No. 11A Fletcher Street, Tamarama – Alterations and additions to residential flat building including attic conversion, basement extension and rear balconies (DA 466/2009). Report dated 9 July 2010, from the Development & Building Unit. Recommendation: That the application be approved in accordance with the attached report. Referred to the Development Control Committee based on monetary contribution aspect of application. Development Assessment Report of Multi Unit Housing Development Application No. DA 466/2009 Address 11A Fletcher Street, Tamarama Lodgement Date

31 August 2009. Amended 25 February and 1 April 2010

Proposal

Alterations and additions to residential flat building including attic conversion, basement extension and rear balconies

Zoning and relevant controls

Residential 2(b) Medium Density according to Waverley LEP 1996

Waverley Development Control Plan (WDCP) 2006

Owner Effy's Building Services Pty Limited Applicant ISA Designs Submissions Two submissions received Issues Housing contribution Recommendation That the application be APPROVED Site Map

195

1. PREAMBLE

1.1 The Site and its Locality The site is located on the southern side of Fletcher Street near its intersection with Glen Street, Tamarama. The site is generally rectangular in shape with the exception of a splayed frontage of 12.89m to Fletcher Street, a length of 36.48-40.755m and a site area of approximately 470.7sq.m. The land is orientated north to south and has a fall towards the rear boundary of between 2.5 - 4m. Existing on the site is a 2 storey residential flat building containing 6 units with basement storage at the rear of the building (mainly due to fall in land towards the rear). There is a driveway running along the western side of the property leading to a double garage at the rear with communal laundries beneath (due to sloping nature of site). A communal garage is located at the rear on the lower level of the site. The street contains a mixture of free standing and semi detached dwellings and residential flat buildings. The site is not listed as an item of heritage significance, nor is it within a heritage conservation area or residential character study area.

1.2 Background A search of Council records indicate no relevant property history. In regards to the subject application, the following background is applicable: 31 August 2009: Application lodged with Council. The application was notified for fourteen (14) days to adjoining property owners and two submissions were received. 9 November 2009: The application was deferred to address the following issues of concern:

Fire Safety and Building Code of Australia Compliance; Low Rental Housing request for further information.

Ongoing discussions between the applicant and Council Officers occurred whereby amended documentation was formally lodged with Council on 1 April 2010. The application is assessed having regard to the original submission in light of the amended documentation received to Council on date 1 April 2010.

1.3 Proposal Description The following alterations and additions to the existing residential flat building are proposed:

Extensive internal reconfiguration to all units; Provision of laundries within each unit, allowing for the communal laundries at the rear

of the site (beneath garages) to be converted into storage areas; Extension of unit 3 (on ground floor) into basement level at the rear of the building;

196

Additions to roof form to convert into habitable attic space for the extension of units 5A and 5B (on first floor), to provide an additional bedroom with ensuite and rear balcony to each of these units with dormers to either side.

New balconies to the rear of the building for ground, first floor and attic levels.

2. ASSESSMENT The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 State/Regional Environmental Planning Policies SEPP 65 – Design of Residential Flat Development: The proposal is for alterations and additions to an existing residential flat building predominantly seeking internal alterations with the exception of the construction of dormers and balconies to the building. As such the application was not referred to the Joint Randwick/ Waverley Design Review Panel for comments. In any case, the proposal is considered to be generally acceptable in terms of the SEPP 65 Principles as the scale and built form reflect the overall massing of the building. State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009 SEPP Affordable Rental Housing 2009 is applicable in the assessment of this application given the nature of the proposed development. This aspect is discussed in further detail in section3 of the report.

