planning and environment committee

Planning and Environment Committee

AGENDA NO. 3/09

Meeting Date: Tuesday 3 November 2009 Location: Committee Room 3, Level 5, Civic Centre Time: 4.00pm

NOTICE OF BUSINESS Item CONFIRMATION OF MINUTES ...................................................................... 1 2 142-148 COX'S ROAD, NORTH RYDE. Lot 3 DP 220894 and lot 41 DP

560408. - Local Development Application for Alterations & Additions to a retail and commercial building including an additional level of car parking. LDA2008/0766. INSPECTION 4.20PM / INTERVIEW 5.20PM.................................................. 2

3 53 - 71 AGINCOURT ROAD MARSFIELD. Lot 10 DP 1100767. - Local Development Application for Domed Metal Roof to the existing Gazebo at Curzon Hall. LDA2009/242 and BC2009/35. INSPECTION 4.40PM / INTERVIEW 5.25PM................................................ 42

4 18 MIRIAM ROAD, WEST RYDE. Lot 78A DP 6272. Local Development Application for urban housing development (2 x 3 bedroom & 1 x 2 bedroom villa homes; two storey villa at front, single storey villas to the rear) and strata subdivision. LDA2009/0001. INSPECTION 5.05PM / INTERVIEW 5.30PM................................................ 62

5 95 WATERVIEW ST, PUTNEY. Lot 413 DP 15093. Section 96 application to modify the approved 2 storey dwelling (LDA2004/700). Changes include addition of a store room, amendments to internal layout and fencing. S96 Application no. LDA2004/700.2. INTERVIEW 5.40PM.................................................................................... 110

Planning and Environment Committee Page 1

Agenda of the Planning and Environment Committee Report No. 3/09, dated Tuesday 3 November 2009.

1 CONFIRMATION OF MINUTES

File Number: CLM/09/2/4/3 - BP09/852

RECOMMENDATION: That the Minutes of the Planning and Environment Committee No. 02/09 held on 6 October 2009, be confirmed.



2 142-148 COX'S ROAD, NORTH RYDE. Lot 3 DP 220894 and lot 41 DP 560408. - Local Development Application for Alterations & Additions to a retail and commercial building including an additional level of car parking. LDA2008/0766.

INSPECTION: 4.20PM INTERVIEW: 5.20PM

Report prepared by: Team Leader Major Developments Report approved by: Manager Assessment; Group Manager Environment &

Planning Report dated: 22 October 2009 File Number: LDA2008/766/003 -

BP09/845

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: Alramon Pty Ltd. Owner: Alramon Pty Ltd. Date lodged: 19 November.

This report considers a proposal for alterations and additions to the existing mixed use building at 142-148 Cox’s Road. The development provides an increase of 403m2 for floor space as well as proposing an additional level of car parking at the rear of the building. The proposed development will exceed the maximum floor space ratio as specified in the Ryde Planning Scheme Ordinance and Draft Local Environmental Plan 2008. The applicant has submitted an objection under SEPP 1 for the variation to the floor space ratio. The SEPP 1 however should not be supported at this stage. As part of the Small Centres Study, Council has recently resolved to endorse the master planning process for the Cox’s Road centre as well as undertake a study to investigate the appropriate floor space ratio, height and permitted uses for the small centres. Until this work is completed, it is recommended that this development application be deferred. The development application is recommended for deferment to enable the master planning process to be completed and adopted by Council. Reason for Referral to Planning and Environment Committee: Requested by Councillor Petch. Public Submissions: The DA was advertised twice. One late submission was received after the initial period and no submissions were received during the second period.

Planning and Environment Committee Page 3 ITEM 2 (continued)


SEPP 1 Objection received? Yes. A SEPP 1 objection has been received in respect of the floor space ratio. The development results in a variation of 61%. Value of works? $200,000 2. Site (Refer to attached map.)

Address : 142-148 Cox's Road North Ryde Site Area : 2722.3m2

Frontage 76.46 metres Depth Varies between 30.48 metres and 42.67 metres.

Topography and Vegetation : The site contains no vegetation and is relatively flat. Existing Buildings : The site contains a two storey mixed use development.

The ground floor consists of retail shops, an office and restaurant. The upper floor contains offices and a restaurant. Car parking is located at the rear of the building.

Planning Controls Zoning : Business Neighbourhood 'D1' Other : Ryde Planning Scheme Ordinance Development Control Plan 2006 Draft Local Environmental Plan 2008 State Environmental Planning Policy No 1

Site Photos

3. Councillor Representations: Name of Councillor: Councillor Petch Nature of the representation: Requested that the development application be called up to a Planning and Environment Committee meeting.



Date: 23 January 2009 Form of the representation (e.g. via email, meeting, phone call): Phone call. On behalf of applicant or objectors? No details given. Any other persons (e.g. consultants) involved in or part of the representation: No. 4. Political Donations or Gifts Any political donations or gifts disclosed? No. 5. Proposal Development consent is sought for alterations and additions to the existing retail / commercial building at 142-148 Cox’s Road. It is proposed to extend the rear of the ground floor of three existing shops to create an additional 100.2m2 of floor space. This extension will replace 6 of the existing car parking spaces. The offices and restaurant on the first floor are proposed to be extended to the north and south of the existing building. 4 of the offices located to the eastern side of the building will be extended 1.8 metres to the north and 4.2 metres to the south. The existing restaurant and office located on the western side of the building will be extended 3.5 metres to the north and the restaurant will be extended a maximum depth of 4.6 metres to the south. The total proposed increase in floor space will be 403m2. It is also proposed to include a new car parking deck structure on level 1at the rear of the building. This will be located over the existing ground floor level car parking. Access and egress to the new car parking level will be via a new two way ramp from the Council car park. Pedestrian access will be available directly from the new parking level to the first floor and an existing lift and staircase will provide access to the ground floor. The additional deck of car parking will result in 34 car parking spaces. In total the site will provide parking for 77 cars. 6. Background The development application was lodged on 19 November 2008. Notification began on 2 December 2008, and advertising began on 10 December 2008, with submissions closing 22 January 2009 due to the extended December/January notification period.



A letter was sent to the applicant on 21 January 2009 advising that Council’s Officers were unable to support the development application for the following reasons: • The development exceeds the maximum floor space ratio and the objection

submitted under the provisions of State Environmental Planning Policy No 1 fails to demonstrate that the variation is reasonable or justified.

• The development fails to provide adequate on-site car parking. • The car park layout fails to comply with the dimensions for parking spaces and

aisle widths in AS2890.1. Also structural details of the car park were requested to ensure that the new car parking level did not impact on the ground level car parking.

• The applicant was requested to provide further information to demonstrate the following:

Longitudinal sections of the ramps in the car park will achieve the required grades and transitions. As the ramps will only allow for one way movements, a circulation plan was

requested. Information to demonstrate that the access ramp which adjoins the Council

car park does not protrude into the car park or clash with existing parking spaces in the Council’s car park or the ramp to the golf course. Details to be provided in respect of the delivery of goods. A concept stormwater management plan is to be provided. Clarification of the uses within the proposed development.

The applicant requested an extension of time to provide the above information. The additional information was submitted on 19 March 2009. The only changes to the architectural plans were clarification in respect of vehicular circulation, uses within the development and location of the structural supports required for the car parking slab. A draft report recommending refusal of the development was subsequently prepared. The reasons for refusal where as follows: 1. The proposed development is inconsistent with Clause 51 of the Ryde Planning

Scheme Ordinance in respect to the floor space ratio. 2. The applicant’s objection under the provisions of State Environmental Planning

Policy No 1 is not well founded. 3. The development fails to provide adequate on site car parking. 4. The car park does not comply with AS2890 and the applicant has failed to

demonstrate that compliance is possible. 5. The development would require extensive adjustment to the existing Council car

park and owners consent has not been granted.



6. The development will result in increased traffic movements which will result in

increased conflicts within the on-site car park as well as the adjoining Council car park.

7. The development is inconsistent with the zone objectives and Clause 4.4 in

respect to floor space ratio of Draft Local Environmental Plan 2008. 8. The development is an overdevelopment of the site. Prior to the matter being scheduled for a Planning and Environment Committee meeting, the owner requested that the application be further deferred to enable a further meeting to occur with Council’s Officers and the submission of amended plans to address the issues raised by Council. A meeting occurred in May 2009 and amended plans and a traffic report were submitted to Council on 31 July 2009. These plans increased the size of the upper parking deck and proposed a new ramp to access this parking via the Council’s car park. These plans were renotified from 6 August 2009 to 3 September 2009. The application was readvertised on 19 August 2009. Following a preliminary assessment of these amended plans, the applicant was advised that the information submitted failed to address the provision of satisfactory safe access for the delivery of vehicles including an area for the loading and unloading of materials on site and garbage trucks. A further meeting was subsequently held to discuss this issue. Further information was submitted on 24 September 2009. The traffic report submitted gave evidence of the feasibility of waste removal via reversing entry of various waste vehicles from Council’s car park. Given that this involved illegal reversing entry of vehicles from Council’s car park, it could not be supported by Council’s Development Engineers. On the 28 September 2009, the applicant was requested to provide details of how waste removal could legally occur. On the 29 September 2009, a revised traffic report including details of the type of vehicle and method of waste pick up was provided. Amended plans were also submitted which modified the level of the car parking deck. The purpose of the modification was to provide an internal height clearance between the two car parking levels of 3.5 metres. To achieve this, the western part of the car park was increased from RL78.4 to RL78.6. The eastern part of the car park was increased from RL78.65 to RL79.45. Given that no submissions were received in respect of the second notification period, these amended plans were not readvertised. This report addresses the amended plans.



7. Submissions The development application was originally advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised on 10 December 2008. Notification of the proposal was from 2 December 2008 to 22 January 2009. No submissions were received during this period, however a submission was received on 12 May 2009 on behalf of Council from the Manager Buildings and Property. Although this submission was received after the exhibition period, it is still Council’s practice to consider all submissions. The issues raised in this submission included the following: Owner’s consent. It is not clear how the additional car parking level will be

constructed. It appears that it may be necessary to encroach onto Council’s land to make the ramp work. If this is the case, owner’s consent from the adjoining land owner (i.e. Council) would be necessary to enable the DA to be progressed. This has not been sought nor agreed to.

Use of Council’s Land. The applicant has made an assumption that they can

utilise the Council’s existing car park as part of the egress. There is no formal right of way or easement over Council’s land benefiting the adjoining owner and there should be no assumption that access via Council’s lands is provided. The owner would need to negotiate any such future access with Council. To progress this, further more detailed drawings of the proposal will be required, as the documentation submitted with the DA does not provide sufficient detail for Council to understand what is proposed on its land.

Access to North Ryde Golf Club. Under the contract for sale of the land from

the North Ryde Golf Club to Council, Council is required to enable vehicular access to the golf course. This obligation continues. It is not clear how the proposal from the Applicant will impact upon this requirement.

Construction of Access Licence. If the DA was approved, Council will require

the applicant to enter into a construction access licence, if the applicant desires to use Council’s land during any construction activities. There would not appear to be any viable alternative available to the applicant to undertake the necessary construction works. There should be no presumption by the applicant that such a licence will be agreed to by Council. We would recommend this be a condition of any DA approval.

The above issues were addressed by the submission of the amended plans and supporting documentation submitted on 31 July 2009 and 29 September 2009. The amended plans were renotified from 6 August 2009 to 3 September 2009.



The application was readvertised on 19 August 2009. During this time no submissions were received. A further submission was received by Council’s Manager Buildings and Property as part of the referral process. This has been included under the heading ‘referrals’. 8. SEPP1 Objection received? A SEPP 1 objection was received in respect to the floor space ratio. The floor space ratio for the site is 0.5:1. The existing building has a floor space ratio of 0.66:1 and the proposed development will result in the floor space ratio being increased to 0.81:1. This represents a total variation of 61%. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning The site is zoned Business Neighbourhood 3(d1) under the Ryde Planning Scheme Ordinance. The proposed development is permitted in this zone with the consent of Council. Mandatory Requirements Clause 34 – Aesthetic Appearance of the Development Council is required to give consideration to the aesthetic appearance of the development as viewed from land reserved for open space. In this case the site is adjacent to the North Ryde golf course. The development is unlikely to have a significant impact on the golf course. Clause 51 – Floor Space Ratio The floor space ratio specified under Clause 51 of the RPSO is 0.5:1. The existing building already exceeds this requirement with a floor space ratio of 0.66:1. The proposed development represents an increase of 403m2 of floor space resulting in the site having a floor space ratio of 0.81:1. This represents a variation of 61% to the control.

The applicant has submitted the following objection under the provisions of SEPP 1:

“Reasons given in support of variation. The reasons given in support of the variation are as follows: 1. The existing floor space ratio already exceeds the maximum permissible

under Clause 51(5); and



2. There will be minimal (if at all) increase in visual impact on the streetscape

as the walls to the upper area are already visible so relocation of these walls to increase the floor area will have little impact; and

3. The height of the existing building is not to be varied under this application; and

4. The visual outcome will still be visually integrated into the existing building’s visual presentation to Cox’s Road; and

5. A substantial proportion of the proposed increase to the floor area is to be located at the rear of the building;

6. The precedent for exceedence has already been set by the existing building so this minor non-compliance will not set any further precedent for Council.

Demonstrate how the objective of the zone and the objectives of the standard have been complied with despite variation to the numerical control. Relevant comments on how this application meets the suggested objectives of the zone are provided below: Business 3(d1) The suggested objectives of the zone are: Ensure that development is of a height, scale, massing and bulk is acceptable to the streetscape and which complements existing buildings and streetscape. Comment The overall height, width and scale of the building will not be varied under this application. Most of the increase in mass and bulk will be addressed to the rear elevation. Therefore from a streetscape perspective little (if any) visual change will occur to the Cox’s Road elevation. It is therefore considered that this SEPP No 1 objection should be supported in this instance as the suggested objective has been achieved by this application. Encourage development that has regard to the local amenity and, in particular, public and private views. Comment As indicated above the overall impact of the building will not be changed under this application therefore it is suggested that this SEPP No 1 objection can be supported without setting any precedent. Clause 51(5) To ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality. Comment As indicated above, the height of the building will not be varied under this application. Therefore the actual scale of the building will not be varied under this application.



Only a very minor increase in the visual bulk will occur where the first floor glass front wall / full height windows are proposed to be moved closer to Cox's Road. The area to be enclosed is already used as a terrace area so there is actually not a real increase in floor area it only really increases the all weather use of this area. Further it will be very hard to perceive from street level the minor increase in floor area through the movement of the glass closer to Cox's Road. It should be noted that currently a solid balustrade to the first floor is visible from Cox's Road. This application does not propose to remove this balustrade therefore visually the same visual impression to Cox's Road will be maintained under this application. It is considered the very minor increase in floor area is supportable. Therefore it is considered that this SEPP No 1 Objection should be supported in this instance as the suggested objective has been achieved by this application. To minimise the adverse impact of development on heritage conservation areas and heritage items. Comment There are no heritage items that will be affected by this application as overshadowing will not be increased by this application on any item. To reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities. Comment The site is not visible from, the Parramatta River therefore it is considered that this objective is not applicable in this instance. Final Comment Accordingly this application satisfies the suggested objectives of the Business 3(d1) zone and Clause 51(5). In light of the reasons given for support of this application in this SEPP No 1 objection, it is considered that it is unreasonable and unnecessary to require strict compliance with the requirements of Clause 51(5) of the Ryde Planning Scheme Ordinance and the very minor non-compliance with this standard be granted through use of SEPP No 1. As such it is now recommended that the development application for 142-148 Cox's Road North Ryde be approved through the support of the SEPP No 1 objection in this instance.”

One of the key requirements of a SEPP 1 objection is that it is well founded and must demonstrate that compliance with the development standard is unreasonable and unnecessary.



