as part of the objections include car parking, privacy, height, bulk, density and impacts on solar access to neighbouring properties.

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


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


48 ETELA STREET, BELMORE: DEMOLITION AND CONSTRUCTION OF SIX TOWNHOUSES WITH BASEMENT CAR PARKING, FRONT FENCE AND STRATA SUBDIVISION (CONT.)

Report:

Site Details The subject site is located on the southern side of Etela Street, between Burwood Road to the west and Sudbury Street to the east. The subject site has a frontage of 16.155m and a total land area of 1004sqm. Existing development on the site includes a single dwelling with associated outbuildings. Surrounding land uses are predominantly commercial and residential with a Church building directly to the west.

Proposal The proposal involves the construction of a townhouse development including 6 townhouses consisting of 2 x 2 bedroom, 3 x 3 bedroom and 1 x 4 bedroom dwellings, with associated basement level car parking for 11 vehicles. Each dwelling will have direct internal access to their individual parking spaces. Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:

• Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct (CLEP 178)


• State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX)

• Development Control Plan 13 – Multiple Unit Development (DCP 13)

• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29)

• Development Control Plan 37 – Energy Smart Homes Code (DCP 37)

• Development Control Plan 45 – Landscaping (DCP 45)

• Development Control Plan 48 – Waste Management (DCP 48)

• Fencing Code



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

• Canterbury Section 94 Contributions Plan Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge:

• Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct (CLEP 178) The site is zoned Residential 2(c) under the Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct. The construction of townhouse developments with basement car parking are permissible in the zone subject to Council consent.

Before Council can grant consent to a development, Council must consider the objectives of the zone. In this regard, the objectives of the Residential 2(c) zone is to achieve: (a) “Residential development allowed in the Residential “A” zone and multiple

unit housing; and (b) Development which will not detrimentally affect the residential character or

amenity of the area.” The proposed development meets the objectives of the zone in that it will be a townhouse development that will not detrimentally impact on the amenity of the surrounding area.

• Canterbury Local Environmental Plan 2012 (CLEP 2012) This site is zoned B6 Enterprise Corridor under CLEP 2012. The controls applicable to this application are:

Standard Requirement Proposal Complies Zoning R4 – High Density

Residential Multi dwelling housing permissible

Yes

FSR 0.9:1 0.75:1 Yes

Building height 11.5m 8.4m Yes

However, the savings controls listed in Clause 1.8A of CLEP 2012 prevent any determinative weighting from being afforded to its provisions in respect to this application.

� State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) (SEPP 2004 – BASIX)

BASIX Certificate 446249M, dated 14 September 2012 accompanies this application. The commitments to be shown on the Development Application (DA) plans includes the planting of low water use species of landscaping, the installation of 2000Litre water tanks for each dwelling, installation of 4 star instantaneous gas hot water systems in dwellings, natural lighting and insulation of floors and walls. The DA plans submitted illustrate the above mentioned commitments made in the BASIX Certificate which are considered to meet the objectives of SEPP 2004.



� Development Control Plan 13 – Multiple Unit Housing (DCP 13) The subject site is within Density 4 as identified in the density maps of DCP 13. The proposed building compares to Council’s Multiple Unit Code as follows: Standards Requirements Proposal Complies

Density 110sqm/medium dwelling 175sqm/large dwelling (110 x 2) + (175 x 4 ) = 920sqm

1004sqm Yes

Width of Site Min frontage of site = 15m (fronting local street)

16.155 m Yes

Landscaped Open Space

55sqm/medium dwelling 72sqm/large dwelling (55 x 2) + (72 x 4) = 398sqm – 15% for townhouses =338.3

430.5sqm Yes

Private Open Space (POS)

Medium dwellings min 7m2

POS >7sqm/dwelling Yes

Large dwellings min. 9m2 POS >9sqm/dwelling

Yes

POS not overlooked from

adjoining properties.

POS of all dwellings is located to minimise overlooking from adjoining properties

Yes

POS directly accessible from living areas of each dwelling

POS areas directly accessible from the living areas of all dwellings

Yes

Min dimension of POS 2m x 2m

POS has minimum dimensions 2m x 2m

Yes

Front boundary setback

Single storey = 6m 2 storeys = 7.5m (Min.) Open balconies may encroach front setback by 1m

7m 7.5m Balcony encroaching by1m

Yes Yes Yes

Side and rear setbacks

Townhouses Walls with windows - 3m for single storey - 4m for two storey

East (side) >3m at ground level 4m at two storey

Yes Yes

Encroachment on 25% of

required side/rear setback can

be considered provided that:

- Average required setback is

maintained

- Encroachment is evenly

distributed

- No adverse impact on

neighbouring property

- 3m for two storey

West (Side) >3m at ground level 3.29-4m at two storey

Yes

Yes* (refer to

permitted encroachments)

South (Rear) 4m at ground level 4m at two storey

Yes Yes

The required setback is maintained for the average

Yes



Standards Requirements Proposal Complies

of the western side setback and the encroachments will not have any adverse impacts on the neighbouring Church.

Building Height Two storey = 7.2m (Max) 2 storeys = 7.2m (skillion roof but ceiling lining still under 7.2m height limit)

Yes

Clothes drying facilities for each dwelling

Provision of a dryer or external clothes line per dwelling

External clothes lines provided.

Yes

Storage space per dwelling

Storage space = 5m2 to be provided per dwelling in parking area or basement

Min 5m2 per dwelling provided in basement

Yes

Letter boxes Letter boxes in accordance with Australia Post requirements

Letter boxes located at the front boundary

Yes

As demonstrated in the table above, the proposed development complies with the provisions of DCP 13.