2.1.2 Waverley Local Environmental Plan 1996 LEP 1996 – Compliance Check Control

Compliance

Clause 3 – Specific Aims Yes Clause 10 – Zone (2b) Objectives Yes Clauses 21-26 - Environmental Considerations Yes Aesthetic appearance from the Beach, arterial road, open space Yes Heritage Provisions N/A

The site is zoned Residential 2(b) under Waverley LEP 1996. The site is not listed as a heritage item and is not within a conservation area under Council’s controls. As indicated, the proposal includes alterations and additions to the existing building, external works including the construction of balconies to the rear units and two dormers to the roof towards the rear section of the building above unit 5A and 5B. The proposal is considered to be generally consistent with the objectives of the zone as it provides for increased amenity to the units in a sort after locality while maintaining the amenity of the locality. The proposal is considered unlikely to adversely impact on the streetscape by keeping the size and proportion of the alterations to reflect the overall massing and character of the building.

197

The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

2.1.3 Waverley Development Control Plan 2006, Part D2 – Multi-Unit Housing and J1 – Land Use and Transport

COMPLIANCE CHECK – Residential 2(b) Zone

Control

Standard

Proposed

Compliance

Height

Wall height 6.5m Overall height 9.5m Number of storeys 2

Wall height 7.5m Overall height 10m Number of storeys:

2 plus basement and attic level

No No Generally yes

Maximum Floor Space Ratio (Site Area 470.7sq.m)

0.6:1 (282.4sq.m) Existing: 0.89:1

(420.4sq.m)

1.01:1 (475.5sq.m) Additional

55.11sq.m

No

Attic Rooms Minimum width 3m Height 2.4m for 2/3 of

room Attached to lower unit &

not living or dining room

Width >3m Height 2.4m for 2/3

of room Bedroom & ensuite

attached to units 5A and 5B below

Yes Yes Yes

Private Balconies to upper units

Minimum area 10m2 Minimum depth 2.5m

Minimum area 5m2

Minimum depth 1.2m

No No

Height: The proposed additions will retain the existing presentation to the street of two levels plus basement level below. The proposed modifications to the basement level are within the existing envelope of the building, whilst the attic additions will be setback from the front building line, thereby being visually unobtrusive to the street in terms of bulk and scale, considered reasonable. Floor Space Ratio The existing FSR of this development exceeds the Council’s controls, whereby the proposal seeks to provide an additional 55sq.m located in the attic space and largely contained in the existing roof pitch of the building. The additional bulk of such is therefore solely in the dormers of the building, located to the rear. The numerical FSR controls in the DCP provide a guide to restrict overdevelopment of a site and to mitigate bulk and scale related impacts upon adjoining properties and the streetscape. In this case, the proposed additions do not alter the building footprint and enable existing space to be better utilised. As such, the conversion of the attic space into a usable area and the addition of dormer windows are considered acceptable and unlikely to adversely impact on the bulk and scale of the development. Utilisation of pitched roofs of residential flat buildings is generally an acceptable form of development within Waverley, and their inclusion within the design is

198

considered satisfactory, considering they are set back from the street, therefore visually unobtrusive and unlikely to adversely impact on adjoining properties. Furthermore, the proposed conversion of the basement level will not contribute towards the bulk of the building which is currently used for storage and proposed to be converted into habitable space for unit 3 above. Overall, the development is not considered excessive, whereby the bulk of the building is not out of character with the surrounding properties. Additionally, bulk related impacts such as overshadowing are not unreasonable, specifically having regard to the existing building form. As such, a deviation from Council’s controls is not considered unreasonable in this instance and is supported. Private Balconies to upper units The proposal seeks to introduce small balconies to some units to provide private outdoor spaces, below Council’s minimum size. However, the balconies are proposed to an existing building, rather than a new building where strict compliance is often difficult. As such, the proposed balconies will improve the amenity for the occupants of the building, whilst their small scale will ensure privacy impacts for adjoining properties is not adverse. As such, the provision of balconies to the building are an improvement for the building and acceptable in this instance.