The applicant’s SEPP 1 has made reference to one of the objectives of the floor space ratio which is to provide control over the bulk of the building to ensure that the building is compatible with the streetscape and desired future character of the area. While it is agreed that there will be minimal changes to the streetscape as a result of this development application, the applicant’s SEPP 1 does not address the desired future character of the locality. Another relevant objective of the floor space ratio is to allow for appropriate levels of development for specific areas. This site is zoned Business Neighbourhood D1 under the RPSO and is proposed to be zoned B1 Neighbourhood Centre under DLEP 2008. This zoning combined with the floor space ratio applicable to sites helps to create a retail hierarchy for the City of Ryde. Such a substantial variation to the floor space ratio may impact on the retail hierarchy already established in the City of Ryde. As Council would be aware on 13 October 2008, Council considered a report in respect of the Small Centres Study. Part of that report outlined that meetings had occurred with a number of the landowners of Cox’s Road to discuss the future of the centre. The landowners have engaged a design company to undertake a master plan for the centre and develop a concept plan which would outline building envelopes. It is intended that the master plan / concept plan be submitted to Council in December 2009. The landowner’s action to undertake a master plan for the Cox’s Road centre is in accordance with the findings of the Small Centres Study. Council resolved to endorse the master planning process for this site as well as undertaking a study to investigate the FSR, height and permitted uses for places zoned B1 Neighbourhood Business. Until the master plan by the design consultant is completed and adopted by Council, the current development application should not be determined. The master plan process is required to be completed to give Council the future direction required for the Cox’s Road centre and determination of this development application could adversely impact on the findings of the master plan. Also determination of the development application at present would be inconsistent with the objectives of S5(a)(i) and (ii) of the EP&A Act 1979 which are:

a. To encourage:

i. The proper management, development and conservation of natural and

artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and a better environment;

ii. The promotion and co-ordination of the orderly and economic use and development of land.



As proposed the development will result in a significant variation to the floor space ratio. Such a variation is not considered to be in the public benefit or interest. SEPP 1 should not be used as a means to effect general planning changes for the site. This should be done through the master planning process for the site which Council has already resolved to endorse. For the above reasons, it is recommended that determination of this development application be deferred until such time as the master plan for the site has been completed and adopted by Council.

(b) Relevant SEPPs There are no applicable SEPPs in respect to this development application. (c) Relevant REPs There are no applicable REPs in respect to this development application. (d) Any draft LEPs Draft Local Environmental Plan 2008 was adopted by Council on 5 May 2009. Under this Draft LEP, the zoning of the property is B1 Neighbourhood Centre. The objectives of this zone will be as follows: To provide a range of small-scale retail, business and community uses that serve

the needs of people who live or work in the surrounding neighbourhood. To ensure that the development does not have an adverse impact on the amenity

of local residents. The proposed development is permissible with Council’s consent in the proposed zoning. The development however is not considered to be consistent with the above objectives of the zone. Clause 4.4 of the draft LEP also specifies a maximum floor space ratio of 0.5:1. This development results in the floor space ratio being exceeded from the control in the draft LEP. As detailed earlier in the report, Council has already resolved to undertake a Small Centres study and master plan for the site. As part of this process, it is intended to review the FSR and height controls. Until this is completed, it is recommended that the development application be deferred. (e) Any DCP Part 7.1 of DCP 2006 Energy Smart, Water Wise The DCP requires that any development is to meet the following requirements: Additional or replacement ceiling / roof and walls must be fitted with insulation.

Ceiling / roof insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating.



Where a hot water system is new or a replacement system and is of a domestic

scale, it must achieve a minimum 3.5 Star Greenhouse Score. Water efficient fixtures are to be provided to showerheads and toilets and shall be

at least AAA rated water efficient. These are matters that can be addressed by conditions of consent. Part 7.2 of DCP 2006 Waste Minimisation and Management The applicant has provided a Waste Management Plan in accordance with Council’s DCP requirements. Part 9.2 of DCP 2006 Access for People With Disabilities The DCP requires that where there are structural alterations to existing commercial buildings, the development must comply with all applicable provisions of the DCP. The DCP identifies varies design requirements that are applicable to developments. These requirements are in respect to AS1428. A condition of consent can be imposed to ensure that the development complies with AS1428. The DCP also requires 1 disabled car parking space to be provided. This is proposed on the ground floor of the development adjacent to the existing lift and walkway to Cox’s Road. The development is satisfactory in terms of disabled car parking. Part 9.3 of DCP 2006 Car Parking The DCP requires consideration to be given to the following: 1. Parking required in respect of specific uses; 2. On-site loading and unloading; and 3. Design of parking areas. These matters are discussed below: 1. Parking required in respect of specific uses The existing development requires a total of 52 car parking spaces.



The DCP requires that car parking is required for the alterations and additions to the development as well as existing number of car parking spaces being retained. The following table provides information in respect of the car parking required for the proposed additions:

Use DCP Requirement Officer’s Comments Retail 1 space per 25m2 of

floor area accessible to the public.

At this stage, the use of the shop that will occupy this space is not known. The approach adopted by the RTA is that a maximum of 75% of the retail shop would be considered as nett leaseable floor space and accessible to the public. Using this as a rule of thumb, the potential increase in floor space that would be applicable for the retail shops would be 24.2m2 per shop and this would generate the need to provide 3 additional car parking spaces.

Commercial 1 space per 30m2 6 spaces are required. Restaurant 1 space per 25m2 in

established commercial areas

4 spaces are required.

Total additional spaces required 13 spaces This results in the development being required to provide a total of 65 car parking spaces. The provision of the additional level of car parking will result in the development being provided 73 car parking spaces which exceeds the Council’s requirements. To access the additional deck of car parking, an access ramp is proposed adjacent to the existing exit from the ground level of the car park into the Council’s car park. To minimise conflict between vehicles exiting the lower and upper ramps of vehicles travelling within the Council’s car park aisles, the applicant has proposed that the upper deck be restricted to tenant parking only. This will result in tenants having access to 34 car parking spaces and visitors to the site having access to 39 parking spaces. Council’s DCP does not provide a distinction between tenant and visitor parking spaces for the various uses within the building. The number of spaces proposed is likely to be satisfactory for both user groups of the building. This approach is supported by Council’s Traffic Engineer and Development Engineer. The issue of the applicant using the Council’s car park to gain ingress and egress to the upper car parking level has been discussed under the sub heading “Design of Parking Areas” and referrals.



2. On-site loading and unloading The DCP requires that loading docks are to be provided. The loading dock should be located in such a position that vehicles do not stand on any public road, footway, laneway or service road and that where possible, vehicles entering and leaving the site move in a forward direction. The development does not propose a loading zone. Access to the rear of the property is currently via an entry only driveway from Cox’s Road at the southern end of the site. This access has a headroom restriction of 2.8 metres. This currently limits the access to small delivery vehicles only (e.g. vans and utilities). These vehicles are able to adequately access the existing car parking spaces without the need for a specified loading dock. The existing entry arrangements and the head height restrictions to the car parking are not proposed to be changed as a result of this application. As such all delivery vehicles will be restricted to vans and utilities. The increase in floor space is reasonably small to each shop, commercial premises and restaurant. This increase is unlikely to substantially change the existing access arrangements. Any approval could be conditioned to include a condition on the consent that requires that all deliveries to the premises are to be undertaken by either vans or utilities. Also the condition of consent could be imposed to require a parking space to be allocated as a designated loading zone. 3. Design of parking areas All car parking areas are to be designed to be in accordance with AS2890.1 and 2890.2. The development complies with these Australian Standards. Access to the car park is currently via Cox’s Road adjacent to the eastern boundary of the site. The car parking located at the rear of the building is one way with egress being via the Council’s car park. It appears that the access and egress to the property has been like this since 2001. Prior to this date, both ingress and egress to the property was via the Council car park. A title search of the Council’s car park has revealed that there is no right of way or easement for this egress. It appears that the egress into Council’s car park currently exists as an informal arrangement. As a result of this development, an additional level of parking will be provided. Access to the upper car parking area will be provided to and from the Council’s car park via a new ramp. The ground level of the car parking will retain the existing access from the eastern end of the site from Cox’s Road and exit via the Council’s car park.



Council’s Manager Buildings and Property has advised that given that the applicant is requiring access from the council’s car park, it will be necessary for the applicant to enter into a leasing agreement with Council. At this stage the leasing agreement has not been finalised. It would however be possible to include a deferred commencement condition on any consent which would require the finalisation of the lease agreement before the consent becomes operational. 10. Likely impacts of the Development Traffic and Car Parking Part of the amended information submitted to Council included a review of the traffic and parking arrangements of the proposed development by a Traffic Consultant. This included a survey of the existing car park and the Council’s car park. The following is a summary of the results of the survey as provided by the external Traffic Consultant: Council’s car park is heavily utilised, particularly in the PM peak periods which

coincide with the end of school hours. Parents were observed to utilise the Council car park, and to a lesser extent the

site’s car park, as a drop off / pick up area for school children of the adjacent schools. Turnover in car parking within both car parks was relatively high which is reflected

in the volume of traffic entering and exiting the car park. On average a length of stay in the order of 15-25 minutes occurs during the peak periods. Vehicle circulation within the car park generally flows in a one way movement,

thereby minimising internal vehicle conflicts. This natural circulation pattern could be reinforced with additional line markings (i.e. directional arrows). Vehicle circulation speeds within the car park are low. No significant queuing occurred at the internal intersection of the site’s access

into the Council car park. Minor vehicle queuing (max 3 cars) was observed on the driveway exit from the

Council car park at Cox’s Road. This queuing was associated with school children pick up times in the afternoon. Weekend demand for the Council car park and the site’s car park is high at times

corresponding to services of the adjacent church. This indicates that a significant percentage of spaces are occupied by people attending church services. The friction between the pedestrian crossing of Cox’s Road and the various car

park accesses creates a slow speed environment along Cox’s Road. This is considered consistent with the objectives of a village shopping / community centre.

The proposed development will provide for an additional 21 car parking spaces on the site. The traffic assessment has concluded that the traffic generation associated with an additional 21 cars will not have a significant adverse impact on the car park access capacity or the Council’s car park.



To facilitate conflict between vehicles exiting the lower and upper ramps and vehicles travelling within the Council’s car park aisles, the traffic report has recommended several measures. These measures include: 1. The upper parking area be assigned as tenant parking only. Access is proposed

to be controlled by a boom gate as identified on the architectural plans. 2. The provision of a flat grade zone on the ramp before crossing onto Council’s car

park land. This will encourage cars to stop on the flat area rather than the slope. 3. The provision of barriers such as kerbs and bars be provided where there is a

drop in excess of 600mm. These measures have been incorporated onto the architectural plans. During the assessment of the development application concern has been raised by Council’s Development Engineer in respect to the garbage truck access to the site. The applicant has provided information that the waste collection is via a contracted waste collection service. As such the vehicle type to collect the waste can be selected to suit the site. In this instance, the applicant has provided information which demonstrates the height of the truck is 2.5 metres. This height will allow for the clearance beneath the head height restrictions of the entry access to the ground level car park. The design of the ground level will also allow for adequate manoeuvring of the truck without the need to illegally access the site from Council’s car park. A condition of consent can be imposed on any consent to reflect this requirement. Another concern previously raised with this development application is the impact that the proposed ramp would have on the Council’s car park. The applicant had previously failed to provide information to demonstrate that the ramp would not protrude into the Council’s car park ad not clash with the ramp to the golf course. The amended plans have increased the length of the ramp from Council’s car park to the top level of car parking to about 12 metres. This has resulted in the gradients and transitions of the ramp being in accordance with AS2890.1 – 2004 and resulting in no impact to the Council’s car park. 11. Suitability of the site for the development The site is not subject to any natural constraints that would affect the suitability of the site for the development. 12. The Public Interest As part of the comprehensive review of the LEP, it is proposed to undertake a master plan of the Cox’s Road retail centre as well as investigate appropriate floor space ratios, heights and permitted uses.



It would not be in the public interest to approve such a large variation to the floor space ratio until such time as the master plan and study is completed and adopted by Council. 13. Management Plan Linkages Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 46 of the Management Plan 2009-2013):

P2 A city that plans for people by involving them in decision making to improve their

quality of life. The community was extensively consulted in accordance with Development Control Plan 2006 – Part 2.1, Notifications of Development Applications. No submissions were received from the community.

Assets This project will not meet the following key outcomes for Assets (set out on page 56 of the Management Plan 2009-2013):

A1 Well designed streets and paths where motorists, cyclists and pedestrians feel

safe. A2 Well designed places and spaces that minimise personal harm and where

people interact with each other. A3 A high standard of visual appearance for our infrastructure, built environment

and public areas. To ensure that the development complies with these key objectives, the master planning process of the site should be completed. These matters would all be addressed in the master plan. For this reason, it is recommended that further consideration of the development application be deferred until such time as the master plan is completed and adopted by Council.

Environment This project meets the following key outcomes for Environment (set out on page 67 of the Management Plan 2009-2013):

E1 Clean air through better integrated transport systems. E2 Clean water through control of pollution entering our waterways and through

protection of these waterways. For any approval, it would be necessary to impose Council’s requirements for the protection of the environment.



Governance This project does not meet all of the following key outcomes for Governance (set out on page 75 of the Management Plan 2009-2013):

G1 Improved awareness and understanding of Council’s decisions by the

community. G2 Members of the community are engaged in democratic decision making. G5 Compliance with all legislative requirements and statutory obligations. The proposal will meet the first two key outcomes. The application was advertised and notified in accordance with Development Control Plan 2006 – Part 2.1 , Notification of Development Applications. The application was advertised in the Ryde City View and the Northern District Times on 10 December 2008 and on 19 August 2009. During the notification period, no submissions were received. Numerous meetings have occurred with the applicant with the aim of providing a more appropriate development for the site. All relevant legislative and statutory requirements as stipulated under Section 79C of the Environmental Planning and Assessment Act, 1979 have been addressed in this report. 14. Consultation – Internal and External Internal Referrals: Property Manager – Development: The following comments were provided by Council’s Property Manager – Development. As discussed the matter is yet to be finalised, but the issues of access over Council adjoining car park will require negotiation prior to any final DA approval. A deferred commencement is to be conditional on completing a leasing agreement to use the adjoining Council car park. Could you please advise the Building and Property Division if and when the proposed deferred commencement is issued so that we can organise negotiations with the owners for any leasing of Council’s car park land.

Development Engineer: No objection was raised to the development application subject to appropriate conditions of consent. Building Surveyor: No objections subject to appropriate conditions of consent. Environmental Health Officer: No objections subject to appropriate conditions of consent.



Traffic Engineer: No objections have been raised. 15. Critical Dates There are no critical dates or deadlines to be met. 16. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 17. Other Options In the circumstances, it is considered that Council has the following three options: 1. Defer the determination of the development application. The purpose of this

option would be to allow the master planning process which was endorsed by Council at its meeting held on 13 October 2009 to be completed. This option would enable all of the development options to be considered as well as provide more appropriate controls for the site. As the master plan is likely to be completed by December 2009, this option would result in the development application being deferred until early 2010.

2. Approve the development application subject to the conditions contained in

Annexure A. This option is appropriate if the Council is of a mind that the applicant’s SEPP 1 in respect to floor space ratio is considered to be well founded and demonstrates that compliance with the control is unreasonable and unnecessary.

3. Refuse the development application due to non compliance with the floor space

ratio as required under the Ryde Planning Scheme Ordinance and the Draft Local Environmental Plan 2008 and any other reasons that Council thinks appropriate.