• Development Control Plan 20 – Car Parking (DCP 20) DCP 20 aims to ensure that development provides adequate off-street car parking and access arrangements. The DCP provides specific parking rates for various development types. The proposed development compares to DCP 20 as follows:

Standard Requirement Proposal Complies Residential 2 bedroom unit = 1.2 spaces 3/3+ bedroom unit= 2 spaces Visitor Spaces (1 per 5 units)

2 x 2 bedroom= 2.4spaces 4 x 3 bedroom= 8 spaces Total number of spaces required = 10.4 spaces 1 space Total: 11 spaces

11 spaces 1 space Total: 12 spaces

Yes

1 bicycle space per 5 units or part thereof & Visitors –1 bicycle space per 10 units or part thereof.

Residents = 0.8 bicycle spaces Visitors = 0.4 bicycle spaces Total 1 bicycle space

2 bicycle storage areas in basement

Yes

The proposed development complies with the car parking requirements of DCP 20. However, to improve the safety and security of the basement garage it is recommended that the following condition be imposed:



“The Construction Certificate Plans must show the installation of a security shutter and intercom system at the entrance to the basement garage so as to improve the safety and security of the basement garage area. Provision must be made to ensure that all townhouses are capable of opening the security shutter via an intercom system to allow visitors to the site to access the visitor car space.”

Whilst it is acknowledged that this condition would effectively create a non-compliance with the visitor car parking location requirements outlined in Table 3(a) of DCP 20, given that the visitor car space will be located behind the security shutter, it is considered the benefits of installing the security shutter far outweighs full compliance with this control given the proposed design. The visitor car space will still remain accessible to all visitors to the site, however access to the space would be controlled by residents of the complex.

• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29) The development application has been assessed against the relevant controls of our DCP 29. The policy adopts three main principles which aim to reduce the likelihood of criminal activity, including natural surveillance, access control and ownership. The proposal compares to the requirements of DCP 29 as follows:

Standards Requirements Proposal Complies Natural Surveillance

Avoid blind corners. Provide natural surveillance for public/ communal areas. Clearly visible entries. Entrances, exits, service areas and car parking should be well lit.

The proposed development does not include blind corners and provides natural surveillance of public areas. The developments entrance is clearly visible from adjoining properties. Concern is however raised in relation to the basement car park.

No – see comment

below

Access Control

Clear entry points. Landscaping not to obstruct surveillance.

The proposal includes clearly delineated access points. The proposal does not include significant fencing or landscaping works that will obstruct natural surveillance of the site.

Yes

Ownership Create a ‘cared for’ image. Use materials which reduce opportunity for vandalism. Express a sense of ownership and reduce illegitimate use/ entry.

Materials and finishes proposed will reduce opportunity for vandalism.

Yes



As highlighted, the proposal is consistent with the terms and requirements of our Crime Prevention Through Environmental Design Code. Conditions will be included requiring the installation of lighting along the pathways to encourage greater surveillance of the site and the installation of a security shutter and intercom system to improve security of the basement car park.

• Development Control Plan 45 – Landscaping (DCP 45) Our Landscape Architect has reviewed the proposed development under the provisions of Canterbury Development Control Plan 45 – Landscaping and has raised no objections to the proposal subject to conditions being imposed.

• Development Control Plan 48 – Waste Management (DCP 48) The proposed development includes a bin presentation area that is within 15m of the kerb. Conditions of consent have been included requiring that the bin presentation area be setback 2 metres from the front boundary to allow an overland flow path to the proposed drainage pit located in the north western corner of the site and to ensure that the waste area is fenced and consistent with the construction requirements of DCP 48.

• Fencing Code The proposed development includes a 1.2m high masonry fence along the front boundary, with metal slat panel in-fills. The proposed fence is in keeping with the provisions of the Fence Code in terms of height and design.

Notification The development application was placed on notification for 14 days as required by our Notification Policy (DCP 32). One submission was received in the form of a petition signed by 38 people from 23 households. Issues raised include:

• Density and bulk of building is not acceptable Comment The proposed development complies with the density, setback and height controls of Council’s DCP 13 – Multiple Unit Development Code. The design of the proposed townhouses with skillion roofs is considered to further reduce the apparent bulk of the buildings.

• Reduced street parking due to proximity to Church and school Comment The proposed development exceeds the minimum off-street car parking required under Council’s Codes. The development also includes a visitor’s parking space. The impact of this development on the availability of on-street parking is expected to be minimal.

• Loss of privacy and sunlight Comment Given the orientation of the subject allotment of land, the neighbouring developments will receive minimum 2 hours of solar access as per the requirements of DCP 37 –



Energy Smart Homes. The proposed development includes first floor balconies on the western elevation, which overlook the neighbouring church building and associated car parking areas. A condition of consent has been included to provide privacy screening above the balustrades of the balconies on the western elevation of the building to maintain an acceptable level of privacy between the buildings.

• Does not match streetscape Comment The existing streetscape is made up of a mix of multiple unit buildings, single dwellings and places of worship, with the Belmore Town Centre also in proximity at the western end of the street. The proposed townhouse development is in keeping with the existing and likely future character and streetscape of the area based on the zoning provisions of the area.

• High Roof Comment The proposed development complies with the maximum height provisions of DCP 13 – Multiple Unit Development Code. The height of the roof is not excessive for this type of development.

• Not enough open space and parking on site Comments The proposed development complies with the car parking and open space requirements depicted in DCP 13 - Multiple Unit Development Code and is therefore acceptable.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies and is considered satisfactory and therefore recommended for approval.