2.1.4 Other Matters Streetscape The proposed attic additions are set back from the front of the building and largely unseen from Fletcher Street and therefore acceptable on the streetscape in this regard. In relation to the front balcony and window changes, these will modernise the building, currently largely masked by vegetation at the front of the site. The proposed front façade works are considered acceptable and contribute positively to the front elevation of the building. Privacy The proposal is not considered to adversely impact upon privacy to adjoining properties. The attic addition provides skylights and timber framed windows that largely overlook adjoining roofs, and are of an acceptable scale for dormer additions. New balconies are also proposed to some apartments, particularly to the rear that are small in size (less than Council’s minimum size as outlined previously) and will improve the amenity for the occupants of the building. Whilst they are unlikely to be used for entertaining purposes, specifically due to their small size, the balconies located on the first floor level are accessed from the living areas of the associated units. Those to the upper attic level are accessed from bedrooms, considered low-use activity rooms and often result in acceptable privacy impacts. It is also noted a number of buildings within close proximity, particularly along Fletcher Street exhibit rear balconies of a comparable scale to those proposed, providing ocean views and outlook to occupants. This is despite the significant fall in land towards the rear of the site and the subsequent overlooking of adjoining properties to the south situated on lower level. The proposed balconies are therefore in keeping with surrounding development and also Council controls which seek to include private balconies as private open space to multi unit housing.

199

However, to further mitigate associated privacy impacts from these new balconies to the rear, proposed as ‘glass balustrade’, it is recommended a condition be imposed that these be translucent to minimise overlooking particularly from internal areas of the building. Upon the conditions being imposed, the proposed balconies are unlikely to adversely impact on the privacy of adjoining properties. ESD A separate BASIX Certificate for each individual unit has been submitted with the application, which reduces the onus of employing ESD principles as each unit involves small scale works, compared to the project cumulatively overall. Therefore, a condition will be imposed requiring a single BASIX Certificate to be sought therefore ensuring compliance with ESD principles. Safety and security To remain generally unchanged.

3 REFERRALS

3.1 Internal Affordable Housing The initial application was referred to Waverley Council’s Strategic Planner - Social who raised concerns for the proposed development. Subsequent deferrals and amended information were sought and upon the latest amendments being submitted, an extract of the comments is included below (full version on file):

Rental figures for 2009 prepared by ‘Express Realty’, submitted by the applicant, identify the current rental rates of each unit. This information has been used by Council to establish whether the units are classified as low rental under the SEPP. Further information was requested which confirmed the rent levels that had been provided.

1.0 STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 Identifying of Loss of Affordable Rental Housing Clause 50 (1) of the SEPP requires that development consent is sought for works that alter and add to the structure or fabric of the inside or outside of a building that contains low rental units. To determine whether the units within the subject building are defined as ‘low rental’ rent levels are compared with the current and previous 12 month medium rent rates as specified by the Rent and Sales Report released quarterly by the NSW Department of Housing. The following table identifies which units fall below the medium rates and are therefore considered to be ‘low rental’ based on the Rent and Sales report June 2009. It is noted that 2008 figures were not supplied by the applicant and 2009 figures are considered sufficient.

200

Unit No. Bedrooms Current

12 month rents

Current 12 month medium rent

Previous 12 month rent

Previous 12 month medium rent

Low rental?

1 2 $380 $500 N/A N/A Yes 2 1 $275 $395 N/A N/A Yes 3 1 $255 $395 N/A N/A Yes 4 2 $435 $500 N/A N/A Yes 5a 1 $310 $395 N/A N/A Yes 5b 1 $300 $395 N/A N/A Yes

As identified in the table above the current rent rates of all units contained within the building fall under the medium rent rate for Waverley, and are therefore subject to an assessment under clause 50 of the SEPP to determine whether the proposed works will result in the loss of these units, and whether mitigation is required.

It is considered that the proposed demolition and subsequent development will create a loss of 6 low rental dwellings totalling 8 bedrooms at the subject site. Given the proposal will contribute to the loss of affordable rental housing within Waverley, it is considered that the extent of the proposed loss can be mitigated through the provision of a monetary contribution formulated in accordance with clause 51(3) of the SEPP. This contribution will be formalised by way of condition of consent in accordance with section 94F(1) of the Environmental Planning and Assessment Act, 1979.