18. Conclusion: The development application has been assessed against the relevant planning controls and the development results in a non-compliance with the floor space ratio. The increase in floor space results in a development that significantly exceeds Council’s maximum floor space ratio for the site. As part of the Small Centres study, Council has previously resolved to support the landowners in part of Cox’s Road to prepare a master plan for the centre. Part of this master plan will also be the development of a concept plan which would outline building envelopes. Until this process is completed and adopted by Council, the current development application should not be determined. For this reason, the development application is recommended for deferral until the above process is completed.



RECOMMENDATION: That the applicant be advised that consideration of Local Development Application No. 766/2008 at 142-148 Cox’s Road, North Ryde, being alterations and additions to a retail and commercial building be deferred until such time as the master plan and for the Cox’s Road retail centre is completed and adopted by Council.

ATTACHMENTS 1 Draft conditions 2 Map 3 Plans Report Prepared By: Sandra Bailey Team Leader Major Developments Report Approved By: Liz Coad Manager Assessment Dominic Johnson Group Manager Environment & Planning



ANNEXURE A ATTACHMENT 1 PART 1 CONDITIONS RELATING TO A DEFERRED COMMENCEMENT

CONSENT PURSUANT TO SECTION 80(3) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

The following condition is a Deferred Commencement condition imposed pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979. This consent shall not operate until amended plans and/or additional information are submitted where necessary to fully address to Council’s satisfaction the following matters: 1. A satisfactory leasing agreement is to be finalised between the owners of the

property and Council for the use of the adjoining Council car park. PART 2 GENERAL CONDITIONS OF CONSENT GENERAL 1. Development is to be carried out in accordance with the following plans and support

information submitted to Council.

Plan name Plan number Site Plan D01B dated 21/7/09 Ground floor plan D02E dated 28/9/09 First floor plan D03E dated 28/9/09 North and south elevation D04D dated 28/9/09 Sections D05B dated 23/9/09 Sections D06E dated 28/9/09 Part ground and part first floor plan D07 dated 28/9/09

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

the Building Code of Australia. 3. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

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



4. The applicant may apply to the Council or an accredited certifier for the issuing of

a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

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

5. Protection of Public Places

a) If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

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

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

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

6. Excavations and backfilling

a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

7. Retaining walls and drainage

If the soil conditions require it:

a) retaining walls associated with the erection or demolition of a building or

other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage. 8. Support for neighbouring buildings


a) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:



i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an approved

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

the footings of a building on an adjoining allotment of land, give notice 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.

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

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

9. The applicant is advised that any erection of signs on advertising structures not

indicated on the development consent plans requires the submission of a new development application to Council.

10. The shop front may incorporate only see-through security grilles or translucent

barriers to ensure maximum light is transmitted to footpath areas. Metal or roller shutter doors are not permitted. Development consent is required for any security grilles or translucent barriers.

11. Sanitary facilities - Sanitary facilities must be provided in accordance with the

requirements of the Building Code of Australia. 12. Provision of garbage room - The garbage room must be provided in a

convenient location on the premises for the storage of garbage and recyclable materials.

13. Ventilation of rooms - Every habitable room, sanitary compartment or other

room occupied by a person for any purpose must be provided with adequate natural ventilation or an approved system of mechanical ventilation.

14. Plumbing and drainage work - All plumbing and drainage work must be carried

out in accordance with the requirements of Sydney Water Corporation. 15. Noise and vibration from plant and equipment - Unless otherwise provided in

this consent, the operation of any plant or equipment installed on the premises must not cause: (a) The emission of noise that exceeds the background noise level by more than

5dBA when measured at, or computed for, the most affected point, on or within the boundary of the most affected receiver. Modifying factor corrections must be applied for tonal, impulsive, low frequency or intermittent noise in accordance with the New South Wales Industrial Noise Policy (EPA, 2000).



(b) An internal noise level in any adjoining occupancy that exceeds the

recommended design sound levels specified in Australian/New Zealand Standard AS/NZS 2107:2000 Acoustics – Recommended design sound levels and reverberation times for building interiors.

(c) The transmission of vibration to any place of different occupancy. 16. Design and Construction Standards. All engineering plans and work shall be

carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

17. Service Alterations. All mains, services, poles, etc., which require alteration shall be altered at the applicant’s expense.

18. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

19. Road Opening Permit. The applicant shall apply for a road-opening permit where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

PRIOR TO CONSTRUCTION CERTIFICATE 20. A contribution for the services in Column A and for the amount in Column B shall

be made to Council prior to the issue of the Construction Certificate. A B Community & Cultural Facilities $10,015.77 Civic & Urban Improvements $15,928.15 Roads & Traffic Management Facilities $3,038.62 Cycleways $1,354.68 Stormwater Management Facilities $4,199.26 Plan Administration $364.87

The total contribution is $34,901.35



This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 adopted by City of Ryde on 11/12/2007.

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

21. A security deposit (category: other buildings with delivery of bricks or concrete or

machine excavation) is to be paid to Council (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

22. An Enforcement levy is to be paid to Council on lodgement of the Construction

Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

23. Documentary evidence of payment of the Long Service Levy under Section 34 of

the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

24. Documentary evidence of compliance with Conditions 21, 22 & 23 to the

satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

25. Any hot water system installed as part of the development must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase. The location and rating of any new hot water system is to be reflected on the plans submitted with the Construction Certificate.

26. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roof

insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating. Insulation of brick cavity walls is not required. Details are to be noted on the plans submitted with the Construction Certificate.

27. Water Efficient Fixtures - Showerheads and toilet cisterns shall be at least AAA

rated water efficient. Bathroom and kitchen taps shall be fitted with aerators and water closets shall have a dual flush cistern. Details are to be noted on the plans submitted with the Construction Certificate.



28. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. Please refer to the website www.sydneywater.com.au for: • Quick Check agents details - see Building, Developing and Plumbing then

Quick Check; and • Guidelines for Building Over/Adjacent to Sydney Water assets - see Building,

Development and Plumbing then Building and Renovating. Or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

29. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

30. A "Fire Safety Schedule" must be provided prior to issue of the Construction

Certificate; specifying the fire safety measures (both current and proposed) to be implemented in the building premises. The fire safety schedule must deal with the whole of the building (not merely part of the building to which this development consent relates), in accordance with Clause 168 - Environmental Planning & Assessment Regulation 2000.

31. Mechanical ventilation details - Details of alterations to any existing systems,

must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include: (a) Certified plans of the proposed work, with any alterations coloured to

distinguish between new and existing work; (b) A site survey plan showing the location of all proposed air intakes and

exhaust outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings in the vicinity;

(c) A completed Mechanical Services Design Certificate (Form M1), together with a copy of the certifier’s curriculum vitae; and

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



32. Access for disabled people shall be provided in the building or portion of the

building in accordance with Part D.3 of the BCA and to the standards set out in AS 1428.1.

33. Control of Stormwater Runoff. Stormwater runoff from all impervious areas

shall be collected and piped by gravity flow to the public road drainage system. Accordingly, the existing stormwater system shall be investigated in relation to functional serviceability and upgraded and/or new system installed where required to comply with Part 8.2 of council’s Stormwater Management Manual.

Engineering plans demonstrating compliance with the above are to be submitted with the Construction Certificate application.

34. Car Parking. All internal driveways, vehicle turning areas and parking space dimensions etc. shall comply with AS 2890.1-2004 and AS 2890.2-2002 where applicable. Accordingly the following shall be incorporated into the design of the parking facility on site.

a. Provision of a waste collection facility and manoeuvring area on site which will

enable the hoarding and safe removal of waste from the site. The largest waste vehicle visiting the site shall be restricted to the size nominated in the Traffic Report by Halcrow MWT dated 28.9.09. (Vehicle clearance height, width, length, height in operation and turning circle of 2.5, 2.5, 8.0, 3.4 and 17.17m respectively). The design shall ensure all waste vehicles enter and leave the site in a forward direction via Cox’s Road eastern driveway entry and the Council’s carpark respectively.

b. Provision of a loading bay to accommodate the safe loading and unloading of

goods to and from the site. The size of vehicles to be used for this purpose shall be restricted to van and utilities vehicles only as specified in the traffic report by Halcrow MWT dated 28.9.09. The design shall ensure all vehicles enter and leave the site in a forward direction via Cox’s Road eastern driveway entry and the Council’s carpark respectively.

c. Provision of signage and line marking to guide motorists and also control the traffic

flow visiting the site and the Council’s carpark. Accordingly, a plan showing the proposed locations and type of signs etc is to be submitted to the Ryde Traffic Committee for consideration and approval.

Engineering plans prepared by a qualified practising traffic engineer indicating compliance with the above are to be submitted with the Construction Certificate application.



35. Traffic Management Plan. To ensure safe construction traffic flow on site a

Traffic Management Plan (TMP) and report shall be prepared by an RTA accredited person and submitted to and approved by Council prior to issue of Construction certificate The TMP shall be prepared in accordance with Australian Standard 1742 – “Manual of Uniform Traffic Control Devices”, the RTA’s Manual – “Traffic Control at Work Sites” and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities. The TMP is to address but not be limited to the loss of on-street parking, construction vehicles travel routes, safety of the public, materials storage, handling and deliveries including construction traffic parking. Additionally, all traffic controllers on site must be RTA accredited traffic controllers and a minimum of seven (7) days notice shall be given to residents if their access will be affected by proposed construction activities.

36. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary. The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed

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



PRIOR TO COMMENCEMENT 37. ‘Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au. If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

38. All car park lighting is to be designed, installed and maintained to Australian Standard AS1680.2.1 - 1993: Interior Lighting Circulation Spaces and Other General Areas. To this effect, ceilings, columns and other vertical structures (including columns and pipes) should be painted white. Prior to occupation of the building, certification is to be provided to the PCA from a relevant lighting consultant that the development complies with the Australian Standard.

39. The lighting of pedestrian pathways within the development shall be designed,

installed and maintained to Australian Standard AS1158.3.1 – 1999: Road Lighting Pedestrian Area (Category P) Performance and Installation Design Requirements. Areas besides thoroughfares should be evenly lit to avoid concealment or entrapment opportunities.

40. All ground level surfaces are to be treated with anti-graffiti coating to minimise the

potential of defacement. In addition, any graffiti evident on the exterior facades and visible from a public place is to be removed immediately.

41. Sediment and Erosion Control. The applicant shall install appropriate sediment

control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

42. Compliance Certificate. A Compliance Certificate should be obtained confirming

that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities



43. Dilapidation Report. To determine the extent of restoration works that may be

required, the applicant shall submit to Council a pre and post construction dilapidation report on the status of existing public infrastructures in the vicinity of the proposed development. The report is to include photographic records, description and location of any existing observable defects of the following infrastructure and others where applicable:

a) Road pavement. b) Kerb and gutter. c) Constructed footpath. d) Drainage pits. e) Traffic signs. f) Any other relevant infrastructure.

These reports shall be submitted to Council development engineer, prior to the issue of the Construction and Occupation Certificate. The report shall be used by Council as Roads Authority under the Roads Act to assess whether restoration works are required prior to the issue of the Occupation Certificate. All restoration works deemed necessary by Council’s development engineer are to be completed to Council satisfaction prior to the issue of Occupation Certificate

DURING DEMOLITION AND CONSTRUCTION 44. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS 2601 (The Demolition of Structures). 45. Security fencing shall be provided around the perimeter of the building/demolition

site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

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

a) During the demolition process notices lettered in accordance with AS1319 displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

b) During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

47. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.



48. Adequate precautions must be taken to control the emission of dust from the site

during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

49. All work involving asbestos products and materials, including asbestos-cement

sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.

50. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must be

disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

51. Adequate arrangements must be made for the storage and disposal of demolition

and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.

52. The occasions on which building work must be inspected are:

a) after excavation for, and before the placement of, any footings. b) prior to covering any stormwater drainage connections, and c) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

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

53. In addition to the abovestated inspections, the Principal Certifying Authority is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

• Sediment control measures. • Security fencing. • Materials or waste containers upon the footway or road. • PCA and principal contractor (the coordinator of the building work) signage and

site toilets.



54. Concrete wastes must be collected, stored and treated in accordance with the

Concrete Wastes guide published by the Environment Protection Authority. 55. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 56. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

57. All excavated material must be removed from the site. No fill is to be placed above

the natural ground level. 58. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

59. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 60. Site toilets shall be provided in accordance with the WorkCover Code of Practice

entitled “Amenities for Construction Work”. PRIOR TO OCCUPATION CERTIFICATE 61. An Occupation Certificate must be obtained from the Principal Certifying

Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

62. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted to

Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in accordance with Clauses 170 and 171 of the Environmental Planning and Assessment Regulation 2000.

63. Certification of mechanical ventilation work - A Mechanical Services

Completion and Performance Certificate (Form M2) must be submitted to the Principal Certifying Authority on completion and commissioning of all mechanical ventilation work approved under this consent and before the issue of an Occupation Certificate.



64. Compliance Certificates – Engineering. Compliance Certificates should be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA: • Confirming that all external engineering works in Council’s road reserve and

land have been constructed to Council’s satisfaction. • Confirming that the driveway and carparking facility on site have been

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

• Confirming that the site drainage system servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

65. Public Domain Works. The following works shall be constructed at no cost to

Council: a. Provision of “banded” granite paving (with coloured concrete infill) similar to

that which has been constructed along the northern side of Cox’s Road to Council’s satisfaction.

b. The applicant shall make provision for conduits for future underground services as follows:

• Provision for power in accordance with Energy Australia requirements • Provision for telecommunications for existing carriers along Cox’s Road

in accordance with carrier requirements and relevant sections of the Telecommunications Facilities Access Code (This is available from ACCC website via the link: http://w.accc.gov.au/content/index.phtml/itemld/724176

The applicant should arrange a preconstruction meeting with Council’s Public Works division to discuss relevant requirements of the above work.

66. Maintenance Bond. To ensure satisfactory performance of the completed external works, a maintenance period of six (6) months shall apply to all external engineering works completed in relation to this application. The performance period shall commence from Council’s Compliance Certificate issue date.



The applicant shall be liable for any part of the work which fails to perform in a satisfactory manner as outlined in Council’s standard specification. A bond in the form of a cash deposit or Bank Guarantee of $15000 shall be lodged with City of Ryde prior to issue of the Construction Certificate to guarantee this requirement will be met. The bond will only be refunded when the works are determined to be satisfactory to Council after the expiry of the six (6) months maintenance period.

OPERATIONAL 67. The roof material being non-reflective. 68. All external glazing having a maximum reflectivity of 20%. 69. The lighting of the premises shall be directed so as not to cause nuisance to the

owners or occupiers of adjacent/adjoining premises or to motorists on adjoining or nearby roads. All existing and proposed lights shall comply with the Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

70. All loading and unloading in relation to the use of the premises taking place wholly

within the property. 71. All delivery vehicles are to be restricted to either a van or utility. 72. Offensive noise - The use of the premises must not cause the emission of

‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

73. Duty to notify pollution incidents - Pollution incidents causing or threatening

harm to the environment must be reported to Council as soon as practicable on Tel. 9952 8222.

Planning and Environment Committee Page 36 ITEM 2 (continued) ATTACHMENT 2




3 53 - 71 AGINCOURT ROAD MARSFIELD. Lot 10 DP 1100767. - Local Development Application for Domed Metal Roof to the existing Gazebo at Curzon Hall. LDA2009/242 and BC2009/35.


Report prepared by: Consultant Town Planner Report approved by: Manager Assessment; Group Manager Environment &

Planning Report dated: 21 October 2009 File Number: lda2009/242/003 -

BP09/842


Applicant: F Navarra. Owner: F & S Navarra. Date lodged: 20 May 2009.

This report considers two matters: 1. Building Certificate Application BC 2009/35 for a building certificate on a partially

constructed gazebo within the grounds of Curzon Hall that has been erected without Council consent. Council’s Building Surveyor has assessed the application and structural engineer’s certificate and recommends the Building Certificate be issued.