RECOMMENDATION:

THAT Development Application DA-366/2012 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE


• Structural Engineering Plan including method of shoring during excavation



• Landscape Plan

• Hydraulic Plan

• Sydney Water Notice of Requirements



• Fire Separation

• Soil and Waste Management Plan

• Basix Certification

• Ventilation of basement carpark in accordance with AS 1668.2

• Evidence of compliance with Conditions 8.1, 8.2, 8.3, 9, 14 and 15 of this consent.

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

3. Payment to Council of: Kerb and Gutter Damage Deposit $3,075.00 Section 94 Contributions $71,637.96 Certificate Registration Fee $36.00 Long Service Levy $4,900.00

3.1. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $3,835.00 Inspection Fee $1,618.00 Occupation Certificate Fee $455.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.






4.4. In the case of work which includes residential development, you must inform us in writing before the commencement of work of the following: 4.4.1. The name and contractor or licence number of the licensee who has

contracted to do or intends to do the work; or 4.4.2. The name and permit number of the owner-builder who intends to do

the work. INSURANCE

5. If it is intended to engage a builder or licensed contractor to do the work where it is valued over $20,000 and is not a multi storey building then this person must take out home building insurance with a private insurer. The builder or person doing the work must also satisfy Council that they have taken out an insurance policy by producing



evidence of the insurance certificate or other documentation. Further information on insurance requirements is available from the Department of Fair Trading (NSW Consumer Protection Agency) on 1800 802 055.

SITE SIGNAGE

6. A sign shall be erected at all times on your building site in a prominent position stating the following: 6.1. The name, address and telephone number(s) of the principal certifying authority

for the work, and 6.2. The name of the person in charge of the work site and a telephone number at

which that person may be contacted during and outside working hours, and 6.3. That unauthorised entry to the work site is prohibited.

DEMOLITION

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

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

(b) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales.

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

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

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

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

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

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

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

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

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

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



hours). (m) Toilet facilities must be provided to the work site in accordance with

WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the NCC.

(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the Global Lead Advice and Support Service on 9716 0132 or 1800 626 086 (freecall), or at www.lead.org.au

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

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

GENERAL

8. The development being carried out in accordance with the plans, specifications and details prepared by Virtual Y Designs, dated 14 September 2012 and November 2012 and marked Drawing Plan No.: DA 100, 102, 202/B, 301 as received by Council on 19 September 2012 and 20 November 2012, marked Drawing Plan No. DA 201/C, dated Jan 2013, as received by Council on 21 January 2013, and DA 401/B, dated Jan 2013 as received by Council on 22 January 2013, except where amended by the conditions specified in this Notice.

8.1 The Construction Certificate Plans must show the waste presentation area and associated screening having a setback of 2.0 metres from the front boundary so as to allow an overland flow path to the drainage pit located in the north western corner of the site. The courtyard and associated fencing of Townhouse 1 must also be amended to accommodate this design change. 8.2 The Construction Certificate Plans must show the waste presentation area being fenced / screened to a maximum height of 1.2metres. The waste presentation area, pathway width and gate width must satisfy the construction requirements outlined in DCP 48 & Part 6.9.4.2 of Canterbury Development Control Plan 2012. 8.3 The Construction Certificate Plans must show the installation of a security shutter and intercom system at the entrance to the basement garage so as to improve the safety and security of the basement garage. Provision must be made to ensure that all townhouses are capable of opening the security shutter via an intercom system to allow visitors to the site to access the visitor car space. 9. The first floor balconies along the western elevation must have 1m high solid

balustrade with 500mm of privacy screening attached above along the perimeter of the balconies to protect the privacy of neighbouring properties.

10. Twelve (12) off-street car spaces being provided in accordance with the submitted plans.

11. Signage being erected for the visitor/common car space to notify and allow people to use the designated space.



12. A contribution being paid to Council in accordance with Council’s Section 94 Contributions Plan. The amount of the contribution has been assessed as $71,637.96. This amount is made up from the following components:

Acc. Type of Contribution Amount 711 Open Space Acquisition $34519.59

712 Recreation Facilities $5793.23

713 Community Facilities and Services $18368.75

714 Environmental Amenity Improvements $7154.08

715 Traffic Control and Management $1218.63

717 Research, Monitoring & Administration fee (7% of the total contribution) $4583.68

Total Amount Payable $71637.96

The contribution is to be paid to Council in full prior to the release of the Construction Certificate, (or for a development not involving building work, the contribution is to be paid to Council in full before the commencement of the activity on the site,) in accordance with the requirements of the Contributions Plan.

13. Finishes and materials including the treatment of external walls, roofing, balcony balustrades, fences, windows and doors being in accordance with the finishes sample sheet prepared by Virtual Y Designs, as received by Council on 18 September 2012. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

14. A dilapidation report/photographic survey prepared by an appropriately qualified engineer is to be undertaken of the adjoining properties being 50-52 Etela Street and 46 Etela Street, Belmore detailing the physical condition of the property, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate. On completion of the excavation and building works and prior to occupation of the building, a certificate by an appropriately qualified engineer stating to the effect that no damage has resulted to adjoining premises is to be provided to the Principal Certifying Authority. If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible and prior to occupation of the development. All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this consent.

15. A geotechnical engineering report assessing the impact and safety of the proposed works is to be prepared by a suitably qualified and experienced geo practitioner and provided to the Principal Certifying Authority prior to the issue of a Construction Certificate. The report must include the results of subsurface investigations, involving either test pits to rock, or preferably the drilling of cored boreholes (to one metre below the proposed final excavation level). The report shall describe:

• An indication and nature and depth of any uncontrolled fill at the site.

• An indication of the nature and condition of the material to be excavated.

• Indications of groundwater or seepages.

• Required temporary measures for support of excavations deeper than one metre adjacent to property boundaries.

• Statement of required excavation methods in rock and measures required to restrict ground vibrations.