2.0 WAVERLEY AFFORDABLE HOUSING PROGRAM (WAHP)

The Waverley Affordable Housing Program has been carefully considered in the context of this application to NOT apply to this proposal. In considering the application, it is determined that the works do not impact on the building footprint, and fall outside the definition of major alterations and additions as found within Clause 1.9.1 of the Waverley Affordable Housing Program (with less than 50% of the existing external fabric being demolished).

3.0 CONTRIBUTIONS FOR AFFORDABLE HOUSING

State Environmental Planning Policy (Affordable Rental Housing) 2009

Clause 51 of SEPP (Affordable Rental Housing) 2009 sets out the formula to calculate the contributions payable based on the total loss of low rental bedrooms, multiplied by the replacement cost (average value of the first quartile of sales and strata properties in the local government area as specified by the 4 most recent editions of the Rent and Sales Report), and then multiplied again by 0.05.

In this instance the total loss of low rental bedrooms is identified as 8, and the replacement cost is a total of $453,500 (see tables from Rent and Sales Reports).

Based on our calculation the total contribution amount equates to $181,400.

201

Planning comment: A condition shall be imposed outlining an Affordable Contribution is to be paid in accordance with the recommendation above. Furthermore, additional conditions shall be included that shall ensure that any existing residents are not displaced as a result of the proposed development. Building Code of Australia Compliance The initial application was referred to Waverley Council’s Fire Safety Officer who raised concerns for the proposed development. Subsequent deferrals and amended information were sought and upon the latest amendments being submitted, the following comments were made:

Reference is made to the application for alterations and additions including attic conversions and balconies to an existing residential flat building at the subject premises and accompanying revised Building Code of Australia 2009 Assessment Report dated 31 March 2010 prepared by Ramanathan Shanmuganathan of Dix Gardner Pty Ltd. In comment the submitted revised Building Code of Australia Assessment Report proposes fire safety upgrading recommendations and design to provide for an increased level of fire safety to the existing residential flat building including upgrading of and additional fire safety measures including an interconnected smoke detection and warning system, emergency lighting, exit signs, fire doors and portable fire extinguishers, fire separation, egress and the upgrading of structural adequacy, visibility, balustrades, width, treads and risers of the existing exit stairs, vertical separation of openings and protection of openings in external walls to satisfy the relevant performance requirements of the Building Code of Australia. The revised Building Code of Australia Assessment Report provides an assessment of the proposed building against the deemed-to-satisfy provisions of Section C, and parts of Section D and E of the Building Code of Australia and addresses the Performance Criteria in Section C the deemed-to-satisfy provisions of Sections D & E of the BCA and satisfy the provisions of Clause 94 of the Environmental Planning and Assessment Regulation 2000. In this regard the Report finds that “Removal on the second stair from the existing building will not affect compliance with the deemed to satisfy provisions of (Section D) of the BCA.” The Report concludes that “It is our considered opinion that the upgrade work indicated on the plans used for this report will comply with the requirements of the BCA adequately subject to compliance with the recommendations raised in this report.” Therefore based on the revised Building Code of Australia 2009 Assessment Report dated 31 March 2010, should the application be approved conditions attached (on file) shall be imposed.

Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposed development will not have a detrimental impact upon the amenity of surrounding properties. Accordingly, consent is recommended as the proposal satisfies the provisions of the Act having regard to the above analysis.

202

Section 79C(1)(c) - The suitability of the site for the development. Having regard to the assessment in sections 2 and 3 of the report above and the not unreasonable impact arising from the proposed development onto adjoining properties and the streetscape, the site is considered suitable for the proposed development. In this regard the proposal can be supported subject to the imposition of conditions.