2. Local Development Application 2009/242 to construct an open domed steel framed roof on the partially constructed gazebo. Council’s Heritage Officer has no objection to the proposal. One objection was received as a result of public notification. The objector raises a number of issues mostly relating to the ongoing management of the facility.

The Land & Environment Court approved the construction of a ballroom on the north eastern side of Curzon Hall and this is currently under construction. A smaller garden gazebo that was previously used for outdoor weddings was demolished to allow construction of the ballroom. The approved plans showed a “Temporary Removable Gazebo” where the present partially constructed structure is located. Subsequently the present structure was erected without consent and a report was considered by the former Development Committee on 1 April 2008. The Committee resolved to take no action and advised the owner that it must be removed when the ballroom was completed or within 2 years whichever is the lesser. The previous report is CIRCULATED UNDER SEPARATE COVER. This report recommends the building certificate be issued and that consent be issued to the open dome metal roof on the gazebo.



Reason for Referral to Planning and Environment Committee: Request by the Mayor, Councillor Butterworth. Public Submissions: One (1) submission was received objecting to the development. SEPP1 Objection received? Not required. Value of works? $5000.00 2. Site (Refer to attached map.)

Address : 53 - 71 Agincourt Road, Marsfield

Site Area : 9708m2 : Frontage 131.54m to Agincourt Road : Depth 66.515m to Balaclava Road

Topography and Vegetation

: The site is relatively level although there is a slight fall to the northeast

Existing Buildings

: The site is occupied by a heritage listed building known as Curzon Hall and is presently used as a function centre.

Planning Controls

Zoning : Business Special (Restaurant & Reception Centre) 3(e) in Ryde Planning Scheme 1979.

Other : DCP 2006

- 7.2 Waste Management

3. Councillor Representations: Name of Councillor: Mayor Councillor Butterworth Nature of the representation: Called up the application to the Planning and Environment Committee Date: 28 May 2009 Form of the representation (e.g. via email, meeting, phone call): Email On behalf of applicant or objectors? Not known Any other persons (e.g. consultants) involved in or part of the representation: Not known



4. Political Donations or Gifts Any political donations or gifts disclosed? No donations disclosed 5. Proposal The application is to attach an open dome steel framed roof to an existing base and 8 pillars to complete a gazebo in the grounds of Curzon Hall. The dome has a diameter of 5m and is 1.725m high. When completed the gazebo will be 5.7m high, will be of masonry and steel construction and will be finished in colours that will make it compatible with Curzon Hall as shown in the photo montage submitted with the application.

6. Background 1983 Council consented to the use of the site as a reception centre.

17/8/06 The Land & Environment Court issued a Deferred Commencement

Consent to LDA894/2004 to construct a new ballroom and 2 storey car park with ancillary works in the grounds of Curzon Hall. The consent was not to operate until a Conservation Management Plan (CMP) was approved. The CMP was approved on 7 May 2007 and the consent became operative from that date. The plans approved by the Court showed a “Temporary Gazebo” in the location of the work subject of the present application. Condition 11 of the consent issued by the Court required the submission of an amended landscape plan that was subsequently approved on 23 July 2007. This plan similarly shows the temporary gazebo as shown on the plans approved by the Court. An extract of the approved plan with



the location marked follows:

1/4/08 The former Development Committee considered a report (CIRCULATED UNDER SEPAPARATE COVER) that a circular structure with columns had been erected in the grounds of Curzon Hall without consent. At that time the Manager of Curzon Hall advised that the structure was temporary until early 2010 and acknowledged that a development application was required for a permanent structure. The Committee resolved: (a) Not to issue an Order requiring demolition and removal of the gazebo. (b) To advise the owner that the gazebo must be removed and the

landscape reinstated on the completion of the ballroom and/or within 2 years whichever is the lesser.

20/5/09 The present development application was lodged.

24/6/09 Site inspected and present structure noted as shown in the following

photograph. Council files researched to obtain background.



26/6/09 Applicant forwarded photographs of a previous rose garden gazebo that had been demolished to make way for the ballroom.

7/7/09 Heritage Officer comments received advising no objection to the proposal.

8/7/09 Letter to applicant advising that Council cannot approve a development application where part of the work had been carried out. The applicant was advised to submit an application for a Building Certificate for the completed works and that both applications would be submitted to Council for determination.

4/8/09 Building Certificate 2009/35 received for the partially completed structure. 7. Submissions The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised on 10 June 2009. Notification of the proposal was from 3 June 2009 until 25 June 2009 and one (1) submission was received. The issues raised in the submission were;

• The structure diminished the architecture of the building and has no purpose or function.

• The ballroom and gazebo reduce the area available for landscaping. The structure and associated lighting are in direct view.

• Only accepted proposal for the structure is additional trees and landscaping to provide natural barrier for noise generated from functions at Curzon Hall. Excessive alcohol consumption compounds noise and litter. Current owners make no attempt to restrain patrons from making noise and make no effort to repair damage or litter caused by patrons.

• Owners make no effort to limit the capacity of patrons on the site leaving the neighbourhood streets choked with cars.

• External signage often placed on the fence in up to 12 places without any consideration to the neighbourhood.



• Construction noise begins as early as 4 am and works done 7 days a week. • Application should be refused, the structure demolished and replaced with

landscaping. Comment Many of the comments relate to ongoing management practices and with matters associated with construction of the ballroom that are not part of this application. The landscaping plan approved by the Land & Environment Court increases landscaping along both street frontages and this will increase screening of the gazebo from the roads when it matures. COPY OF APPROVED LANDSCAPE PLAN CIRCULATED SEPARATELY. There were no signs on the fence when the site was inspected however banners have been observed attached to the fence from time to time advertising functions at Curzon Hall. The concerns relating to noise relate to the use of the premises and not specifically the gazebo. Nonetheless condition 16 has been included prohibiting any lighting or amplified sound in conjunction with the gazebo. The Land & Environment Court approval includes additional on site parking. Construction noise is controlled by conditions included in the consent issued by the court and similarly condition 12 has been included in the recommendation. Any breaches can be investigated and appropriate action taken by Council’s Environmental Health & Building Division. Any donations or gifts disclosed in submission? None disclosed. 8. SEPP1 Objection received? Not required. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning Business Special (Restaurant & Reception Centre) 3(e)



Mandatory Requirements

The following are applicable to this application.

Ryde PSO Proposal Compliance Cl 51- Floor Space Ratio • 0.33:1 The gazebo is not subject to FSR NA Cl 72A – Curzon Hall The council shall not grant consent to the carrying out of development on land to which this clause applies if that development -

(a) will in the opinion of the council detrimentally affect or significantly alter the appearance of the building known as "Curzon Hall"; or

Council’s Heritage Officer has no objection to the proposal.

Considered

(b) provides for pedestrian or vehicular access to Balaclava Road.

No change to existing situation NA

Cl. 86 – Protection of Heritage Items

• Item 101 – 53 Agincourt Road (Curzon Hall).

o Assess impact on significance

See comments by Heritage Officer Yes

o Heritage impact statement required

Statement submitted and assessed by Heritage Officer

Yes

(b) Relevant SEPPs There are none relative to this proposal. (c) Relevant REPs There are none relative to this proposal. (d) Any draft LEPs Council on 5 May 2009 adopted Draft Local Environmental Plan 2008. Under this Draft LEP, the zoning of the property is R2 Low Density Residential. Clause 2.5 allows additional uses specified in Schedule 1 and permits Curzon Hall to be used as a restaurant & function centre and any use ancillary to those uses. Clause 5.10 contains similar heritage controls to the Ryde Planning Scheme Ordinance.



The proposed development is permissible with consent within this zoning under the Draft LEP, and it is considered that the proposal is not contrary to the objectives of the Draft LEP or those of the proposed zoning. (e) Any DCP DCP 2006 7.2 - Waste Minimisation and Management. A waste plan was not submitted with the application. The dome will be precast elsewhere and placed on top of the existing structure. Little or no waste will be generated and therefore a waste plan is not required. 10. Likely impacts of the Development (a) Built Environment The gazebo replaces a smaller garden gazebo that was nearby and was demolished to make way for the ballroom. The proposed gazebo does not introduce a new function into this area as wedding ceremonies were previously conducted in the open with the reception inside the building. Council’s Heritage Officer does not have any objection to the proposal and indicates it will have minimal impact on Curzon Hall and its setting. (b) Natural Environment The placing of an open metal domed roof on the existing structure will have no impact on the natural environment. Council’s Heritage Officer requires low level landscaping along both road frontages to soften the visual impact. Work associated with the approved landscaping plan has not been carried out on the site as yet. The plan shows the existing planting strip to be widened and shrubs and plantings increased. It is considered that the approved landscaping plan will satisfy the concerns of the Heritage Officer and the objector. 11. Suitability of the site for the development The proposal is ancillary to the existing reception centre on the site. 12. The Public Interest There is no issue of public interest that warrants refusal of the proposal. The gazebo replaces a smaller gazebo that has been used for outdoor wedding ceremonies at Curzon Hall.



13. Management Plan Linkages Relationship to Key Outcome Areas


P1 A vibrant city that is economically strong and engages its community through

cultural and social activities. P2 A city that plans for people by involving them in decision making to improve their

quality of life. P3 A harmonious community through a culturally enriched and respectful society.

Application notified and submissions considered in assessment of the proposal.

Assets This project meets the following key outcomes for Assets (set out on page 56 of the Management Plan 2009-2013):

This matter has no direct relationship to this key outcome area.


E1 Clean air through better integrated transport systems. E2 Clean water through control of pollution entering our waterways and through

protection of these waterways. E4 Strong links to the past through protection, conservation and interpretation of

our heritage.

Proposal considered in light of applicable planning controls. Condition imposed to control impacts.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2009-2013):


community. G2 Members of the community are engaged in democratic decision making. G5 Compliance with all legislative requirements and statutory obligations. G6 An efficient and effective regulatory environment. Application notified to seek community comments. Application processed and assessed in accordance with relevant legislation controls. Conditions imposed to minimise impacts.



14. Consultation – Internal and External

Building Surveyor: Memo 13 October 2009: Council is in receipt of a building certificate application for the existing gazebo structure at 53-71 Agincourt Road, Marsfield (Curzon Hall). The applicant is Filippo Navarra. The existing class 10a (Building Code of Australia) structure combines:

• a sandstone coloured concrete round base of 6.5m diameter, approximately 450mm high with circumference steps; with

• four ornate columns approximately 3.5m in height erected upon the base. The building certificate application was accompanied by:

• A consulting engineer’s report from Meinhardt (NSW) Pty Ltd, dated 3 August 2009.

• A surveyor’s report prepared by Anthony Todarello, registered surveyor, dated 24 July 2009.

The engineer’s certificate attests to the design and construction of the existing gazebo elements. Whilst the survey report demonstrates the structure well within boundaries and unremarkable in terms of encumbrances, easements or other restrictions. The structure was inspected by Council’s building surveyor on the 4 September 2009 in response to the building certificate application. In light of the engineer’s report, survey report and building surveyor’s inspection, no objection is raised from a building standpoint, to the retention of the existing base and column structure. The Building Surveyor also provided the following comments in relation to the development application: With regard to the proposed steel framed roof to cap the existing structure, no objection is raised, subject to the following conditions: The conditions have been included in the recommendation under their appropriate headings. Heritage Officer: Memo 7 July 2009: The structure is free standing, of sympathetic materials and colours, and located outside the main view lines to and from Curzon Hall. The structure is considered to have minimal heritage impact on Curzon Hall and its setting. It is recommended that appropriate low level landscape be added along Balaclava Rd. and Agincourt Rd. to soften the visual impact of the gazebo from these streets. 15. Critical Dates There are no critical dates or deadlines to be met.



16. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 17. Other Options The only other option is to refuse both applications and issue orders to demolish and remove the unauthorised structure. This alternative is not supported. • There is no structural or other impediment to the issue of the building certificate. • Council’s Heritage Officer indicates that the structure will have minimal impact on

the heritage significance of Curzon Hall. • A facility previously existed for open air wedding ceremonies in this part of the

gardens of Curzon Hall. 18. Conclusion: The structure has been on the site for some considerable time. A gazebo, albeit temporary, is shown on the plans approved by the Court. There are no specific conditions in the Court issued consent or transcript that address the gazebo. Council previously considered a report on this unauthorised structure and could have issued an order to demolish and remove it. Instead Council resolved not to issue the order but to allow it to remain until early 2010. In the meantime the applicant has lodged a Building Certificate Application and a Development Application to allow the gazebo to remain. Council is able to approve both applications. No objection has been raised by Council’s Heritage Officer. Increased landscaping of the site will occur when works associated with the landscaping plan approved in conjunction with the ballroom are carried out. RECOMMENDATION: (a) That Building Certificate BCT2009/35 for the partially completed gazebo at 53 –

71 Agincourt Road, Marsfield (Curzon Hall), being lot 10 in DP 1100767, be approved.

(b) That Local Development Application No. 242/2009 to attach a steel framed

domed roof to the partially completed gazebo at 53 – 71 Agincourt Road, Marsfield (Curzon Hall), being lot 10 in DP 1100767, be approved subject to the following conditions;

GENERAL 1. Development is to be carried out in accordance with the Plans No. AR

DA01-02A and support information submitted to Council.



2. Compliance with the Building Code of Australia

a) All building work (other than work relating to the temporary building)

must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

b) This clause does not apply to the extent to which an exemption is in

force under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000, subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).

3. Prior to commencing any construction works, the following provisions of

the Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be



4. The applicant may apply to the Council or an accredited certifier for the

issuing of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s. Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

PRIOR TO CONSTRUCTION CERTIFICATE

5. An Enforcement levy is to be paid to Council on lodgement of the Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

6. Documentary evidence of compliance with Condition 5 to the satisfaction

of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.



7. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. Please refer to the website www.sydneywater.com.au for: • Quick Check agents details - see Building, Developing and Plumbing

then Quick Check; and • Guidelines for Building Over/Adjacent to Sydney Water assets - see

Building, Development and Plumbing then Building and Renovating. Or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

DURING CONSTRUCTION

8. The occasions on which building work must be inspected are:

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

building element d) prior to covering waterproofing in any wet areas e) prior to covering any stormwater drainage connections f) after the building work has been completed and prior to any

occupation certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request. Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the critical stage inspections must be carried out.



9. Concrete wastes must be collected, stored and treated in accordance with

the Concrete Wastes guide published by the Environment Protection Authority.

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

drainage system. 11. The L10 noise level measured for a period of not less than 15 minutes

while demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

12. All demolition and all construction and associated work is to be restricted

to between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

13. No spoil, stockpiles, building or demolition material is to be placed on any

public road, footpath, park or Council owned land. 14. Site toilets shall be provided in accordance with the WorkCover Code of

Practice entitled “Amenities for Construction Work”. PRIOR TO OCCUPATION CERTIFICATE 15. An Occupation Certificate must be obtained from the Principal Certifying

Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

OPERATIONAL 16. No lighting (permanent or temporary) or amplified music, loudspeakers

and the like shall be permitted to be used in conjunction with the gazebo. (c) That the persons who made submissions be advised of Council's decision.



ATTACHMENTS 1 Map 2 Plans Report Prepared By: Don Smith Consultant Town Planner Report Approved By: Liz Coad Manager Assessment Dominic Johnson Group Manager Environment & Planning



4 18 MIRIAM ROAD, WEST RYDE. Lot 78A DP 6272. Local Development Application for urban housing development (2 x 3 bedroom & 1 x 2 bedroom villa homes; two storey villa at front, single storey villas to the rear) and strata subdivision. LDA2009/0001.