• Other geo-technical information or issues considered relevant to design and construction monitoring.

All findings and recommendations of the Report are to be followed and adhered to throughout the construction process.

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

17. The windows off the stairwells, bathrooms and ensuites to be of translucent glass. 18. All materials must be stored wholly within the property boundaries and must not be

placed on the footway or roadway. 19. All building operations for the erection or alteration of new buildings must be restricted

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

20. All building construction work must comply with the National Construction Code. 21. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls

being erected more than 300mm above adjacent ground surfaces to indicate the exact location of all external walls in relation to allotment boundaries.

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

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

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

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

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

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

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

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

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

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



29. Stormwater from roof areas must be linked via a temporary downpipe to a council approved stormwater disposal system immediately after completion of the roof area.

LANDSCAPE

30. Landscape works must be completed according to the approved Landscape Plan prepared by Cedar Surveying Services (Job No. 2304L, dated on 15 Sep 2012, and received by Council on 20 Nov 2012) and with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees, except where amended by the conditions of consent. The landscaping is to be maintained at all times to the Council's satisfaction.

31. The existing street tree, 1 x Lophostemon confertus (common name Brush Box), growing on the nature strip in front of the development must be retained and protected during construction. A Tree Protection Zone (TPZ) of 4m radius from the centre of tree trunk must be observed. Minimum 1.8 meters high chain mesh fencing (with standard 50mm pitch on 2400mm star pickets driven 600mm into the ground) must be erected around the perimeter of the TPZ within the natural verge (with no obstacles onto the footpath). The fencing must be completed prior to the commencement of any site works. A 600mm x 450mm prohibition sign stating ‘TREE PROTECTION ZONE – KEEP OUT’ should be attached to the fencing. The fencing is to be well maintained during construction. No building material storage or machinery activities shall be allowed to encroach within this TPZ.

32. A minimum setback of 4m must be observed from the edge of new driveway crossing to the centre of the tree trunk.

33. A pier and beam construction method is to be utilised for the foundations of the proposed fence and utility room. Any excavation within the required TPZ is required to be completed using hand-excavation methods where any root greater than 50mm is required to be retained and the pier hole to be relocated. This work is to be completed in the presence of an arborist being a min. AQF 4 Arborist.

34. On completion of construction/works, a report should be submitted to council from the consulting arborist detailing their attendance on site and any work they completed, including any required root pruning of the tree. The report must also include the following items: a) Full name, business address, telephone numbers, evidence of qualifications and

experience of consulting arborist. b) Full address of the site c) Full name and details of the person/company the report is being prepared for.

35. The following treatments are put in place in order to minimise the damage occurring to the tree in order to ensure its survival as well as to ensure the stability of the tree in the future.

• No form of material or structure, liquid of solid, is to be stored or disposed of within the TPZ.

• All drainage run off, sediment, concrete and mortar slurry, paints and washings, toilet effluent, petroleum products and any other waste products must be prevented from entering the TPZ.

• No form of construction work or related activity such as mixing of concrete, cutting grinding, generator storage or cleaning of tools is to be permitted within the TPZ.

• No activity which will cause additional soil compaction within the TPZ. 36. If pruning of existing tree(s) is required as the site works progress, individual

application for tree pruning work must be submitted to Council, and no pruning should be carried out prior to the approval is obtained.



37. All the tree supply stocks shall comply with the guidance given in the publication Specifying Trees: a guide to assessment of tree quality by Ross Clark (NATSPEC, 2003). The requirements for height, calliper and branch clearance for 100 litre trees are as below table:

Container Size Height

(above container) Caliper

(at 300mm) Clear Trunk

Height 100 litre 2.4 metres 50mm 1.5 metres

SYDNEY WATER REQUIREMENTS

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

ENGINEERING

39. That the stormwater system be constructed in general, in accordance with the plans, specifications and details received by Council on 18th September 2012; drawing numbers 48ETEL-H, 101 B, 201 C, 301 B, 401 B prepared by Lomford Engineers and as amended by the following condition.

40. Certification from an accredited engineer must be provided to certify that all works has been carried out in accordance with the approved plan(s), relevant codes and standards.


42. All stormwater must pass through a silt arrestor pit prior to discharge to kerb and gutter. Silt arrestor pit is to be sized in accordance with clause 3.3.2 of Councils stormwater management manual ~ specification 9.

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

44. An on-site stormwater detention system OSD must be provided if the post-development impervious area is greater than or equal to 70% of the total site area.

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



46. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an accredited professional in accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

47. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 6 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.


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

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

51. The driveway grades shall be in accordance with Australian Standard AS 2890.1"Off-street Parking Part 1 - Carparking Facilities".

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

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

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



55. The granting of service easements within the properties to the satisfaction of Council or private certifier. Costs associated with preparation and registration of easements to be borne by the developer.

56. All easements required for the subdivision being shown on and registered in conjunction with the subdivision plan.

SUBDIVISION

57. Satisfactory completion of all conditions of this consent prior to release of final plan of subdivision.

58. The submission of one final plan of subdivision and five copies.


59. Class 2, 3 or 4 Buildings 59.1. at the commencement of the building work, and 59.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of

rooms with wet areas within the building, and 59.3. prior to covering any stormwater drainage connections, and 59.4. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 59.5. at the commencement of the building work, and 59.6. prior to covering any stormwater drainage connections, and 59.7. after the building work has been completed and prior to any occupation





WE ALSO ADVISE: 62. This application has been assessed in accordance with the National Construction Code. 63. Where Council is appointed as the Principal Certifying Authority, you will be required

to submit Compliance Certificates in respect of the following:


• Final fire safety certificate

• Waterproofing

• Glazing 64. Any works to be carried out by Council at the applicant’s cost need to be applied for in

advance. 65. When the above conditions have been complied with, the applicant should lodge the

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



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




70. If you are not satisfied with this determination, you may: 70.1. Apply for a review of a determination under Section 82A of the Environmental

Planning and Assessment Act 1979. A request for review must be made within 6 months of the date of this Notice of Determination and be accompanied by the relevant fee; or

70.2. Appeal to the Land and Environment Court within 6 months after the date on which you receive this Notice of Determination, under Section 97 or Section 97AA of the Environmental Planning and Assessment Act 1979. This period is reduced to 6 months for applications lodged on or after 28 February 2011.