4. PUBLIC SUBMISSIONS The application was notified and a site notice erected for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development. Two submissions were received. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

3 Wonderland Ave Property adjoining to south

Overlooking / Loss of privacy particularly due to slope of land / Request reduction in rear balcony widths / Request for attic glass reduced, louvred and opaque glazing / Request for rear boundary screen planting;

Water overflow and request for appropriate stormwater measures;

Request for erosion and sediment controls.

5 Wonderland Ave Property adjoining to south

Overlooking / Loss of privacy particularly due to slope of land / Request for additional privacy measures eg. Rear boundary screen wall, louvres and opaque balustrade glazing.

Issue: Overlooking / Loss of privacy particularly due to slope of land / Request for additional privacy measures eg. reduction in rear balcony widths, attic glass reduced, louvers, opaque balustrade glazing, rear boundary wall increase or screen planting; Planning comment: This aspect has been discussed above in the report whereby the provision of small balconies to the rear of the building is considered acceptable. However, additional measures to reduce privacy impacts are recommended by way of condition, including the glass balustrade being translucent. The suggestion of louvers from submission writers are not considered justified and pose safety concerns (specifically if cantilevered off balcony balustrade as one submission suggests) and subsequently not supported. It is acknowledged that the subject site is sited on higher ground to those properties at the rear, whereby the provision of balconies allows outlook and ocean views over and above these properties to the south, whereby the provision of small balconies and translucent glazing will minimise overlooking for the majority of time.

203

Nonetheless, the submissions also seek that the rear boundary fence be increased (currently low – approx 1m on subject site side, though 1800mm to southern property at rear due to level change) or screen planting be planted to further reduce privacy impacts to these properties to the south (rear). Given the scope of works, it is considered reasonable in this instance to seek screen planting in preference to an increase in wall height to ensure amenity impacts for southern adjoining properties is not decreased with blank high wall. Therefore a condition shall be imposed that screen planting to a minimum growth height of 1500mm be planted along the rear boundary to further mitigate privacy impacts to these southern adjoining properties, considered acceptable and in accordance with the concerns raised by these neighbours. Issue: Water overflow and request for appropriate stormwater measures; Planning comment: Standard conditions shall be imposed ensuring compliance with Council’s Stormwater policy. Additionally, the application also includes the provision of a stormwater tank in the rear yard of the site that will further ease these concerns, considered acceptable. A condition will be imposed ensuring its construction in accordance with Council policy. Issue: Request for erosion and sediment controls; Planning comment: Standard conditions shall be imposed ensuring erosion and sediment control devices are used/implemented during construction works, addressing this matter. Section 79C(1)(e) - The public interest. It is not considered that the application is against the public interest.

5. CONCLUSION/DEVELOPMENT AND BUILDING UNIT REVIEW The DBU gave consideration to the proposal having regard to the relevant matters under Section 79C of the Act. This included the issues raised in submissions to the application and the provisions of Council’s Development Control Plan. The DBU reviewed the proposal and noted that the works proposed for the existing residential flat building are modest in nature, which will have minimal impact on the streetscape or on the adjoining properties. The DBU noted that the proposed balconies are of a lesser nature as compared to other balconies in the vicinity and therefore considered to be compatible. Furthermore the proposed balconies have a width of 1.2m which will prevent large gatherings and are considered satisfactory. The additional floor space is predominantly contained within the envelope of the existing building and therefore the proposed bulk and scale of the building is considered to be acceptable. The DA identifies that the building contains low rental units and is therefore subject to State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009. The issue in relation to affordable housing has been considered by Council’s Housing Planner and to mitigate loss of affordable housing a monetary contribution has been levied amounting to $181,400. Having regard to the above the application is recommended for approval subject to the conditions given in the report.