Report prepared by: Assessment Officer Report approved by: Manager Assessment; Group Manager Environment &

Planning Report dated: 27 October 2009 File Number: lda2009/1/003 - BP09/857


Applicant: A M Telese Owner: A M Telese Date lodged: 5 January 2009

This report considers a development application for an urban housing development at 18 Miriam Road, West Ryde. The proposal is for three (3) villa homes comprising 2 x 3 bedroom and 1 x 2 bedroom villas. A two storey villa is proposed at the front of the site with two single storey villas located behind. Consent is also sought for strata subdivision. In response to the first notification/advertising period six (6) submissions were received objecting to the proposal. Following the receipt of amended plans the application was re-notified and three (3) submissions were received objecting to the proposal. The issues raised in the submissions include heritage impact, the two storey design of Villa 1, streetscape, overshadowing, privacy, and the impact of the development on a tree within the adjoining property at No.20 Miriam Road. The proposal is considered to be consistent with the intent of Council’s DCP 2006 however does not comply with the controls relating to number of storeys, front setback, solar access, pervious area and planting strips along driveways. The non-compliances with DCP 2006 and the issues raised in the submissions are addressed in the body of this report. Following the receipt of amended plans, Council’s Heritage Officer and Landscape Architect have not objected to the proposal subject to conditions included in the recommendation of this report. On balance, it is considered the proposal does not warrant refusal. Deferred Commencement approval is recommended, which includes conditions to address where appropriate the objector’s concerns and where possible rectify non-compliances.



Reason for Referral to the Planning and Environment Committee: Referred by Group Manager Environment and Planning. Public Submissions: Six (6) submissions were received objecting to the development. SEPP1 Objection: Not required. Value of works: $600 000. 2. Site (Refer to attached map.)

Address : 18 Miriam Road, West Ryde Site Area : 910.8m2

Frontage 22.4 metres (approximate) Depth 39.1 metres (approximate)

Topography and Vegetation : The site consists of a single Torrens Title allotment, is

located on the western side of the Miriam Road and is legally described as Lot 78A DP 6272, No.18 Miriam Road, West Ryde.

The level of the subject site generally falls from west to east (from RL33.57 north-western corner to RL30.57 south-east corner). The site contains five (5) existing trees ranging in height from 4 to 8 metres.

Existing Buildings : The site contains an existing single storey dwelling of

brick and tile construction. The rear yard contains a metal shed and carport structure.

Planning Controls Zoning : Residential 'A' - Ryde Planning Scheme Ordinance R2 Low Density Residential - Draft LEP 2008 Other : Ryde Planning Scheme Ordinance SEPP (Building Sustainability Index: BASIX)

City of Ryde Development Control Plan 2006: Part 3.6 – Urban Housing

Part 7.2 – Waste Minimisation and Management Part 8.2 – Stormwater Management Part 9.2 – Access for People with Disabilities Part 9.4 – Fencing City of Ryde Section 94 Contributions Plan 2007 Draft LEP 2008



Figure 1 – Aerial Photograph of subject site and surrounds. 3. Councillor Representations: Nil. 4. Political Donations or Gifts No political donations or gifts have been disclosed. 5. Proposal Urban housing development for the erection of three (3) villa homes. The proposal comprises 2 x 3 bedroom and 1 x 2 bedroom villa homes. A two storey villa is proposed at the front of the site with two single storey villas to be constructed behind the two storey villa. The proposal also seeks consent for strata subdivision. Two parking spaces (a garage and carport) are proposed for each of the three bedroom villas, a single garage for the two bedroom villa and a visitor parking space is also proposed.



6. Background 5 January 2009 DA lodged. 11 February 2009 A letter was sent to the applicant identifying non-compliances

with Council Development Control Plan 2006 and an omission of details to fulfil requirements of the BASIX Certificate. The non-compliances with Council’s DCP 2006 included height, design, solar access, parking, balcony on front of Villa No.1 and boundary fencing.

26 March 2009 Amended architectural plans were received in response to

Council’s letter dated 11 February 2009. 31 March 2009 Following a review of the amended plans a further letter was sent

to the applicant identifying recommended modifications to the design from Council’s Heritage Officer.

15 April 2009 A second set of amended plans were received by Council in

response to the matters raised by Council’s Heritage Officer. 30 April 2009 The application commenced notification (and was advertised in

the Ryde City View on 13 May 2009). 4 June 2009 First notification/advertising period ended. A total of six (6)

submissions were received raising objections to the proposal. In a submission received 3 June 2009 specific concerns were raised regarding the impact of the proposal on a Smooth-bark Apple tree located on the adjacent property at No.20 Miriam Road.

12 June 2009 A letter was sent to the applicant containing comments from

Council’s Development Engineer requesting an amended stormwater management plan and recommending an underground onsite stormwater detention system be devised.

16 June 2009 The applicant submitted a third set of amended plans (including

colour and material details) in response to the comments from Council’s Heritage Officer. Subject to conditions, Council’s Heritage Officer advised the revised plans resolved the heritage concerns of the proposal.

20 July 2009 Council Development Engineer advised that an amended

stormwater drainage plan has been submitted and was acceptable subject to conditions.



3 August 2009 Council’s Landscape Architect advised that the application could

not be supported because of the potential long term damage to the Smooth-bark Apple tree on the adjacent property and these comments were referred to the applicant. Council’s Landscape Architect subsequently met on site with the applicant’s arborist in first week of August.

11 August 2009 A letter was sent to the applicant dated requesting amendments

to the proposal to maintain the health of the tree at No.20 Miriam Road.

13 August 2009 Council received from the applicant a report from their consultant

arborist regarding the subject tree at 20 Miriam Road. 17 August 2009 Council received a fourth set of amended architectural plans

modifying the design of the proposed carport and retaining the existing concrete slab near the base of the tree, measures aimed at protecting the root zone of the tree.

27 August 2009 Council’s Landscape Architect advised that the amended

architectural plans appear to be in accordance with the advice given by the applicant’s arborist and Council. However the recommended amendments to the stormwater plan, landscape plan and a construction management program were not submitted, these matters now form requirements of the deferred commencement consent as detailed in the recommendation of this report.

1 October 2009 A draft report was considered by Manager Assessment and

Group Manager Environment & Planning on 1 October 2009, it was resolved to notify the amended plans received 17 August 2009 and place the application before the Planning and Environment Committee for determination.

21 October 2009 The second notification period ended 21 October 2009. Three (3)

submissions were received. 7. Submissions The proposal was notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications on two separate occasions, and advertised on one occasion.



The application was advertised and notified for a 21 day period ending on 4 June 2009. In response to this notification period a total of six (6) submissions were received. Following the receipt of amended plans the application was notified for a second time for 14 day period ending on 21 October 2009. In response to the second notification period three (3) submissions were received. Following is a summary of the issues raised in the submissions for both notification periods: a) The proposal will have an unacceptable impact on the heritage and uniqueness

of Miriam Road.

Comment: The subject site is not listed as a Heritage Item and is not contained within a Heritage Conservation or Character Area. However the site is located within 100m of the existing Heritage Item at No.24 Miriam Road. Council’s Heritage Officer has assessed the proposal and suggested modifications to the design which have been incorporated by the applicant in the most recent revised plans received on 17 August 2009.

b) Concerns regarding the proposed two storey design of the Villa fronting Miriam

Road and the appearance of the front elevation.

Comment: The proposed second storey element and the appearance of the proposed dwelling fronting Miriam Road is considered to be acceptable in this instance as:

• the position and design of the proposed second storey element not contained

within the main roof is largely screened from view from Miriam Road and is only able to be seen from Miriam Road on limited angles;

• it is considered the design of the second storey not contained within the main roof is in keeping with the scale of the streetscape of the surrounding area;

• Council’s Heritage Officer has not objected to the proposed design subject to conditions which have been included within the consent; and

• the second storey element not within the main roof measures 3.1m x 5.0m.

c) Adverse impact upon the Smooth-bark Apple tree growing near the rear boundary. This tree is claimed to be 20m high and 60 years old.

Comment: A large Smooth-bark Apple Tree (Angophora costata) exists adjacent to the northern boundary of the subject site. The tree trunk is located in the adjoining property, but there is considerable spread into the subject site. Council’s Landscape Architect (and the applicant’s Arborist) have inspected the subject tree (See Figures 2 & 3) and made recommendations to ensure the tree is not damaged by the proposal.



Figure 2 – Location of subject tree.

Figure 3 – View of subject tree from rear yard of No.18 Miriam Road.



Council received amended architectural plans on 17 August 2009 modifying the design of the proposed carport and retaining the existing concrete slab near the base of the tree, these measures are aimed at protecting the root zone of the tree. Council’s Landscape Architect advised on 27 August 2009 that the amended architectural plans appear to be in accordance with the advice given by the applicant’s arborist and Council. However the recommended amendments to the stormwater plan, landscape plan and a construction management program were not submitted. The following measures to protect the tree now form recommended conditions of consent: (i) The submission to Council of a revised Concept Stormwater Drainage drawing

that provides for the proposed drainage pipes to be located clear of the drip line of the Smooth-bark Apple tree (Angophora costata) that is growing near the north-west corner of the site.

(ii) The submission to Council of a revised Landscape Plan that details the location

of the trunk and canopy spread of the neighbouring Smooth-bark Apple tree (Angophora costata). The Plan is also to include the extent of the tree’s protection zone and the protection zone fencing details. Only shallow plantings being are permitted within 15 metres of the trunk of the tree.

(iii) Submission to Council of a Construction Management Program to ensure the

long term survival of the Smooth-bark Apple tree (Angophora costata). The Program is to include:

a. The demolition and replacement of the fibro fence between the

properties, including the concrete foundations, shall be carried out under the supervision of a suitably qualified Arborist;

b. Retention of the existing concrete slabs near the tree to protect the tree’s root zone;

c. The selective use of piering to construct the carport; d. No drainage or other underground services, including pits, are to be

located within 10 metres of the trunk of the tree; e. No storage of building materials, particularly cement, lime and other

chemicals or heavy stack of bricks are to be permitted in proximity of the tree; and

f. A schedule of supervisory inspections to be undertaken by a suitably qualified Arborist.

(See conditions 1-3 in part 1 of the recommendation.)

d) Adverse shadow impact on adjoining property



Comment: Areas of the adjoining dwellings that will be in shade during the morning will experience solar access in the afternoon, likewise areas experiencing solar access in the morning will be shaded in the afternoon. The adjoining dwellings will still experience, during the 9.00am to 3.00pm mid-winter period, solar access that exceeds the minimum standards contained in Council’s DCP 2006.

e) Loss of privacy for the adjacent property at 16 Miriam Road.

Comment: The proposed two rear villas are single storey design and as such are not considered to be a source of unacceptable overlooking for adjoining properties. Villa 1 fronting Miriam Road is a two storey design and has bedroom and bathroom windows on both sides at first floor level. Bedrooms (and bathrooms) are not generally inhabited for extended period during the day and are not considered to raise privacy concerns. These first floor windows are also to be located towards the front of the site and will not result in an unacceptable loss of privacy to any private open space at the rear of any adjacent property.

f) The density of the proposed villas exceeds Council’s Development Control Plan

requirements.

Comment: The concerns regarding density were noted. The applicant submitted revised plans on 17 August 2009 reconfiguring the ground floor of Villa No.1. The modification involved the deletion of the ground floor study by an enlargement of the living room to encompass this area. This modification ensures that the proposal is able to satisfy the density controls of Council’s Development Control Plan 2006 (Part 3.6).

g) Loss of existing dwelling house.

Comment: There is no requirement within Council’s DCP or any other statutory provision to require the retention of the existing dwelling on the subject site. It is not considered reasonable for Council to attempt to retain the existing dwelling on the site only on the basis of its proximity to the Heritage Item at No. 24 Miriam Road.

h) Increased traffic congestion in the locality.

Comment: It is accepted that the increase in the number of dwellings on the site will likely increase the number of motor vehicle movements in the locality. However, it is considered the increase will be inconsequential and should not have an unacceptable impact on the overall volume of traffic in Miriam Road.

i) Proposed building is too close to No. 24 Miriam Road.

Comment: The side boundary setbacks identified in DCP 2006 have been satisfied and as such the proposal complies with Council’s side setback requirements.



j) Loss in nearby property values. Comment: No evidence has been submitted to Council to demonstrate that the proposal will detract from value of any neighbouring properties.

k) Adverse impact upon existing infrastructure. Comment: Conditions of consent are recommended that require the applicant/owner to obtain documentation from Sydney Water and other infrastructure providers as to the appropriate availability of services for the development. l) Excessive site coverage. Comment: The site coverage of the proposed development has been calculated as being 40% of the site, which complies with the provisions of Council’s DCP 2006. 8. SEPP1 Objection received? Not required. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning The subject site is located within the Residential 2(a) under the provisions of the Ryde Planning Scheme Ordinance. The proposed development is permissible with the consent of Council. Mandatory Requirements Clause 41A - Subdivision of Land Generally This clause states that a person shall not subdivide land without consent of the relevant authority. The application for strata subdivision has been submitted as required by this clause. Clause 56A – Urban Housing The Council is not to consent to the urban housing on land within Zone No 2(a) unless the site area of the building is comprised of not less than: (a) 300m² for each 1, 2 or 3 bedroom dwelling; and (b) 365m² for each 4 or more bedroom dwelling.



The subject proposal for 2 x 3 bedroom villas and 1 x 2 bedroom villas requires a site area of not less than 900m². The total area of the site is 910.8m² and complies with this requirement.

(b) Relevant SEPPs

State Environmental Planning Policy (Building Sustainability Index: BASIX)

BASIX Proposed Compliance

Landscaping

Indigenous or low water use species of vegetation

Refer to Landscape Plan Yes

Rainwater Tank

Installation of a 2000 litres rainwater tank per dwelling.

2000 litre rain water tank proposed for each dwelling.

Yes

Hot Water

Gas instantaneous – 4 star or higher

4 star gas hot water systems identified on drawings.

Yes

Natural Lighting

Installation of a window and/or skylight in the kitchen and 1 bathroom(s)/toilet(s) in the development.

All kitchens have windows. Yes

Thermal Score

PASS PASS Yes Energy Score

Target 40% 47% Yes Water Score

Target 40% 42% Yes (c) Relevant REPs There are no Regional Environmental Plans relevant to this application.



(d) Any draft LEPs Draft Local Environmental Plan 2008 was adopted by Council on 5 May 2009. Under this Draft LEP, the zoning of the property is R2 Residential Low Density. The proposed development is permissible with consent within this zoning under the Draft LEP, and it is considered that the proposal is not contrary to the objectives of the Draft LEP or those of the proposed zoning. (e) Any DCP

City of Ryde Development Control Plan 2006:

Part 3.6 – Urban Housing Part 7.2 – Waste Minimisation and Management Part 8.2 – Stormwater Management Part 9.2 – Access for People with Disabilities Part 9.4 – Fencing

The proposal is in compliance with the above parts of DCP 2006 as illustrated by the development standards below.

Control

Proposal Compliance

2. Site analysis, location, number and type of dwellings Minimum allotment size Area: (not <600m2) 910.8m² Yes Primary Frontage: (not <20m) 22.409m Yes Not hatchet shaped Not hatchet shaped. Yes Preferred Location Is the proposed development within a non-preferred location?

No. Yes

Linear Separation Is there any approved Villa, Duplex or Urban Housing development within double the frontage (or proposed frontage)?

No. Villas adjoining at rear corner of site, but not within double the frontage.

Yes

Existing building Is the existing building a Heritage Item to be retained?

No. N/A

If yes, is it to be scheduled & does it comply with 2.5.1?