3 41 CLEARY AVENUE, BELMORE: REVIEW OF DETERMINATION OF DEVELOPMENT APPLICATION FOR ALTERATIONS, ADDITIONS AND CONVERSION OF AN EXISTING DWELLING TO A CHILDCARE CENTRE

FILE NO: 185/41D


WARD: CENTRAL

D/A No: RE-22/2012

Applicant:

Owner:

Mr L M Joukhador

As above

Zoning: Residential 2(a) under LEP 178 – Belmore/Lakemba Precinct

Application Date: 3 December 2012 – Additional information received 10 January 2013

Summary:

• Αn application pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 has been received for the review of a development application that was refused for the use of an existing dwelling as a childcare centre and associated alterations and additions to the building. The original Development Application (DA189/2012) was refused due to the development being inconsistent with our car parking controls, DCP 25 – Childcare Centres, and the Residential 2(a) zone objectives of Local Environmental Plan 178 (Belmore/Lakemba Precinct).

• The subject site is zoned as Residential 2(a) under the provisions of Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct) and the proposed childcare centre is permissible with consent.

• The application has been assessed against the relevant provisions of the Canterbury Local Environmental Plan 178 (Belmore/Lakemba Precinct), DCP 9 – Non Residential Buildings Adjoining Residential Zones, DCP 20 – Car Parking, DCP 25 – Child Care Centres, DCP 29 – Crime Prevention Through Environmental Design, DCP 45 – Landscaping, and DCP 48 – Waste Management and is found to comply with all the relevant requirements, with the exception of the site being within 30m of a major road (Lakemba Street).

• Our Team Leader Design has reviewed the application and provided the drop-off/pick-up zone is established minimum 30m from the intersection of Lakemba Street, no objections are raised to the approval of this application.

• The proposal was notified in accordance with the requirement of our DCP 32 – Notification Policy. Two submissions were received one of which is in the form of a petition signed by 58 persons from an unknown number of households (No addresses provided on petition). Issues raised as part of the objections include noise, traffic, and parking impacts on neighbouring properties.

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


41 CLEARY AVENUE, BELMORE: REVIEW OF DETERMINATION OF DEVELOPMENT APPLICATION FOR ALTERATIONS, ADDITIONS AND CONVERSION OF AN EXISTING DWELLING TO A CHILDCARE CENTRE (CONT.)


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

Report:

Background On 10 October 2012 Council’s Development Assessment Panel refused DA-189/2012 which involved alterations and additions to the existing dwelling to enable its use as a childcare centre due to non-compliance with car parking and design not being in accordance with DCP 25 – Childcare Centres. Due to these non-compliances the development was not successful in demonstrating that the development will not detrimentally affect the residential character or amenity of the area which is an objective of the zone. Site Details The subject site is located on the eastern side of Cleary Avenue, just before its intersection with Lakemba Street in Belmore. The land is irregular in shape with a frontage of 22.86m, which tapers down to 6.096m at the rear boundary and with a total land area of 545sqm. The existing development on the site includes a single storey brick house with a detached garage on the northern side, and a detached outbuilding at the rear. The land is relatively flat with a slight fall toward the northern side. Surrounding land uses are predominantly residential and industrial.

Proposal The proposal involves alterations and additions to the existing dwelling to enable its use as a childcare centre. The proposed childcare centre will have 30 children in the following age groups:

• 8 x 0-2 year olds





A room will be provided for the 0-2 year olds at the front portion of the buildings together with a staff/directors room and pantry/kitchen area. A combined play room for 2-3 year olds and 3-5 year olds is proposed toward the rear. An outdoor play area is proposed on the northern side of the buildings. Two staff parking spaces will be provided on the south-eastern side of the building in stacked formation, while an accessible space is proposed within the front setback area. Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:

• Section 82A of the Environmental Planning and Assessment Act 1979

• Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct (CLEP 178)


• Development Control Plan 9 – Non Residential Buildings Adjoining Residential Zones (DCP 9)

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

• Development Control Plan 25 – Child Care Centres (DCP 25)

• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29)

• Development Control Plan 45 – Landscape (DCP 45)

• Development Control Plan 48 – Wash Management (DCP48)

• Stormwater Management Manual Specification 9 Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge:

• Section 82A of the Environmental Planning and Assessment Act 1979 Section 82A of the Environmental Planning and Assessment Act 1979 allows us to reconsider the determination of an application. In this instance, the applicant seeks a review of our decision to refuse DA 189/2012. This section of the Act does allow a DA initially refused to be reviewed favourably and subsequently approved.

• Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct (CLEP 178) The site is zoned Residential 2(a) and the proposed childcare centre is permissible with consent. The objective of the Residential 2(a) zone is to achieve development which will not detrimentally affect the residential character or amenity of the area. The proposed development is in keeping with the residential character of the area.



Under Clause 14(1) of Local Environmental Plan 178, the maximum floor space for non-residential development in a Residential 2(a) zone is 0.5:1.The subject development has a floor space of 0.3:1 which complies with this development standard.