204

6. RECOMMENDATION

That Development Application No. 466/2009 at 11A Fletcher Street, Tamarama for alterations and additions to residential flat building including attic conversion, basement extension and rear balconies be approved by Council, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos DA-00 to DA-15, Rev D, tables and documentation prepared by

‘iSA Designs’, dated 03.07.2009, and received by Council on date 31 August 2009; (b) BASIX Certificate; (c) Schedule of external finishes and colours received by Council on 31 August 2009; (d) Amended BCA Report prepared by ‘Dix Gardner Pty. Ltd’ dated 31 Mar 10 and received

by Council on date 1 April 2010; and (e) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance

with the SWRMP Checklist of Part G1, Waverley DCP 2006. Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) Balustrades along the balconies at the rear are to consist of a translucent material. (b) Screen planting to a minimum growth height of 1500mm shall be planted along the rear

boundary (lower level area) to further mitigate privacy impacts to the southern adjoining properties.

(c) A single BASIX Certificate shall be sought for the overall project and works rather than

separate Certificates for each apartment. Any elements that BASIX require to be implemented shall be carried out.

(d) An on-site detention (OSD) system shall be provided on the subject site in accordance

with Part G4 of the Waverley Development Control Plan 2006. The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

205

3. AFFORDABLE HOUSING CONTRIBUTION – PAYMENT IN ACCORDANCE WITH STATE

ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009

The Affordable Housing Contribution is as follows:

(a) Pursuant to clause 51(2) of State Environmental Planning Policy (Affordable Rental Housing) 2009, the applicant must provide a monetary contribution towards the provision of affordable housing as the proposed development will or is likely to reduce the availability of affordable housing within the area. The contribution is $181,400 and has been calculated in accordance with the formulae provided in clause 51.

4. AFFORDABLE HOUSING – GENERAL CONDITIONS

(a) The applicant shall ensure that if existing residents of 11A Fletcher Street, Bondi are to be displaced from the building as a result of the proposal, they shall be assisted to find an alternative comparable accommodation. This shall include making enquiries with local real estate agents to secure alternative accommodation. In this regard the applicant shall provide to the satisfaction of Council’s Strategic Planning Division, prior to the issue of a Construction Certificate detailed measures that will be put in place to comply with this condition.

(b) Council shall give hand delivered written notice to the tenant of the above condition

immediately upon development consent being issued. (c) The applicant shall submit evidence to Council that tenants have been assisted and

rehoused in accordance with sub clause (a) above prior to the issue of the construction certificate.

5. APPROVED DESIGN - RESIDENTIAL FLAT DEVELOPMENT

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 internal layout or external appearance of the building, without the approval of Council.

6. ARCHITECT TO SUPERVISE DESIGN The preparation of the Construction Certificate plans shall be supervised and to the satisfaction of a Registered Architect in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats.

7. DOMESTIC HEATERS The provision of solid fuel heating/cooking appliances is prohibited.

8. INSTALLATION OF AIR CONDITIONING

Air conditioning unit(s) installed within the building shall: (a) Be located a minimum of 1.5 metres from a boundary.

206

(b) Be located behind the front building line and if visible suitable screened and located in an appropriate location.

(c) Not be adjacent to neighbouring bedroom windows. (d) Not reduce the structural integrity of the building. (e) Not emit noise that is audible within a habitable room in any other residential property

(regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or

(ii) before 7.00am and after 10.00pm on any other day. (f) Not provide noise emissions that exceed 5dBA above the ambient background noise

level measured at the property boundary at any other time outside of (e).

9. EXCAVATION TO BE LIMITED Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent.

10. TELECOMMUNICATION FACILITIES ON MULTI-UNIT DWELLINGS Telecommunication facilities on new multi-unit dwellings are opposed. The Owners' Corporation is prohibited from entering into leasing agreements with telecommunication companies to erect or install any commercial telecommunication device (other than for the explicit use of the occupants) on the building.