N/A N/A

Density Not more than 12 Dwellings 1x 2B dwelling per 300m2 of site area1x 3B dwelling per 300m2 of site area

2 x 3B: 600m² 1 x 3B: 300m² Yes



Control

Proposal Compliance

1x 4+B dwelling per 365m2 of site area If 4 or more dwellings on site, <75% with same number of bedrooms (rounded down) e.g. 6d= 4x3B + 2x2B

N/A

N/A

3. Site Planning Presentation At least one dwelling must present to the street

Villa 1 presents to the street. Yes

Slope Slope must be <1:6 either up or down from street frontage

<1:6 slope. Yes

Cross-fall <1:14 <1:14 cross fall. Yes <300mm Cut or Fill outside building envelope

No fill outside building envelope. Yes

No imported Fill No indication that the proposal will involve the importation of fill to the site. Condition to ensure.

Yes

No basement garages No basement garages. Yes Minimal steps, retaining walls Storeys Single storey only. OR Single storey only. N/A Where adjoining dwellings on either side of the site are single storey that part of building with frontage to the street may contain a 2 storey dwelling which shall be not more than 6.5m in height and 8m in overall height. The second storey must be contained within the roof

Dwellings on adjacent properties are single storey. The proposal involves a two storey building with frontage to the street. The second storey is not completely contained within the roof.

No

Height (for max & min dwelling) Ceiling Height - Single storey: 3.7m max

Ceiling RL:36.20 NGL below (min): RL:32.80 NGL below (max): RL:33.40 Min height: 2.8m Max height: 3.4m

Yes

- Two storey: 7m max Ceiling RL:37.90 NGL below (min): RL:31.40 NGL below (max): RL:32.20 Min height: 5.7m Max height: 6.5m

Yes



Control

Proposal Compliance

Ridge Height - Single storey

Ridge RL:38.60 NGL below (min): RL:32.92 Min height: 5.68m

Yes

- Two storey: 8m max Ridge RL:39.40 NGL below (min): RL:31.80 NGL below (max): RL:32.60 Min height: 6.8m Max height: 7.6m

Yes

Floor to ceiling height in all dwellings ≥ 2700mm

2700mm min floor to ceiling height for all dwellings.

Yes

Site Coverage Site coverage must be under 40% (not including access handle for hatchet shaped blocks or area between foreshore building line and high water mark)

Site coverage 40%. Includes dwelling, porch and patio area and lockable garages.

Yes

Pervious area must be greater than 35%

33% pervious area. On site detention system considered acceptable by Council’s Development Engineers.

No

Setbacks Front Setbacks: Similar to adjoining dwellings - same as adjoining if <2m - Average if >2m

Same as adjoining dwelling proposed. Although the average of adjoining setbacks is required as >2m difference in setback in the setback of the dwellings on either side of the site.

No

If streetscape is likely to change: >7.5m for 50% of frontage, >6.5m for 50% of frontage.

N/A

N/A

Provide an irregular front elevation for interest (+/- 1m)

Irregular front elevation provided for interest.

Yes

Secondary Frontage: Min 4.5m

N/A N/A

Side & Rear Setbacks: Min 4.5m unless vehicular access is included in this area, then min 6m.

6m min side setback (inc. driveway).

Yes

Allow variation between 3-6m for less than 50% for visual interest

Variation between 3-6m. Yes

Internal Setbacks Habitable room windows don’t overlook

Habitable room windows do not overlook.

Yes

9m separation between facing dwellings habitable room windows?

N/A see above. Yes



Control

Proposal Compliance

Private Outdoor Space Min 30m2 for 2B Min 35m2 for 3+B Min dimension 4m (one single space)

2 x 3B: Villa 1 and 3 have >35m². 1 x 2B: >30m².

Yes Yes

Not within front setback Not within front setback. Yes Private Open Space at natural ground level.

POS at NGL Yes

Solar access: 50% for ≥2hrs Villa 1 does not receive 50% sunlight between 9am – 3pm.

No

Access to courtyard two ways? Second access point to private courtyards provided through either the garage or gate to courtyard. Condition to ensure access gate is provided to rear courtyard of Villa 3.

Yes

Visible from living areas? Visible form living areas. Yes Securely enclosed (not roofed) Securely enclosed. ≥1.2m landscape strip between courtyard and adjoining property

Landscape strip proposed however a clothes line for Villa 3 is located on the boundary creating a gap in the landscape strip. A condition has been included within the recommendation to require the relocation of the clothes line located on the boundary within the courtyard of Villa 3.

Yes* (Subject to condition)

Landscaping Extent of landscaping, existing trees retained in common areas?

6 major trees retained in both common and private areas.

Yes

Privacy Planting ≥1.2m landscaped strip 3<h<4m mature plants? 5<h<6m small trees?

500mm landscape strip provided along the north-western boundary of the site adjacent to the driveway.

No

Lawn areas edged or kerbed? Edged lawn areas proposed. Brick garden edging. Storm water plans read 150 kerb.

Yes

Nature Strips: Street trees retained and protected?

Retaining Brush Box on nature strip.

Yes

Car Parking Number of Parking Spaces 1 space per 1 or 2 B dwelling 2 spaces per 3+B dwelling

2 spaces for Villa 1 (3 Bedrooms) - 1 tandem space half covered.

Yes



Control

Proposal Compliance

1 visitor space per 4 dwellings (at least one space per dwelling must be in lockable garage)

2 spaces for Villa 3 (3 bedrooms) 1 garage space for Villa 2.

Yes

Yes For hatchet shaped blocks, 1 extra visitor space per 4 dwellings

N/A N/A

Garage location: - Not between dwelling and street

frontage - No tandem parking in front of

garage - Conveniently located for

occupants - Located so they separate

dwellings.

Not between dwelling and street frontage. No tandem parking in front of garage. Conveniently located for occupants. Located to separate dwellings where appropriate.

Yes

Yes

Yes

Yes

Manoeuvrability: Enter and leave garage/parking area with single 3pt turn, in a forward direction (unless safe to reverse - corner allotment only).

Utilising space in front of garages to V1 and 2, manoeuvrability is achieved.

Yes

Driveways Suitably paved, extent minimised, to avoid excessive amounts of hard paved areas.

Concrete driveway. Extent minimised.

Yes

Driveway Crossings Width: 10 spaces, min 4m >10 spaces, max 6m Driveways <30% of frontage

Proposal seeks to widen existing crossing to 4m.

Yes

Solar Access Habitable room windows face courtyard or other outdoor space open to the sky, no closer than 1.5m to facing wall.

All Habitable room windows face outdoor space open to sky or courtyard.

Yes

Sunlight to at least 50% of each courtyard, and principal ground level open space >2hrs between 9am and 3pm on June 21 or

Villa 1 does not receive 2 hrs of sunlight to 50% POS between 9am and 3pm.

No

Where existing overshadowing by buildings and fences is greater than this on adjoining properties, sunlight must not be further reduced by more than 20%

N/A Existing dwelling is single storey.

N/A

Shadow diagrams must indicate extent of shadowing within development and adjoining

Shadow diagram indicates shadowing extent within development and over adjoining

Yes



Control

Proposal Compliance

properties. properties. Visual & Acoustic Privacy Min 9m separation between facing habitable room windows

No facing habitable windows. Yes

No direct views between living area windows or adjacent dwellings (otherwise screening or obscuring necessary)

No direct views between living area windows or adjacent dwellings. Villa 1 living area windows are setback 4.5m from boundary.

Yes

Direct views from living areas to private open space of other dwellings should be screened or obscured within privacy sensitive zone of 12m radius.

N/A

N/A

No balconies. Elevated landings (or similar associated with stairs into courtyard) max 1m wide

No balconies proposed. The proposed landing to the rear of Villa 2 is 780mm above ground level and is 1.0m wide.

Yes

Yes

Living and sleeping areas protected from high levels of external noise?

No high levels of external noise exposure.

Yes

Accessibility Pedestrian access provided, separate to vehicle access where possible.

Villa 1 has separate path to front porch from Miriam Rd. Pedestrian access to Villa 2 and 3 is via driveway.

Yes

6 or more dwelling developments have min 35% of dwellings provide access to all indoor areas and outdoor living areas for people with disabilities (street, car parking and common areas accessed in one continuous path of travel)

N/A

N/A

For above such developments, an access audit must be submitted

N/A N/A

4. Building Form Ceiling Height: Floor to Ceiling min 2.7m

2.7m ceiling height.

Yes

Roof & materials Pitch 22-30° (35 where 2nd floor is within roof)

25 - 31º Villa 1 First Floor is within roof.

Yes

Min 300mm eaves overhang for roofs & verandas

Min 300mm eave over hang. Yes

Yes



Control

Proposal Compliance

Gables to street frontage? Gabel ends included in roof design facing street.

Variation to roof line? Variation to roof line. Yes Roof materials consistent with traditional ones in the street?

Concrete roof tiles are consistent with traditional style of street.

Yes

Building materials for walls In keeping with the traditional materials for the locality. Detailing to break up large areas of wall adding interest and individuality

The submitted brickwork details for the proposed walls have been supported by Council’s Heritage Advisor.

Yes

Proportion of windows and other openings consistent with character of locality. (windows 2:1 and 3:1 vertical proportion)

Window proportions consistent with character of locality. No objection from Council’s Heritage Advisor.

Yes

Fences Front fence: Max ht 1m, and 70% visually permeable Materials complement dwelling e.g. wooden pickets, masonry with infill panels, wrought iron or similar etc

The proposed underground OSD system involves the construction of a 510mm high masonry wall. N/A

Yes

Secondary street frontage: Similar materials to main front fence - - Solid fence must have indents for soft landscaping

- -

Other boundary fences Min ht 1.8m Min 1800mm height. Yes Lapped and capped timber 1.8m lapped and capped.

Material not specified so condition has been included to require timber construction.

Yes* (Subject to

condition 17)

Clotheslines and drying area External clotheslines (not visible from adjoining properties or public areas)

External clotheslines are not visible from adjoining properties or public areas.

Yes

Each dwelling must have its own laundry

Each dwelling has its own laundry.

Yes

Lighting Front yard lighting and lighting on the front of dwellings is to be provided

Front yard lighting and lighting on the front of dwellings are not

shown on plans.

Yes* (Subject to

condition)Location of external lighting must not have adverse affect on adjoining properties.

Condition to ensure to specify lighting is not to have an unacceptable impact on adjoining properties.

Yes* (Subject to

condition)



Control

Proposal Compliance

Garbage bin enclosures For developments up to 5 dwellings on sites that are not steeply sloping and which have a wide road frontage: - Each dwelling must be provided

with a storage area for Council’s standard rubbish and recycling bins.

- Storage area should be behind the dwelling, not visible from public spaces, common areas and habitable room windows

Each dwelling is provided with a bin storage area. The location of the bin storage areas within the garages of Villas 1 and 2 and at the rear of the open car space of Villa 3 are considered acceptable.

Yes

Yes

For developments of 6 or more dwellings or where sites are steeply sloping or have a narrow street frontage: - A central garbage bin enclosure

shall be provided - Behind the building line and

suitably screened by landscaping. A plan indicating the design and location of the garbage bin enclosure must be submitted with the DA.

N/A

N/A

5. Engineering Drainage Part 8.2 Stormwater Management DCP 2006

Proposed method of disposal and discharge point: 50% RW to RWT. Surface/driveway runoff to SWP. SWP connect to underground OSD located under driveway. Driveway OSD and SWP along courtyards drain through above ground detention pond and out to Miriam Street.

See

Development Engineer

comments.

Surface on-site stormwater detention basins are not permitted within the front setback.

Underground OSD located in front setback however is located underground to the satisfaction of Council Development Engineers.

Yes

Impervious Areas: <65%

The proposal involves the installation of an on-site

No



Control

Proposal Compliance

detention system to manage runoff from the proposed development to the satisfaction of Council Development.

NON-COMPLIANCES: 1. Number of storeys Section 3.3.2(c) specifies, in part:

c. Where adjoining dwellings on either side of the site are single storey that part of the building with frontage to the street may contain a 2 storey dwelling which shall be not more than 6.5m in height and 8m in overall height. The second storey must be contained within the roof.

The dwellings located on the adjacent properties either side of the subject site are single storey. Contrary to the above control, Villa 1 fronting Miriam Road is partially two storeys and the second storey is not completely contained within the roof. The proposed non-compliance with Section 3.3.2(c) is considered acceptable in this instance as:

a. the second storey element not within the main roof is located behind the second storey which is contained within the main roof and is approximately 500mm lower in height;

b. the position and design of the proposed second storey element not contained within the main roof is largely screened from view from Miriam Road and is only able to be seen from Miriam Road on limited angles;

c. it is considered the second storey not contained within the main roof is in keeping with the existing scale, character and streetscape of the surrounding area;



d. Council’s Heritage Advisor has not objected to the proposed design subject to conditions; and

e. the second storey element not within the main roof measures 3.1m x 5.0m and contains only a bathroom and ensuite for the first floor bedrooms.

2. Front setback Section 3.5.1(a) states, in part; If the difference between the setbacks of the adjoining buildings is more than 2m the development must be set back the average of the front setback of the two adjoining developments. An explanatory diagram of the front setback requirement from Section 3.5.1(a) of Council’s DCP 2006 is shown in Figure 4.

Figure 4 - DCP 2006 explanatory diagram for calculating required front setback distance. As illustrated in Figure 5 below the front setback distances of the properties on either side are: No. 20 Miriam Road: 13m No. 16 Miriam Road: 6m



Figure 5 – Front setback distances of the properties adjoining on either side Applying the DCP provisions in this case (with the very large setback of No.20 Miriam Road), would require a front boundary setback of 9.5m (3.5m more than proposed). The proposed front setback of 6.0m is considered acceptable in this instance as:

• it is consistent with the setback of the adjacent dwelling at No.16 Miriam Road which has a setback of 6.0m;

• Council’s Heritage Officer has raised no objection to the proposed front setback;

• the proposed front setback is considered to be generally consistent with the existing streetscape of Miriam Road; and,

• the proposed front setback is consistent with the second dwelling at No.20 Miriam Road.

3. Solar access to Private Open Space of Villa 1. The Private Open Space (POS) area of Villa 1 will only receive mid-winter solar access late in the afternoon.



This is a ramification of having a two-storey dwelling on an east-west orientated allotment. In the subject application, as long as the two-storey dwelling is retained, there will be significant shadow impacts on the private open space area. Whilst this is not a preferred situation it is not considered an adequate ground for refusal of the proposal overall, particularly in view of the degree of compliance for the other DCP components.

4. Pervious area Section 3.4(b) specifies that the pervious area of the site must not be less than 35%. Contrary to this requirement the proposed pervious area of the site is calculated to be 33%. The proposed amount of pervious area is considered acceptable in this instance as:

• the proposal represents a minor 2% departure from the required minimum; and

• Council’s Development Engineers have raised no objection to the proposed amount pervious area.

5. Planting strip adjacent to driveway Section 3.7(d) specifies in part that a planting strip not less 1.2m wide should be provided between the driveway and the adjoining property boundary. The front portion of the planting strip for the driveway forward of the dwelling at No.20 Miriam Road has maximum width of 0.5m. The proposed width of the planting strip is considered acceptable in this instance as:

• the planting strip is within the front setback and should not detract from the

privacy of the neighbouring property at No.20; and, • the width of the planting strip should not have an unacceptable impact on the

appearance of the development when viewed from Miriam Road.

Section 94 Contributions Plan The proposed development will generate an increased demand for services from two dwellings. (Proposed three dwellings minus the existing dwelling). The generated Section 94 contributions are:

Community and Cultural Facilities $4,480.42 Open Space and Recreational Facilities $17,973.23 Civic and Urban Improvements $2,312.00 Roads and Traffic Management Facilities $2,481.35 Cycleways $319.64 Stormwater Management Facilities $282.97 Plan Administration $86.18 TOTAL $27,935.79



10. Likely impacts of the Development (a) Built Environment The proposed Urban Housing development is able to satisfy all but a few of the relevant controls contained within DCP 2006. Council’s Heritage Officer has raised no objection to the proposed design in view of the existing streetscape and the proximity of the site to Heritage Items within Miriam Road. As recommended by Council’s Heritage Officer a condition has been included (see Part 2 Condition 2 of recommendation of this report) to require the development use materials and colours which sympathise with the characteristics of the area (see Figure 6 for submitted colour and material details).