• Canterbury Local Environmental Plan 2012 (CLEP 2012) This site is zoned R3 Medium Density Residential under CLEP 2012. The controls applicable to this application are:

Standard Requirement Proposal Complies Zoning R3 Medium Density

Residential Childcare centres are permissible in the zone.

Yes

FSR 0.5:1 0.3:1 Yes

Building Height

8.5m Maximum of 5.6 metres Yes

However, the savings controls listed in Clause 1.8A of LEP 2012 prevent any determinative weighting from being afforded to its provisions in respect to this application.

• Development Control Plan 9 – Non Residential Buildings Adjoining Residential Zones (DCP 9) The purpose of this plan is to minimise the impact that non-residential activities could have on adjoining residential properties, by preserving privacy, solar access and the general amenity. The building standard that applies is in respect to a building height plane, which is projected off the site at a 45º angle extending from 1.8m above natural ground level at the boundary of the adjoining residential property. The only portions of the building that are within the building height plane are at the rear northern and eastern ends of the side walls of the building which are marginally within the building height plane for a length 2.5m and 3.6m respectively and contain no windows. The portions of building that are within the building height plane will not impact on the solar access, privacy or general amenity of neighbouring properties particularly given the noise attenuation measures that will be undertaken in line with the recommendations of the Acoustic Report submitted with this application. Council may consider variations to the above requirements provided that the objectives of the DCP are met. Having regard to the above commentary, it is considered that the objectives to preserve privacy, solar access and general amenity are met. On this basis, the proposal satisfies the requirements of DCP 9.



• Development Control Plan 20 – Car Parking (DCP 20) The proposal compares to DCP 20 in the following manner:

Standard Required Proposed Complies Car Parking

5 staff (1 per 2 staff) Therefore, 3 car spaces, 2 bicycle spaces

- 2 car spaces stacked on side setback and one accessible space in front building line

- 2 bike rack

Yes – see comment below Yes

Manoeuvring

To be suitably sign posted, drained and linemarked

Signposting not shown on plans – can be condition of consent

Yes* subject to condition

On-street sign posting

Suitably sign posted parking facility to be provided on the street.

Signposted drop off pick-up area proposed in front of the site.

Yes

As demonstrated in the above table, the proposed development does not strictly comply with the off-street car parking requirements of DCP 20. The proposal involves two parking spaces in stacked formation behind the front building line and one accessible space in the front setback area, which is not compliant with Council’s requirement for all parking to be provided behind the front building line. However, Clause 2.3 of DCP 25 – Childcare Centres allows a reduction to the required number of car parking spaces where the centre allocates a minimum of 25% of the places to 0-2 years olds and where this reduction is supported by an accompanying traffic and parking analysis. In this instance, the proposal involves 30 children, 25% of which would be 7 children. The proposal includes 7 children 0-2 years, therefore qualifying for this exemption. As such, the proposed childcare centre would comply with the numerical controls with the two parking spaces that are proposed behind the front building line. The third space is provided to comply with the disability access requirements as an accessible parking space. The subject space can only be provided forward of the building line as it requires sufficient space on the side as a ‘share zone’ to allow drivers to enter and exit their vehicles as per current Australian Standards. Neighbouring developments include dual occupancy developments where the second parking spaces for each dwelling have been provided within the front building line as allowable under the Dual Occupancy Code. As such, the one parking space in the front setback will be in keeping with the existing streetscape, and the share zone being located behind the other two stacked spaces will also allow access to those spaces independent of the disabled space. As such, the proposed parking arrangement is acceptable.



� Development Control Plan 25 – Child Care Centres (DCP 25) The proposal compares to DCP 25 in the following manner:

Standard Required Proposed Complies Frontage Minimum 20m 22.86m Yes

Location To be located near community focal points

Located in the vicinity of North Belmore Public School and Belmore Town Centre

Yes

To be at least 400m walking distance from another childcare centre

Nearest childcare centre, at 700m walking distance.

Yes

Not within 30m of a major road

Within 30m of Lakemba Street, which is a main road.

See comment below

Design Max 1 storey 1 storey Yes

Building ‘residential’ in appearance

Building will be residential in appearance

Yes

Maximum 40 Children 30 Children Yes

Landscape and play areas

Optimally 10m² per child, minimum 7m² per child (210m²) behind the front building line

224m² at rear or 7.5m² per child

Yes

Direct access to toilets Direct access to toilets available for older children.

Yes

Outdoor play areas easily supervised

Outdoor play areas easily supervised

Yes

Separation between babies and older children

Separation available between babies and older children

Yes

Hours of operation

7.00a.m-7.00p.m Mon-Fri 7.00a.m to 7.00p.m Mon-Fri

Yes

As demonstrated by the above table, the proposal generally complies with the provisions of DCP 25 with the exception of the distance of the property to a major road. Council’s Team Leader – Design has reviewed the traffic report and other details submitted by the applicant and raised no objection to the proposal as the amended design and reduced number of children being accommodated on the site reduces the number of drop off/pick-up spaces to two (where previously three spaces were required). With the cancellation of the third drop-off space, the two spaces would be in excess of 30m from Lakemba Street, which in the opinion of our Team Leader – Design is in line with the intention of DCP 25 – Child Care Centres.



• Development Control Plan 29 – Crime Prevention Through Environmental Design (DCP 29) The proposal compares to DCP 29 in the following manner: Standard Required Proposed Complies Natural Surveillance

Lighting to be left on after hours, or to be sensor lighting

Condition can be included requiring external sensor lighting

Yes

Main entrances to be located near the street

Main entrance will be fronting Cleary Avenue

Yes

Staff entrance to be separated from main entrance

Staff entrances same as main entrance. The use is such that this is appropriate.

Yes

Blank walls not facing the street

No blank walls will result from the proposal.