11. USE OF COMMON PROPERTY No exclusive use of common property (other than for approved storage) shall occur without the prior consent of Council. In this regard the applicant is to register a restriction as to user that prohibits the separate occupation, use or disposition of the land by way of agreement, instrument or dealing including and agreement, instrument or dealing evidenced by a company's constitution or articles of association. The restriction as to user is to be registered prior to the issue of the Occupation Certificate.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

12. SECTION 94A CONTRIBUTION A cash contribution is payable to Waverley Council pursuant to Section 94A of the

Environmental Planning and Assessment Act 1979 and the ' Waverley Council Development Contributions Plan 2006' in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and submitted to Council:

207

(i) Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or, (ii) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost

Report". (b) Prior to the issue of the Construction Certificate, evidence must be provided that the

levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

Waverley Council Development Contributions Plan 2006 may be inspected at Waverley

Council Customer Service Centre, 55 Spring Street, Bondi Junction. Advisory Note

A development valued at $100,000 or less will be exempt from the levy.

A development valued at $100,001 - $200,000 will attract a levy of 0.5%.

A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development.

13. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $6000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

14. DEVELOPMENT COST OF WORKS Council considers the estimated cost of the proposed building work to be under stated. Therefore a Registered Quantity Surveyor Detailed Cost Report shall be prepared by a person competent to do so indicating the expected cost of works. Should the works be more than that outlined in the development application, then an additional development application fee for the difference is to be paid prior to the issue of the Construction Certificate.

15. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

208

16. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of

the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the

building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue

of a Construction Certificate and to be the Principle Certifying Authority. 17. ESSENTIAL SERVICES - EXISTING BUILDING

Details of the currently implemented and proposed essential fire safety measures shall be submitted to Council, with the Construction Certificate, in the form of a Fire Safety Schedule. This Schedule shall be prepared by a person competent to do so and shall specify the minimum standard of performance for each essential fire safety measure included in the Schedule. At the completion of the installation, a Final Fire Safety Certificate shall be attached to the Occupation Certificate, certifying that each essential fire safety measure specified within the current Fire Safety Schedule: (a) has been assessed by a properly qualified person; and (b) found to be capable of performing to at least the standard required by the current Fire

Safety Schedule for the building for which the Certificate is issued.

18. HOARDING REQUIRED If required, hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

19. SITE WASTE AND RECYCLING MANAGEMENT PLAN A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

209

The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction.

20. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

21. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 4) - Part G4 prior to the issue of a Construction Certificate.

22. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

23. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying:

(a) the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

(b) the structural adequacy of the existing timber framework in the building to support the

proposed fire rating of the ceilings throughout the building being provided prior to the issue of a Construction Certificate.

24. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory

210

and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

25. DAMP AND WATERPROOFING The proposed basement level is to be provided with damp and weatherproofing measures to provide resistance to moisture from the outside and moisture rising from the ground. Details of these measures are to be submitted to Council prior to the issuing of a Construction Certificate.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

26. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or

intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

27. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

28. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

29. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

30. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and

211

(b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven days before excavating below the level of the base of the footings of

a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

31. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the

proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of

a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

32. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

33. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

212

34. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

35. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

36. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

37. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

38. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.

39. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

40. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental

Operations (Noise Control) Regulation 2000.

213

41. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

42. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia.

43. PROTECTION OF OPENINGS All new or modified openings in the external walls are to be protected in accordance with Part C3 and Clause C2.6 Vertical Separation of openings requirements of the Building Code of Australia. Details of compliance with the above requirements are to be included in the Construction Certificate plans.