Figure 6 – The applicant’s submitted details of colours and materials. On the subject site Council’s Urban Housing controls only allow for a second storey which is to be contained within the roof. Whilst Villa No.1 incorporates a second storey outside the main roof, the size and position of the second storey largely prevent this element having a discernable impact on the existing streetscape.



(b) Natural Environment The proposal should not have an unacceptable impact on the existing natural environment subject to conditions. Conditions have been included from Council’s Landscape Architect which are aimed at ensuring the proposal does not cause damage to the large Smooth-bark Apple Tree located on the adjacent property at No.20 Miriam Road. 11. Suitability of the site for the development The subject site is identified by Council’s mapping to contain a small area of endangered urban bushland within the site’s north-western corner. A large Smooth-bark Apple tree is located close to the northern boundary of the site however the bulk of nearby trees are located in Miriam Park. Subject to conditions recommended by Council’s Landscape Architect the proposed development is not likely to impact on any endangered bushland (see Conditions 1-3 within Part 1 of the recommendation of this report). The site is not classified as a Heritage Item or contained within a Heritage Conservation or Character Area, although it is located within 100 metres of an existing Heritage Item at No.24 Miriam Road. Following the receipt of amended plans, no objection has been raised to the proposal by Council’s Heritage Officer subject to a condition included in the recommendation of this report (see Condition 2 within Part 2 of the recommendation of this report). The site is not subject to any other natural constraints such as flooding or subsidence. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the natural and built environments.



Figure 7 – Proximity of subject site to the Heritage Items No.314 (24 Miriam Road) and No.169 (30

Miriam Road).

Figure 8 – Council’s mapping of Endangered Urban Bushland



12. The Public Interest The proposal is considered to be within the public interest as it maintains the use of the property for residential purposes. The proposal is considered to adequately integrate with the existing streetscape. 13. Management Plan Linkages Relationship to Key Outcome Areas


P2 A city that plans for people by involving them in decision making to improve their

quality of life. Comment: The proposal was advertised and notified in accordance with Development Control Plan 2006 – Part 2.1, Notification of Development Applications. Advertising occurred in the Northern District Times on 13 May 2009. The first notification of the proposal was from 30 April 2009 until 4 June 2009. Following the submission of amended plans the application was re-notified from 6 October 2009 until 21 October 2009. Six (6) submissions were received in response to the first notification period and three (3) submissions were received in response to the second notification period.


Comment: This application has no direct relationship to this key outcome area.


E2 Clean water through control of pollution entering our waterways and through

protection of these waterways. E6 Sustainable practices in buildings, waste management, transport, energy

systems and water use. Comment: Compliance with these objectives of the Management Plan are achieved through fulfilling the requirements of the BASIX Certificate (which requires the applicant to meet various targets regarding energy efficiency), as well as various conditions of consent regarding sediment control.





community. G2 Members of the community are engaged in democratic decision making. G3 Review of best practice approaches on Governance to enhance the delivery of

services to the community. G4 A safe working environment with skilled and motivated staff who are committed

to the organisation’s vision and values. G5 Compliance with all legislative requirements and statutory obligations. G6 An efficient and effective regulatory environment. Comment: The proposal was advertised and notified in accordance with Development Control Plan 2006 – Part 2.1, Notification of Development Applications. Advertising occurred in the Northern District Times on 13 May 2009. The first notification of the proposal was from 30 April 2009 until 4 June 2009. Following the submission of amended plans the application was re-notified from 6 October 2009 until 21 October 2009. The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979, the City of Ryde Planning Scheme Ordinance, the City of Ryde Development Control Plan 2006 and other relevant Council policies. 14. Consultation – Internal and External Internal Referrals:

Development Engineer, 20 July 2009: Council’s Development Engineer has raised no objection to the application subject to 23 conditions which have been included within the recommendation of this report. Heritage Officer, 16 June 2009: Council’s Heritage Officer stated: “The amended drawings 2480/D01C, D02C & D03C include modifications to the front porch and deletion of a gable roof to the first floor bathroom and replacement with hip roof. These alterations together with the proposed materials and colours satisfy the heritage concerns of the proposal.” Landscape Architect, 27 August 2009: Council’s Landscape Architect has raised no objection to the application subject to requirements and conditions which have been included within the recommendation of this report (see Condition 2 with Part 2 of the recommendation of this report).



External Referrals Nil. 15. Critical Dates There are no critical dates or deadlines to be met. 16. Financial Impact Nil. 17. Other Options The alternative option of refusal was considered, however based on the merits of the proposal as detailed in this report the application is considered to warrant deferred commencement consent. 18. Conclusion: The proposal has been assessed using the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979 and found to be satisfactory notwithstanding minor non-compliances with Council’s DCP 2006. In response to the first notification and advertising period six (6) submissions were received objecting to the proposal. In response to the second notification period for the revised plans three (3) submissions were received. The issues raised in the submission include heritage impact, two storey design, streetscape, overshadowing, privacy, loss of the existing dwelling, and the impact of the proposal upon an existing tree located on adjoining property at No.20 Miriam Road. The proposal is considered to comply with the objectives of Council’s DCP 2006, however it does not comply with the controls relating to number of storeys, front setback, solar access, pervious area and width of planting strip adjacent to driveways. Council’s Heritage Officer and Landscape Architect have not objected to the proposal subject to conditions included in the recommendation of this report. On balance it is considered the proposal does not warrant refusal and Deferred Commencement Consent is recommended which includes conditions to address where appropriate the objector’s concerns and where possible rectify non-compliances.



RECOMMENDATION: (a) That Local Development Application No. 2009/0001 at 18 Miriam Road, West

Ryde, being Lot 78A DP 6272 for the erection of an urban housing development (comprising 2 x 3 bedroom dwellings and 1 x 2 bedroom dwelling) and strata subdivision be approved subject to the following conditions of deferred commencement consent:

Part 1- Conditions Relating to a Deferred Commencement Consent pursuant to

Section 80(3) of the Environmental Planning and Assessment Act 1979

1. The submission to Council of a revised Concept Stormwater Drainage drawing that provides for the proposed drainage pipes to be located clear of the drip line of the Smooth-bark Apple tree (Angophora costata) that is growing near the north-west corner of the site.

2. The submission to Council of a revised Landscape Plan that details the

location of the trunk and canopy spread of the neighbouring Smooth-bark Apple tree (Angophora costata) referred to in Condition 1. The Plan is also to include the extent of the tree’s protection zone and the protection zone fencing details. Only shallow plantings being are permitted within 15 metres of the trunk of the tree.

In addition the revised Landscape Plan is to reposition the clothes

drying line within the courtyard of Villa 3 so as to provide a 1.2m wide landscape strip along the length of the rear boundary of the site.

3. The submission to Council of a Construction Management Program to

ensure the long term survival of the Smooth-bark Apple tree (Angophora costata). The Program is to include:

a. The demolition and replacement of the fibro fence between the

properties, including the concrete foundations, shall be carried out under the supervision of a suitably qualified Arborist;

b. Retention of the existing concrete slabs near the tree to protect the tree’s root zone;

c. The selective use of piering to construct the carport; d. No drainage or other underground services, including pits, are to

be located within 10 metres of the trunk of the tree; e. No storage of building materials, particularly cement, lime and

other chemicals or heavy stack of bricks are to be permitted in proximity of the tree; and

f. A schedule of supervisory inspections to be undertaken by a suitably qualified Arborist.



Part 2 - General Conditions of Consent The following requirements shall apply upon satisfactory completion of the requirements outlined in Part 1 of this consent (above). 1. Development is to be carried out in accordance with the plans approved under

Part 1 of the Deferred Commencement Consent, together with the following drawings/details prepared by Peter Hall Architects Pty Ltd (as amended in red):

Drawing Number/Reference Issue Date 2480 D01 E 13/08/09 2480 D02 D 13/08/09 2480 D03 D 13/08/09 Letter dated10 June 2009 specifying materials and colours.

2. The development is to be carried in accordance with the colours and materials

specified within the letter dated 10 June 2009 from Peter Hall Architects Pty Ltd (Council Ref D09/36031).

3. The term of this Consent is limited to a period of two (2) years from the date of

approval. The consent will lapse if the development does not commence within this time.

4. Compliance with the Building Code of Australia

All building work (other than work relating to the temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

5. Prior to commencing any construction works, the following provisions of

the Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be





6. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

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

7. The development is to be carried out in compliance with BASIX Certificate No.

226514M, dated 22 December 2008. 8. Any architectural and/or fixture changes to the development will require the

submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

9. Residential Building Work

a) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

i) in the case of work to be done under the Act: has been informed in

writing of the licensee’s name and contractor licence number, and is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

ii) in the case of work to be done by any other person: has been

informed in writing of the person's name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

b) A certificate purporting to be used by an approved insurer under Part 6 of

the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part.



10. Excavations and backfilling

a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

11. Retaining walls and drainage


a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage. 12. Support for neighbouring buildings


a) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an

approved manner, and iii) must at least 7 days before excavating below the level of the

base of the footings of a building on an adjoining allotment of land, give notice 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.

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

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



13. Protection of Public Places

a) If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

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

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

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

14. Australia Post

Approval for the site and size of proposed household mailboxes must be obtained from Australia Post.

15. Waste Management Plan - Should you wish to vary the information provided in the Waste Management Plan you submitted to Council with your Development Application involving demolition and construction works, you are required to give written advice to Council of any changes.

Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out your obligations for waste management.

16. Front yard lighting and lighting on the front of each dwelling is to be provided. The location and design of all external lighting is not to have an adverse effect on adjoining properties.

17. Side and Rear Boundary Fencing. The side and rear lapped and capped fencing is to be of timber construction.

General Engineering Conditions

18. Design and Construction Standards. All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

19. Service Alterations. All mains, services, poles, etc., which require alteration

shall be altered at the applicant’s expense.



20. Restoration. Public areas must be maintained in a safe condition at all

times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

21. Road Opening Permit. The applicant shall apply for a road-opening permit

where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 22. Section 94 Contributions Plan

The development is subject to the provisions of Council’s Section 94 Contributions Plan. The following table details the required contribution which shall be paid prior to the release of any Construction Certificate.

Utility/Facility Cost

Community & Cultural Facilities $4,480.42 Open Space & Recreation Facilities $17,973.23 Civic & Urban Improvements $2,312.00 Roads & Traffic Management Facilities $2,481.35 Cycleways $319.64 Stormwater Management Facilities $282.97 Plan Administration $86.18

TOTAL $27,935.79 23. A security deposit is to be paid to Council (Public Works and Services Group)

as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

24. An Enforcement levy is to be paid to Council on lodgement of the

Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

25. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.



26. Documentary evidence shall be provided to Council detailing the required

payments detailed in Conditions 21, 22, 23 and 24 prior to the release of any Construction Certificate.

27. Driveway and garden edging must be rolled edged with concrete or brick. 28. Please contact Energy Australia’s Local Customer Service Office to obtain

documentary evidence that Energy Australia has been consulted and that their requirements have been met.

Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Email Address: [email protected]

This information is to be submitted to Council prior to the release of the Construction Certificate.

29. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building, Development and Plumbing section of the website at www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it may take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design. A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development / release of the plan of subdivision.

30. The applicant is to apply to Council, pay the required fee, and have issued

street alignment levels by Council prior to the issue of the Construction Certificate.



31. Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

32. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

33. All retaining walls to excavated areas are to be completed at the earliest possible stage and prior to the erection of the timber and masonry framework. Details are to be submitted to and approved by Council or an accredited certifier prior to the issue of the Construction Certificate.

Engineering conditions to be fulfilled prior to issue of Construction Certificate 34. Drainage Security Deposit. The applicant shall lodge with Council a security

deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared, lodged and registered and that the onsite stormwater detention system is constructed in accordance with the approval plans; this includes the correct sediment sump construction and fitting of the orifice plate and debris screen in the outlet control pit. Refund of this security deposit will be made on satisfactory completion of the works and notification to Council of lodgement of the Positive Covenant with the Department of Lands.

35. Driveway Grades. The maximum grade of all internal driveways and vehicular ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. The maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent.

36. Drainage Plans. The plans and supporting calculations of the proposed drainage system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.



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

Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in-situ concrete. Details shall be submitted with the Construction Certificate application.

37. On-Site Stormwater Detention. Stormwater runoff from all impervious areas

shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties. The gutters, pipes and downpipes shall be designed for the 1 in 100 year, 5 minute storm events.

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

38. Water Tank First Flush. A first flush mechanism is to be designed and constructed with the water tank system. Details of the first flush system are to be submitted with the construction certificate application.

39. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips



(h) Location of critical areas (drainage lines, water bodies and unstable

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

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

PRIOR TO COMMENCEMENT OF CONSTRUCTION Engineering Conditions prior to commencement of Construction 40. Sediment and Erosion Control. The applicant shall install appropriate

sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

41. Compliance Certificate. A Compliance Certificate should be obtained confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities.

42. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Public Works Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

DURING CONSTRUCTION 43. The occasions on which building work must be inspected are:

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

element d) prior to covering waterproofing in any wet areas



e) prior to covering any stormwater drainage connections f) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

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

44. The Principal Certifying Authority is required to ensure that adequate

provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

• Sediment control measures. • Tree Preservation and protection measures. • Security fencing. • Materials or waste containers upon the footway or road. • PCA and principal contractor (the coordinator of the building work)

signage and site toilets. 45. Signage is to be provided on the site as follows:

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

46. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 47. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

48. All construction and associated work is to be restricted to between the hours of

7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.



49. No spoil, stockpiles, building or demolition material is to be placed on any

public road, footpath, park or Council owned land. 50. Site toilets shall be provided in accordance with the WorkCover Code of

Practice entitled “Amenities for Construction Work”. PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

51. An Occupation Certificate must be obtained from the Principal Certifying Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

52. Prior to the issue of the Occupation Certificate, the Principal Certifying

Authority is to ensure that the BASIX commitments have been implemented in accordance with the BASIX certificate.

53. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority (and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


Certifying Authority (and Council, if Council is not the PCA) that the method of waterproofing wet areas has been provided in accordance with Part 3.8.1 of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling.


Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code.

Engineering Conditions to be complied with prior to issue of Occupation Certificate

56. Compliance Certificates – Engineering. Compliance Certificates should be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:

• Confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.



• Confirming that the driveway is constructed in accordance with the

construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

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

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Confirming that the vehicular crossing has been removed and the kerb and gutter have been constructed in accordance with Council’s Environmental Standards Development Criteria

57. Disused Gutter Crossing. All disused gutter and footpath crossings shall be removed and the kerb and footpath reinstated to the satisfaction of Council.

58. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.

59. On-Site Stormwater Detention System - Marker Plate. Each on-site detention system basin shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.



60. Positive Covenant, OSD. The creation of a Positive Covenant under Section

88 of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.

61. Drainage Construction. The stormwater drainage on the site is to be constructed in accordance with the approved Construction Certificate version of the concept Stormwater Drainage Plans approved under this deferred commencement consent.

POST OCCUPATION CERTIFICATE 62. Within 2 days of issuing a final Occupation Certificate, the Principal Certifying

Authority (PCA) is required to generate a BASIX Completion Receipt in accordance with the provisions of the EP & A Regulation 2000. The PCA is to refer to the BASIX Completion Receipt tool at www.basix.nsw.gov.au/administration/login.jsp in order to generate the BASIX Completion Receipt and a printed copy of the receipt is to be placed on the PCA file.

PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

63. Council will only issue a Subdivision Certificate pursuant to the Environmental Planning and Assessment Act 1979 Section 109 J when the development consent is complied with and Council or an accredited certifier has lodged documentary evidence of completion of a final inspection of any building or engineering works with Council.

64. 88B Instrument. The submission of an instrument under Section 88B of the

Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same.

65. Certification of Building Works. If Council is not the PCA then certification

that all building works as detailed in Local Development Consent No 2009/001 have been completed in accordance with that consent is to be submitted with the application for the Subdivision Certificate.

66. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5 copies suitable for endorsement by the General Manager pursuant to Section 109C of the Environmental Planning and Assessment Act 1979



67. On-site Stormwater Detention Certification. The submission of certification

by a suitably qualified Civil Engineer for the on-site stormwater detention system, attesting the storage volume, discharge rate and satisfactory operation of the system prior to the release of the Subdivision Certificate.

(b) That the persons who made submissions be advised of Council's decision. ATTACHMENTS 1 Map 2 Plans Report Prepared By: Paul Mills Assessment Officer Report Approved By: Liz Coad Manager Assessment Dominic Johnson Group Manager Environment & Planning



5 95 WATERVIEW ST, PUTNEY. Lot 413 DP 15093. Section 96 application to modify the approved 2 storey dwelling (LDA2004/700). Changes include addition of a store room, amendments to internal layout and fencing. S96 Application no. LDA2004/700.2.

INTERVIEW: 5.40PM Report prepared by: Senior Town Planner Report approved by: Manager Assessment; Group Manager Environment &

Planning Report dated: 22 October 2009 File Number: lda2004/700/005 -

BP09/844

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's' Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary Applicant: Tarek Gergis Owner: Tarek Gergis & Amal Gadalla Date lodged: 9 October 2008. The purpose of this report is to refer the matter back for Councillors to consider additional information submitted by the applicant on 9 September 2009 to enable further assessment of the Section 96 application previously considered by Council on 24 February 2009 and in accordance with Council’s resolution. The application is recommended for approval. Reason for Referral to Planning and Environment Committee: Previously considered by Council. Public Submissions: No submissions received specifically about the development; one letter received stating concerns about the construction of the fence. 2. Background On 24 February 2009, Council considered a S96 application to do modifications to the approved 2 storey dwelling by addition of a store room, amend front driveway/pathway, privacy screen, internal layout, change kitchen windows, amend fence details, revised landscaping and change wordings to engineering conditions. The original application was approved at Development Committee on 1 February 2005. Both previous reports are CIRCULATED UNDER SEPARATE COVER.



Photo of dwelling as completed. Council resolved:

a) That consideration of the application be deferred and Council requests the applicant provide the following additional information to enable a further assessment of the Section 96 application:-

1. An amended landscaping plan indicting a reduction in the hard paving on

the site and increased soft landscaping and plantings at the front of the site to improve the streetscape presentation of the development.

2. Detailed plans indicated the method of construction to permanently block

off the storeroom and relocate the rainwater tanks to the side of the dwelling.

3. A stormwater drainage plan prepared by a qualified Engineer indicating

the roof catchment area draining into the rainwater tank including the first flush mechanism, inlet levels, overland flow levels and pipe sizes in accordance with the manufacturers specifications and the qualified Engineers design.

4. A plan indicating revised fencing details to reinstate the boundary fencing

to the levels approved with the original development approval LDA 700/2004 approved 1 February 2005 and any impact on hydraulic flows associated with the boundary retaining walls.

b) That upon receipt of the additional information and assessment by Council

staff, a further report be presented to Development Committee. (now known as the Planning and Environment Committee).



Referral: Development Engineer: 22 September 2009: Council’s Development Engineer has reviewed the revised architectural plans, Work AS Executed Plans and accompanying letter from the applicant’s Engineer and has made the following comments:

Council’s Development Engineering Assessment Team has inspected the above property to investigate whether the proposed rainwater tanks that were constructed in the sub floor area have been rectified to ensure that in the event of a blockage, there is a fail safe overflow route. This has been undertaken by means of two overflow pits in the side pathway. The issue outlined with respect upstream localized/overland flow has been investigated by Council and given the upstream topography characteristics; there is no likelihood that flow would be diverted by means of the constructed masonry walls on the property boundaries. This is considered a favourable solution and no engineering/stormwater objections are raised.

Report: Additional information: 1. Amended landscaping details shown on Lower Basement and Site plan

illustrating a reduction in hard paving. It is proposed to remove 2 x 600mm wide strip of tiles adjacent to the driveway and provide new “synthetic green area” and planter box on either side of the driveway. It is also proposed to reduce the width of the access steps from 1200mm wide to 450mm wide, resulting in an increase of 10.88m2 of soft landscaping within the front setback which helps to improve the streetscape presentation of the development.

Amended driveway and lower basement plan showing additional landscaping (shown by green) and blocking off of the store room (red)



2. Revised architectural drawings No 1 & 2 of 6 Issue G-1 showing the 2 doors to

the store room behind the garage to be bricked up with solid wall and the store room converted back into foundation space with no access.

The applicant also seeks Council’s reconsideration “to having the rain water tank remain in its present location; with access from a new small manhole 800x600mm located in the adjacent stair well and foundation space located on the other side of the previous store room. This will facilitate access for maintenance and more importantly address and appease the concern of Council regarding the non use of the previous store room for access to the rainwater tank. Furthermore it will avoid having to locate the tank above ground level occupying landscaped area and being visually unsightly. Our Hydraulic Engineer has site inspected and evaluated the current location of the rainwater tank and its compliance in meeting the original BASIX requirements. His details and or certification with regards to compliance are enclosed with these documents. “ Council’s Development Engineer has no objections to the location of the rainwater tank in sub floor area (see comments below).

3. Executed Drainage Plan prepared by John Lowe and Associates and

Hydraulic Engineer’s letter dated 4 September 2009, attached, has been submitted. Council’s Development Engineer has reviewed the plans, inspected the property and advised:

Council’s Development Engineering Assessment Team has inspected the above property to investigate whether the proposed rainwater tanks that are constructed in the sub floor area have been rectified to ensure that in the event of a blockage, there is a fail safe overflow route. This has been undertaken by means of two overflow pits in the side pathway. The issue outlined with respect upstream localized/overland flow has been investigated by Council and given the upstream topography characteristics; there is no likelihood that flow would be diverted by means of the constructed masonry walls on the property boundaries. This is considered a favourable solution and no engineering/stormwater objections are raised.

4. The applicant has not submitted revised fencing details to reinstate the

boundary fencing to the levels approved but is seeking Council’s reconsideration with regards to the reinstatement of the boundary fencing for the following reasons:



• "The landscaped strip running around the pool adjacent to the side and

rear retaining walls is at the same virtual level as previously approved by Council, resulting in minimizing the visual height of the retaining wall

• All the affected neighbours approve of what has been excavated and built

• The overland flow issues will be addressed by our hydraulic engineer."

Amended architectural plans, drawing No F1, (pictorial view), drawing No 2 and surveyor drawing No. 87385 have been submitted detailing the side and rear fencing to the back yard. The plans detail the differences between the originally approved levels, what is currently built and its relationship with the adjoining side and rear properties natural ground levels.

1 = 1800mm high colour bond fence on top of retaining wall 2= top of retaining block walls @ NRL 12.34 3 = top of garden retaining walls @ NRL 11.54 4 = pool coping @ 11.07 5 = ground level as per DA approved @ 11.5 6 = existing natural ground level to adjacent properties to rear and side boundaries.

Council approved along the side and rear boundaries a retaining wall of approximately 400mm to 700mm high with 1.8m high colour bond fence on top, therefore the approved fencing was already above 1.8m in height. The approved FFL around the pool area was RL 11.5 and around the terrace area was RL 11.15, which when compared to the Natural ground level involved excavation of between 780mm at the rear to grade along the side boundaries. The terrace and pool area was actually built at 11.07 which is 430mm lower, requiring more excavation and resulting in retaining walls between 800mm to 1100mm plus a 1.8m high colour bond fence on top.



When viewed from the adjoining rear property, (169 Charles Street) the fence is only 1.8m high as on their side the natural ground level is RL 12.30. The owner at 169 Charles Street has advised Council that he is happy with the fence and has no objections.

Fence from adjoining rear property – 169 Charles Street. 1.8m high fence. Along the southern rear section the fence, when viewed from the adjoining southern properties (97 Waterview and 171 Charles Street), the fence will vary from 1.8m to 2.4m. No objections have been received from the residents of 97 Waterview or 171 Charles Street. The residents of 171 Charles Street have advised Council that they are happy with the fence as it screen all the ground floor level. They have no objections to the fence.



Fence from adjoining southern property – 171 Charles Street.

Along the southern boundary – dotted line shows levels what was originally approved – green area additional retaining wall. Along the northern rear elevation, when viewed from 93 Waterview, the fence varies in height from 1.8m to approximately 2.2m. This is the combination of the slope in the land and also the construction of the fence in separate "panels", which results in a "stepped" fencing formation. The height and state of construction of this fence has been discussed with the adjoining owners (No 93) and they also have no objection to the fence being retained in its present form.



Photo of the fence viewed from 93 Waterview Street. Fence higher than 1.8m, approximately 2.2m high for a length of 6m. With regards to hydraulic impacts associated with the fencing, the applicant’s consulting engineering via a letter dated 4 September 2009 advised: a) The works as executed plans now show the level of the masonry rear

retaining wall and the adjoining natural ground levels. The top of wall generally matches the ground levels and should not impede flows.

b) I have discussed this issue with Council previously and the main concern has been alleviated by way of the upstream catchment being very small or negligible.

Council’s Development Engineer has advised that given the upstream topography characteristic, there is no likelihood that flow would be diverted by means of the constructed masonry walls on the property boundaries. The owners of the adjoining properties, 171 and 169 Charles Street, have advised that they are satisfied with the fence as is, as the fence provides them with privacy. They do not wish for the fence to be altered. The owners of 93 Waterview have also advised that they have no objections to the fence along their common boundary being retained in its present form. The visual impact of the height of the fence is mainly from the subject site and this has been minimised by the provision of a raised garden bed to terrace the appearance from the rear and part of the side boundaries. Furthermore, as it has been confirmed that the proposed retaining walls would have minimal impact on the flow of water within the immediate area, and given that the originally approved fence (approved LDA 2004/700) was already over 1.8m in height, it is considered that the extra height of 430mm can be supported in this instance.



3. Councillor Representations: Nil. 4. Critical Dates There are no critical dates or deadlines to be met. 5. Management Plan Linkages

N/A. 6. Relationship to Key Outcome Areas


• A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life. Adjoining properties were notified of the S96 Modification application and given an opportunity to comment on the changes. No submissions were received, however the residents of 93 Waterview Street has expressed their concerns about the construction of the fence.


This matter has no direct relationship to this key outcome area.


• Sustainable practices in buildings, waste management, transport, energy systems

and water use through community commitment. The proposal meets domestic accommodation needs within the parameters of Council’s controls with no additional adverse impact on the environment.




• Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • Incorporation of best practice approaches in the delivery of services to the

community. • A safe and harmonious working environment with skilled and motivated staff who

embrace the organisation's vision and values. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. Application notified to seek community comments. Application processed and assessed in accordance with relevant controls. 7. Submissions The proposal was notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications from 30 October 2008 to 14 November 2008. No submissions were received. 8. Consultation – Internal and External Internal Referrals

Development Engineer: 22 September 2009: The stormwater drainage plan and accompanying letter from United Consulting Engineers P/L have been reviewed by Council's Development Engineer, who has advised that there are no engineering/stormwater objections to the works already carried out. No external referrals required. 9. Financial Impact The original assessment of the Section 96 report (CIRCULATED UNDER SEPARATE COVER) recommended, with regards to the unauthorised works, (additional store room, landscaping and fencing) that a Penalty Infringement Notice be issued for the unauthorised works. This is still applicable - please see part (b) of the recommendation.



10. Conclusion The applicant has submitted an amended landscaping plan indicating a reduction in the hard paving within the front setback so as to improve the streetscape presentation. Amended architectural plans have also been submitted detailing the blocking off the storeroom and Work to Executed Plan and certifications from a qualified engineer confirming that the location of the rainwater tanks complies with Council’s requirements and the retaining walls would have minimal impact of water flow within the immediate area. Therefore items I, 2 & 3 of Council’s resolution of 24 February 2009 have been satisfied. With regards to the reinstatement of the boundary fence (item 4) to their original approved levels, it is considered that the applicant has demonstrated that the existing fencing would have minimal adverse impact on the adjoining properties and the proposed fencing can be supported. RECOMMENDATION:

(a) That the Section 96 application to modify Local Development Application No. LDA2004/0700.2 at 95 Waterview St, Putney, being Lot 413 DP 15093, be approved with changes to conditions as follows:

(i) conditions 1, 10, 12, 46 & 56 to read:

1. Development is to be carried out in accordance with the Plans: Drawing No., 1/9C, 2/9C, 3/9C, 4/9C, 5/9C, 6/9C (as submitted to Council on 21 December 2004), 7/9C, 8/9C, Landscape Plan 1/1 dated Dec 2004, Stormwater Drawing No. 04MB1528/D01 & D02 Issue A and support information submitted to Council and amended by the following plans:

• V2 G-1, 1/6, F1, 2/6,3/6,4/6,5/6 & 6/6 submitted to Council on 8

September 2009. Plans 1 to 9, inclusive, Issue F, prepared by Maysons International P/L, amended 28/10/08 and submitted to Council on 6 April 2009.

10. 1.7m high obscure glazed privacy screen is to be provided to either side

of the rear first floor balcony. The privacy screen shall reach a height of 1.7m from the balcony floor level. Details are to be submitted with the Construction Certification application.

12. The development is to be carried out in compliance with BASIX

Certificate No. 221580S dated 5 November 2008. Details of compliance are to be reflected on the plans submitted with the Construction Certificate.



Note: Any architectural and/or fixture changes to the development will require the submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

46. Engineering Compliance Certificates. Engineering Compliance

Certificates must be obtained for the following works at the specified stage (If Council is appointed the PCA then the appropriate inspection fee is to be paid to Council) and submitted to the Principal Certifying Authority prior to the issue of a Final Occupation Certificate:

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

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

Council has an interest including kerb & gutter, access ways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public

reserves and public road reserves, and in all structures located within public road reserves.

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

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

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

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

Note: to ensure compliance within a reasonable period and follow ups are carried out the PCA is to conduct audit to ensure that the above requirements are met within 3 months of issuing any interim Occupation Certificate.

56. Compliance Certificates – Engineering. Compliance Certificates

must be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA prior to a Final Occupation Certificate.



• Confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

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

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"

• Confirming that the site drainage system servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41

Note: to ensure compliance within a reasonable period and follow ups are carried out the PCA is to conduct audit to ensure that the above requirements are met within 3 months of issuing any interim Occupation Certificate.

(ii) The following new condition is hereby added:

61. The applicant is to obtain an amended Construction Certificate for the works to be carried out (the blocking off the storage room) and the Principal Certifying Authority to monitor compliance with the approval and issue any relevant documentary evidence or certificates.

(iii) The application to modify condition 13 of the consent is not supported

as: Condition 13: Clause 154B (2) of the Environmental Planning & Assessment Regulation 2000 Regulations does not allow the issuing of any occupation certificate (interim or final) until all BASIX commitments have been fulfilled.

(b) That the matter be referred to the Manager Health & Building to issue a

Penalty Infringement Notice for the unauthorised works and to monitor compliance with the recommendations.



ATTACHMENTS 1 Map 2 Plans Report Prepared By: Sandra McCarry Senior Town Planner Report Approved By: Liz Coad Manager Assessment Dominic Johnson Group Manager Environment & Planning

planning and environment committee

Documents