Yes

Access Control Adequate lighting to be provided to entry/exit points

Lighting details not provided – can be condition

Yes

Ownership Building to project sense of ownership

Building projects a sense of ownership

Yes

The proposal therefore complies with the provisions of DCP 29.

• Development Control Plan 45 – Landscape (DCP 45) The proposal has been reviewed by our Landscape Architect who raises no objections subject to conditions which have been included in the recommendations.

• Development Control Plan 48 – Waste Management (DCP 48) The proposal was reviewed by Council’s Waste Officer. The proposal indicates sufficient waste areas. In this regard, the proposal satisfies the requirements of DCP 48.

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

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

Referrals

• Traffic Council’s Team Leader – Design has reviewed the traffic report and other details

submitted by the applicant. No objections were raised as the amended design and proposal can now adequately accommodate the two required drop off /pick up spaces adjacent to the development in Cleary Avenue. Furthermore, the drop off/pick up zone is now located more than 30m from Lakemba Street, which is consistent with the intention of DCP 25.



• Manager Children Services The proposal has been reviewed by our Manager Children Services who is satisfied

with the design of the proposal in terms of indoor space and storage, and the revised location of play areas.

� Environmental Health and Compliance

Our Environmental Health Officer has reviewed the proposed development and has recommended conditions of consent to ensure that the development does not impact on the amenity of neighbouring residents by way of noise.

• City Works Our City Works Division has reviewed the application and have not raised any issues regarding the indentation in the existing footpath area to create the proposed drop-off/pick-up area in front of the subject site. The works to Council’s property will have to be coordinated with our City Works Division at detailed design and construction stage. A condition of consent to this effect has been included .

Notification The development application was placed on notification for 14 days as required under Council’s Notification Policy (DCP 32). Two submissions were received in regard to the application, one of which is a petition signed by 58 people. We are unable to identify the number of households this includes, and whether all signatures are from within the vicinity of the site as there are no addresses specified for the petitioners. Issues raised by adjoining residents are addressed as follows:

• This application should be refused as with the previous application as the parking and traffic matters remain unchanged. The nearby smash repairs business parks cars awaiting repairs in the street which causes parking issues which this childcare centre will exacerbate. Comment The design of the proposed development has been amended together with the number of children being accommodated within the centre from 35 to 30. These amendments reduce the number of on-street drop-off/pick-up spaces from three spaces to two spaces. The amendments also allow for the time limited drop-off/pick-up area to be more than 30m from the intersection with Lakemba Street. As such, the application now complies with the requirements of DCP 25 – Child Care Centres and DCP 20 – Car Parking in terms of parking and traffic. The parking issues caused by the nearby smash repairs will be referred to our Regulatory Services Section for investigation. However, the time-limited parking that will be available in front of the subject site will ensure that there is no long term parking there, which will allow for normal resident parking outside of peak drop-off and pick-up times in the morning and afternoon.



• Noise and potential damage to fences from kids play areas

Comments Our Environmental Health and Compliance Officer has reviewed the Acoustic Report submitted with the application and has requested that conditions of consent be imposed requiring compliance with the recommendations of the Acoustic Report to limit noise impacts on neighbours. The report recommendations, amongst other requirements, includes the installation of a gap-free sound barrier fence along the south-eastern and north-western boundaries to minimise potential noise impacts on adjoining properties. With respect to damage to fencing caused by children, given the ages of children at the centre, and the general methods of play at such centres, fence damage is not expected to occur from children playing and is not a reason to refuse development consent.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies and is recommended for approval. The application has been sufficiently amended to address the non-compliances previously identified with this application that had consequently led to its refusal. The application involves works to Council’s assets including the creation of an indented drop-off/pick up zone in front of the site by cutting into the existing footpath area. This process is required to be coordinated with Council’s City Works Division. As mentioned in the body of this report, in principle our City Works has not raised any specific issues regarding this work.

RECOMMENDATION:

THAT the application for review under Section 82A of the Environmental Planning and Assessment Act 1979 be supported and Development Application 189/2012 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE


• Protection from termites

• Structural Engineering Plan



• Landscape Plan

• Hydraulic Plan

• Compliance with the provisions of the Disability (Access to Premises- Buildings) Standards 2010

• Soil and Waste Management Plan

• Approval from Council’s City Works for design of indented drop-off/pick-up area.

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



1.3. Payment to Council of: Kerb and Gutter Damage Deposit $3075.00 Certificate Registration Fee $36.00 Long Service Levy $945.00

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $1688.00 Inspection Fee $783.00 Occupation Certificate Fee $190.00

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






2.4. In the case of work which includes residential development, you must inform us in writing before the commencement of work of the following: 2.4.1. The name and contractor or licence number of the licensee who has

contracted to do or intends to do the work; or 2.4.2. The name and permit number of the owner-builder who intends to do

the work. INSURANCE

3. If it is intended to engage a builder or licensed contractor to do the work where it is valued over $20,000 and is not a multi storey building then this person must take out home building insurance with a private insurer. The builder or person doing the work must also satisfy Council that they have taken out an insurance policy by producing evidence of the insurance certificate or other documentation. Further information on insurance requirements is available from the Department of Fair Trading (NSW Consumer Protection Agency) on 1800 802 055.

SITE SIGNAGE

4. A sign shall be erected at all times on your building site in a prominent position stating the following: 4.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and



4.2. The name of the person in charge of the work site and a telephone number at which that person may be contacted during and outside working hours, and

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

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

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

(b) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales.

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

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

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

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

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

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

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

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

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

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

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



(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the Global Lead Advice and Support Service on 9716 0132 or 1800 626 086 (freecall), or at www.lead.org.au.