44. FIRE SAFETY UPGRADE WORKS Fire safety upgrading works are to be carried out in accordance with the proposed design and recommendations of the Building Code of Australia 2009 Assessment Report dated 31 March 2010 prepared by Ramanathan Shanmuganathan of Dix Gardner Pty Ltd including the following additional works;

a) The attics must be entirely fire separated from the adjoining sole occupancy units in

accordance with Part C of the Building Code of Australia. Details demonstrating compliance must be submitted to the certifying authority prior to the issue of a Construction Certificate.

b) The ceilings throughout the building are to be provided with material having a

resistance to the incipient spread of fire to the roof space above, of not less than 60 minutes (together with any necessary additional support members) and certified by a suitably qualified installer prior to issue of an occupation certificate.

c) Provide self closing -/60/30 fire doors to the front entry doorway of each sole-

occupancy unit, in accordance with Clause C3.11 of the Building Code of Australia and AS 1905.1.

d) The fire hazard properties of any lining materials and finishes in the building are to

comply with the relevant provisions of Specification C1.10 & C1.10a of the Building Code of Australia and certification is to be submitted to Council.

e) The existing stairway is to be provided with non-slip strips near the edge of the

nosings to comply with the provisions of Part D of the Building Code of Australia. In this regard any defective stair treads to the exit stairs being repaired or replaced to comply with the Building Code of Australia.

f) The electrical installations serving the premises must be inspected by a suitably

qualified electrician and certified. The certificate should include the following: i. That a visual examination of wiring, fittings and accessories was undertaken

and were found to be in sound condition;

214

ii. That an insulation resistance test was undertaken pursuant to clause 1.5.2 of AS 3000 and was found to be satisfactory;

iii That circuit protection devices used have been examined and found to be satisfactory pursuant to clause 2.4 of AS 3000.

In this regard prior to the issue of an Occupation Certificate by the accredited certifier, all fire safety upgrading works are to be completed and a Final Fire Safety Certificate is to be submitted to Council, certifying that each essential fire safety measure specified in the approved Fire Safety Schedule:-

(a) has been assessed by a properly qualified person; and

(b) has been found, when it was assessed, to be capable of performing to at least the

standard required by the current Fire Safety Schedule for the building for which the Certificate is issued.

45. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (RESIDENTIAL FLAT

DEVELOPMENT AND OTHER RESIDENTIAL CLASS 2, 3 AND 4) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planing and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 2, 3 and 4 building: (a) at the commencement of the building work; (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet

area within a building; (c) prior to covering any stormwater drainage connections; and (d) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls). Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

215

46. ROOFING MATERIAL TO MATCH EXISTING

The roof covering to the proposed attic addition is to have a uniform appearance to match the roof covering over the existing dwelling house.

47. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

48. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

49. RESIDENTIAL FLAT BUILDINGS - BALCONIES NOT TO BE ENCLOSED The private open balconies attached to the proposed building are not to be enclosed at any future time, in accordance with the provisions of Council's General Policy. In this regard, the door openings within the external walls adjoining the private open balconies to be constructed so as to prevent the penetration of rain or other waters to the inner part of the building.

50. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

51. TREE PRESERVATION A tree preservation order exists in Waverley. Before any site can be developed, an application must be made in writing to Council prior to removal of tree/trees. Should permission be granted, the applicant will receive a permit to proceed.

52. TREE PROTECTION Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a

nominated perimeter.

216

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

53. FIRE SAFETY UPGRADE Fire safety upgrading works are to be carried out in accordance with the proposed design and recommendations of the Building Code of Australia 2009 Assessment Report dated 31 March 2010 prepared by Ramanathan Shanmuganathan of Dix Gardner Pty Ltd including the following additional works outlined in the conditions of consent. The required fire safety upgrade works are to be completed prior to the issue of an Occupation Certificate.

54. LANDSCAPE PLAN The site is to be landscaped and turfed in accordance with the approved plan and associated conditions of consent with the landscape works completed prior to the issue of the Occupation Certificate.

55. OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

56. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

57. STREET NUMBER/S The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. Should the number be fixed to an awning then it shall be a minimum 150mm high.

58. COMPOSTING The development shall accommodate the provision of a composting service for residents and provided prior to issuing of the Occupation Certificate.

59. GREEN WASTE A contained area for the storage of green waste must be provided within the communal garden, prior to the issue of the Occupation Certificate. A minimum of 1 cubic metre must be allocated.

217

218