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

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

GENERAL

6. The development being carried out in accordance with the plans, specifications and details prepared by Artiva Architects, dated 12 April 2012 and marked Drawing Plan No.: DA 01, 03, 11, 21, 22, 31 and 91 as received by Council on 3 December 2012 except where amended by the conditions specified in this Notice.

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

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

9. All building construction work must comply with the National Construction Code. 10. Three (3) off-street parking spaces being provided in accordance with the submitted

plans. 11. All car parking spaces being linemarked, numbered and signposted for the designated

users. 12. No internal or external public address system being installed. 13. The hours of operation being confined to between 7.00am and 7.00pm Monday to

Friday inclusive, with no work being carried out on weekends and Public Holidays. 14. Renewal or provision of fencing, attributable to the proposed development being the

responsibility of the developer. 15. Adequate lighting to be provided at all entry/exit points. 16. Any security lighting to be installed not to affect the amenity of the adjoining

residences. 17. Council’s warning sign for Soil and Water Management must be displayed on the

most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

TRAFFIC

18. The design of the indented area at the front of the site being reduced to accommodate two vehicles, where the indentation commences at approximately 25.8m from the kerb, whilst the first car parking is minimum 30m from the kerb at the corner of Cleary Avenue and Lakemba Street. The final design is to be approved by Council’s City Works division prior to the issue of a Construction Certificate.



19. The frontage of the site is to be signposted as a 10 minute parking zone for drop off and pick up of children during AM and PM peak hours. A plan is to be submitted to the Council's Traffic Committee for approval prior to the issue of a construction certificate. All cost associated with the proposed work shall be met by the applicant.

ENVIRONMENTAL HEALTH AND COMPLIANCE

20. The implementation of the noise control recommendations stated in the Acoustic Report prepared by Acoustic Solutions Pty Ltd, dated 17 May 2012 (amended 3 December 2012) for the subject childcare centre (reference No 2012-131 Rev.2).

21. All activity being conducted so that it causes no interference to the existing and future amenity of the adjoining occupations and the neighbourhood in general.

22. The use of the premises shall not give rise to: (a) Transmission of offensive noise to any place of different occupancy. (b) A sound pressure level at any affected premises that exceeds the background

(LA90) noise level in the absence of the noise under consideration. The source noise level shall be assessed in accordance with the NSW Environment Protection Authority Industrial Noise Policy and adjusted in accordance with Environment Protection Authority guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content.

(c) A sound pressure level at any affected premises that exceeds the recommended planning levels outlined in the NSW Environment Protection Authority Environmental Noise Control Manual;

23. The proposed use of the premises and/or machinery equipment installed, must not create noise so as to interfere with the amenity of the neighbourhood. If a noise nuisance occurs, the person in control of the premises must arrange for an acoustic investigation to be carried out (by an accredited Acoustic Engineer), obtain Principal Certifying Authority concurrence for the recommendations of the Consultant, and implement those recommendations so as to reduce the noise levels to the ambient noise level.

LANDSCAPE

24. The development being in accordance with the submitted landscape plan drawn by John Chetham and Associates Urban Designers and Landscape Architects, drawing no. CAB/LP-01/A and dated on 8th January 2013.

STORMWATER/ENGINEERING

25. That the stormwater system be constructed in general, in accordance with the plans, specifications and details received by Council on 9 January 2013; drawing number 12MB5186/D01 issue B dated 9/1/2013 by United Consulting Engineers Pty Ltd.


27. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an



accredited professional in accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

28. Childproof pool type fencing is to be installed around the full perimeter of the above ground on-site detention basin located in the front landscaped area. Any fencing or gates installed are to comply with the requirements of AS 1926.1-2007 and AS 1926.2-2007.

29. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 5.0 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.


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

PUBLIC IMPROVEMENTS

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

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

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

PARKING BAY

35. Detailed plans for the indented parking bay are to be submitted to Council for approval by Council’s Director City Works prior to the issue of a Construction Certificate. The parking bay is to be amended to commence the first parking space a minimum of 30.0 metres from the kerb line of Lakemba Street.



36. The construction of the new indented parking bay along all areas of the site fronting Cleary Avenue is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with AUS-SPEC #1 Specification C242-Flexible Pavements and C245-Asphaltic Concrete.

DISABILITY ACCESS

37. The landings on the front ramp are to be at least 1500 mm X 1500 mm. SYDNEY WATER REQUIREMENTS

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

39. The approved plans shall be submitted to the appropriate Sydney Water Quick Check agent to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details either visit Sydney Water’s web site at www.sydneywater.com.au/BuildingDeveloping/QuickCheck , or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent has appropriately stamped the plans before the issue of any Construction Certificate.


40. Class 5, 6, 7, 8 or 9 Buildings 40.1. at the commencement of the building work, and 40.2. prior to covering any stormwater drainage connections, and 40.3. after the building work has been completed and prior to any occupation





WE ALSO ADVISE: 43. This application has been assessed in accordance with the National Construction Code. 44. You should contact Sydney Water prior to carrying out any work to ascertain if

infrastructure works need to be carried out as part of your development.



45. Where Council is appointed as the Principal Certifying Authority, you will be required to submit Compliance Certificates in respect of the following:


• Protection from termites

• Smoke alarms

• Final Fire Safety Certificate

• Glazing

• Waterproofing 46. Your attention is drawn to the report accompanying the development titled

‘Assessment for Compliance with the Building Code of Australia’ which should be considered when preparing the Construction Certificate documentation.

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

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

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

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




54. If you are not satisfied with this determination, you may: 54.1. Appeal to the Land and Environment Court within 6 months after the date on

which you receive this Notice of Determination, under Section 97 or Section 97AA of the Environmental Planning and Assessment Act 1979.

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